City of Normandy Park. Recreation Center. Sidewalk Replacement INVITATION TO BID 2018

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1 City of Normandy Park Recreation Center Sidewalk Replacement INVITATION TO BID 2018 I. GENERAL A. Intent of Invitation to Bid This Invitation to Bid is to solicit competitive proposals from qualified contractors to provide City of Normandy Park, to remove and replace the sidewalk and add an ADA access ramp at the entrance of the Normandy Park Recreation Center. The Recreation Center is located at 801 SW 174th Street, Normandy Park, WA This Invitation to Bid will result in a contract award to a qualified Contractor for services, as defined in the scope of this Invitation to Bid. This Invitation to Bid will provide interested Contractors with sufficient information to submit a proposal that meets the minimum requirements. This Invitation to Bid is not intended to limit the content or exclude any relevant or essential data. Contractors are at liberty and encouraged to expand upon the specifications to evidence service capability under any agreement. All Invitation to Bid preparation costs and any associated activities related to this Invitation to Bid are the sole responsibility of the Contractor. The City of Normandy Park is not liable for any costs incurred throughout the selection process. Questions/Inquiries: Please direct any questions pertaining to this request to Amanda León, Parks Director, aleon@normandyparkwa.gov (206) B. Eligibility Requirements Supplier must meet the following minimum qualifications to be eligible to respond to this Invitation to Bid. 1. Must possess a current Washington State business license.

2 2. Must possess a current City or Normandy Park business license, bonded and insured to work within the City. C. Addendum to Invitation to Bid If it becomes necessary to amend this Invitation to Bid in whole or in part, an addendum will be posted. D. Right of Rejection The City of Normandy Park reserves the right to reject any and all proposals or to waive any non-statutory informality. The City of Normandy Park further reserves the right to award the contract deemed to be in the best interest of The City of Normandy Park. The City of Normandy Park decision to accept or reject the contract shall be final. E. Oral Presentations The City of Normandy Park may award a contract based on the initial Invitation to Bids received without discussion with the Contractor. If oral presentations are necessary to clarify an Invitation to Bid, they will be scheduled after the submission of the Invitation to Bid and at the sole discretion of The City of Normandy Park. F. Written Agreement The Contractor must enter into a written signed contract with The City of Normandy Park. G. Contract Period The contract shall commence on the date of the Invitation to Bid award and acceptance by the City of Normandy Park and continue for the duration of the project. The contract may be cancelled upon giving a thirty (30) day notice due to lack of funding or poor performance. H. Contractor Proposal Proposals must be signed by the Contractor's authorized official binding the Invitation to Bid. I. Proposal Submission 1. Three (3) copies of the Invitation to Bid proposal must be submitted by April 20, 2018 at City Hall, 801 SW 174th Street, Normandy Park, WA , by 4:00 pm. 2. All information requested must be completed and submitted by the date and time listed. Proposals received after that will be deemed nonresponsive. Neither faxed nor ed bids will be accepted. 3. Supplier shall submit one Invitation to Bid for each product line.

3 4. All requested information must be submitted on the Proposal Response Schedule Forms included in this Invitation to Bid. Schedules A-D. 5. Prior to the start of the work the successful contractor will be required to provide a Certificate of Insurance and endorsements showing the City of Normandy Park as additional insured. This insurance shall be against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors as outlined in the "Small Public Works Contract." 6. Prevailing Wage: This City of Normandy Park Contract requires prevailing wage under Chapter RCW. Any worker, laborer, or mechanic employed in the performance of the work shall be paid not less than the applicable prevailing rate of wage. This project is located in King County. Rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the area can be obtained from the department's website at: The Contractor will be required to: 1) Furnish proof of insurance with endorsement naming City as additional insured before work may commence and provide proof of valid Washington State License. 2) File a Statement of Intent to Pay Prevailing Wages (L&I form # ) with the State of Washington, Department of Labor & Industries and furnish the City with an approved copy. 3) File an Affidavit of Wages Paid (L&I form #F ) with the State of Washington, Department of Labor & Industries and furnish the City with an approved copy. Upon receipt of the approved form, the retained 5% will be eligible for release to supplier/contractor. 7. Retainage: RCW requires contract retainage, not to exceed 5% of the money s earned by the contractor, on public improvement projects. II. DETAILED SCOPE OF WORK A. Remove and dispose of sidewalk in Exhibit A. B. Replace with reinforced monolithic cement concrete curb and sidewalk as drawn in Exhibit B. Add ADA ramp to new sidewalk. All new work must conform to current ADA codes. This sidewalk shall be accomplished in accordance with the Standard Specifications for Road, Bridge, and Municipal Construction, 2016 Edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA) Washington State Chapter (hereafter "Standard Specifications.

4 III. EVALUATION CRITERIA The City of Normandy Park will evaluate each Invitation to Bid proposal submitted based on The City of Normandy Park overall needs. The Invitation to Bid contract will be awarded to the Contractor, who is responsive and responsible to all administrative and technical requirements of the Invitation to Bid; who has demonstrated competence and qualifications in their ability to provide the services required; the cost for the services offered and functionality and support of product. All schedules must be complete. Additional materials that support the Schedules may be included in the Invitation to Bid. The Invitation to Bid contract award will be by committee. The committee will evaluate each Invitation to Bid based on the criteria listed below. If the Contractor fails to provide any of the information required, The City of Normandy Park may, at its sole option, deem the Invitation to Bid nonresponsive, ask the Contractor to provide the missing information or evaluate the Invitation to Bid proposal without the missing information. 70 Points: Past Performance Schedule B 30 Points: Cost Proposal -Schedule D (Cost will be scored with the following equation) Cost Points X (2-Proposed Price/Lowest Price)

5 Schedule A CERTIFICATION OF PROPOSAL I have read the City of Normandy Park Invitation to Bid, and fully understand the intent. I certify that I have adequate personnel and resources to fulfill the Invitation to Bid requirements. I further understand that my ability to meet the criteria and provide the required services shall be judged solely by The City of Normandy Park. I further certify that, since the receipt of this Invitation to Bid proposal, no contact, discussion, or negotiations have been made nor will be made regarding this proposal with any City of Normandy Park contact. I understand that any such contact could disqualify this Invitation to Bid proposal. I further certify that I am properly licensed to conduct business within the scope of this Invitation to Bid, in the State of Washington. I certify that all Schedules contained herein shall be considered part of the entire Invitation to Bid response and that the complete Invitation to Bid document submitted shall be considered a legally binding document. Submitted by: Contractor Name Authorized Signature Name and Title Telephone Date

6 List past project(s) removing and installing concrete sidewalks. Schedule B

7 Schedule C REFERENCES Provide a minimum of three (3) and a maximum of five (5) Client References from the past three (3) years. 1. Company Name Contact Name Address City State Zip Telephone Fax Description of Work Scope 2. Company Name Contact Name Address City State Zip Telephone Fax Description of Work Scope 3. Company Name Contact Name Address City State Zip Telephone Fax Description of Work Scope

8 Schedule D Cost Proposal *ALL SIDEWALKS MUST BE ADA COMPLIANT* Please provide an itemized breakdown (removal and replacement by size per linear foot) of product cost and labor. Removal cost per square foot $ New Sidewalk cost per square foot $ ADA ramp cost$ Contractor shall submit a detailed invoice quantifying the services performed.

9 Schedule E Specifications for Sidewalk This work shall be accomplished in accordance with the Standard Specifications for Road, Bridge, and Municipal Construction, 2016 Edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA) Washington State Chapter (hereafter "Standard Specifications"). The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications are made a part of the Contract Documents and shall govern all work. Contractor must not cause any damage to landscaping, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If the contractor and/or contractor s equipment does cause damage to above, the City of Normandy Park must be notified immediately and damages must be repaired at the contractor s expense within 24 hours of the time the damage occurred. The contractor shall take precautions during saw cutting operations not to disfigure, scar, or impair the health of any tree or shrub on property. All invoices must show the quantities for materials used Work is to be conducted from 8:00 am to 5:00 pm weekdays. All work performed must comply with NPMC concerning noise standards. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately. Contractor must provide proof that all concrete and debris is recycled in a proper, environmentally safe manner. Contractor must be able to initiate work within 30 days of contract award from the City of Normandy Park, and must provide data from current and previous projects (as well as customer contact information for those projects) to demonstrate contractor s ability to complete projects within the timeline required by the City. The contractor shall schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, schools, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times. Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the property while not in use. If contractor is approached by the public with questions, the contractor shall address their concerns in a professional and polite manner. Contractor must provide a Safety Plan.

10 Photos of Rec Center Sidewalk Existing Conditions

11 Attachment A

12 Attachment B

13 SAMPLE CITY OF NORMANDY PARK SMALL PUBLIC WORKS CONTRACT THIS CONTRACT is made and entered into this day of, 20, by and between the City of Normandy Park, Washington (the City ), and, a (the Contractor ). FOR AND IN CONSIDERATION of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Work. The Contractor agrees to furnish all material, labor, tools, equipment, apparatus, etc. necessary to perform and complete in a workmanlike manner the work set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Except as otherwise provided in this Contract, all provisions of the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction, 2016 Edition, as modified by the Local Agency General Special Provisions, shall apply to the completion of the work. 2. Time of Performance and Completion. The Contract time shall begin on the first working day following the 10 th calendar day after issuance of the written notice to proceed or the first day, on which the Contractor begins to perform Work on the site, whichever first occurs. 3. Payments. The Contractor agrees to perform all work called for the sum of, plus applicable Washington State Sales Tax. Said sum shall constitute full compensation for all labor, materials, tools, appliances, etc. required to perform the required services. 4. Retainage. A. Except where a retainage bond has been submitted and accepted as provided in subparagraph 4(B), five percent (5%) of all monies earned by the Contractor shall be retained by the City for the purposes mentioned in RCW If monies are retained under this subsection, the Contractor elects to have these monies (check one): Retained in a fund by the City until sixty (60) days following the final acceptance of said improvement or work as completed and receipt of all necessary releases from the department of revenue, department of employment security, and department of labor and industries; Deposited by the City in an interest bearing account in a bank, mutual savings bank, or savings and loan association, not subject to withdrawal until sixty (60) days following the final acceptance of said improvement or work as completed and receipt of all necessary releases from the department of revenue, department of employment security, and department of labor and industries; provided, that interest on such account shall be paid to the Contractor; or Placed in escrow with a bank or trust company by the City until sixty (60) days

14 following the final acceptance of said improvement or work as completed the department of revenue, department of employment security, and department of labor and industries. When the monies reserved are to be placed in escrow, the City shall issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the City and such bonds and securities shall be held in escrow. Interest on such bonds and securities shall be paid to the Contractor as the said interest accrues. If this contract is under $35,000.00, the retained funds (or that portion thereof that exceeds the amount necessary to satisfy any liens that have been timely filed) may be released sixty (60) days following the final acceptance of said improvement or work as completed without receipt of releases from the department of revenue, department of employment security, or department of labor and industries unless liens have been filed against the retainage by such department(s). B. In lieu of the five percent (5%) retainage required by RCW , the Contractor may submit a bond for all or any portion of the retainage on a form acceptable to the City and from a bonding company authorized to do business in the State of Washington and with a minimum A.M. Best financial strength rating of A-. The bond and any proceeds thereof are subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW If monies have been withheld by the City as retainage prior to receipt of a bond under this subparagraph 4(B), the City agrees to release the bonded portion of the retained funds to the Contractor within thirty (30) days after receiving an acceptable bond from the Contractor. 5. Performance and Payment Bond. A. The Contractor shall execute and deliver to the City a bond, on forms supplied or approved by the City, with an approved surety company as surety, in the sum of the full amount of the Contract plus the applicable Washington State Sales Tax, in compliance with RCW through and any amendments thereto. The surety on any such bond shall be a surety company duly authorized to transact surety business under the laws of the State of Washington. B. If the amount of this Contract is One Hundred Fifty Thousand Dollars ($150,000) or less, the Contractor may, at its option, in lieu of the bond specified in subparagraph 5(A), have the City retain ten percent (10%) of the contract amount for a period of thirty (30) days after the date of completion of services, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under chapter RCW, whichever is later. The ten percent (10%) retainage provided in this subparagraph 5(B) is in addition to, and not in lieu of, the five percent (5%) retainage required in paragraph 4 under RCW If this contract is under $35,000.00, the retained funds (or that portion thereof that exceeds the amount necessary to satisfy any liens that have been timely filed) may be released sixty (60) days following the final acceptance of said improvement or work as completed without receipt of releases from the department of revenue, department of employment security, or department of labor and industries unless liens have been filed against the retainage by such department(s). 6. Indemnity. A. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney s fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City.

15 B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW , then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees or volunteers, the Contractor s liability hereunder shall be only to the extent of the Contractor s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. C. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. A. Generally. The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. B. No Limitation. The Contractor s maintenance of insurance, the scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG and shall cover liability arising from premises, operations, independent contractors, productscompleted operations, stop gap liability, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City and the City s consulting engineers for this Project shall be named as insureds under the Contractor s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement form CG and Additional Insured- Completed Operations endorsement CG or substitute endorsements providing equivalent coverage. 3. Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:

16 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. E. Other Insurance Provision. The Contractors Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor s insurance and shall not contribute with it. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before the commencement of the work. H. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. I. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds with written notice of any policy cancellation, within two business days of the Contractor s receipt of such notice. J. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at is discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Prevailing Wage. A. The prevailing rate of wage to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this Contract shall be in accordance with the provisions of Chapter RCW, as amended, and the rules and regulations of the Department of Labor and Industries. The rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Contract will be performed as determined by the Industrial Statistician of the Department of Labor and Industries, are attached hereto and by reference made a part of this Contract as though fully set forth herein. B. On or before the date of commencement of the work, the Contractor shall file a statement under oath with the City and with the Director of Labor and Industries certifying the rate of hourly wage paid and to be paid each classification of laborers, workmen, or mechanics employed upon the work by the Contractor or any Subcontractor, which shall not be less than the prevailing rate of wage. Such statement and any subsequent statement shall be filed in accordance with the

17 practices and procedures required by the Department of Labor and Industries. 9. Termination. A. Termination for Contractor's Default. If the Contractor refuses or fails to make adequate progress of the work, or to prosecute the work or any separable part thereof with such diligence that will insure its completion within the time specified in this Contract, or defaults under any provision or breaches any provision of this Contract, the City may serve notice upon the Contractor and its surety of the City's intention to terminate by default the right of the Contractor to perform the Contract, and unless within ten (10) days after the serving of such notice, the Contractor shall satisfactorily arrange to cure its failure to perform and notify the City of the corrections to be made, the right of the Contractor to proceed with the work shall terminate. In the event of any such termination, the City shall serve notice thereof upon the Surety and the Contractor, provided, however, that if the Surety does not commence performance thereof within twenty (20) days from the date of the mailing to such Surety of the notice of termination, the City may take over the work and prosecute the same to completion by Contract or otherwise for the account and at the expense of the Contractor. In the case of termination for default, the Contractor shall not be entitled to receive any further payment until the work is finished. B. Termination by City for Convenience. The performance of work under this Contract may be terminated by the City in accordance with this paragraph in whole or in part, whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance or work under the Contract is terminated, and the date upon which such termination becomes effective. The Contractor shall stop work on the project upon the date set forth in the Notice of Termination and shall take such actions as may be necessary, or as the City may direct, for the protection and preservation of the work. After receipt of a Notice of Termination, the Contractor shall submit to the City its termination claim, in the form and with the certification prescribed by the City. Such claim shall be submitted promptly but in no event later than 3 months from the effective date of the termination. Upon approval by the City, the termination claim shall be paid. C. Termination by Contractor. If the work should be stopped under an order of any court, or other public authority, for a period of thirty (30) days, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon seven (7) days written notice to the City, terminate this Contract and recover from the City payment for all work executed and any proven loss sustained. Should the City fail to pay to the Contractor, within the payment period provided for in this Contract, any sum due and owing, then the Contractor may, upon seven (7) days written notice to the City, stop the work or terminate this Contract. 10. Compliance with Laws and Permits. The Contractor shall at all times comply with all applicable state and local laws, rules, ordinances and regulations. Unless otherwise provided on Exhibit A, the Contractor shall secure and pay for all permits, fees, and licenses necessary for the performance of the work. The Contractor shall comply with all permit and license conditions. The Contractor shall pay any and all applicable federal, state and local taxes, including sales taxes, associated with performance of the work. 11. Nondiscrimination. Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees that the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical

18 disability or the use of a trained dog guide or service animal by a person with a disability. 12. Independent Contractor. No agent, employee or representative of the Contractor shall be deemed to be an agent, employee or representative of the City for any purpose. Contractor shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 13. Relationship of Parties. The parties intend that an independent contractor-client relationship will be created by this Agreement. As the Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or subcontractor of the Contractor shall be or shall be deemed to be the employee, agent, representative or subcontractor of the City. In the performance of the work, the Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or subcontractors of the Contractor. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Contractor performs 14. Legal Action. In the event that either party shall bring suit to enforce any provision of this Contract or to seek redress for any breach, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorneys' fees. 15. Entire Agreement. This Contract, together with all attachments, including: This Contract; The Contractor s proposal, including the bid, bid schedule(s), information required of bidder, Proposal bond, and all required certificates and affidavits; The Performance Bond and Public Works Payment Bond; The Contract Provisions, including 2016 WSDOT Standard Specifications as referenced; The Plans (or drawings), consisting of sheets, as listed in the index on sheet of the Plans; Addenda numbers, inclusive; and Change Orders issued after the effective date of this Contract; represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and agreements, whether written or oral. This Contract may be amended only by written change order, properly signed by both parties.

19 IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first written above. CITY OF NORMANDY PARK CONTRACTOR MARK E. HOPPEN, CITY MANAGER By: Title: ATTEST/AUTHENTICATED: BROOKS WALL, CITY CLERK APPROVED AS TO FORM: JAMES HANEY, CITY ATTORNEY