Sample Only
Port Angeles, WA
Public Works Department Policy and Procedures
Project Bidding: Competitive Bidding Procedures
PW-407
1.0 PURPOSE:
1.1 To clarify when competitive bidding is to be used for public works capital projects.
1.2 To clarify the procedures to be used for the competitive bidding process for public works capital projects.
2.0 ORGANIZATIONS AFFECTED:
2.1 Public Works Department staff
3.0 POLICY:
3.1 Basic requirements of State Law RCW 35.23.352 for bidding are:
a. Public work or improvement contracts over $30,000, if more than one craft or trade is involved; or $20,000, if a single craft or trade is involved must be let at public bidding pursuant to the specific public notice and bid bond requirements set forth in RCW 35.23.352(1), the performance bond requirement of Chapter 39.08 RCW, the prevailing wage requirement of Chapter 39.12 RCW, and the retainage requirement of RCW 60.28.010.
b. Public work or improvement contracts of $100,000 or less may be let by inviting proposals from a small works roster without public bidding pursuant to public notice and without a bid bond. All other requirements associated with public work projects must be met, including performance bond, prevailing wages and retainage.
3.2 Exceptions to bidding requirements:
a. Emergencies. There is no specific statutory provision exempting the City of Port Angeles from complying with bidding requirements in all emergency situations. However, the leading treatise on municipal law recognizes the following general principle: "In case of an emergency, where it is essential to the health, safety or welfare of the people that immediate action be taken, the requirement may be dispensed with.... However, an emergency which will warrant dispensing with advertising for competitive bids must be present, immediate and existing, and not a condition which may or may not be foreseen in time to advertise for bids. The officers of the municipality cannot defeat the provisions of a statute requiring competitive bidding by declaring an emergency where none exists." McQuillin, Municipal Corporations, Volume 10, Section 29.38, page 324.
b. Monopoly or Sole Source. If it is known in advance that advertising for bids would result in only one bid, the City need not comply with the bidding requirements, as long as the City Council waives such requirements in a resolution declaring that the purchase is clearly and legitimately limited to a single source or supply within the near vicinity or that the purchase is subject to special market conditions. The resolution must recite the facts explaining why the situation exists. [RCW 35.23.352(9)]
4.0 DEFINITIONS:
4.1 Public Work includes "all work, construction, alteration, repair or improvement other than ordinary maintenance." [Reference RCW 39.04.010].
4.2 Repair means to restore by replacing a part or putting together what is torn or broken or to fix. [Webster's 7th New Collegiate Dictionary]
4.3 Maintenance means the upkeep of property or equipment or the act of preserving from failure or decline. [Webster's 7th New Collegiate Dictionary]
5.0 PROCEDURES:
5.1 Develop the scope of work including necessary plans, specs or project manual and estimates for the project.
5.2 PROJECT MANUAL CONTENTS:
a. Outside Cover
b. Notice of Award [After project awarded and prior to signatures]
c. Addendum to project manual after advertisement but prior to bid opening
d. Cover page: Project name, file number, city address, etc., seal of City Engineer, prepared, checked and approved boxes.
e. Table of Contents
f. Vicinity map
g. Advertisement for Bids
h. Information for bidders and checklist
i. Non-Collusion Affidavit [insert awarded bidder materials]
j. Bidder's Construction Experience [insert awarded bidder materials]
k. Proposal [insert awarded bidder materials]
l. Bid Bond [insert awarded bidder materials]
m. Contract [insert appropriate language for signing]
n. Performance and Payment Bond [insert awarded bidder materials]
o. Certificate of Insurance [insert awarded bidder materials]
p. List of Sub-Contractors to be used [insert awarded bidder materials]
q. Amendments to Standard Specifications
r. Special Provisions
s. Standard Details or drawings
t. Prevailing Wage Rates from Dept. of Labor and Industries
u. Copy of Resolution No. 7-91 on construction change order procedures.
5.3 Publish notice of advertisement for bids twice in city official newspaper, the first ad at least thirteen days prior to the date upon which bids will be received, which is usually the date set for opening the bids. It may also be in the best interest of the City to publish the advertisement for bids in the Daily Journal of Commerce.
5.4 Set bid opening date and time and location which is normally on the Tuesday the week prior to City council meeting, at 2:30 pm, in the City Council Chambers. Council Chambers needs to be reserved for the bid opening.
5.5 Consult the MWBE directory document. Direct mail as appropriate to any (up to 6) MWBE contractors and document the mailing.
5.6 Open bids and read aloud to public the bids received.
5.7 Review all bids for compliance with the project manual requirements specific to each project. Correct all math errors and prepare spreadsheet on all bids.
5.8 When the project has grant funds, check with HUD for debarred list of contractors and subs, as appropriate, and document the review.
5.9 Check references of low bidder, as necessary.
5.10 Send memo to City Council recommending award.
5.11 City Council award bid.
5.12 Send Notice of Award to awarded contractor with three copies of the contract forms for signing, the performance bond form and escrow agreement.
5.12.1 Send Notice of Award to Department of Labor and Industries using their form, in forms drawer
5.12.2 Send Notice of Award to Department of Revenue using our PW-407_22 form
5.13 Send thank you, bid tabulations and return bid bonds to unsuccessful bidders. Retain the lowest three bidders bid bonds until the contract is signed with the apparant low bidder.
5.14 Contractor returns three originally signed contracts, performance bond, insurance and signed copy of Notice of Award.
5.15 Assemble all project manual documents after submitted by contractor and make three original conformed copies.
5.16 City Attorney review project manual.
5.17 Mayor sign contract
5.18 Distribute conformed copies with original contracts as follows:
* No. 1 Public Works file
* No. 2 City Clerk
* No. 3 Contractor (includes original bid bond back to contractor)
5.19 Send Notice to Proceed to contractor after all documents are signed.
6.0 APPENDIX:
PROJECT MANUAL FORMS
a. Outside Cover PW-407_01 [11/95]
b. Notice of Award Transmittal Letter PW-407_02A [11/95]
Notice of Award PW-407_02B [11/95]
c. Addendum to Project Manual Bid Documents PW-407_03 [11/95]
d. Inside cover page PW-407_04 [11/95]
e. Table of Contents PW-407_05 [11/95]
f. Advertisement for Bids PW-407_06 [11/95]
g. Information for bidders and checklist PW-407_07 [11/95]
h. Non-Collusion Affidavit PW-407_08 [11/95]
i. Bidder's Construction Experience PW-407_09 [11/95]
j. Proposal - first page PW-407_10A [11/95]
Proposal - middle page PW-407_10B [11/95]
Proposal - final page with signatures PW-407_10C [11/95]
k. Bid Bond PW-407_11 [11/95]
l. Contract PW-407_12 [11/95]
m. Performance and Payment Bond PW-407_13 [11/95]
n. List of Sub-Contractors to be used PW-407_14 [11/95]
OTHER FORMS
a. Planholders List PW-407_15 [11/95]
b. Bid Tabulation Sheet PW-407_16 [11/95]
c. Escrow agreement for retainage PW-407_17 [11/95]
d. Notice to Proceed PW-407_18 [11/95]
e. Letter to other bidders after award made by Council PW-407_19 [11/95]
f. Memo to City Council recommending award PW-407_20 [11/95]
g. Return mailing lables (print on sticky lables) PW-407_21 [11/95]
h. Notice of Award to Department of Revenue PW-407_22 [11/95]
i. Non-Collusion Declaration for WSDOT projects only PW-407_23 [11/95]