Public Works Project Terms
Download the Public Works Project Terms
1.01 The Bidder
The Bidder shall submit his proposal properly executed on the forms furnished. Only amounts and information asked for on the proposal forms will be considered as the bid. The Bidder shall bid upon the work exactly as specified. The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes (except Washington State Sales Tax), utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds.
The term "County", means Spokane County Washington, "successful bidder" means the apparent lowest and best bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the County. "Bidder" means the person, firm or corporation that has made an offer in response to the Request For Quotation.
1.03 Licensing and Registration
The Contractor must be licensed and registered in the State of Washington.
1.04 Public Work Requirements
This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. Questions should be referred to the State of Washington Department of Labor & Industries, PO Box 44540, Olympia WA 98504-4540, phone (360) 902-5335 or Fax (360) 902-5300.
The contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The contractor shall also be responsible for and pay all costs pertaining to the processing of these forms.
The prevailing wage schedule in effect for Spokane County for this project is the prevailing wage in effect at the time the bid is due.
1.05 Contractor's Bond
The Contractor will be required to file a Performance and Payment Bond to the STATE OF WASHINGTON AND SPOKANE COUNTY (dual obligees) which will always be, at a minimum, equal to one hundred percent (100%) of the contract price including all additions, deletions or extensions in time. Any additions, deletions or extensions in time shall not relieve a surety of its liability in any manner whatsoever. The bond is to insure faithful and complete performance of the contract and payment of all taxes and obligations to laborers and materialmen arising from the project. The bond shall be executed by a Surety Company acceptable to the Spokane County Board of County Commissioners. The Performance Bond shall remain in effect for one (1) year following the formal acceptance of the work.
When a contractor’s bond is furnished retainage equal to five percent (5%) of a payment request amount (excluding sales tax) will be deducted and held as retainage. The retainage period is forty five (45) days following final formal acceptance of the work as 100% completed by resolution of the Board of County Commissioners, or until receipt of all required releases from the state's departments of Revenue, Employment Security and Labor and Industries plus settlement of any liens or claims filed pursuant to chapter 60.28 RCW, whichever is later. Bidders are cautioned that actual payment of retainage historically has taken as much as 55 to 90 days from the contractor’s notification to the county that the work is 100% completed.
In lieu of a surety bond the County may, on contracts of $25,000.00 or less, hold retainage in an amount equal to fifty percent (50%) of the contract including tax. The option, if offered, will be listed in the bid document. If the contractor wants to exercise the option the contractor will so note in the bid response section. The retainage period is forty five (45) days following final formal acceptance by resolution of the Board of County Commissioners, or until receipt of all required releases from the State of Washington departments of Revenue, Employment Security and Labor and Industries plus settlement of any liens or claims filed pursuant to chapter 60.28 RCW, whichever is later. Bidders are cautioned that actual payment of retainage historically has taken as much as 55 to 90 days from the contractor’s notification to the county that the work is 100% completed.
1.06 Insurance Requirement
The successful bidder will furnish insurance as stipulated in Insurance Attachment provided.
1.07 Receipt of Addenda
All official clarifications or interpretations of the bid documents will be by written addenda only.
1.08 Examination of Documents
Each Bidder shall thoroughly examine and be familiar with the Contract Documents. Submission of a Bid shall constitute an acknowledgment upon which the County may rely that the Bidder has thoroughly examined and is familiar with each of the Contract Documents. The failure or neglect of a Bidder to receive or examine any Contract Document or any part thereof shall in no way relieve it from the obligations with respect to its Bid or to the Contract. No claim for additional compensation shall be allowed which is based upon a lack of knowledge of any Contract Document.
1.09 Submission of Post Bid Information
If the Bid Form provides for quotation of a lump sum bid or bids for all or parts of the construction, the Bidder whose bid is accepted shall furnish to the County within 7 days after delivery of Notice to Award a detailed Lump Sum Bid breakdown in the form and to the extent required by the County, together with a designation of the work to be performed by his own forces. This breakdown should be arranged in a format matching the Specifications as closely as possible so that the breakdown can also be used in a progress payment schedule guide. The cost breakdown must be subdivided in the same manner as the project manual index is subdivided and must include additional cost subdivisions for mechanical and electrical subcontractors. The total of the items in each such breakdown shall equal the lump sum bid.
Bidder whose bid is accepted shall furnish to the County within 7 days after delivery of Notice of Award a list of names of subcontractors or other persons or organizations (including those who are to furnish materials and equipment fabricated to a special design) proposed for all portions of work. Arrange this statement into a format matching the specifications arrangement as closely as possible. Bidder will be required to establish to satisfaction of Architect and County the reliability and responsibility of proposed subcontractors to furnish and perform the work described in the sections of the Project Manual pertaining to such proposed subcontractors' respective trades. Prior to award of contract, Architect will notify bidder in writing if either County or Architect, after due investigation, has receipt of such notice of objection, Contractor will replace such person or organization with a new subcontractor, as approved by Architect and County. Subcontractors and other persons and organizations proposed and accepted and shall not be changed except with written approval of County and Architect.
1.10 Project Compliance
In compliance with the request for quotation, bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract.
1.11 Proposal Effective Period
Bid proposals will be good for a sixty (60) day period commencing the date and time of closing unless extended by mutual consent of the bidder and the County.
The County reserves the right to reject any or all proposals for good cause. The County reserves the right to reject any or all proposals, portions or parts thereof and to waive minor irregularities or informalities in bidding.
In evaluating the proposals, special attention will be paid to the qualifications of the bidders when considering awarding the contract.
1.14 Completeness of Proposal
Each Bidder shall quote on all items in the bid proposal unless requested otherwise. Alternative, additive, or deductive prices will not be considered unless specifically required in the proposal form.
1.15 Contents of Proposal Form
The proposal form invites bids on definite plans and specifications. The plans, specifications and addenda relating to the project referred to in the proposal shall be considered to be part of the proposal.
There will be no arbitration arising out of or relating to a contract resulting from this Request For Quotation.
With the submission of a quotation the bidder agrees to furnish references upon request.
Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable.
1.19 Error in Extension
Unit price, when used, shall govern in case of extension error.
1.20 Prompt Payment Terms
Cash discounts less than 2% OR discount periods less than 20 days after receipt of a proper invoice will not be considered as evaluation factors in the award of a contract. For bid tabulation purposes leaving a "terms of payment" bid item blank if listed in the bid document or not writing a cash discount in a bid submittal will be considered a submission of "none" or no discount offered with payment due within 30 days of receipt of proper invoice (Net 30).
1.21 Shipping Costs
Bid price to include all shipping and handling costs.
A Purchase Order will be issued. No work will begin before the County has in its possession an acceptable certificate of insurance, a Contractor’s bond or request to retain 50% in lieu of a bond and an acknowledgment copy of the purchase order signed by the contractor. The Purchase Order, when properly signed and bearing a Purchase Order Number will be the only form, which will be recognized by the County as an award. The executed purchase order supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the County and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Purchase Order without the written consent of the County. No terms stated by the bidder in accepting or acknowledging this order shall be binding upon the County unless accepted in writing by the County. The successful bidder may not assign the Contract resulting from this Request For Quotation without the County’s prior written consent. No waiver by the County of a breach of any provision of the terms and conditions outlined in the Request For Quotation shall constitute a waiver of any other breach of such provision or of any other provisions.
The bidder warrants that all materials, equipment and services provided under a contract resulting from this Request For Quotation are subject to all warranties arising by operation of law and additionally conform to the specifications imposed by the County; all parts and materials are of a good marketable quality, of latest model and current date, exclude surplus remanufactured and used products unless so specified by the County and are fit for the known purpose for which they are sold. Said warranty being in addition to any standard warranty or service guarantee given by the bidder to the County.
1.24 Compliance with Laws and Regulations
The bidder agrees that if awarded a contract as a result of this Request For Quotation it warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the County against any loss, cost, liability or damage, including reasonable attorney’s fees, by reason of successful bidder's violation of this paragraph.
All services to be rendered or performed under a contract resulting from this Request For Quotation will be rendered or performed entirely at the Contractor’s own risk. The Contractor expressly agrees to indemnify and hold harmless the County and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with services performed or to be performed under this contract by the Contractor, its agents or employees to the fullest extent permitted by law. The Contractor's duty to indemnify the Owner and Consultant shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Owner or Consultant, their agents or employees. The Contractor's duty to indemnify the Owner and Consultant for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence or (a) the Owner or Consultant, their agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the Owner harmless shall include, as to all claims, demands, losses and liability to which it applies, the Owner's personnel-related costs, reasonable attorney's fees, court costs and all other claim-related expenses.
The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract.
Contractor further agrees that this duty to indemnify Owner applies regardless of any provisions in RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and Contractor hereby waives any such immunity for the purpose of this duty to indemnify Owner.
Contract(s) resulting from this bid may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the County for breach by the bidder of any of the obligations or requirements set forth in the contract documents which would, at the option of the County, require the bidder to assume liability for any and all damages, including the excess of re-procuring similar products or services; 3) for convenience of the County; or 4) by the County for non-appropriation of funds.
1.27 Termination by the Owner Without Cause
Notwithstanding any other provisions contained herein, the Owner, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the Owner to the Contractor on the Contract Sum, the Owner shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the Owner to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the Owner in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in paragraph 2 or 3 shall constitute full payment and consideration for the services performed by the Contractor prior to termination.
1.28 Compliance with Terms
Purchaser may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary.
1.29 Payment Application
Invoices will be submitted to the Spokane County Purchasing Department, 901 N. Monroe, Ste 350B, Spokane, WA 99201, Attn. (Contractor will list the appropriate "Project number" here). A Statement of Intent To Pay Prevailing Wages certified by the State on the Contractor and each and every subcontractor must be in the possession of the County before a payment application can be processed. Invoices must include the statement "I certify that wages have been paid in accordance with the Statement(s) of Intent To Pay Prevailing Wages previously certified and filed pursuant to this contract."
1.30 Change Order Pricing
The County may at any time, without invalidating the Contract and without notice to Contractor's sureties, if any, order any changes in the work. If changes are made which will affect the cost of the project (either an increase or decrease) or the time to complete (increase or decrease), a change order will be negotiated to compensate for the changes. Change orders must be approved by both parties, in writing, before they become part of the contract.
Contractor shall perform the work as changed despite any disputes or disagreements regarding appropriate adjustments to Contractor's compensation or any other matter. If any change ordered in the work results in a reduction in the work, Contractor shall neither have nor assert any claim for, nor be entitled to any additional compensation for damages or for loss of anticipated profits on work that is eliminated.
Contractor shall commence the work as modified by such change so that all dates set forth in Contractor's current construction schedule as approved by County or its representative will be met, provided that, in the event of an emergency which County or its representative determines endangers life or property, Contractor shall execute the work as required by County or its representative. Failure to commence any such work in timely fashion shall entitle County to invoke the liquidated damages provisions.
The allowance for combined overhead and profit included in the total cost to the County shall be based on the following schedule unless priced or specified elsewhere:
a) The Contractor may add fifteen percent (15%) of the cost when the specific change to the work has an impact of less than two thousand dollars or ten percent (10%) of the cost when the specific change to the work has an impact of two thousand dollars or greater for overhead and profit for work performed by his own forces and six (6%) for overhead and profit to the cost for work performed by Subcontractors. The Contractor may add an amount, confirmed by the surety, not to exceed three percent (3%) for the additional bond premium.
b) The Subcontractor may add fifteen percent (15%) of the cost when the specific change to the work has an impact of less than two thousand dollars or ten percent (10%) of the cost when the specific change to the work has an impact of two thousand dollars or greater for overhead and profit for work performed by his own forces.
c) Costs to which overhead and profit is to be applied shall be costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, worker’ compensation insurance, materials, supplies and equipment, including cost of transportation, whether incorporated or consumed, rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others, costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the work, and additional costs of supervision and field office personnel directly attributable to the change.
d) In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also. In no case will a change involving over $1,000 be approved without such itemization.
1.31 Release of Retainage
Retainage will be released after: 1) the County has received an Affidavit Of Prevailing Wages Paid, certified by the State, for the Contractor and each and every subcontractor; and 2) after passage of the retainage period of forty five (45) days following final formal acceptance of the work as 100% completed by resolution of the Board of County Commissioners; and 3) until receipt of all required releases from the state's departments of Revenue, and Employment Security; and 4) settlement of any liens or claims filed pursuant to chapter 60.28 RCW. Bidders are cautioned that actual payment of retainage historically has taken as much as 55 to 90 days from the contractor’s notification to the county that the work is 100% completed.