2027_Road_Surfacing_Material.pdf

PROPOSAL FOR 2027 - ROAD SURFACING MATERIALS Page 1 of 5

OFFICE OF THE LEWIS COUNTY ENGINEER

LEWIS COUNTY, WASHINGTON

REQUEST FOR BIDS

Prices quoted are valid for the following period:

January 1, 2027, through December 31, 2027

BIDS FOR: FURNISHING ROAD SURFACING MATERIALS – 2027

BIDS RECEIVED: THURSDAY, DECEMBER 3, 2026, AT 12:15 P.M. AT THE CLERK OF THE BOARD OF

LEWIS COUNTY COMMISSIONERS (351 NW NORTH STREET, ROOM 210, CMS-01,

CHEHALIS, WA, 98532). NO BIDS WILL BE ACCEPTED AFTER THAT DATE AND TIME.

BID OPENING: THURSDAY, DECEMBER 3, 2026, AT 12:15 P.M. AT THE LEWIS COUNTY

COURTHOUSE (351 NW NORTH STREET, ROOM 223, CHEHALIS, WA, 98532).

1. INSTRUCTIONS:

Please state hereon, in the columns provided in the Proposal, the lowest price at which you will provide the articles specified within the timeframe of this Contract. If you cannot supply one of the products requested in the proposal, please put “N/A” in the bid price line. Unsigned Proposals will not be considered.

The Proposal shall be submitted electronically through the procurement portal at https://procurement.opengov.com/portal/lewiscountywa or be placed in a sealed envelope marked “SEALED BID FOR THE 2027 – ROAD SURFACING MATERIALS” and delivered to the Clerk of the Board of Lewis County Commissioners at the location, date and time stated above. Bid proposals shall be considered final at the time and date for receiving bids. The County will not accept any changes for any reason, including bidding errors. Use of the enclosed Proposal form is required. Only bids submitted electronically through the Lewis County procurement portal or on the official form in a sealed envelope following these instructions will be considered. The bid shall not contain any unauthorized additions, deletions, alternate bids, or conditions. Instructions for uploading bid documents electronically are located at https://opengov.my.site.com/support/s/.

2. AWARD OF CONTRACT:

The right is reserved by the Board of Lewis County Commissioners, or its designee, to reject any or all bids, to waive informalities in the bidding, and to make award of the business based on a fair appraisal of the competitive values offered, availability of product and delivery time. The Board will not be bound necessarily by the low bid.

NOTE: This document and the materials enclosed herewith constitute an invitation to submit bids only and does not represent an offer by Lewis County or the Lewis County Engineer. Proposals submitted in response hereto shall constitute offers to contract with Lewis County. Only upon the County’s acceptance of such offer by award, as provided herein, shall any contractual relations be created.

The contract documents may be viewed and downloaded from Lewis County’s Web Site @ www.lewiscountywa.gov or you may call the Lewis County Engineers office @ (360)740-1123 Ext. 2 and request a copy be mail to you.

Specification changes shall be accomplished through official project addendums.

Pursuant to RCW 36.32.256, the County reserves the right to award the Contract to more than one bidder, and to purchase material from a vendor other than the lowest bidder based upon the overall cost to the County. To determine the overall cost of a product to the County, the County will take its employees’ hourly rate plus the hourly rate of the vehicle used to haul, times the anticipated haul time to and from the project site plus the cost of the material. This calculation shall be used to compare each vendor on each project. The lowest overall cost to the County, and the availability of product at the time of need, will determine which vendor to purchase the product from for each project.

3. EXECUTION OF CONTRACT:

PROPOSAL FOR 2027 - ROAD SURFACING MATERIALS Page 2 of 5

Successful bidder shall be required to enter into a formal contract substantially similar to Exhibit A attached.

4. PROPOSED PURCHASE:

Conforming to the requirements of the 2026 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction (M41-10), the purchase contemplated is set forth as follows:

Furnishing HOT MIX ASPHALT (HMA), and non-spec Asphalt Cold Mix Patch Material as required by the Lewis County Public Works Department during the period from January 1, 2027, through December 31, 2027.

The prices listed shall be the bidder’s current bid prices. If prices increase or decrease during the contract period, the vendor shall notify the Lewis County Engineer in writing at least thirty (30) days prior to the effective change date. The notice shall include verifiable justification for price increases.

There are no set maximum or minimum quantities. The County does not guarantee to purchase any specific amount but expects the vendor to be ready to provide materials. The County will give the vendor advanced notice of estimated quantities needed and will endeavor to place orders forty-eight (48) hours prior to required delivery, except in emergencies. Lewis County Public Works has a 2027 budget of $450,000 for Road Surfacing Material.

This should be regarded as an open-ended proposal since the bid material may be purchased under this Contract through the stated Contract duration. Actual purchases under this proposal will be made as needed by the County based on the following considerations:

The type and cost of material available at the vendor’s plant when needed;

Quality of products available;

The distance to the point of use by the County for ultimate cost considerations.

The County may not be able to take continuous production depending on truck availability and travel distance.

Every effort will be made to cooperate with the vendor’s scheduling needs.

Measurement will be per ton. Scales shall be easily accessible and certified at least every six months, with a copy of the certification sent to Lewis County Contract Administration.

Payment will be made according to State Statute within 45 days of invoice receipt, provided that the invoice prices are as quoted.

5. TAX PROVISIONS

Washington State sales tax will not be considered a part of the unit price. State sales tax will be added as a separate item on the invoice for each purchase.

PROPOSAL FOR 2027 - ROAD SURFACING MATERIALS Page 3 of 5

PROPOSAL

ROAD SURFACING MATERIALS

ALL ITEMS BID ON THIS PAGE ARE FOR MATERIALS FURNISHED AND LOADED BY THE VENDOR AND

HAULED BY THE COUNTY

VENDOR NAME:

The undersigned hereby certifies that they have read the requirements and thoroughly understand the same and propose as follows:

Item

Price Per Ton

WSDOT/APWA Sec. 5-04

1. Asphalt Cold Mix $

2. HMA CL. 3/8 IN. PG 58H-22 $

3. HMA CL. 3/8 IN. PG 64-22 $

4. HMA CL. 1/2 IN. PG 64-22 $

5. COMMERCIAL HMA $

Item Price Per Bag

6. Asphalt Cold Mix $

ASSURANCE OF NON-DISCRIMINATION

The undersigned hereby agrees that its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any disability.

Implementation of this provision shall be consistent with RCW 49.60.400.

It is the policy of Lewis County that no person shall, on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against, under any of its Federally funded programs and activities. Any person who believes his/her Title VI protections have been violated may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our nondiscrimination obligations, please contact Lewis County’s Title VI Coordinator at 360-740-2612.

PROPOSAL FOR 2027 - ROAD SURFACING MATERIALS Page 4 of 5

Vendor Certification

The undersigned bidder hereby agrees to furnish the items listed on this proposal from January 1, 2027, through December 31, 2027, at the quoted prices.

Bid submitted by:

[Company Name]

State Pit No. Expiration Date:

Note: The vendor shall provide the Pit Number and Section / Township / Range as identified in WSDOT’s Aggregate Source Approval Database. *A copy of the Pit Scale Certification is also required, if applicable*

U.B.I. No.

** Receipt is hereby acknowledged of addendum(s) No.(s) ________, ________, & ________

Signature of Authorized Official(s):

Proposal Must be Signed

Mailing Address:

Phone Number: Date of Bid:

Email Address:

Vendor’s Location :

Emergency / After Hours Contact:

Note:

This proposal form is not transferable, and any alteration of the firm’s name entered hereon without prior permission from the Lewis County Engineer will be cause for considering the proposal irregular and subsequent rejection of the bid.

*Attach proof of authority to sign in accordance with Section 1-02.6 of the Standard Specifications, if applicable.

PROPOSAL FOR 2027 - ROAD SURFACING MATERIALS Page 5 of 5

EXHIBIT A

SUPPLY CONTRACT

2027 – ROAD SURFACING MATERIALS

January 1, 2027 to December 31, 2027

THIS CONTRACT, made and entered into this day of , 2027, between the COUNTY OF LEWIS, State of Washington, acting by and through its PUBLIC WORKS Department, with its principal offices at 57 W. Main St., Chehalis, Washington, 98532, hereinafter called “the County”, and with its principal office at

, hereinafter called “the Vendor”.

WITNESSETH:

That, in consideration of the payments, covenants, and agreements hereinafter mentioned and attached, and made a part of this agreement, to made and performed by the parties hereto; the parties hereto covenant and agree as follows:

1. The Vendor shall provide to the County, and the County shall obtain from the Vendor those surfacing material products described and set forth in the “Request for Bids” and “Proposal”, copies of which are attached hereto as Appendix A and by reference incorporated herein.

2. The County shall pay the Vendor for those products obtained pursuant hereto those prices set forth in Vendor’s proposal (Appendix A), PROVIDED, however, that should any prices increase or decrease during the contract period, the vendor shall notify the Lewis County Engineer in writing at least thirty (30) days prior to the effective change date. The County shall have the right to verify the prices charged to the Vendor for such products at the time of their delivery to the County by contacting the Vendor’s major supplier.

3. Orders will be placed based on the location of the job and the location of the vendor’s mixing plant facility and/or aggregate stockpiles, which will determine the cost to the County for hauling, in addition to the material cost. A vendor other than the low bidder may be used depending upon the availability of the product required by the County.

4. Invoices – The Vendor shall submit invoices to Lewis County Public Works administration email address lisa.delio@lewiscountywa.gov for each Purchase Order. Invoices shall contain the following information: contract name, purchase order number, description of materials, quantities, unit prices, material ticket number, extended totals, and other information required by the County. The County will not be bound by prices contained in an invoice that are higher than those set out in the Proposal unless the price increase is accepted in writing by the County.

Washington State sales tax will not be considered a part of the unit price. State sales tax will be added as a separate item on the invoice for each purchase.

5. Documentation – Documentation for tickets, weighing equipment (scale certifications), and daily summary reports shall be in accordance with Section 1-09.2 of the 2026 Standard Specifications for Road, Bridge, and Municipal Construction. Paper tickets will be allowed, in lieu of E-ticketing if all information as specified in Section 1-09.2 is provided on the ticket.

6. Amendments and Changes of Work - No amendment or modification shall be made to this Contract, unless set forth in a written Contract Amendment signed by both parties. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the County.

7. Hold Harmless and Indemnification - The Vendor shall hold harmless, indemnify, and defend the County, its officers, officials, employees, and agents from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs, expenses, expert witness fees, and attorney’s fees in defense thereof, for injury, sickness, disability, or death to persons or damage to property or business, caused by or arising in connection with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the Vendor or its sub-vendors or their property upon or in the proximity of the property of the County. PROVIDED HOWEVER, that the Vendor’s obligations hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the County, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the Vendor’s obligations hereunder shall apply only to the percentage of fault attributable to the Vendor its employees, agents, or sub-vendors.

In any and all claims against the County, its officers, officials, employees and agents by any employee of the Vendor, sub-vendor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Vendor or sub-vendor under Worker’s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the Vendor expressly waives any immunity the Vendor might have had under such laws, including but not limited to Title 51 of the Revised Code of Washington. By executing the Contract, the Vendor acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any contract the Vendor makes with any sub-vendor or agent performing work hereunder. Vendor’s obligation under this Section V. shall survive termination and expiration of this Contract.

The Vendor’s obligations hereunder shall include, but are not limited to, investigating, adjusting, and defending all claims alleging loss from action, error, or omission, or breach of any common law, statutory, or other delegated duty by the Vendor, the Vendor’s employees, agents, or sub-vendors.

8. Insurance -

a. Workers’ Compensation (Industrial Insurance): The Vendor shall maintain workers’ compensation insurance as required by Title 51 RCW and shall provide evidence thereof to County within the sooner of two (2) business days after date last executed below or the date Vendor begins work under this contract.

b. Commercial General Liability: At all times during the term of this contract, the Vendor shall maintain Commercial General Liability coverage for bodily injury, personal injury, and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000.

i. Within the sooner of two (2) business days after date last executed below or the date Vendor begins work under this CONTRACT, the Vendor shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract.

Specialized forms specific to the industry of the Vendor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage.

ii. The Vendor’s Commercial General Liability insurance shall include the County, its officers, officials, employees, and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the County as additional insured.

iii. Within the sooner of two (2) business days after date last executed below or the date Vendor begins work under this contract, the Vendor shall furnish the County with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the County as an additional insured.

iv. If the Vendor’s liability coverage is written as a claims made policy, then the Vendor must evidence the purchase of an extended reporting period or “tail” coverage for a three-year period after project completion or otherwise maintain the coverage for the three-year period.

c. Verification of Coverage and Acceptability of Insurers: The Vendor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.

i. Certificates of Insurance shall show the Certificate Holder as Lewis County and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department.

ii. Written notice of cancellation or change shall be mailed to the COUNTY at the following address:

Name: Contract Administration Agency: Lewis County Public Works Address: 57 W. Main St.

City: Chehalis State: WA Zip: 98532 Email: PWContractAdmin@lewiscountywa.gov Phone: 360-740-1182 Facsimile:

iii. The Vendor shall furnish the County with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the County.

The Vendor or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of Lewis County.

9. Termination - The County may terminate this Contract for convenience in whole or in part whenever the County determines, in its sole discretion, that such termination is in the best interests of the County. The County may terminate this Contract upon giving ten (10) days’ written notice by Certified Mail to the Vendor. In that event, the County shall pay the Vendor for all properly authorized materials supplied by the Vendor in performing the Contract, that are satisfactory to the County, up to the date of such notice. Payment shall be made in accordance with Section 2 of this Contract.

In the event funding for this Contract is withdrawn, reduced, or limited in any way after the effective date of this Contract, the County may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the County to the Vendor. After the effective date, no charges incurred under this Contract are allowable.

If the Vendor breaches any of its obligations hereunder and fails to cure the breach within ten (10) days of written notice to do so by the County, the County may terminate this Contract, in which case the County shall pay the Vendor only for the costs of services accepted by the County, in accordance with Section 2 of this Contract, less the costs, if any, to obtain performance of the work elsewhere. Upon such termination, the County, at its discretion, may obtain performance of the work elsewhere, and the Vendor shall bear all costs and expenses incurred by the County in completing the work and all damage sustained by the County by reason of the Vendor’s breach. If, subsequent to termination, it is determined for any reason that (1) the Vendor was not in default, or (2) the Vendor’s failure to perform was not its fault or its sub-vendor’s fault or negligence, the termination shall be deemed to be a termination for convenience.

10. Independent Status of Vendor - The Vendor’s services shall be furnished by the Vendor as an

Independent Vendor and not as an agent, employee, nor servant of the County. The Vendor specifically has the right to direct and control Vendor’s own activities in providing the agreed services and materials in accordance with the specifications set out in this Contract.

The Vendor acknowledges that the entire compensation for this Contract is set forth in Section 2 of this Contract, and the Vendor is not entitled to any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to Lewis County employees.

The Vendor shall have and maintain complete responsibility and control over all its sub-vendors, employees, agents, and representatives. No sub-vendor, employee, agent, or representative of the Vendor shall be or deem to be or act or purport to act as an employee, agent, or representative of the County.

The Vendor shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal, or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the Vendor and as to all duties, activities, and requirements by the Vendor in performance of the work on this project and under this Contract and shall assume exclusive liability therefore and meet all requirements thereunder pursuant to any rules or regulations.

11. Compliance With Laws - The Vendor shall comply with all applicable federal, state, and local laws, rules, and regulations in performing this Contract.

12. Nondiscrimination - The Vendor its assignees, delegates, or sub-vendors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any disability.

Implementation of this provision shall be consistent with RCW 49.60.400.

13. Disputes - Differences between the Vendor and the County arising under and by virtue of this Contract shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due to the Vendor shall be decided by the County’s Contract representative or designee. All rulings, orders, instructions, and decisions of the County’s contract representative shall be final and conclusive, subject to the Vendor’s right to seek judicial relief pursuant to Section 14.

14. Choice of Law, Justice and Venue - This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance.

Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Lewis County, Washington.

15. Severability - If a court of competent jurisdicƟon holds any part, term, or provision of this Contract to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parƟes’ rights and obligaƟons shall be construed and enforced as if the Contract did not contain the parƟcular provision held to be invalid.

If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperaƟve and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision.

Should the County determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exist, the County may, in its sole discretion, terminate this Contract.

16. Entire Agreement - The parƟes agree that this Contract is the complete expression of its terms and condiƟons. Any oral or wriƩen representaƟons or understandings not incorporated in this Contract are specifically excluded.

17. Authority - The parties each acknowledge, represent, and warrant that they have the full right, power, and authority to enter into this Contract. Each person signing this agreement on behalf of an entity represents and warrants that he or she has the full right, power, and authority to bind their respective entity, their respective entity has approved this Contract and authorized them to sign it, and their respective entity is duly formed and in good standing.

18. Jointly Drafted - This Contract was negotiated and drafted jointly by the parties, and it shall not be construed against either party in case of any dispute.

19. Debarment and Suspension - Vendor represents and warrants that, as of the execution of this Contract, neither Vendor nor any sub-vendor performing work under this Contract (at any tier) is included on the federally debarred bidder’s list listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” If at any point during Contract’s term Vendor or any sub-vendor performing work at any tier is included on the federally debarred bidder’s list, Vendor shall notify the County immediately. Vendor’s completed Debarment Certification is attached hereto and incorporated herein.

The parties hereto acknowledge that the waiver of immunity set out in Section 7 was mutually negotiated and specifically agreed to by the parties herein.

For Board of County Commissioners Lewis County, Washington Vendor:

By: By:

County Engineer Signature:

(Authorized RepresentaƟve)

Date: Date:

Title:

Address: