24-33- BID - 2024 Aubrey Davis Park Asphalt Repairs

Agency:	City of Mercer Island
State:	Washington
Type of Government:	State & Local
NAICS Category:	237310 - Highway, Street, and Bridge Construction
Posted Date:	Aug 21, 2024
Due Date:	Sep 9, 2024
Original Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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SMALL WORKS CONTRACT

INVITATION TO BID

Bid No. 24-33

August 21, 2024

Project Title: 2024 Aubrey Davis Park Asphalt Repairs

Project Informa�on: The City of Mercer Island is reques�ng pricing quota�ons for asphalt repairs. Work under this

contract will consist of various repairs and may include pedestrian, bicycle paths and parks. Work will occur at various

loca�ons within the jurisdic�onal boundaries of Mercer Island, Washington.

General Contract Informa�on: The purpose is to establish, through a compe��ve bidding process u�lizing the MRSC

Small Works Roster, a contractor to perform services at various loca�ons within the City of Mercer Island, WA. A

nonexclusive contract is to be awarded from this request.

Term and Es�mated Cost: The City will enter a contract with the successful contractor. Work under this contract may

start as soon as the contract is executed but all work will be completed by October 31st, 2024. Engineers es�mate for this

project is $14,982.00.

Mandatory Pre Bid Site Visit: Bidders are required to atend a pre bid site visit on September 3, 2024 at 8am at Aubrey

Davis Park, please RSVP to tom.ﬂynn@mercerisland.gov for mee�ng loca�on

Bid Submital: Any document that requires a signature shall be submited as a PDF. All submitals shall be sent via

electronic transmission to: bids@mercerisland.gov.

Due Date: September 9, 2024

Time:

by 2:00 PM (PST)

Contractors that deviate from this format or alter this form shall be deemed non-responsive. Contractors accept all risk

of late delivery, regardless of fault. Any price quote received a�er the due date and �me shall be deemed nonresponsive.

The City of Mercer Island reserves the right to reject any and all submitals and to waive irregulari�es and informali�es in

the submital and evalua�on process. This Invita�on to Bid does not obligate the City to pay any costs incurred by

respondents in the prepara�on and submission of a bid. Furthermore, this request does not obligate the City to accept or

contract for any expressed or implied services. The selected contractor will be required to meet and agree to all the

condi�ons in this Invita�on to Bid as well as the atached Sample Contract, included in EXHIBIT “B”, and the City’s

General Terms and Condi�ons, in EXHIBIT “C”.

INSTRUCTIONS AND INFORMATION FOR BIDDERS

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Submital Requirements: No bid shall be considered except those submited in the forms referenced below.

Subs�tu�ons will not be accepted during the bid process. Do not leave any space blank.

• EXHIBIT “A” Bid Forms

• EXHIBIT “B” Sample Contract

• EXHIBIT “C” Required Signature Forms

Required Signature Forms: The Required Signature Forms include six (6) documents. Please complete and sign all

documents including 1) Bid Form/Price Quota�on Form; 2) Proposal Signature Sheet; 3) Subcontractor Lis�ng; 4)

NonCollusion Cer�ﬁca�on; 5) Contractor Declara�on; and 6) Bidders Qualiﬁca�on Cer�ﬁcate. All required submital

documents must be signed by an authorized representa�ve, having authority to sign on behalf of the Contractor.

By signing these documents, the Contractor agrees that they are familiar with the local condi�ons aﬀec�ng the

performance of the work and the cost of the work at the place where the work is to be done. The Contractor further

agrees to furnish all labor, materials, equipment, tools, traﬃc control measures, and any other items necessary to

perform and complete the work. Failure to submit all of these documents shall make the bid non-responsive and not

eligible for award.

Interpreta�on of Contract Documents: Any ques�ons regarding this request should be emailed to

tom.ﬂynn@mercerisland.gov, no later than September 6th, 2024. Any oral communica�ons will be considered unoﬃcial

and non-binding. Ques�ons via phone will not be accepted. All ques�ons received will be compiled, and responses will

be sent to all solicited contractors prior to the closing of bids.

Bid Form/Price Quota�on Form

Located in EXHIBIT “A” and “C”, are stated only for bid comparison purposes. The City reserves the right to increase

quan��es shown through a Change Order. Payment will be made on the basis of the actual quan��es sa�sfactorily

completed for each work order in accordance with the contract requirements.

Markups (if applicable): Markups will only be for project materials that are not provided by the City and the City will only

accept rates of markup that are reasonable to the current industry. Markups are used only for the purpose of

determining prices when invoices are presented and will not be used in determining the lowest responsible bidder. The

City reserves the right to audit any charges that are presented and request any invoices from the supplier to review the

markup costs.

Bidder Responsibility: It is the intent of the City to award the contract to the lowest responsible bidder. In accordance

with the Revised Code of Washington (RCW) 39.04, before award of a public works contract, a bidder must, meet the

following state responsibility criteria, to be considered a responsible bidder and qualiﬁed to be awarded the project.

The Bidder must, at the �me of bid submital, have the following:

1. A current cer�ﬁcate of registra�on in compliance with chapter 18.27 RCW, which must have been in eﬀect at the

�me of bid submital.

2. A current Washington Uniﬁed Business Iden�ﬁer (UBI) number.

3. Not be disqualiﬁed from bidding on any public works contract under RCW 39.06.010, RCW 39.12.050, RCW

39.12.055, or 39.12.065.

4. If applicable:

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a. Have Industrial Insurance (workers’ compensa�on) coverage for the Bidder’s employees working in

Washington State, as required in Title 51 RCW.

b. Have a Washington State Employment Security Department number, as required in Title 50 RCW.

c. Have a Washington State Department of Revenue state excise tax registra�on number, as required in

Title 82 RCW.

d. An electrical contractor license, if required by Chapter 19.28 RCW.

e. An elevator contractor license, if required by Chapter 70.87 RCW.

5. Completed the L&I online training or meet the prior experience requirements in RCW 39.04.350(1)(f).

6. Within the three-year period immediately preceding the date of the bid solicita�on, not have been determined

by a ﬁnal and binding cita�on and no�ce of assessment issued by the department of labor and industries or

through a civil judgment entered by a court of limited or general jurisdic�on to have willfully violated, as deﬁned

in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.

Subcontractor Responsibility: In accordance with RCW 39.06.020, a public works contractor must verify responsibility

criteria for each ﬁrst �er subcontractor, and a subcontractor of any �er that hires other subcontractors must verify

responsibility criteria for each of its subcontractors. Veriﬁca�on shall include that each subcontractor, at the �me of

subcontract execu�on, meets all of the requirements in the previous Bidder Responsibility criteria. The City reserves the

right to review the procedure that the selected Bidder uses in valida�ng the responsibility of any subcontractors.

Ques�ons/Clariﬁca�ons: The City reserves the right to request any respondent to clarify or correct its proposal or to

supply any addi�onal material deemed necessary to assist in determining a responsive proposal. Modiﬁca�on of a

submited proposal will be considered only if the request is received prior to the submital deadline. All modiﬁca�ons

and/or correc�ons must be made in wri�ng and executed and submited in the same format and manner as the original

proposal. The City reserves the right to change the scope of work, dura�on of term, or issue addendums at any �me. The

City also reserves the right to cancel, change or re-issue this request at any �me.

Acknowledgement of Addenda: Each Bidder shall include on the Bid Form, located in EXHIBIT “C”, speciﬁc

acknowledgment of receipt of each Addendum issued by the City during the bidding period. If the Bidder does not

speciﬁcally acknowledge each addendum, the City may reject the bid as non-responsive unless the City determines from

delivery records or from inclusion of informa�on in the bid of informa�on contained in the addenda that the Bidder

received construc�ve no�ce of the addenda.

Basis of Award: The City of Mercer Island will select and award the contract to the lowest responsible bidder, as

determined by the City. Contract shall be awarded as per the Pricing Quota�on Form, located in EXHIBIT “A” and EXHIBIT

“C”. All rates and pricing submited shall include all costs, including but not limited to all wages, beneﬁts, the cost of

tools, equipment, ancillary supplies, overhead, proﬁt, taxes, permits, and other administra�ve fees associated with the

performance of this contract. Washington State Prevailing Wage rates for King County shall apply. Contractor, and all

subcontractors, must obtain a valid City of Mercer Island Business License at their sole expense. All applicable permits

and bonds must also be obtained at the contractor’s sole expense.

Award of Contract: Upon selec�ng the lowest responsible bidder, the successful bidder will receive a No�ce of Award

leter and any required Contract Documents. The successful bidder must sign and return all Contract Documents to the

City within ten (10) business days. If not returned within ten (10) business days, the City retains the right to cancel the

award and go to the next lowest responsive, responsible bidder.

Bid Protest: Protests shall be in accordance with RCW 39.04.105. Only bidders that submited a bid, subcontractors, or

others that can show substan�al economic interest in the bid award and who are aggrieved, are eligible to protest. A�er

bid opening, protests are limited to issues related to bid opening, evalua�on of bids, and inten�on to award decisions,

and are further limited to those items that were not known or could not have been reasonably known prior to bid

opening.

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Prevailing Wage: Any contract resul�ng from this Invita�on to Bid is subject to the requirements of RCW Chapter 39.12

and RCW 35.23.352, and as it may be amended, rela�ng to prevailing wages and as set forth in the Sample Contract,

included in EXHIBIT “B”. Current prevailing wage rates for King County can be obtained from the Washington State

Department of Labor and Industries at htps://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wagerates/.

Before any work begins on the contract, the selected Contractor and each Subcontractor shall submit a “Statement of

Intent to Pay Prevailing Wages” to the City. The Contractor is responsible for payment of all fees and shall make all

applica�ons and payments directly to the State Department of Labor and Industries. A contractor, subcontractor, or

employer shall also ﬁle a copy of its weekly cer�ﬁed payroll records using the Department of Labor and Industries' online

system at least once per month, pursuant to RCW 39.12.120.

Prevailing wages for all work performed pursuant to each work order must be the prevailing wage rates in eﬀect at the

beginning date for each contract year. Intents and aﬃdavits for prevailing wages paid must be submited annually for all

work completed. The contract amount listed on the intent should include the total not to exceed contract amount for the

en�re term. The aﬃdavits shall have the actual total amount paid under the contract (up to the date of that Aﬃdavit)

including sales tax. Each subsequent Aﬃdavit ﬁled will build upon the previous Aﬃdavit’s amount. This way, the ﬁnal

Aﬃdavit will show the grand total paid on the en�re contract.

Permits: The Contractor awarded the contract will be required to obtain a Right-of-Way Permit prior to performing any

work. If the Contractor obtains this permit, a copy must be sent to the Project Manager or their representa�ve. The

Contractor is responsible for complying with and maintaining the permit throughout the en�re term of this contract,

scheduling ﬁnal inspec�ons, and comple�ng any other items required by the Community Planning and Development

department. Informa�on about permits and inspec�ons can be found at

htps://mercerisland.gov/cpd/page/buildingpermits-codes-and-plan-review or at htps://mybuildingpermit.com.

Business License: As mandated by Mercer Island City Code 4.10.100, the General Contractor awarded the contract and

each Subcontractor working on the project will be required to obtain a City of Mercer Island Business License at their

sole expense. The Contractor and each Subcontractor shall obtain a City of Mercer Island Business License prior to

performing any work and maintain a current business license throughout the term of this contract with the City. A

business license applica�on can be obtained online at htps://dor.wa.gov/manage-business/city-

licenseendorsements/mercer-island.

Insurance Requirements: The Contractor awarded the contract shall maintain current insurance as set forth in the

Sample Contract, included in EXHIBIT “B”, and the Contractor shall name the City of Mercer Island as addi�onally

insured on the policy endorsements. The Contractor is responsible for submi�ng all new insurance documents, via

electronic transmission, to the City within ten (10) business days a�er expira�on.

Performance / Payment Bond: The Contractor awarded the contract, at their sole expense, shall furnish a separate

Performance Bond and Payment Bond each equal to one hundred percent (100%) of the contract, as set forth in the

Sample Contract, included in EXHIBIT “B”. Alterna�vely, pursuant to RCW 39.08.010, on contracts of ﬁ�y-ﬁve thousand

dollars ($55,000) or less, at the op�on of the Contractor, the City may, in lieu of the Performance and Payment Bond

retain ten percent (10%) of the Contract amount.

The Performance Bond and Payment Bond shall be in force throughout the en�re term of the contract including any

extensions un�l ﬁnal comple�on and acceptance by the City. All contract bonds shall be furnished by a corporate surety

company authorized to do business in the State of Washington. The surety must be approved and appear on the most

current revision of the U.S. Treasury Circular 570.

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Measurement and Payment: The Contract price shall cons�tute full compensa�on for furnishing all labor, materials,

tools and equipment for performing all work and opera�ons required as speciﬁed herein and shall be considered full

compensa�on. Payment to the Contractor will be made only for the actual quan��es of work performed and accepted in

conformance with the contract. The City shall withhold retainage from each invoice as required by RCW 60.28, as

amended.

Invoices: Contractor shall submit properly completed invoice(s) electronically to the Project Manager, or designated

representa�ve, and also tom.ﬂynn@mercerisland.gov. Copies of the work order or request form with complete

informa�on shall be atached to invoices submited for payment. The awarded Contractor shall be paid upon submission

of a properly itemized invoice based on the prices s�pulated in the Price Quota�on Form, EXHIBIT “A”, for work

performed in accordance with all payment and retainage.

Invoices must contain the following minimum informa�on:

A. Project Title/Loca�on/ROW or PARKS listed

B. Descrip�on of items/work completed with unit and total

i. Pass-through permit costs, if applicable

ii. Markups on project materials, if applicable D. Sales Tax, if applicable

E. This statement, per RCW 39.12.040: “We cer�fy that the prevailing wages have been paid in accordance with the

pre-ﬁle statement or statements of intent to pay prevailing wages on ﬁle with the City of Mercer Island.”

Invoices will be reviewed by the City before payment is made and the City’s designated representa�ve shall not authorize

payment un�l, in their opinion, the work has been sa�sfactorily completed. The City may request that the Contractor ﬁle

the aﬃdavit prior to processing the ﬁnal invoice.

Retainage: The Contractor awarded the contract shall have ﬁve percent (5%), or ten percent (10%) if the In Lieu of Bond

Contract was signed, of the Total Compensa�on retained by the City to assure payment of Contractor’s state taxes as well

as payment of subcontractors, suppliers, and laborers. If the Contractor awarded the contract submits a retainage bond,

this will be at the sole expense of the Contractor.

Termina�on: At any �me, upon writen no�ce, the City has the right to terminate this contract, with or without clause.

Warranty & Guaranty: Contractor warrants that all Work conforms to the requirements of the Contract and is free from

any defect in equipment, material, design, or workmanship performed by Contractor or its Subcontractors and Suppliers,

as set forth in the City’s General Terms and Condi�ons, EXHIBIT “C”. The warranty period shall be for the longer period of

one year from the date of Final Acceptance of the en�re Project’s Work Orders or the dura�on of any special extended

warranty oﬀered by a supplier or common to the trade. The Contractor shall submit in wri�ng their agreement to

provide free of charge, replacement materials and labor for all failed or otherwise inopera�ve equipment. If, within an

applicable warranty period, any part of the Work is found not to conform to the Contract, the Contractor shall correct it

promptly a�er receipt of writen No�ce from the City to do so.

Gi�s & Favors: The City’s Code of Ethics and Washington State law prohibit City employees from solici�ng, accep�ng, or

receiving any gi�, gratuity or favor from any person, ﬁrm or corpora�on involved in a contract or transac�on. To ensure

compliance with the City’s Code of Ethics and state law, the Contractor shall not give any gi�, favor, or promise of any

kind to City employees or oﬃcials.

Title VI: The City of Mercer Island, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.

2000d to 2000d-4 and Title 49, Code of Federal Regula�ons, Department of Transporta�on, Sub�tle A, Oﬃce of the

Secretary, Part 21, Nondiscrimina�on in Federally-assisted programs of the Department of Transporta�on issued

pursuant to such Act, hereby no�ﬁes all bidders that it will aﬃrma�vely ensure that in any contract entered into

pursuant to this adver�sement, disadvantaged business enterprises as deﬁned at 49 CFR Part 23 will be aﬀorded full

2024 Aubrey Davis Park Aspalt Repairs | Bid No. 24-33

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This page summarizes the opportunity, including an overview and a preview of the attached documents.

Title	Bid/RFP Closing Date	Status	Files	View
24-33- BID - 2024 Aubrey Davis Park Asphalt Repairs	09/09/2024 - 2:00pm	Open - accepting bids and proposals		24-33 ADP Asphalt ITB Sample Contract Signature forms	View Details

24-33- BID - 2024 Aubrey Davis Park Asphalt Repairs

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