Parks Department Nicole Oliver, Director

Public Works Contract for

IDIQ Pier/Overwater Repair and Maintenance Services

Bid No. 46B-2026

For more information contact the purchasing office by telephone at (360) 778-7750 or by email at bids@cob.org.

TABLE OF CONTENTS

PUBLIC WORKS CONTRACT FOR

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

PIER/OVERWATER REPAIR SERVICES

INFORMATION FOR BIDDERS

Bidders Checklist

BIDDER RESPONSIBILITY CRITERIA

Mandatory Bidder Responsibility Criteria Mandatory Bidder Responsibility Checklist Subcontractor Responsibility Checklist

BID SUBMITTALS

Bid Proposal Bid Bond Bid Deposit

CONTRACT FORMS

Payment and Performance Bond Retainage Investment Option Escrow Agreement Savings Account Agreement

INFORMATION FOR BIDDERS

IDIQ PIER/OVERWATER REPAIR SERVICES

CITY OF BELLINGHAM

46B-2026

NOTICE TO BIDDERS

Sealed proposals for PUBLIC WORKS CONTRACT FOR IDIQ PIER/OVERWATER SERVICES will be received by the City of Bellingham through its Purchasing Office at 210 Lottie Street, Bellingham, Washington, 98225 until August 11, 2026 at 11:00 a.m., and thereafter will be publicly opened and read.

The City of Bellingham is soliciting competitive bids for the purpose of establishing a public works contract for using defined (fixed) unit priced pier/over water repair & asbestos-related repair services. Work will include planned maintenance and nonemergency repair work. All work will be performed on a time and materials basis using the hourly rate(s) and parts and materials markup percentage contained in the contractor’s Bid Proposal, which will be attached to and made a part of the indefinite delivery, indefinite quantity (IDIQ) agreement. The term of the agreement will be three (3) years, with the option to extend for one (1) additional year. Over the term of the agreement, the City will identify specific work assignments and request a written quotation from the contractor for the work. The contractor will provide an itemized written quotation for each work assignment using the hourly rate(s) contained in its Bid Proposal. The City will review the Contractor’s quotation and, upon approval, issue a purchase order for the work. Each purchase order will be issued under the on-call agreement and will be subject to its general terms and conditions.

Estimated three-year contract total: $300,000 with optional one-year renewal for $100,000.

The contractor shall pay prevailing wages for all work that is subject to the requirements of RCW

39.12. Prevailing wages shall be updated annually on the anniversary date of the on-call agreement, as required by RCW 35.22.620(11)(e).

The quantities provided by the City in the Bid Proposal form are nonbinding estimates which are provided for the sole purpose of bid comparison and to establish the amount of the bid bond and payment & performance bond. The successful bidder is not guaranteed any minimum amount of electrical work under the on-call agreement, nor is it given the exclusive right to perform such work for the City.

Contract documents can be viewed at the City of Bellingham website (http://cob.prcoureware.com) or seen at the Purchasing Office, 210 Lottie Street, Bellingham, Washington, 98225, phone (360) 778-7750.

All proposals must be upon the Bid Proposal form provided by the City of Bellingham and must be accompanied by a certified check, cashier's check, cash, money order or bid bond payable to the Finance Director in an amount equal to or exceeding five percent (5%) of the total bid. No other form of bid security is acceptable.

The right is reserved to postpone making the award for a reasonable length of time, to reject any and all bids, or to waive irregularities not affecting substantial rights.

Published: July 22, 2026

Bid Procedures and Conditions

1. Definitions. Capitalized terms not specifically defined herein shall have the meaning ascribed to them.

a) The City of Bellingham may be referred to hereinafter as the "City".

b) “Project” means on-call electrical services.

2. Bid Bond-Hard Copy. Bidder shall include a bid bond with its bid in an amount equal to

5% of its bid, conditioned upon bidder executing a contract with the City if it is awarded the contract. Bond must be submitted in hard copy with the bid submittal. Electronic submittals will not be accepted

3. Delivery of Proposal-Hard Copy. Bids must be submitted in hard copy in a sealed envelope. Electronic submittals will not be accepted. It is the bidder's responsibility to deliver its bid proposal and supporting documents to the proper address by the assigned time. The City accepts no responsibility for misdirected or lost bids or supporting documents prior to the City actually receiving them.

4. Bid Documents. Bid Documents include all documents and materials published for this project at http://cob.procureware.com, including all documents and materials referenced therein.

5. Addenda. Addendum (Addenda) are written or graphic instructions issued by the City's

Purchasing Office prior to the receipt of bids in accordance with these Bid Procedures and

Conditions, which interpret, clarify, correct, modify, add, or delete portions of the Bid

Documents. Addenda will become part of the Contract when the Public Works Agreement is executed.

6. Plan Holder's List. The plan holder's list is the way in which the City will notify bidders of changes in the Bid Documents. All changes to Bid Documents will be issued by the

Purchasing Office. The City will notify holders by email. The City will make a reasonable effort to notify bidders of changes; however, the sole responsibility lies upon the bidder to inquire if a change has been issued prior to the bid opening time and date. Please visit the web site at http://cob.procureware.com or call the Purchasing Office as 360-778-7750 to verify Addenda prior to submitting a bid.

7. Questions/Objections. Bidders are requested to review the Bid Documents carefully, without delay, for defects and questionable or objectionable matter. Questions, objections or comments regarding the Bid Documents or bid process should be made in writing and received by the issuing office no later than five (5) business days' prior to bid opening so that any necessary addenda may be published and distributed to bidders prior to the bid submission deadline; provided that the City may in its sole discretion respond to questions submitted after that deadline. All communications should be in writing and addressed to the following: City of Bellingham, Purchasing Office, 210 Lottie Street, Bellingham, Washington, 98225.

8. Copies of Bids and Bid Protests. The City will post copies of the bids received at http://cob.procureware.com. In accordance with RCW 39.04.105, if the City receives a written protest from a bidder, the City will not execute a contract for the project with anyone other than the protesting bidder without first providing at least two (2) full business days' written notice of the City's intent to execute a contract for the project; provided that the protesting bidder submits notice in writing of its protest no later than two (2) full business days' following bid opening. Any protest must be made in writing, signed by the protesting bidder or its authorized agent, and filed with the City’s Purchasing Manager, 210 Lottie

Street, Bellingham, Washington, 98225, with a copy to the City Attorney, 210 Lottie Street, Bellingham, WA 98225. The protest shall contain all the following information:

a) The protestor’s name, address, and phone/facsimile number;

b) The bid number and bid project name;

c) A detailed description of the specific factual and legal ground(s) for the protest, including all exhibits referenced by the protestor; and

d) The specific ruling and relief requested.

The City reserves the right to reject all bids as a remedy to a protest or independently of protests. Failure to comply with these procedures shall render a protest untimely or inadequate and, consequently, may result in the City rejecting the protest solely on this basis. Any decision made by the City regarding the bid award, contract execution or bid rejection shall be final, subject to such judicial review as permitted under Washington law upon timely filing in the Superior Court of Whatcom County, Washington. This venue clause shall modify any other provision in these Bid Documents to the extent there is an inconsistency.

7. Payment & Performance Bond. Prior to contract execution, the successful bidder shall submit a payment and performance bond. The bond shall be in the amount of the Contract

Maximum $300,000. Alternatively, Contractor at its option may elect to submit a separate payment and performance bond for each contract year in the sum of $100,000. If contractor selects the annual-bond option, the initial bond shall be submitted with this signed Agreement and each annual bond thereafter shall be submitted to the City in conjunction with the annual unit price adjustment contract modification process On contracts of one hundred fifty thousand dollars ($150,000) or less, at the Contractor's option, the City will, in lieu of a bond, withhold retainage of ten percent (10%) of the contract amount until releasable under RCW 39.08.010.

8. Bid Rejection. The City reserves the right to reject any and all Bid Proposals, to waive minor deviations from the Bid Procedures and Conditions, or to waive any informality or minor irregularity in Bid Proposals received, whenever such rejection or waiver is in the best interest of the City. Among other things, a Bid Proposal may be rejected when: (1) the bidder is in arrears on taxes or other claims due the City; (2) the bidder is not in a position to perform the Contract; (3) the Bid Proposal is not signed; (4) the bidder fails to furnish bid bonds or surety deposits, plans, specifications, samples, etc., when such were specifically called for in the Bid Documents; (5) the bidder has failed to use the Bid

Proposal form attached; (6) the bidder makes a material change in the Bid Documents;

(7) the Bid Proposal contains a material alteration or erasure which is not initialed by the signer of the solicitation; (8) the bidder has been debarred from public bidding by either the State of Washington or the United States Federal Government; (9) any other reason determined to be in the best interest of the City.

9. Pre-Award Information. The City may require the bidder to provide the following information after prior to bid award:

a) A designation of the amount and type of work to be performed by the Contractor’s own forces.

b) A list of names of the subcontractors or other persons or organizations proposed for such portions of the work and an estimated employment profile of such subcontractor's forces. Subcontractors, employees, and other persons and organizations proposed by the Contractor and accepted by the City must be used on the work for which they were proposed and accepted and shall not be changed without the City’s written approval.

10. City Business Registration. Bidders are required to possess a City of Bellingham

Business Registration Certificate prior to bid award and will be required to pay business and occupation taxes. For additional information, check with the City's Finance

Department, (360) 778-8000.

11. Bid Preparation Costs. The City shall not be liable for any costs incurred by the bidder in bid preparation.

12. Prevailing Wage. The work is subject to the prevailing wage requirements of Chapter

39.12 RCW and RCW 35.22.620(11)(e). The State of Washington prevailing wage rates applicable for this public work, which is located in Whatcom County, may be found at the following website address for the Department of Labor & Industries: Prevailing Wage

Rates . The applicable effective date for prevailing wages for the first year of the contract shall be based on the bid submittal deadline. In accordance with RCW 35.22.620(11)(e), the hourly rates contained in Contractor’s Bid Proposal will be updated annually (on each contract anniversary date) to account for any changes in applicable prevailing wage rates.

Intents and affidavits for prevailing wages paid shall be submitted annually for all work completed within the previous twelve-month period.

13. Retainage. Retainage will be withheld in accordance with RCW 60.28. Retainage will be released at the end of each contract year, provided that contractor has filled the necessary affidavits of wages paid and satisfied all other requirements for the release of retainage.

14. Agreement Form. The City's form “Public Works Agreement for On-Call Electrical

Services” is provided in this solicitation package. The successful bidder will be required to enter into such an agreement with the City.

15. Insurance Requirements. The contractor will be required to obtain and maintain the following insurance policies prior to contract award and continuing throughout the contract term: (1) commercial general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate; and (2) commercial automobile insurance with a combined single limit of not less than $1,000,000 per occurrence. The City shall be covered as an additional insured on contractor’s CGL policy, covering both ongoing and completed operations coverage. Said coverage shall be primary and noncontributory and include a waiver of subrogation). Contractor shall provide the city with a current certificate of insurance on an ACORD form or its equivalent together with copies of all endorsements or blanket policy language necessary to establish the required coverages.

16. Reciprocal Preference for Resident Contractor. In accordance with RCW 39.04.380, the City of Bellingham is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

a) is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

b) at the time of bidding on a public works project, does not have a physical office located in Washington.

The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed. All nonresident contractors will be evaluated for out of state bidder preference. If the state of the nonresident contractor provides an in-state contractor preference, a comparable percentage disadvantage will be applied to their bid prior to contract award.

This section does not apply to public works procured pursuant to RCW 39.04.155, 39.01.280, or any other procurement exempt from competitive bidding.

17. Cooperative Purchasing Language. The City of Bellingham has entered into intergovernmental (Interlocal) purchasing agreements pursuant to RCW 39.34 with other

Washington agencies under which either party may make purchases at the other party’s accepted proposal price. By submitting an offer, the Proponent agrees to make the same bid terms and pricing, exclusive of freight, available to other Washington governmental agencies. Those public agencies that have complied with the requirements outlined in

RCW 39.34 are eligible to use this contract. Further, the public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. A purchase or contract by a public agency shall be affected by a purchase agreement/contract from the public agency, directed to the Proponent or other party contracting to furnish goods or services to the City of Bellingham. The City of Bellingham will not accept responsibility for purchases issued by other public agencies.

This offer of cooperative purchasing shall be extended by the Proponent to cover the

City of Bellingham’s contract duration (for any subsequent purchase agreements/contracts resulting from this bid) or 90 days post award (for one-time purchases).

EXHIBIT A

TO PUBLIC WORKS AGREEMENT FOR

PIER/OVERWATER REPAIR SERVICES

SCOPE OF WORK

1. Purpose

The City of Bellingham seeks to establish an on-call contract to provide pier/overwater repair services as needed by the City. The desired scope of services shall include a licensed and certified contractor to perform as needed repairs to the Little Squalicum Park Pier and any similar Parks Department marine structures. Work under this contract concerns the molded FRP decking system, fasteners, and associated superstructure elements containing potentially non friable asbestos and creosote treated timber. All work must comply with all Federal, State and Local Codes.

Man-hours paid under this Contract shall be only for productive hours at the job site. Time spent for transportation of workers, material acquisition, handling, and delivery, or for movement of contractor owned, or rental equipment is not chargeable directly but is overhead and the cost shall be included in the hourly rate bid for basic labor or equipment.

Bidder shall own and have tools and equipment common to the trade to perform the described services. The City will not pay the contractor any fees for the use of contractor owned equipment to perform the scope of services.

ATTACHMENTS to:

• Updated Regulated Building Materials Survey, Little Squalicum Pier, July 29, 2024

• Phase 1 Environmental Assessment Report

• Creosote Evaluation Report

Contractor will perform notification to the NWCA agency, permitting, containment BMPs, repairs, replacement, removal, disposal, and limited construction activities in accordance with the local, state and federal requirements for the associated work. The contractor will provide all required notices and obtain all permits, all of which are considered incidental to the bid price. Permit fees will be payable as a direct cost by the City.

2. Background & Existing Conditions

1. The Little Squalicum Pier pier consists of wooden structural members coated with potentially non-friable asbestos mastic and creosote-treated timber.

2. Other similar structures are located within the City of Bellingham city limits and could include structures at Taylor Dock, Lake Padden, Bloedel and other local structures

a. Reports, surveys and assessments of other structures are not available and are presumed to contain lead, potential asbestos containing material, treated wood, and/or creosote

3. Little Squalicum Pier

a. The pier is located at Little Squalicum Park 640 Marine Dr. Bellingham, WA

98225

b. The pier is open to the public. Traffic control, site security, and signage for all work is the responsibility of the contractor and is considered incidental to the bid prices provided.

c. The pier is approximately 1260 feet long by approximately 14 feet wide over tidal waters.

d. Access to the pier is limited. Weigh limits are posted.

e. Vehicles and equipment are only permitted with the contractor's engineer's structural calculations/evaluation.

f. Protection of the structure finishes and FRP decking is required for all work.

4. The fibergrate FRP decking is mechanically screwed or bolted to this potentially asbestos-containing superstructure.

a. Hardware: Type 316 stainless steel hold down clips

b. Grating panels: National Grating equivalent of Ecograte 62 by Fibergrate

5. Guardrail treated wood, stainless steel fasteners

6. Electrical enclosures

3. Scope of Work The on-call contractor must perform tasks including, but not limited to:

3.1 General Repair and maintenance Tasks

Permitting and notification to agencies, as applicable Containment BMPs, site security, signage, and traffic control as applicable Remove and replace damaged decking panels.

Repair or replace fasteners, clips, and corroded connection hardware.

Conduct localized repair of damaged or deteriorated pier/structure components where asbestos-containing tar, mesh, or coatings may be present.

Provide temporary stabilization or emergency response for storm or impact damage affecting asbestos-containing components.

Minor repairs to any part of the structure, including re-attachment of bracing, minor wood repairs to any part of the structure

3.2 Required Asbestos-Related Work

All work must comply with NWCAA, DOSH, WAC 296-62, 296-65, OSHA 1926.1101 and all other standards, laws, and codes.

Tasks include:

C. Deck Center Bay Work

All work performed in regulated areas with HEPA-controlled tools.

D. Mechanical Fastening Operations Any drilling, screwing, or cutting into surfaces with remnant tar triggers:

Negative Exposure Assessment (NEA) per WAC 296-62-07709.

Mandatory wet methods and HEPA vacuum extraction.

Air monitoring (TWA and 30-min excursion) provided by contractor until a compliant NEA is documented onsite.

Any other requirements as mandated by local, state or federal codes

E. Securement of job site, traffic control and signage

a. Some conditions may necessitate temporary closure of the Pier or structure to foot traffic by the public

4. Environmental Protections The following are mandatory:

No debris, dust, or waste may fall into the water.

Creosote timber surfaces must not be ground, sanded, or wire-brushed; only controlled hand methods allowed.

Full containment of all work is required No parking vehicles overnight within 50ft of waterway No storage of chemicals, fuel or other potentially hazardous materials or liquids on the pier or in the park All waste must be permitted and disposed of by the contractor. Documentation to the

City must be provided for all waste.

5. Contractor Requirements

5.1 Personnel

Washington State Certified Asbestos Supervisor onsite full-time during regulated work (5+ years required).

Workers must have two-hour asbestos awareness training minimum for any mechanical fastening work in contact with ACM.

All other requirements for the work shall be the responsibility of the contractor

5.2 Submittals Prior to Any Work

Contractor must submit, for each Task Order:

Abatement Work Plan (per Section 01 45 01).

Site-Specific HASP meeting WAC 296-843-12005.

Asbestos notifications to NWCAA and L&I.

Equipment submittals (HEPA vacs, decon units, lifts).

Medical, training, and fit-test documentation

6. Air Monitoring Requirements

Contractor performs worker exposure monitoring for every task involving ACM disturbance.

Owner/Consultant performs QA/QC and visual clearance, except exterior work does not require final PCM clearance.

7. Waste Management All ACM waste must be wet, double-bagged (6-mil), labeled per OSHA/EPA/NWCAA.

Transport to EPA-approved landfill with full manifesting.

No outdoor storage of ACM.

Deliver disposal manifests to city and agencies within 30 days.

9. Safety & Access Considerations

Work performed over tidal waters; contractor responsible for barges, lifts, or suspended platforms.

Contractor must maintain safe public access control around the pier/structure during repairs.

Power is not available on pier—contractor must provide generators.

The structure is rated for 100 PSF evenly distributed live load only, no vehicles or equipment are permitted on the pier.

10. Deliverables at Close-Out of Each Task

Updated Daily Logs Worker personal monitoring data Waste manifests Photographic documentation Consultant’s clearance verification (if applicable)

NO WORK SHALL BEGIN WITHOUT A PURCHASE ORDER NUMBER

BIDDERS CHECKLIST

THIS BIDDERS CHECKLIST has been prepared and furnished to aid bidders in including all necessary forms and information with their bid. However, it is not guaranteed to be complete, and the responsibility for compliance with all bidding requirements remains with the bidder.

ALL BIDDERS must properly complete, execute and submit the following forms with their bids prior to the bid submission deadline:

☐ Bid Proposal

☐ Bid Bond (or Bid Deposit)

☐ Mandatory Bidder Responsibility Checklist

☐ Any other forms included in the Bid Documents that are designated as being due at the time of bid submission

Note: Bidder must write or print the Bid Number for this project on the face of the sealed envelope containing its bid.

APPARENT LOW BIDDER shall properly complete, execute and submit the following form after bid opening within two (2) business days of being notified by the City that it is the apparent low bidder:

☐ Supplemental Bidder Responsibility Criteria Form

SUCCESSFUL BIDDER shall properly complete, execute and submit the following forms after receiving notice that it has been awarded the contract:

☐ Public Works Agreement for IDIQ PIER/OVERWATER REPAIR Services

☐ Payment and Performance Bond

☐ Retainage Investment Option (and Escrow or Savings Account Agreement, if any)

☐ Certificate of Insurance and Additional Insured Endorsement

☐ Any other documents required by the City

BIDDER RESPONSIBILITY CRITERIA

MANDATORY BIDDER RESPONSIBILITY CRITERIA

1. Requirement. Before award of a public works contract for this Project, the bidder must meet the mandatory bidder responsibility criteria contained in RCW 39.04.350(1), as reiterated below.

2. Criteria. The bidder must:

a. Have a current certificate of registration as a contractor in compliance with Chapter

18.27 RCW, at the time of bid submittal.

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

c. If applicable, show proof of: (a) Industrial Insurance (workers’ compensation) coverage for the bidder’s employees working in Washington, as required in Title

51 RCW; (b) a Washington Employment Security Department number, as required in Title 50 RCW; and, (c) a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW.

d. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065(3).

e. For public works projects subject to the apprenticeship utilization requirements of

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 first date of advertising for the project.

f. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection.

g. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or

49.52 RCW.

3. Documentation. Bidder shall complete and sign the Mandatory Bidder Responsibility

Checklist provided below and submit it to the City with its bid. Failure to meet this requirement may render the bid nonresponsive and/or the bidder not responsible.

4. Verification of Subcontractor Responsibility Criteria. In accordance with RCW

39.06.020, the successful bidder must verify responsibility criteria 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 criteria listed in RCW 39.04.350(1) 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 every public works contract and subcontract of every tier.

MANDATORY BIDDER RESPONSIBILITY CHECKLIST

Bid Number:

Bid Submittal Deadline:

Project Name:

Project Number:

Bidder’s Business Name:

City Business Registration Number:

Active? Yes ☐ No ☐

CONTRACTOR REGISTRATION

https://secure.lni.wa.gov/verify/

License Number: License Active? Yes No Effective Date: Expiration Date:

UBI/TAX REGISTRATION NUMBER

https://secure.dor.wa.gov/gteunauth/ (go to Business Lookup)

UBI/TAX Registration Number: Account: Open Closed

INDUSTRIAL INSURANCE COVERAGE

https://fortress.wa.gov/lni/crpsi/MainMenu.aspx Account Number: Account Current? Yes No

EMPLOYMENT SECURITY DEPARTMENT

Employment Security Department Number:

Has Bidder provided account number on the Bid Form? Yes No

NOT DISQUALIFIED FROM BIDDING

https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx

Is the Bidder listed on the “Debarred Contractors List” list of the Washington State Department of Labor and Industries Website?

Yes No Attach printout from website https://www.SAM.gov/ (go to Search Records) Is the bidder listed on the current debarred or suspended bidder list available on the U.S. General Services Administration's System for Award Management ("SAM") website?

Yes No Attach printout from website

BIDDER CERTIFICATIONS

1. The bidder hereby certifies under penalty of perjury under the laws of the State of Washington that, within the 3-year period immediately preceding the bid solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of RCW 49.46, 49.48, or 49.52, 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.

2. The undersigned further certifies that bidder (check one):

Has received training on the requirements related to public works and prevailing wage as mandated in RCW 39.04.350(1)(f) or Is exempt from such training because it has completed three or more public works projects and has had a valid business license in Washington for three or more years.

3. The undersigned further certifies that all other information provided by or on behalf of bidder on this form is true and correct.

Signature of Authorized Official Date

Print Name & Title Place of Execution (City & State)

CITY VERIFICATION

City Purchasing Manager or Designee Date

Has bidder satisfied applicable supplemental responsibility criteria?

Yes No Documentation on file

SUBCONTRACTOR RESPONSIBILITY CHECKLIST

The following checklist is given to Contractors and Subcontractors for documenting that a subcontractor of any tier meets the subcontractor responsibility criteria. It is suggested that Contractors and Subcontractors print a copy of documentation from the appropriate website to include with this checklist in their contract file.

GENERAL INFORMATION

Project Name: Project Number:

Subcontractor’s Business Name: City Business Registration Number:

Active? Yes No

SUBCONTRACTOR REGISTRATION

https://secure.lni.wa.gov/verify/

License Number: License Active? Yes No

Effective Date: Expiration Date:

UBI/TAX REGISTRATION NUMBER

https://secure.dor.wa.gov/gteunauth/ (go to Business Lookup)

UBI/Tax Registration Number: Account: Open Closed

INDUSTRIAL INSURANCE COVERAGE

https://fortress.wa.gov/lni/crpsi/MainMenu.aspx

Account Number: Current: Yes No

EMPLOYMENT SECURITY DEPARTMENT

Employment Security Department Number:

NOT DISQUALIFIED FROM BIDDING

https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx

Is the Subcontractor listed on the “Debarred Contractors List” on the Washington State Department of Labor and Industries website?

Yes No Attach printout from website https://www.SAM.gov/ (go to Search Records) Is the Subcontractor listed on the current debarred or suspended bidder list available on the U.S. General Services Administration's System for Award Management ("SAM") website?

Yes No Attach printout from website

SPECIALITY CONTRACTOR LICENSES

https://fortress.wa.gov/lni/bbip/ Electrical: If required by Chapter 19.28 RCW, does the Subcontractor have an Electrical Contractor’s License?

Yes No N/A

Elevator: If required by Chapter 70.87 RCW, does the Subcontractor have an Elevator Contractor’s License?

Yes No N/A

SUBCONTRACTOR CERTIFICATIONS

1. The bidder hereby certifies under penalty of perjury under the laws of the State of Washington that, within the 3-year period immediately preceding the bid solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of RCW 49.46, 49.48, or 49.52, 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.

2. The undersigned further certifies that bidder (check one):

Has received training on the requirements related to public works and prevailing wage as mandated in RCW 39.04.350(1)(f) or Is exempt from such training because it has completed three or more public works projects and has had a valid business license in Washington for three or more years.

3. The undersigned further certifies that all other information provided by or on behalf of bidder on this form is true and correct.

Signature of Authorized Official Date

Print Name & Title Place of Execution (City & State)

PRIME CONTRACTOR VERIFICATION

Sign Date

Print Name & Title

Supplemental Bidder Responsibility Criteria

1. Requirement. Before award of a public works contract for this Project, the bidder must meet the supplemental bidder responsibility criteria established by the City pursuant to

RCW 39.04.350(2), as set forth in this Supplemental Bidder Responsibility Form ("Form").

2. Instruction to Bidders. This Form, and all documentation required herein, shall be completed in its entirety and submitted to the City by the apparent low bidder within two

(2) business days of being notified by the City that it is the apparent low bidder; provided that any requested modifications to these supplemental criteria are due five (5) days prior to the bid submission deadline pursuant to Section 5 below. Failure to meet this requirement may render the bid nonresponsive and/or the bidder not responsible.

3. Certification. The undersigned certifies that he/she is authorized to submit this Form on behalf of the bidder and that all bidder information supplied pursuant hereto is accurate.

Name of Bidder:

Address:

Phone:

Name of Person Completing this Form (Print):

Title:

Signature:

Date:

4. Criteria & Required Documentation.

a. DELINQUENT STATE AND/OR CITY OF BELLINGHAM TAXES

i. Criterion: The bidder shall not owe delinquent taxes to either the Washington

State Department of Revenue or the City of Bellingham without a payment plan approved by the Department of Revenue and/or City of Bellingham before the date of award.

ii. Check applicable box:

The bidder does not owe delinquent taxes to either the Washington State

Department of Revenue or the City of Bellingham without a payment plan approved by the Department of Revenue and/or City of Bellingham before the date of award.

Alternatively, the bidder does owe delinquent taxes to either the Washington

State Department of Revenue or the City of Bellingham without a payment plan approved by the Department.

b. PREVAILING WAGES COMPLAINTS

i. Criterion: The bidder shall not have a record of prevailing wage complaints against it within five (5) years of the bid submittal date that demonstrates a pattern of failing to pay workers prevailing wages, unless there are extenuating circumstances acceptable to the City in its sole discretion.

The bidder has not had any prevailing wage complaints filed against it within five (5) years prior to the bid submittal date.

Alternatively, the bidder has had prevailing wage complaints filed against it within five (5) years of the bid submittal date.

iii. Documentation: If the Bidder has had prevailing wage complaints filed against it within five years of the bid submittal date, then bidder shall submit a list of complaints filed against the Bidder and include for each complaint the name of Project, Owner and contact information for Owner, and a written explanation of the circumstances surrounding each complaint and how it was resolved. The City shall evaluate these explanations and the resolution of each complaint to determine whether the complaints demonstrate a pattern of failing to pay its workers prevailing wages as required. The City reserves the right to conduct its own investigation into prevailing wage complaints and may also evaluate complaints filed within the time period specified that were not reported by the bidder.

c. CLAIMS AGAINST RETAINAGE AND PAYMENT AND PERFORMANCE

BONDS

i. Criterion: The bidder shall not have a record of excessive claims filed against the retainage or payment and performance bonds for public works projects in the three (3) years prior to the bid submittal date that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City in its sole discretion.

The Bidder has not had claims against retainage or payment and performance bonds in the three (3) years prior to the bid submittal date.

Alternatively, the Bidder has had claims against retainage or payment and performance bonds in the three (3) years prior to the bid submittal date.

iii. Documentation: If the Bidder has had claims against retainage or payment and performance bonds in the three (3) years prior to the submittal date, submit a list of public works projects completed during this period that have had claims against retainage or payment and performance bonds and include name of

Project, Owner, and contact information for the Owner, a list of claims filed against retainage or payment and performance bond for any of the projects listed; and a written explanation of circumstances surrounding each claim and the ultimate resolution of the claim.

d. PUBLIC BIDDING CRIME

i. Criterion: The bidder and/or its owner(s) shall not have been convicted of a crime involving bidding on a public works contract within five (5) years from the bid submittal date.

The bidder and/or its owner(s) have not been convicted of a crime involving bidding on a public works contract in the five (5) years prior to the bid submittal date.

Alternatively, the bidder and/or its owner(s) have been convicted of a crime involving bidding on a public works contract in the five (5) years prior to the bid submittal date.

e. TERMINATION FOR CAUSE

i. Criterion: The bidder shall not have had any public works contract terminated for cause by a government agency or municipality during the five (5) year period immediately preceding the bid submittal date, unless there are extenuating circumstances acceptable to the City in its sole discretion.

The bidder has not had any public works contracts terminated for cause by a government agency or municipality in the five (5) years prior to the bid submittal date.

Alternatively, the bidder has had one or more public works contracts terminated for cause by a government agency or municipality in the five (5) years prior to the bid submittal date.

iii. Documentation: If the bidder has had one or more public works contracts terminated for cause by a government agency or municipality during the five

(5) year period immediately preceding the bid submittal date, then the bidder shall provide the City with a list of each contract terminated, the name of the government agency or municipality who terminating the contract, and the circumstances involving the termination for cause. The City reserves the right to use independent sources of information that may be available to demonstrate whether the bidder complies with this criterion.

f. LAWSUITS

i. Criterion: The bidder shall not have any judgment(s) or award(s) entered against it in any lawsuits or arbitrations within five (5) years of the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating circumstances acceptable to the City in its sole discretion.

The bidder has not had any judgement(s) or award(s) entered against it in the five (5) years prior to the bid submittal date.

Alternatively, the bidder has had judgment(s) or award(s) entered against it in the five (5) years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts.

iii. Documentation: If the bidder has had any judgment(s) or award(s) entered against it in the five (5) years prior to the bid submittal date, then the bidder shall submit a list of lawsuits or arbitrations in which such judgement(s) or award(s) were entered along with a written explanation of the circumstances surrounding each. The City shall evaluate these explanations to determine whether the lawsuits and/or arbitrations demonstrate a pattern of failing to meet terms of contracts. The City reserves the right to conduct its own independent investigation.

g. EXPERIENCE

i. Criterion: Bidder shall have a minimum of two (2) years’ experience providing pier/overwater maintenance and repair services as a primary part of its business in the five (5) years prior to bid submittal.

The bidder has at least two (2) years’ experience providing pier/overwater maintenance and repair services as a primary part of its business in the five (5) years prior to bid submittal.

The bidder does not have at least 2 years’ experience providing pier/overwater maintenance and repair services as a primary part of its business in the five (5) years prior to bid submittal.

iii. Documentation: Attach a description of bidder’s experience providing pier/overwater maintenance and repair services in the five (5) years prior to bid submittal.

h. AVAILABILITY

i. Criterion: Bidder shall have adequate staff to respond to and perform emergency repairs twenty-four (24) hours per day, seven (7) days per week, 365 days per year.

Bidder has adequate staff to respond to and perform emergency repairs twenty-four (24) hours per day, seven (7) days per week, 365 days per year.

Bidder does not have adequate staff to respond to and perform emergency repairs twenty-four (24) hours per day, seven (7) days per week, 365 days per year.

iii. Documentation: Attach a description of bidder’s staffing levels, demonstrating an ability to respond to a perform emergency repairs twenty-four

(24) hours per day, seven (7) days per week, 365 days per year.

i. REFERENCES

The City reserves the right to check references, whether identified by the bidder or not, on all bidders, including using itself as a reference in applicable situations. In evaluating references, the City will check with other owners regarding, by way of example, such things as: quality control, safety record; timeliness of performance;

use of skilled and trained personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents;

management of submittals process, change orders, force account, and close-out;

and other applicable project information deemed appropriate by the City.

5. Modifications to Supplemental Bidder Responsibility Criteria

a. Potential bidders may request modifications to the City’s supplemental bidder responsibility criteria as defined herein by submitting a written request (“Request”) to the City’s Purchasing Office no later than five (5) business days prior to the bid submission deadline designated for the project. Requests may be submitted via U.S.

post mail, delivered personally, or sent by electronic mail or fax within this timeline to:

Mail/Delivery: Purchasing Office, City of Bellingham, 210 Lottie Street, Bellingham, Washington, 98225

Fax: 360-778-7706 (Attn: Purchasing/Criteria Modification Request)

Email: bids@cob.org

b. Requests either not addressed to the Purchasing Office as indicated above or

Requests received after this date and time will not be considered.

c. The Request must include the bidder’s name and address, the applicable criteria the bidder is seeking to modify, the justification for why the identified criteria should be modified, and how the requestor would like the criteria modified. Please include the

Specification Number and Project Title when submitting all such Requests. Requests either not addressed to the Purchasing Office or Requests not received no later than five (5) business days prior to the bid opening date will not be considered.

d. Any changes to the supplemental criteria, as determined by the City in its sole discretion, will be issued by addenda to the solicitation documents and posted to the

City’s website for the attention of all prospective bidders.

6. Supplemental Bidder Responsibility Determination and Appeal Process

a. If the City determines the bidder does not meet the supplemental bidder criteria as outlined above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its initial determination.

b. If the bidder disagrees with the City’s initial determination, the bidder will have one (1) business day from receiving the initial determination to appeal it by submitting additional written information to the City.

c. The City will consider any such timely submitted additional information received from bidder before issuing its final determination.

d. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two (2) business days after the bidder determined to be not responsible has received the final determination.

FINAL DETERMINATION OF BIDDER RESPONSIBILITY

Reserved for City Use Only

I, the undersigned, have reviewed the following: (1) the foregoing supplemental bidder responsibility criteria form submitted by the presumptive low bidder; (2) additional information submitted by the presumptive low bidder in accordance with Section 6 above, if any; and (3) additional information obtained during my evaluation of bidder's submission, if any. Based on my review, I have determined on behalf of the City of Bellingham that bidder (is ___) (is not ___) responsible. This final determination was made in accordance with the procedures set forth in

Section 6 above.

City Purchasing Manager or Designee Date

-- End of Supplemental Bidder Responsibility Form --

BID SUBMITTALS

EXHIBIT B

TO PUBLIC WORKS AGREEMENT FOR

BID PROPOSAL

To the City of Bellingham:

Bidder declares, through its undersigned representative, that it has carefully examined the City of Bellingham’s bid documents for a PUBLIC WORKS CONTRACT FOR UNIT PRICED IDIQ PIER/OVERWATER REPAIR SERVICES, and that if this Bid Proposal is accepted, bidder will contract with the City, in the form of contract hereto annexed.

Bidder acknowledges that all work will be paid on a time and materials basis using the hourly rates and parts and materials markup percentage contained in the successful bidder’s Bid Proposal. Permits fees will be reimbursed at cost without markup. No additional amounts, such as travel expense, administrative work, or any further markups for profit or overhead, will be allowed. Additional specialized equipment may be quoted at time of purchase order request, upon approval of the City. Additional trades may be used as required, at the current prevailing wage rate at the time of work and with the lowest shown markup percentage below. Rentals and subcontractors will be paid at cost with no further markup.

1. REGULAR HOURLY RATE:

Est Hrs.

Prevailing Wage

Contractor Markup

Hourly rate

Subtotal WSST 9.0%

Total

Carpenter, Journey Level

200* $83.21 % $ $ $ $

Asbestos Abatement Workers, Journey Level

100* $67.39 % $ $ $ $

Power Equipment Operator, Boat Operator

100* $92.08 % $ $ $ $

Flagger, Journey Level

50* $57.66 % $ $ $ $

3. PREMIUM HOURLY RATE for After Hours (5:00 pm to 7:00 am), Weekends, & Holidays:

Est Hrs.

Prevailing Wage

Contractor Markup

Hourly rate

Subtotal WSST 9.0%

Total

Carpenter, Journey Level

25* $83.21 % $ $ $ $

Asbestos Abatement Workers, Journey

10* $67.39

Power Equipment Operator, Boat Operator

25* $92.08

Flagger, Journey

10* $57.66

4. PARTS AND MATERIALS MARKUP

Est. Parts and Materials Cost

Contractor Markup

Subtotal WSST 9.0%

Total (C)

$25,000 % $ $ $

BID TOTAL $____________________________________________

(Bid Total = Regular Hours Totals + Premium Hours Totals + Parts and Materials Totals)

* Bidder acknowledges that the hours and parts and materials cost listed above by the City represent a hypothetical work assignment and are provided by the City for the sole purpose of bid comparison the bid bond amount. The Contract Maximum sum shall be used for purposes of setting the amount of the payment and performance bond.

Accompanying this Bid Proposal is cash, certified check or bid bond payable to the City of Bellingham, this being the amount not less than five percent (5%) of the total bid amount, including sales tax if applicable. If this Bid Proposal is accepted by the City, and the undersigned fails to execute a satisfactory contract and payment and performance contract bond, as stated in contract attached, then the City may, at its option, determine that the undersigned has abandoned the contract and thereupon this contract shall be null and void, and the security accompanying this Bid Proposal shall be forfeited to the City. Otherwise, the security accompanying this proposal shall be returned to the undersigned.

By signing this Bid Proposal, the undersigned duly swears that this bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and I further say that I have not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that I have not in any manner sought collusion to secure to myself an…