1774473889965-edcc798e-814909_1773960688.pdf

mailto:sralston@lrsarchitects.com https://clark.wa.gov/internal-services/bids

INVITATION to BID #2816

TABLE of CONTENTS

Part I - Invitation to Bid

Part II - Instruction to Bidders

Part III - General Terms and Conditions

Part IV - Special Provisions

Part V - Performance Requirements

Part VI - Specifications

Part VII - Bid Tabulation

PART II - INSTRUCTIONS TO BIDDERS

1. Clark County (WA) contracts with the Municipal Research and Service Center (MRSC) to maintain our

Consultant, Small Works and Vendor Rosters. To be eligible to participate in this Clark County public solicitation and the resulting contract your business must be registered with the MRSC Rosters. Failure to register may result in your bid being marked non-responsive. Be sure to select Clark County in your application. If you have questions about the registration process, contact the MRSC Rosters at 206- 436-3798 or https://mrscrosters.org/businesses/business-membership/

2. It shall be the responsibility of the bidding firm to submit their bid no later than the date, time and place stated on the front of this ITB. The bidder shall show the title and number, the due date as specified, and the name and address of the bidder on the face of the envelope. Bidders are cautioned that failure to comply may result in non-acceptance of the bid. The Bidder accepts all risks of late delivery of mailed bids or of mis-delivery regardless of fault. Bids properly and timely submitted will be publicly opened.

3. Bids received shall comply with the requirements of all parts of this specification.

4. A bidding firm which discovers omissions, discrepancies, or areas of uncertainty within these specifications should notify Internal Services/Purchasing Department without delay. As necessary, written corrections or addenda to these specifications, will be sent to all known bidding firms.

The County will not be responsible for oral interpretations.

5. Bid responses shall be returned upon the bid tabulation forms provided herein (Part VII). The completed forms shall be in ink or typewritten without alteration or erasure.

6. Each bid must be signed in longhand by a representative of the bidding firm, with the name of the firm and title of signer printed or typed.

7.

8. The Contractor, if awarded the Contract, shall register and enter into a Memorandum of Understanding (MOU) with the Department of Homeland Security E-Verify program before execution of the Contract.

The Contractor shall ensure all Contractor employees and any sub-contractor(s) assigned to perform work under this Agreement are eligible to work in the United States. The Contractor shall provide verification of compliance upon County request. Failure by Contractor to comply with this subsection shall be considered a material breach. (Sole Proprietors must submit a letter stating such.)

9. Bids shall be submitted in sealed envelopes with the information below.

BID NO. 2816 BID FOR: EVENT CENTER ADMINISTRATION BUILDING EXPANSION

This Bid will not be accepted after 1:50 pm TUESDAY, MAY 12, 2026

SUBMIT BIDS TO: Clark County Purchasing – 1300 Franklin St. Suite 650 Vancouver, WA 98666-5000 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmrscrosters.org%2Fbusinesses%2Fbusiness-membership%2F&data=05%7C02%7CKoni.Odell%40clark.wa.gov%7C20577a44b71a4fbdfb5a08dc0c78171b%7C389c6904b0734843a92d4a72a350cf02%7C1%7C0%7C638398957133504130%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=uPhl71Qh7SLhQljh1x8%2F5FGtCTOm7FiDIaFas%2F1v5Jk%3D&reserved=0

PART III - GENERAL TERMS AND CONDITIONS

1. Payments shall be Net 30 upon invoice receipt. Purchase order and contract numbers must be shown on all shipping, billing and correspondence documents.

2. Unless instructed otherwise, taxes, whether State or Federal, shall not be included in the bid prices, but shall be shown as separate line amounts on bid.

A. As a political subdivision of the State of Washington, Clark County is generally exempted from Federal Taxes, including, but not limited to, excise and transportation taxes.

B. The Washington State tax must be added as a separate item to all bids and invoices.

3. As a political subdivision of the State of Washington, Clark County is specifically exempted by law from all fair-trade prices or practices and shall neither recognize nor honor any prices bid to it as such.

Identical or substantially similar bids may result in a reevaluation or rejection of all bids pursuant to these practices.

4. The selected firm shall protect Clark County against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchase, installation, or use of the goods and materials purchased herein. The selected firm shall assume all expenses and damages arising from such claims, suits, or proceedings.

5. Prior to acceptance all supplies or workmanship may be subject to inspection and test by Clark County.

In case of defective material, poor workmanship, or non-conformity to the specification, Clark County reserves the right either to reject with or without instructions as to disposition, or to require correction or replacement.

6. The selected firm shall not discriminate against any employee or sub-contractor because of race, creed, color, national origin, sex, or age. Any vendor who is in violation of this clause shall be barred forthwith from receiving awards of any purchase order or contract from Clark County. Clark County encourages the use of apprenticeship programs, individual supported employment, as well as group supported employment.

7. Cancellation of contract may be made upon thirty (30) days written notice, giving due cause for cancellation. Clark County reserves the right to initiate immediate cancellation upon non-compliance with specifications, service, or supply requirements.

PART III - GENERAL TERMS AND CONDITIONS CONTINUED BID NO. 2816

GENERAL CONDITIONS OF THE CONTRACT - INDEX

Article 1. Definitions Article 2. Execution, Correlation and Intent of Documents Article 3. Detail Drawings and Instructions Article 4. Copies Furnished Article 5. Shop Drawings Article 6. Drawings and Specifications on the Work Article 7. Ownership of Drawings and Models Article 8. Samples Article 9. Royalties and Patents Article 10. Permits, Laws, and Regulations Article 11. Protection of Work and Property and Builder's Risk Insurance Article 12. Access to Work Article 13. Superintendence: Supervision and Employees Article 14. Changes in the Work Article 15. Claims for Extra Cost Article 16. Deductions for Uncorrected Work Article 17. Delays and Extension of Time Article 18. Correction of Work Before Final Payment Article 19. Guarantee of Work Article 20. Owner's Right to Do Work Article 21. Owner's Right to Terminate Contract Article 22. The Contractor's Right to Stop Work or Terminate Contract Article 23. Application for Payments Article 24. Payments Article 25. Payments Withheld Article 26. Hold Harmless Clause Article 27. Contractors' Liability Insurance Article 28. Insurance during Guarantee Period Article 29. Public Works Bond Article 30. Damages Article 31. Damages for Failure to Achieve Timely Completion Article 32. Assignment Article 33. Mutual Responsibility of Contractors

Article 34. Separate Contracts Article 35. Subcontracts Article 36. Relations of Contractor and Subcontractor Article 37. Architect's Status Article 38. Architect’s Decisions Article 39. Cash Allowances Article 40. Use of Premises Article 41. Cutting, Patching Article 42. Cleaning Up

Article 43. Eight Hour Law ……………………………………………………………………………….15 Article 44. Compliance With Public Works, Wage Rates, Fringe Benefits, etc., Required--

Contractor to File Affidavit of Wage Rates Article 45. Prior Occupation Article 46. List of Materials Article 47. Taxes Article 48. Non-Discrimination Article 49. Watchman Article 50. Storage and Handling of Materials Article 51. Equal Products Article 52. Unit Prices Article 53. Employment Verification

9.0 Contractors – Hazard Communication Requirements

Appendic C Hazard Communication Program Notice to Contractors Subcontractor List

Prime Contractor Subcontractor List for Plumbing, Electrical, HVAC …………………………………...22 Prime Contractor Subcontractor List for Structural Steel

GENERAL CONDITIONS OF THE CONTRACT

Article 1. Definitions A. The Contract Documents consist of the Advertisement for Bid, Addenda, Bonds, Contract, Proposal, General Conditions, Special Conditions, Drawings, and Specifications, including all modifications thereof incorporated in the documents before their execution.

B. Where the word “Architect” appears herein it shall mean Architect and/or Engineer.

C. The Owner, the Contractor and the Architect are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender.

D. The term Subcontractor, as employed herein, includes only those having a direct contract with the

Contractor and it includes one who furnishes the material worked to a special design according to the plans or specifications of this work but does not include one who merely furnishes materials not so worked.

E. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address know to him who gives the notice.

F. The term "work" includes labor, materials, equipment or any combination thereof.

G. All time limits stated in the Contract Documents are of the essence of the Contract.

H. Where the words "approved" or "for approval" are used, they shall mean "approved by the Owner, by and through the Architect," and "for the Owner's approval, by and through the Architect."

I. This contract shall be construed for all purposes as a contract entered into pursuant to the laws of the

State of Washington.

J. The term "furnish" shall mean deliver to the job site.

K. The term "install" shall mean entered permanently into project.

L. The term "provide" shall mean to furnish and install.

M. The date of "final acceptance" shall mean the date of formal action by the Owner accepting the work.

Article 2. Execution, Correlation and Intent of Documents The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards.

Article 3. Detail Drawings and Instructions The Architect shall furnish with reasonable promptness, additional instructions by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable there from.

The work shall be executed in conformity therewith and the Contractor shall do no work without proper drawings and instructions.

Immediately after being awarded the contract the Contractor shall prepare an estimated Progress Schedule and submit same for Architect's approval. It shall indicate the dates for the starting and completion of the various stages of construction.

Where the word "similar" occurs on the drawings, it shall be used in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection to other parts of the work.

Where on any drawing a portion of the work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply also to other like portions of the work. Where ornament or other detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs and shall apply to all other similar parts of the work, unless otherwise indicated.

Article 4. Copies Furnished Unless otherwise provided in the Contract Documents the Architect will furnish to the Contractor free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work.

Article 5. Shop Drawings The Contractor shall check and verify all field measurements and shall submit with such promptness as to cause no delay in his own work or in that of any other Contractor, three copies, checked and approved by him, of all shop or setting drawings and schedules required for the work of the various trades. The Architect shall check and approve with reasonable promptness, such schedules and drawings only for conformance with the design concept of the Project and compliance with the information given in Contract Documents. The Contractor shall make any corrections required by the Architect, file with him two corrected copies and furnish such other copies as may be needed. The Architect's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Architect's attention to such deviations at the time of submission, and secured his written approval, nor shall it relieve him from responsibility for errors in shop drawings or schedules.

Article 6. Drawings and Specifications on the Work The Contractor shall keep one copy of all drawings and specifications on the work, in good order, available to the Architect and to his representatives.

Article 7. Ownership of Drawings and Models The drawings, models, specifications, and copies thereof, furnished by the Architect, are the property of the Owner and are not to be used on other work.

Article 8. Samples The Contractor shall furnish for approval, samples as directed by the Architect, and when the Architect has approved such samples, the work shall be in accordance therewith.

Article 9. Royalties and Patents The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has information that the process or article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect or Owner.

Article 10. Permits, Laws, and Regulations All permits and licenses necessary for the prosecution of the work, including building permits, shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified.

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Architect in writing and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Architect, he shall bear all costs arising there from.

Article 11. Protection of Work and Property and Builder's Risk Insurance The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. The entire work of the Contractor shall be at the sole risk of the Contractor until the same shall be finally completed and accepted by the Owner and any loss or damage from any cause shall be promptly repaired, replaced, or rebuilt by the Contractor. The Contractor may, at his option, elect to secure Fire, Extended Coverage and Vandalism insurance or All Risk insurance to cover the work of the Contractor during the course of construction.

He shall adequately protect adjacent property as provided by law and the Contract Documents. This Contractor is to be responsible for all damage to existing property including lawns, shrubs, trees, roads and sidewalks arising from the acts of the Contractor in the performance of the Contract. He is to return the premises to their original conditions at the start of the job replacing damaged property as required.

The Contractor shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes, elevator hatchways, scaffolding, window openings, stairways and falling materials.

The work shall be done under a program which shall have the approval of the Architect, and it must be such as will cause a minimum of interruption of vehicular traffic or inconvenience to pedestrians. All arrangements to care for such traffic shall be the Contractor's responsibility. All work shall be carried on with due regard for the safety of the public generally. Open trenches shall be provided with barricades of a type that can be seen at a reasonable distance, and at night. All expenses involved in the maintenance of traffic by ways of detours, bridges, etc., shall be borne by the Contractor and the amount thereof shall be absorbed in his bid.

In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization from the Architect or Owner, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal, if so authorized or instructed.

Any compensation claimed by the Contractor on account of emergency work shall be determined by agreement or arbitration.

Article 12. Access to Work The Architect and his representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide facilities for such access and so that the Architect may perform his functions under the Contract Documents.

If the specifications, the Architect's instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the Contractor shall give the Architect timely notice of its readiness for observation by the Architect or inspection by another authority, and if the inspection is by an authority other than the Architect, of the date fixed for such inspection, required certificates of inspection being secured by the

Contractor. Observations by the Architect shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the Architect, it must, if required by the Architect, be uncovered for examination at the Contractor's expense.

Re-examination of questioned work may be ordered by the Architect and if so ordered the work must be uncovered by the Contractor. If such work be found in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract Documents the Contractor shall pay such cost unless it be found that the defect in the work was caused by a Contractor employed as provided in Article 33, in that event the Owner shall pay such cost.

Article 13. Superintendence: Supervision and Employees The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Architect. The superintendent shall not be changed except with the consent of the Architect, unless the superintendent proves to be unsatisfactory to the Contractor or ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as is given to the Contractor. Important directions shall be confirmed in writing to the Contractor.

Other directions shall be so confirmed on written request in each case. The Architect shall not be responsible for the acts or omissions of the superintendents or his assistants.

The Contractor shall give efficient supervision to the work, using his best skill and attention. He shall carefully study and compare all drawings, specifications and other instructions and shall at once report to the Architect any errors, inconsistency or omission which he may discover but he shall not be liable to the Owner for any damage resulting from any errors or deficiencies in the contract documents or other instructions by the Architect.

The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him.

Article 14. Changes in the Work The Owner, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract Sum being adjusted accordingly. All such work shall be executed under the conditions of the original contract except that any claim for extension of the time caused thereby shall be adjusted at the time of ordering such change.

Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect of such conditions before they are disturbed. The Architect will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided herein.

In giving instructions, the Architect shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the building, but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order from the Owner signed or countersigned by the Architect, or a written order from the Architect stating that the Owner has authorized the extra work or change, and no claim for an addition to the contract sum shall be valid unless so ordered.

No change in the work, covered by the approved contract documents, shall be made without having prior written approval of the Owner. Charges for the work covered by an approved change shall be submitted by the Contractor on an approved breakdown sheet and shall be determined in the following manner:

A. Additive Changes:

1. Direct labor costs, including foreman that are specifically attributable to the change.

2. Direct cost of additional materials that are specifically attributable to the change.

3. The ownership or rental cost of construction plant and equipment that is specifically attributable to the change.

4. Insurance costs, on to the extent specifically attributable to the change.

5. Social Security, Old Age and Unemployment Contributions, Industrial Insurance and other direct contributions to labor as fringe benefits, only to the extent specifically attributable to the change.

6. Plus 15% of the total of items (1) through (5) above.

B. Deductive Changes:

1. Items (1) through (6) above.

Article 15. Claims for Extra Cost If the Contractor claims that any instructions by drawings or otherwise involves extra cost under this Contract, he shall give the Architect and the Owner written notice thereof promptly after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made.

Article 16. Deductions for Uncorrected Work If the Architect and Owner deem it inexpedient to correct work not done in accordance with the Contract, an equitable deduction from the contract price shall be made, therefore.

Article 17. Delays and Extension of Time If the Contractor is delayed at any time in the progress of the work by any act of neglect of the Owner or the Architect, or of any employee of either, by any separate Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties, or by delay authorized by the Architect pending arbitration, or by any cause which the Architect shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Architect may decide.

No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the Architect. In the case of a continuing cause of delay, only one claim is necessary.

If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until two weeks after demand for such drawings and not then unless such claim is reasonable.

Article 18. Correction of Work Before Final Payment The Contractor shall promptly remove from the premises all work condemned by the Architect as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

If the Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the Owner may remove it and may store the material at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten days' time thereafter, the Owner may, upon ten days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor.

Article 19. Guarantee of Work Neither the final acceptance by the Owner, final Certificate of the Architect, nor final payment by the Owner, shall be a waiver by the Owner of defects in either materials or workmanship in any part of the Contractor's work which are discovered within one year from its final acceptance. The Owner shall give notice of observed defects with reasonable promptness and the Contractor shall correct the defects with reasonable promptness. The

Contractor shall save the Owner harmless from any and all damages and expenses suffered or incurred by reasons of any such defects, and he shall repair such defects.

If the Contractor and Owner mutually agree in writing to occupancy, use or operation by the Owner prior to final acceptance of the work of the contract, the date of such occupancy, use or operation shall determine the date the guarantee period starts, for that portion of the project so occupied, used or operated by the Owner.

Article 20. Owner's Right to Do Work If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Architect shall approve both such action and the amount changed to the Contractor.

Article 21. Owner's Right to Terminate Contract If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances of the instructions of the Architect, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon the certificate of the Architect that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor, and his surety if any, seven days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work including compensation for additional architectural, managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Architect.

This Contract, pursuant to Chapter 49.28 RCW (relating to hours of labor), may be canceled by the Officers or Agents of the Owner authorized to contract for or supervise the execution of such work in case such work is not performed in accordance with the policy of the State of Washington.

Article 22. The Contractor's Right to Stop Work or Terminate Contract If the work should be stopped under an order of any court, or other public authority, for a period of thirty days, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon seven days' written notice to the Owner and the Architect, terminate this contract and recover from the Owner payment for all work executed and any proven loss sustained.

Should the Architect wrongfully fail to issue any Certificate of Payment, through no fault of the Contractor, within seven days after the Contractor's request for payment, then the Contractor may, upon seven days' written notice to the Owner, stop the work until such Certificate is issued.

Should the Owner fail to pay to the Contractor, within the payment period provided for in Article 24 below, any sum certified by the Architect or awarded by the arbitrators, then the Contractor may, upon seven days' written notice to the Owner and the Architect, stop the work or terminate the Contract as set out in the first paragraph of this article.

Article 23. Application for Payments On or about the first day of each month, the Contractor shall submit to the Architect an application for payment.

Application shall be on forms furnished by the Owner and shall be accompanied by such other certificates and forms as may be required by the Owner.

Before the application for first payment is made, the Contractor must furnish to the Architect a detailed schedule of the various parts of the work and their values and quantities on which his proposal of the work is based, the overhead and profit for each item or items to be included in the value given for same, so the sum of all items of the said schedule shall total the amount of the signed contract. This schedule must be made out in such form and supported by such evidence as to correctness as the Architect may direct. The application for payment shall include the value of material and labor itemized as submitted in the schedule and incorporated in the work.

Such application may also include the cost of material suitably stored on the site.

No application for payment will be considered until the schedule above-named has been submitted.

Article 24. Payments Within thirty calendar days after receipt of each application for payment, duly certified by the Architect, the Owner will make partial payment to the Contractor, but the Owner shall retain a sum equal to 5% of each estimate as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material-man who shall perform any labor upon this contract or work there under, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work and the State with respect to taxes imposed pursuant to RCW Title 82 which may be due from such Contractor.

In accordance with the provisions of Chapter 60.28 RCW, said trust fund shall be retained for a period of thirty

(30) days following the final acceptance of the completed work covered by the contract, and every person performing labor or furnishing supplies toward the completion of said work shall have a lien upon said fund provided proper notice of the lien be given as required by law. After the expiration of the thirty day period, and after receipt of a clearance by the Tax Commission and Department of Labor and Industries, the reserve in excess of a sum sufficient to discharge the taxes certified as due or to become due by the Tax Commission, the Department of Labor and Industries and the claims of material men and laborers who have filed their claims, together with a sum sufficient to defray the cost of foreclosing the liens of such claims, and to pay attorneys' fees, shall be paid to the Contractor: provided however, that the Owner, at any time after fifty percent (50%) of the original contract work has been completed, if it finds that satisfactory progress is being made, may make any of the partial payments subsequently made in full. The provisions of the Article shall supersede any other conflicting provisions. (See RCW Chapter 60.28 as last amended.)

No Certificate given or payment made, shall be evidence of the performance of the contract, either wholly or in part, against the claim of the Owner to the contrary, and no payment shall be construed to be an acceptance of any defective work which may before or afterwards appear.

Article 25. Payments Withheld The Architect may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certification for payment to such extent as may be necessary in his opinion to protect the Owner from loss or damage including but not limited to:

A. Defective work not remedied.

B. A reasonable doubt that the contract can be completed for the balance then unpaid. When the grounds are removed, payment shall be made for amounts withheld because of them.

Article 26. Hold Harmless Clause The Contractor shall protect, indemnify, and save the Owner harmless from and against any damage, cost, or liability for injury or death to persons or to damage or destruction of property, arising from the acts of the Contractor, his employees or subcontractors in the performance of the contract.

Article 27. Contractors' Liability Insurance A. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against County, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against County and shall require similar written express waivers and insurance clauses from each of its subcontractors.

B. No Prime Contractor shall commence work under this contract until he has obtained all the insurance required hereunder, and such insurance has been approved by the Owner, nor, shall the Contractor allow any subcontractor to commence work on a subcontract until such subcontractor has obtained insurance similar to that required hereunder for the Contractor Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. Companies writing the insurance under this article shall be licensed to do business in the State of Washington or be permitted to do business under the Surplus Line Law of the State of Washington. Contractor shall include all costs for insurance in the bid.

C. Commercial General Liability (CGL) Insurance: The firm shall carry and show proof of Commercial

General Liability (CGL) during the term of the contract. The minimum requirements are a $1,000,000 limit of liability for Bodily Injury and $1,000,000 limit of liability for Property Damage and a $2,000,000 Aggregate Limit. All policies must have a Best’s Rating of A-VII or better. Proof of insurance shall be provided prior to the starting of the contract performance. Proof will be on an ACORD Certificate of Liability Insurance, which the bidder shall provide to Clark County. Each certificate will show the coverage, deductible and policy period. It is the bidder’s responsibility to provide evidence of continuing coverage during the overlap periods of the policy and the contract.

D. Umbrella Liability Coverage: Umbrella Coverage in the amount of $1,000,000 shall be provided and will apply over all liability policies without exception, including Commercial General Liability and Automobile Liability.

E. Workmen's Compensation, Stop-Gap and Employer's Liability Insurance: The Contractor shall comply with the Washington State Industrial Insurance Act, the Federal Longshoremen's and Harbor Workers' Act, and the Jones Act (Maritime Employers' Liability Insurance). The Contractor shall purchase and maintain during the life of this contract "stop-gap" insurance for all of his employees to be engaged in work on this project under this contract. In case any such work is sublet, the Contractor shall require the subcontractor to provide the same insurance coverage for all of the latter's employees to be engaged in such work. In case any class of employees, engaged in hazardous work under this contract at the site of the project is not protected under the above Washington State Industrial Insurance Act, the Federal Longshoremen's and Harbor Workers' Act, and the Jones Act (Maritime Employer's Liability Insurance), or "stop-gap" insurance, the Contractor shall provide and shall cause each subcontractor to provide compensation insurance and employer's liability insurance including, but not limited to, Federal Longshoremen's and Harbor Workers' compensation insurance, the Jones Act (Maritime Employer's Liability Insurance) with a private insurance company.

F. Underground, Collapse, and Blasting: The following clause shall be included in the coverage for which certificate is furnished:

Injury to or destruction of property caused by the collapse or structural injury to any building or structure due to:

1. Excavation, pile driving, or caisson work or

2. Moving, shoring, underpinning, raising, or demolition of any building or structure or removal or rebuilding of any structural support and damage due to any blasting operations and damage to any underground utilities in the performance of the work.

G. Commercial Automobile Insurance: Contractor shall also obtain, at contractors’ expense, and keep in effect during the term of the contract, Symbol 1" Commercial Automobile Liability Coverage including coverage for all owned, hired, and non-owned vehicles. The coverage shall be a minimum of $1,000,000

CSL.

H. Additional Insured Provision: Clark County, Washington, its officers, directors, and employees shall be added as additional insured with respects to this contract. Liability Insurance policies will be endorsed to show this additional coverage. It shall also show the name and location of the project.

I. Notice of Cancellation: There shall be no cancellation, material change, or exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to Clark County. This provision shall be physically endorsed onto the policy.

J. Insurance Carrier Rating: Coverage provided by the contractor must be underwritten by an insurance company deemed acceptable by Clark County. The county reserves the right to reject all or any insurance carrier(s) with an unacceptable rating.

K. Certificate of Insurance: As evidence of the insurance coverage required by this contract, the contractor shall furnish a Certificate of Insurance to the county. No contract shall be affected, until the required certificates have been received and approved by the county. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the county 10 days prior to any expiration of coverage’s during the contract period.

L. Primary Coverage and Non-Contributory Clarification: All parties to this contract hereby agree that the contractor’s coverage will be primary in the event of any loss.

M. Per Project Aggregate: Endorsement, which provides that the aggregate limit of liability applies separately to each construction project undertaken by the Contractor.

Article 28. Insurance during Guarantee Period In the event the Contractor is required to make corrections on the premises after the project has been inspected and accepted, he shall obtain at his own expense, and prior to commencement of any corrective work, such insurance coverage as is required by Article 27 and which shall be carried only during period corrective operations are being performed.

Article 29. Public Works Bonds The Contractor shall execute and deliver to the Owner 100% Performance and Payment Bonds from an approved surety company, as surety in the sum of the full amount of the contract price, in compliance with Sections 39.08.010 to 39.08.060 Revised Codes of Washington, and any amendments thereto.

Article 30. Damages Should either party to this Contract suffer damages because of any wrongful act or neglect of the other party or of wrongful act or neglect of the other part or of anyone employed by him, claim shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration.

Article 31. Damages for Failure to Achieve Timely Completion Liquidated Damages: Timely performance and completion of the Work is essential to Owner and time limits stated in the Contract Documents are of the essence. The liquidated damage amount of $1,500 per day set forth will be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fixed and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. This amount shall be construed as the actual amount of damages sustained by the Owner, and may be retained by the Owner and deducted from any payments to the Contractor.

If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed.

Article 32. Assignment Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner, except to a bank or lending institution authorized to do business in the State of Washington.

Article 33. Mutual Responsibility of Contractors Should any separate Contractor on the work make claim against the Owner which arises as a result of any wrongful act, omission or failure to perform on the part of the Contractor, the Contractor agrees upon due notice to defend the Owner thereon, including submitting such claim to arbitration if demanded, and to pay all costs on account thereof, including but not limited to an arbitration award or court judgment, provided, however, that the Contractor shall be reimbursed by the Owner of all his costs and expenses in the event it is ultimately determined that the Contractor is not responsible for payment of such claim of any separate Contractor.

Should the Contractor on the work make claim against the Owner which arises as a result of any wrongful act, omission or failure to perform on the part of a separate Contractor, the Contractor agrees to arbitrate such claim with such separate Contractor if arbitration is demanded, and in the event the Contractor shall bring any arbitration proceedings or other action against the Owner, the Contractor agrees to reimburse the Owner for all costs and expenses incurred in the defense of such action in the event it is determined that the Contractor is not entitled to recover upon such claim.

Article 34. Separate Contracts The Owner reserves the right to let other contracts in connection with this work under similar General Conditions. The Contractor shall afford other contractors’ reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs.

If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Architect any defects in such work that render it unsuitable for such proper execution and results. His failure so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work.

To ensure the proper execution of his subsequent work the Contractor shall measure work already in place and shall at once report to the Architect any discrepancy between the executed work and the drawings.

Article 35. Subcontracts As soon as practicable and before awarding any subcontracts, the Contractor shall notify the Architect in writing of the names of the subcontractors proposed for the principal parts of the work, and for such other parts as the Architect may direct, and shall not employ any to whom the Architect or the Owner may have a reasonable objection.

If before or after the execution of the Contract a change of any subcontractor on such list is required by the Architect or by the Owner prior to the award of the relevant contract, the Contract Sum shall be increased or decreased by the difference in cost occasioned by such change.

The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him.

Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner.

Article 36. Relations of Contractor and Subcontractor The Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Contract Documents as far as applicable to his work, including the following provisions of this article, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner or Architect.

The Subcontractor agrees:

A. To be bound to the Contractor by the terms of the Contract Documents and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the Owner.

B. To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment under Article 23 of the General Conditions.

C. To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the

Contractor in the manner provided in the General Conditions of the Contract and the Special Conditions for like claims by the Contractor upon the Owner, except that the time for making claims for extra cost is one week.

The Contractor agrees:

A. To be bound to the Subcontractor by all the obligations that the Owner assumes to the Contractor under the

Contract Documents and by all the provisions thereof affording remedies and redress to the Contractor from the Owner.

B. To pay the Subcontractor, upon receipt of payment in accordance with Articles 23 and 24, the amount allowed to the Contractor on account of the Subcontractor's work to the extent of the Subcontractor's interest therein.

C. To pay the Subcontractor, upon the payment of certificates, if issued otherwise than is in (e) so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the Contractor is to the value of the work done by him.

D. To pay the Subcontractor to such extent as may be provided by the Contract Documents or the subcontract, if either of these provides for earlier or larger payments than the above.

E. To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the subcontract.

F. That no claim for services rendered or materials furnished by the Contractor to the Subcontractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor…