26-49 2026 Building Repairs BID Documents.pdf

PROPOSAL AND CONTRACT

DOCUMENTS

FOR

2026 Building Repairs

August 2026

Port Project 26-49

Port of Vancouver Bid 26-49

Invitation to Bid

INDEX

The documents listed below are hereby incorporated by reference into the contract that will result from this solicitation.

PAGE

A. INVITATION TO BID ................................................................................................ A-1

B. BID DOCUMENTS

Bid Submittal Form .................................................................................................. B-1

General Instructions to Bidders ................................................................................ B-2 Bid Bond Form ......................................................................................................... B-6

List of Mechanical Subcontractors ........................................................................... B-7 Safety Affidavit……………………………………………………………………………...B-8 Proposal for Incorporating Recycled Materials into the Project……………………….B-9 Proposal….. ............................................................................................................ B-10

C. CONTRACT DOCUMENTS

Contract .................................................................................................................. C-1

Payment Bond ........................................................................................................ C-5 Performance Bond .................................................................................................. C-7

D. PREVAILING MINIMUM HOURLY WAGE RATES

Washington State Prevailing Wage Rates – Clark County

E. GENERAL CONDITIONS FOR FACILITY CONSTRUCTION .................................. E-1

F. TECHNICAL SPECIFICATIONS …………………………………………………….….. F-1

ENCLOSURES:

Plans Appendix A – Limited Pre-Renovation Lead Paint Survey Report Appendix B – Limited Pre-Renovation Hazardous Building Materials Survey Report

Invitation to Bid A-1

PORT OF VANCOUVER USA

INVITATION TO BID

Notice is hereby given that the Port of Vancouver, Washington, will receive sealed bids up to the hour of 2:00 PM., Pacific Local Time, Thursday, August 27, 2026, and publicly open and read aloud at that time on the same day at 3103 NW Lower River Road, Vancouver, Washington, for the following:

This Contract provides for the renewal of exterior paint on Buildings 2851, 2901, and 2707, located on NW Lower River Road. The Work also includes the removal and replacement of damaged exterior siding at Building 2901, as well as interior siding demolition. All work shall be performed in accordance with the attached Contract Plans, these Contract Provisions, and the current General Conditions for Facility Construction.

A non-mandatory pre-bid meeting and site visit will be held Tuesday, August 18, 2026, at 2:00 PM, 3103 NW Lower River Road, Vancouver, WA 98660.

Individuals attending the non-mandatory pre-bid meeting and site visit will be required to furnish and utilize safety equipment to include reflective clothing (or vest) and sturdy shoes.

Questions must be submitted via the Port of Vancouver ProcureWare system no later than Thursday, August 20, 2026, at 2:00 PM.

The Work shall achieve Substantial Completion within 50 working days from issuance of Notice to Proceed.

Plans, specifications, bid documents, addenda and plan holder list for this project are available online through the Port of Vancouver’s “ProcureWare” website through the following URL:

https://www.portvanusa.com/business-opportunities/projects-contracts/. Please register your company on the “ProcureWare System” to download solicitation documents. All registered firms that download solicitation documents will automatically be listed as a plan holder. If you obtain this Bid from a source other than the Port of Vancouver’s ProcureWare system, you will not be on record as a plan holder. It is the bidder’s responsibility to ensure the firm has received a complete solicitation package found at ProcureWare. Non-registered firms on the Port’s ProcureWare system will not be able to download solicitation documents.

It is the sole responsibility of the Bidder to learn of Addenda, if any. Such information may be obtained from the ProcureWare System through the port’s website, https://www.portvanusa.com/business-opportunities/projects-contracts/.The Port of Vancouver accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and submit inadequate or incorrect responses.

Bids shall be in accordance with the specifications and other contract documents which are on file at the Port of Vancouver’s Administrative Offices and available for public viewing. Bid results may be obtained within 24 hours after the bid opening by accessing the ProcureWare System website.

All bids shall be delivered to the Port of Vancouver - Attn: Contracts, 3103 NW Lower River Road, Vancouver, Washington 98660. Bids shall be in a sealed envelope clearly stating the name of the bidder, the date of the bid opening, and appropriate wording to indicate the nature of the contents.

Do not send bids by FAX or E-mail. Bids submitted via FAX or Email will not be accepted.

https://www.portvanusa.com/business-opportunities/projects-contracts/

Invitation to Bid A-2

The Port of Vancouver 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 Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

The Port of Vancouver is committed to providing equal opportunities to State of Washington certified Minority, Disadvantaged and Women's Business Enterprises in contracting activities. (Section 4 of Chapter 56, Laws of 1975, 1st Ex. Sess., State of Washington).

All bid proposals must be accompanied by a bid proposal deposit in cashier's check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the Port of Vancouver.

The Port of Vancouver reserves the right to cancel this invitation or reject any and all bids submitted or to waive any minor formalities of this call if, in the judgment of the Port Commissioners, the best interests of the Port would be served.

No bidder may withdraw his/her bid after the hour set for the opening thereof, unless the award of contract is delayed for a period exceeding sixty (60) calendar days. If it is determined to be in the best interests of the Port, the Port reserves the right to request an extension of bid prices during the review process.

Catherine Scobby Contract Manager

Bid Documents B-1

BID DOCUMENTS

PROPOSAL SUBMITTED BY:

CONTRACTOR

ADDRESS

CITY, STATE, ZIP

TELEPHONE

BID OPENING

2:00 PM

Thursday, August 27, 2026

Attn: Contracts Port of Vancouver USA

3103 NW Lower River Road Vancouver, Washington 98660

Bid Documents B-2

PUBLIC WORKS – FORMAL BID

GENERAL INSTRUCTIONS TO BIDDERS

Bidders shall submit their proposal subject to the following conditions and specifications:

1. Bids will be opened at Port of Vancouver, 3103 NW Lower River Road, at the time and date specified in the "Invitation to Bid."

Bids delivered to locations other than as indicated above or received after the designated time will not be accepted.

2. Proposals are to be submitted to the Port of Vancouver – Attn: Contracts, 3103 NW Lower River

Road, on the forms provided for this purpose.

3. The bid shall be in a sealed envelope clearly stating the name of the bidder, marked "sealed bid", the date of the bid opening and appropriate wording to indicate definitely the nature of the content.

All responses shall be mailed or delivered to the Contracts department as shown on the Invitation to Bid.

4. It is the intent of Owner to award a contract to the lowest responsive and responsible bidder. In accordance with Revised Code of Washington (RCW) 39.04.350, before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required to provide the Port documentation demonstrating compliance with the criteria. The bidder must:

A) Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal;

B) Before award of contract, have a current Washington Unified Business Identifier (UBI) number;

C) Before award of contract, if applicable:

1. Have Industrial Insurance (workers’ compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW;

2. Have a Washington Employment Security Department number, as required in Title

50 RCW;

3. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

4. Have received specified training on the requirements related to public works and prevailing wage under RCW 39.04.350 and chapter 39.12 RCW;

D) At the time of award of contract, not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).

E) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; and

F) Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the department of labor and industries.

G) Within a three-year period immediately preceding the date of this solicitation, the bidder cannot have been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated: 1) wage payment requirements; 2) minimum wage rate payments; and 3) proper wage deductions for http://app.leg.wa.gov/RCW/default.aspx?cite=39.12 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.320 http://apps.leg.wa.gov/rcw/default.aspx?cite=49.04 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.370

Bid Documents B-3 benefits and contributions in accordance with RCW 49.48.082, and any provision of chapter 49.46, 49.48, or 49.52 RCW.

Pursuant to RCW 39.06.020, the bidder who is awarded the contract must verify responsibility criteria in accordance with RCW 39.04.350 and as listed in A) – G) above for each first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility listed in A) – G) above and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW. This verification requirement, as well as the responsibility criteria, must be included in the project contract and in each subcontract of every tier.

The bidder's attention is especially called to the following forms, which must be executed in full as required. This checklist has been prepared and furnished to aid Bidder in including all necessary supporting information with their bid. It is not guaranteed to be complete or accurate, and the responsibility for compliance with all bidding requirements remains with the bidder. Items in bold must be submitted with your bid.

Bid Bond including Power of Attorney for Surety’s Agent to Execute Bond.

The bid bond, or acceptable form is to be executed by the bidder and a surety company licensed to do business in Washington, unless the bid is accompanied by a cashier’s check. No such bid bond will be required where a cashier's check is sub-mitted in lieu of a bond. The amount of the bond or cashier’s check shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. If a surety company form is submitted, please attach the form to the Bid Documents submitted. Failure to comply with this provision will render the bid non-responsive and therefore void.

By signing the signature page of the proposal, the Contractor acknowledges and agrees to the terms and conditions of each of the following forms and all requirements included in the bid documents.

List of Subcontractors

The Contractor must submit the List of Subcontractors form if the estimated cost is $1 million or more. It requires each bidder to submit as part of the bid the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of heating, ventilation and air conditioning, plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW or to name itself for the work. The bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the bidder must indicate which subcontractor will be used for which alternate. The requirement of this section to name the bidder’s proposed heating, ventilation and air conditioning, plumbing, and electrical subcontractors applies only to proposed heating, ventilation and air conditioning, plumbing, and electrical subcontractors who will contract directly with the general contractor submitting the bid to the public entity.

Failure to comply with this requirement shall render the bid non-responsive and therefore, void.

Safety Affidavit The bidder must sign, where indicated on the page of the safety affidavit document prior to the bid opening. Failure to comply with these provisions and submitting the signed affidavit will render the bid non-responsive and therefore void.

Bid Documents B-4

Proposal

Bids shall be completed and submitted on the proposal forms provided.

Acknowledgement of Addenda.

The bidder must sign, where indicated on the last page of the bid documents, acknowledgement of any addenda prior to the bid opening. Failure to comply with this provision will render the bid non-responsive and therefore void.

It is the sole responsibility of the Bidder to learn of Addenda, if any. Such information may be obtained from the ProcureWare System through the port’s website, Projects & Contracts - Port of Vancouver USA. The Port of Vancouver accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and submit inadequate or incorrect responses.

5. The bidder’s attention is especially called to the following items which must be executed in full as required.

a) State Contractors’ License

The bidder and all subcontractors shall be licensed contractors within the State of Washington. The number and expiration date of the bidder's state license shall be noted on the proposal.

b) Prevailing Wage Law/ Lien for Labor, Materials, Taxes on Public Works

If awarded the project, the contractor and each subcontractor shall complete or have on file an approved "Statement of Intent to Pay Prevailing Wages" form before payment will be made for work performed. An approved "Affidavit of Wages Paid" form must be filed upon completion of the project for release of retainage. These forms are available from Washington State Department of Labor & Industries and can be filed electronically at Prevailing Wage Rates.

Pursuant to RCW 39.12.120, a contractor, subcontractor, or employer for a public works project shall file a copy of its certified payroll records using the Department of Labor and Industries' online system at least once per month. The Contractor may be required to submit weekly Certified Payrolls to the Port of Vancouver, Contracts department. For all local funded Port of Vancouver public works projects each contractor shall keep accurate payroll records for three years from the date of project completion. Refer to WAC 296-127-320 Payroll for specific information. A Contractor and all subcontractors shall, within ten days after it receives a written request, as defined by RCW 39.12.010(4) file a certified copy of the payroll records with the Owner. Port personnel may conduct site wage audits of contractor/subcontractor employees.

There will be reserved and retained from monies earned by the Contractor on pay estimates during the progress of the improvements of work, a sum equal to 5 percent of all such pay estimates. Said retained amount shall be held in trust in accordance with the specifications and RCW chapter 60.28. Payment of the retained percentage shall be withheld for a period of 45 days following the final completion and acceptance of all Contract work by the Owner, and shall be paid the Contractor at the expiration of 60 days per RCW chapters 39.12 and 60.28, in the event no claims, as provided by law, have been filed against such funds; and provided further, that accounts are current with and/or releases or certificates have been obtained from the State Department of Labor and Industries and also, for contracts exceeding $35,000, from https://www.portvanusa.com/business-opportunities/projects-contracts/ https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

Bid Documents B-5 the State Department of Revenue and all other departments and agencies having jurisdiction over the activities of the Contractor. In the event such claims are filed, the Contractor shall be paid such retained percentages less an amount sufficient to pay any such claims, together with a sum sufficient to defray the cost of foreclosure action and to cover attorney fees as determined by the Owner.

Every person performing labor or furnishing supplies toward the completion of said improvement of work shall have a lien upon said monies so reserved; provided, that such notice of the lien of such claimant shall be given in the manner provided in RCW

39.08.030 and within the time provided in RCW chapter 60.28 as now existing and in accordance with any amendments that may hereafter be made thereto.

c) Employment Security

The Contractor shall comply with all employment security laws of the State of Washington, and shall timely make all required payments in connection therewith.

6. The following forms are to be executed and delivered by the successful bidder to the Port within ten (10) days after the award date.

a) Contract This agreement is to be executed by the successful bidder.

b) Performance and Payment Bond

These shall be executed by the successful bidder and a surety company, licensed to do business within the State of Washington on the approved Port of Vancouver form.

c) Public Liability and Property Damage Insurance

The Port shall be named as an additional named insured on all insurance policies.

These policies shall comply with the requirements as stated in the General Conditions for Facility Construction, section 1-04.

7. The Port will not be responsible for any errors in proposals. Bidders will not be allowed to alter proposals after the submittal deadline.

8. Bid Award. Once bids have been received and reviewed staff will prepare an action item which will be presented to the Board of Commissioners. Once the Board of Commissioners has formally awarded this contract an award letter will be sent as evidence of the acceptance of the bid. No other act of the Port shall constitute acceptance of a bid.

Bid Documents B-6

BID BOND FORM

CASHIER’S CHECK

Herewith find deposit in the form of a cashier's check in the amount of $ , which amount is not less than five percent (5%) of the total bid.

Signature

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, , as Principal, and , as Surety, are held and firmly bound unto the Port of Vancouver as Obligee in the penal sum of dollars for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety and Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond.

SIGNED, SEALED AND DATED THIS day of , 2026.

Principal

Surety

, 2026.

Received return of deposit in the sum of $ .

Signature

Bid Documents B-7

LIST OF MECHANICAL SUBCONTRACTORS

RCW 39.04.350 CONTRACTOR RESPONSIBILITY:

This requirement applies to all projects that include construction, alteration, or repair of any public building or public work of the State or a state agency or municipality as defined under RCW 39.04.010. It requires each bidder to submit as part of the bid the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of electrical, elevator and plumbing as described in chapter 18.106 RCW for plumbing, chapter 70.87 RCW for elevator work and electrical as described in chapter 19.28 RCW or to name itself for the work. The bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the bidder must indicate which subcontractor will be used for which alternate. The requirement of this section to name the bidder’s proposed, plumbing, elevator and electrical subcontractors applies only to proposed plumbing, elevator and electrical subcontractors who will contract directly with the general contractor submitting the bid to the public entity.

Failure of the bidder to submit as part of the bid the name(s) of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the bidder’s bid non-responsive and, therefore, void.

Prime Contractor Name:

Work to be Performed:

Subcontractor Name:

By signing the signature page of the proposal, the Contractor acknowledges and agrees to the terms and conditions of this form.

Bid Documents B-8

SAFETY AFFIDAVIT

SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA

Pursuant to the Supplemental Bidder Responsibility Criteria stated in the bidding documents, I certify, on behalf of the Bidder and all identified Subcontractors (known at the time of bid), that:

The Bidder or any Subcontractor (known at the time of bid) has:

• Within the three (3) years, prior to the bid submittal date, the Bidder and all identified Subcontractors, at the time of bid, shall not have received three (3) or more Repeat Serious safety citations from the Washington State Department of Labor & Industries or analogous agency in the jurisdiction where the work was performed, regardless of whether such safety violations have been abated or not.

The undersigned certifies the information provided is true and accurate to the best of their knowledge.

The Contracting Agency may verify this information and request additional documentation as needed.

If applicable, explain any extenuating or mitigating circumstances below or attach a separate sheet.

Certification

Contractor: ___________________________________ ________________

Signature of Authorized Official: Date __________

Name of Contractor's Authorized Official: __________________________________

Title of Contractor's Authorized Official: ____________________________________________

Bid Documents B-9

Proposal for Incorporating Recycled Materials into the Project In compliance with a law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications.

Proposed total percentage: _____________________________ percent.

Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie-breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions. Regardless, the Bidder’s stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions.

Bidder:

Signature of Authorized Official:

Date:

Bid Documents B-10

PROPOSAL

To: Board of Commissioners Port of Vancouver Vancouver, Washington

The undersigned hereby certifies that the locations and construction details of work outlined in the Plans and Specifications have been personally examined for:

and has read and thoroughly understands the plans and specifications and contract governing the work included in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work included in this improvement in accordance with said plans, specifications and contract and at the following schedule of rates and prices.

The Port reserves the right to adjust the scope of this work to match available funds.

The Work shall achieve Substantial Completion within 50 working days from issuance of Notice to Proceed.

NOTE: • Show prices in legible figures (not words) written in ink or typed.

• Where conflict occurs unit price shall prevail.

• Your unit price will be considered “$0.00 (zero)” if:

- The unit price is illegible or left blank and a price per unit cannot be determined. When necessary, unit prices will be rounded down to the nearest cent.

• Your bid shall be considered non-responsive and therefore, void if:

- Figures are illegible

- Minimum bid requirements are not met (when applicable)

• Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner.

• Bidder shall not change, add to, or delete items or quantities on the Bid Form.

BASE BID

Item No.

Approx.

Quantity

Items with Unit Price Bid

Unit Price

Total Price

1. 1 LS Mobilization LUMP SUM $

2. 1 LS Building 2851 Exterior Painting LUMP SUM $

3. 1 LS Building 2707 Exterior Painting LUMP SUM $

4. 1 LS Building 2901 Exterior Painting LUMP SUM $

5. 1200 SF Building 2901 Exterior Siding Replacement

Bid Documents B-11

Item No.

Approx.

Quantity

Items with Unit Price Bid

Unit Price

Total Price

6. 1 LS Building 2901 Interior Siding Demolition LUMP SUM $

Subtotal

Washington State Sales Tax 8.9%

Grand Total

The following Addendum/Addenda is/are hereby acknowledged:

Addendum Date of Signed No. Addendum/Addenda Acknowledgment

1.

2.

3.

NOTE: Failure to acknowledge Addenda will render the bid non-responsive and therefore void. If no addenda, please mark “none”.

Bid Documents B-12

The undersigned, under penalty of perjury, hereby certifies that said person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted.

Certification of Compliance With Wage Payment Statues: The bidder hereby certifies under penalty of perjury that, within the three-year period immediately preceding this bid solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or

49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

The undersigned declares that before preparing their bid, they read carefully the specifications and requirements for bidders and that their bid is made with the full knowledge of the kind, quality and quantity of services and equipment to be furnished, and their said bid is as stated on these pages. By signing this page of the bid, the Contractor acknowledges and agrees to the terms and conditions of each of the forms listed in the Proposal and Contract Documents index, attached to these Proposal and Contract documents and incorporated into the contract by reference (the bid bond form must be signed separately).

Authorized Official (Signature) Date

Print Name of Authorized Official Title of Authorized Official

Company Name Telephone Number

Address City, State, Zip Email

State Contractor's License Number, Expiration Date:

Unified Business Identifier (UBI):

Washington State Employment Security

NOTE:

1. If the bidder is a co-partnership, so state, giving firm name under which business is transacted.

2. If the bidder is a corporation, this proposal must be executed by its duly authorized officials.

3. Proposals submitted must be complete and include pricing for the work to be completed, in whole, per the attached plans and specifications.

The bid bond becomes void at the time of award. A bid bond will be returned should the bidder request it in writing subsequent to the award.

Bid Documents C-1

CONTRACT

THIS CONTRACT, effective this day of , 20 _ , is entered into by and between XXX hereinafter referred to as the Contractor, and the Port of Vancouver, a municipal corporation of the State of Washington, hereinafter referred to as the Owner.

1. Contractor's Obligation: The Contractor, for and in consideration of the sum to be paid to it by the Owner in the manner and at the times provided, hereinafter and in the Specifications, and in consideration of the covenants and agreements herein contained, which documents are incorporated into and made a part of this contract, hereby agrees to furnish all materials, labor, tools, machinery and implements of every description necessary for construction and installation of the following improvements:

All work shall be done in accordance with the Contract on file with the Port of Vancouver, and in accordance with such alterations or modifications as may be made by the Owner. The Contractor agrees to do the work and furnish the materials in a most substantial and workmanlike manner and within the time limits stated in the Contract. The Contractor agrees that it will make all necessary arrangements for the obtaining of permits from the United States, State of Washington, any applicable agencies, and any applicable municipalities as may be necessary to do the work required and covered by this Contract.

2. Subcontractor Responsibility: The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier.

At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria:

1. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal;

2. Have a current Washington Unified Business Identifier (UBI) number;

3. If applicable, have:

a. Have Industrial Insurance (workers’ compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW;

b. A Washington Employment Security Department number, as required in Title 50

RCW;

c. A Washington Department of Revenue state excise tax registration 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.

4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or

39.12.065 (3).

A) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.320

Contract C-2 of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; and

B) Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the department of labor and industries.

C) Within a three-year period immediately preceding the date of this solicitation, not have been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated: 1) wage payment requirements; 2) minimum wage rate payments; and 3) proper wage deductions for benefits and contributions in accordance with RCW 49.48.082, and any provision of chapter 49.46, 49.48, or 49.52 RCW.

5. Other requirements as identified in the bid documents.

3. Owner's Obligation: In consideration of the promises and agreements of the Contractor as set forth herein, and in consideration of the faithful performance and furnishing of the work and materials required by this Contract to the satisfaction of the Port of Vancouver Board of Commissioners, the Owner agrees to pay to the Contractor in the manner and at the times provided hereinafter and in the Contract Documents, and in accordance with terms agreed with the Port of Vancouver and the laws of the State of Washington, the following sum as indicated, plus applicable Washington State Sales Tax:

The amount finally to be paid is, however, variable upon the work actually done and final payment will be made upon the basis of the amount of work done and the materials furnished and at the lump sum or unit prices fixed in the Contractor's Proposal or as modified by any or all approved Change Orders.

4. Contractor's Insurance: The Contractor agrees to procure insurance coverage as required by Section 1-04 of the General Conditions for Facility Construction.

5. Contractor's Bond: The Contractor agrees that before it undertakes performance of this Contract, it will file with the Port of Vancouver a Contract Performance Bond and Payment Bond, in the forms prescribed by the Port of Vancouver, in the full amount of the Contract price executed by itself as principal and by a surety company authorized to do business in the State of Washington as surety. The bonds shall comply with the laws of the State of Washington, and especially with the provisions of Revised Code of Washington, Chapter 39.08.

6. Employment of Labor: The Contractor agrees that all persons employed in it and by any of its subcontractors in work done pursuant to this Contract shall not be employed in excess of 8 hours in any one day, except as provided or allowed by law.

7. Payment of Labor: The Contractor agrees that all laborers, workers, or mechanics employed by it or by any subcontractor in the work of this Contract will be paid not less than the prevailing rate of wage for hours work in accordance with the provisions of the contract documents and of the Revised Code of Washington, Chapter 39.12, and all rules and regulations promulgated pursuant thereto. In case any dispute arises as to what the prevailing rates of wages for work of a similar nature are and such dispute cannot be adjusted by the parties involved, the matter shall be referred to the director of the Department of Labor and Industries of the State of Washington for arbitration, and the director's decision therein shall be final and conclusive and binding on all parties involved in the dispute.

http://apps.leg.wa.gov/rcw/default.aspx?cite=49.04 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.370

Contract C-3

Pursuant to RCW 39.12.120, a contractor, subcontractor, or employer for a public works project shall file a copy of its certified payroll records using the Department of Labor and Industries' online system at least once per month. The Contractor may be required to submit weekly Certified Payrolls to the Port of Vancouver, Contracts department. For all local funded Port of Vancouver public works projects each contractor shall keep accurate payroll records for three years from the date of project completion. Refer to WAC 296-127-320 Payroll for specific information.

8. Payment to the Contractor: Payment to the Contractor of the Contract price by the Owner shall be made in checks drawn on the fund provided therefor. Payment shall be in the manner provided below unless another manner has been specified in General Conditions for Facility Construction.

Progress payments to the Contractor shall be made within 30 days of receipt of the signed progress payment request, as approved by the Owner, for work completed during the previous month. There will be reserved and retained from monies earned by the Contractor on estimates during the progress of the improvements of work, a sum equal to 5 percent of all such estimates.

Said retained amount shall be held in trust in accordance with the Specifications and Revised Code of Washington Ch. 60.28.

Payment of the retained percentage shall be withheld for a period of 45 days following the final completion and acceptance of all Contract work by the Owner, including required contract documentation, and shall be paid the Contractor at the expiration of 60 days per RCW 39.12 and RCW 60.28, in the event no claims, as provided by law, have been filed against such funds;

and provided further, that accounts are current with and/or releases or certificates have been obtained from the State Department of Labor and Industries and also, for contracts exceeding $35,000, from the State Department of Revenue and all other departments and agencies having jurisdiction over the activities of the Contractor. In the event such claims are filed, the Contractor shall be paid such retained percentages less an amount sufficient to pay any such claims, together with a sum sufficient to defray the cost of foreclosure action and to cover attorney fees as determined by the Owner.

Every person performing labor or furnishing supplies toward the completion of said improvement of work shall have a lien upon said monies so reserved; provided, that such notice of the lien of such claimant shall be given in the manner provided in Revised Code of Washington 39.08.030 and within the time provided in RCW 60.28 as now existing and in accordance with any amendments that may hereafter be made thereto.

No payment shall be made to the Contractor, however, until the Contractor and all subcontractors who have performed work shall have filed with the Port’s Contracts Department the Labor and Industries executed Statement of Intent to Pay Prevailing Wage as required by Revised Code of Washington 39.12.040. Said Contractor and all subcontractors shall also keep accurate payroll records for three years from the date of acceptance as described in WAC 296- 127-320 Payroll. A Contractor and all subcontractors shall, within ten days after it receives a written request, as defined by RCW 39.12.010(4) file a certified copy of the payroll records with the Owner. A contractor’s noncompliance with this section shall constitute a violation of RCW 39.12.050.

9. Indemnity:

A. CONTRACTOR’S RESPONSIBILITY. Contractor agrees to indemnify, defend, save and hold harmless the Port, its officials, employees and agents from any and all liability, demands, claims, causes of action, suits or judgments, including costs, attorney fees and

Contract C-4 expenses incurred in connection therewith, or whatsoever kind or nature, arising out of, or in connection with, or incident to, the performance of services by Contractor pursuant to this Agreement.

1. In the event that any suit based on such a claim, demand, loss, damage, cost, or cause of action is brought against the Contractor, the Port retains the right to participate in said suit if any principal of public law is involved.

2. This indemnity and hold harmless shall include any claim made against the Port by an employee of Contractor or subcontractor or agent of the Contractor, even if Contractor is thus otherwise immune from liability pursuant to the workers’ compensation statute, Title 51 RCW, except to the extent that such liability arises from the sole negligence of the Port. Contractor specifically acknowledges that the provisions contained herein have been mutually negotiated by the parties and it is the intent of the parties that Contractor provide the broadest scope of indemnity permitted by RCW 4.24.115.

B. The Contractor assumes all responsibility for protection against loss of all tools, equipment, materials and supplies used for the completion of this Contract.

C. All provisions contained herein are in addition to those found in the Specifications and in no way waive or release the provisions found in the Specifications.

10. Contract Documents: The Contract Documents consist of the Proposal and Contract

Documents listed in the Index, including the General Conditions for Facility Construction, Technical Specifications, Contract Plans, and the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction (current edition), as modified by the Contract Documents.

11. Order of Precedence: In the event of any conflict or inconsistency among the Contract

Documents, the order of precedence shall be as set forth in the Contract Documents.

12. Notices: Whenever in this written Contract written notices are to be given or made, they may be sent by certified mail to the following people at the addresses as shown herein unless a different address is designated in writing or delivered to the respective party hereto:

Owner: Contractor:

Attn: Contracts ______________________________

Port of Vancouver ______________________________

3103 NW Lower River Rd ______________________________

Vancouver WA 98660 ______________________________

EXECUTED this day of 20 __ .

PORT OF VANCOUVER CONTRACTOR

By: By:

Name: Name:

Title: Title:

Dated: Dated:

Contract C-5

LABOR AND MATERIALS PAYMENT BOND

(NOTE: CONTRACTOR MUST USE THIS FORM, NOT A SURETY COMPANY FORM. MUST BE

ACCOMPAINED BY A POWER OF ATTORNEY FOR THE SURETY’S OFFICER AUTHORIZED TO SIGN)

KNOW ALL MEN BY THESE PRESENTS:

We the Undersigned as PRINCIPAL (Contractor) and a corporation organized and existing under and by virtue of the laws of the state of , and duly authorized to do surety business in the state of Washington and named on the current list of approved surety companies acceptable on federal bonds and conforming with the underwriting limitations as published in the Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner and which carries an "A" rating and is of the appropriate class for the bond amount as determined by Best's Rating System, as SURETY, hereby hold and firmly bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, unto PORT OF VANCOUVER, as OBLIGEE, in the sum of Dollars ($ ) in lawful money of the United States of America, for the payment of that sum for the use and benefit of claimants as defined below.

The condition of this obligation is such that whereas the PRINCIPAL entered into a contract with PORT OF VANCOUVER dated , 20___, which contract is hereunto annexed and made a part hereof, for accomplishment of the all contract terms for the project described as follows: .

NOW THEREFORE, if the PRINCIPAL shall promptly make payments to all persons, firms, subcontractors, corporations and/or others furnishing materials for or performing labor in the prosecution of the Work provided for in the aforesaid contract, and any authorized extension or modification thereof, including all amounts due for materials, equipment, mechanical repairs, transportation, tools and services consumed or used in connection with the performance of such Work, and for all labor performed in connection with such Work whether by subcontractor or otherwise, and all other requirements imposed by law, then this obligation shall become null and void;

otherwise this obligation shall remain in full force and effect, subject, however, to the following condition:

The above-named PRINCIPAL and SURETY hereby jointly and severally agree that every claimant, who has not been paid in full, may sue on this bond for the use of such claimant, prosecute the suit to final judgment in for such sum or sums as may be justly due claimant, and have execution thereon. The OBLIGEE shall not be liable for the payment of any judgment, costs, expenses or attorneys' fees of any such suit.

PROVIDED, FURTHER, that SURETY for the value received, hereby stipulates and agrees that all changes, extensions of time, alterations to the terms of the contract or to Work to be performed thereunder or the Specifications accompanying the same shall be within the scope of the SURETY's undertaking on this bond, and SURETY does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. Any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications shall automatically increase the obligation of the SURETY hereunder in a like amount, provided that the total of such increases shall not exceed twenty-five percent (25%) of the original amount of the obligation without the consent of the SURETY.

Contract C-6

This obligation shall continue to bind the PRINCIPAL and SURETY, notwithstanding successive payments made hereunder, until the full amount of the obligation is exhausted, or if the full amount of the obligation is not exhausted and no claim is pending resolution, until such time as no further claims can be made pursuant to law with regard to the above-described project.

SURETY shall indemnify, defend, and protect the PORT OF VANCOUVER against any claim of direct or indirect loss resulting from the failure of the CONTRACTOR (or any of the employees, subcontractors, or lower tier subcontractors of the CONTRACTOR) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material, persons, or any other person who provides supplies or provisions for carrying out the work.

If more than one SURETY is on this bond, each SURETY hereby agrees that it is jointly and severally liable for all obligations of this bond.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________________, 20___.

SURETY CONTRACTOR

By: By*:

Street Address Street Address

City, State ZIP City, State ZIP

Phone Number Phone Number

* Must be signed by president or vice-president of Contractor

Contract C-7

PERFORMANCE BOND

(NOTE: CONTRACTOR MUST USE THIS FORM, NOT A SURETY COMPANY FORM. MUST BE

ACCOMPAINED BY A POWER OF ATTORNEY FOR THE SURETY’S OFFICER AUTHORIZED TO SIGN)

KNOW BY ALL MEN BY THESE PRESENTS:

We the undersigned as PRINCIPAL (hereinafter called CONTRACTOR), and a corporation organized and existing under and by virtue of the laws of the state of duly authorized to do surety business in the state of Washington and named on the current list of approved surety companies acceptable on federal bonds and conforming with the underwriting limitations as published in the Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner and which carries an "A" rating and is of the appropriate class for the bond amount as determined by Best's Rating System, as SURETY, hereby hold and firmly bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, to pay to PORT OF VANCOUVER as OBLIGEE (hereinafter called PORT OF VANCOUVER), the amount of Dollars ($ ) in lawful money of the United States of America.

WHEREAS, the CONTRACTOR entered into a contract with PORT OF VANCOUVER dated ___________________, 20___, which Contract is hereunto annexed and made a part hereof, for accomplishment of the all contract terms for the project described as follows:

NOW, THEREFORE, the condition of this obligation is such that if the CONTRACTOR shall promptly, truly and faithfully perform all the undertakings, covenants, terms, conditions, and agreements of the aforesaid contract and having performed its obligations thereunder, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Whenever CONTRACTOR shall be declared by PORT OF VANCOUVER to be in default under the Contract Documents for the project described herein, the SURETY shall promptly remedy the default by completing…