4-H_Barn_Restoration_Project_RFP.pdf

Facilities

Call for Bids

CFP 31-2501 Grant

4-H BARN RESTORATION PROJECT RFP

Lewis County

FACILITIES

Project: 4-H Barn Restoration Project RFP, CFP 31-2501 Grant

Effective Date: undefined

1. Introduction

1.1. Summary

The SWW Fair has received State Grant funding through the Washington State Department of

Agriculture Fairs Program for $237,500 to improve the roof and repair the 4-H Barn at the

Southwest Washington Fairgrounds.

This is a Request for Proposals (RFP) from qualified contractors to perform structural and roofing improvements on the 4-H Barn located at the Southwest Washington Fairgrounds in

Chehalis, WA

Lewis County is accepting electronic submissions exclusively through OpenGov. Those wishing to submit a proposal must create a free account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

After completing an account registration, proposals can be completed at:

https://procurement.opengov.com/portal/lewiscountywa/projects/153044

Only contractors accepted to a small works roster before a project-specific roster is generated can be invited to bid and be awarded a small works contract.

PROPOSALS MUST BE DELIVERED BY OR BEFORE 12:00 PM ON MARCH 28, 2025

(PROPOSALS SUBMITTED AFTER 12:00 PM PACIFIC TIME WILL NOT BE

CONSIDERED FOR THIS PROJECT.) The proposal must be submitted electronically through the procurement portal at: https://procurement.opengov.com/portal/lewiscountywa per the plans, specifications, and other documents available through the procurement portal.

A mandatory site walk-through will be on March 18, 2025, 10:00 am at 1909 South Gold Street, Centralia WA 98531

Question Submission Deadline:

March 23, 2025, 8:00 pm

Proposal Submission Deadline:

https://procurement.opengov.com/portal/lewiscountywa/projects/153044 https://procurement.opengov.com/portal/lewiscountywa

March 28, 2025, 12:00 pm

For more information about the project and submittal requirements, contact Matt Patana, Project

Manager, at 360-219-6147 or email matt.patana@lewiscountywa.gov.

The Lewis County Capital Facilities Department in accordance with Title VI of the Civil Rights

Act of 1964, (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, herby notifies all respondents that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Lewis County is an equal opportunity and affirmative action employer. Minority, veteran, and women-owned firms are encouraged to submit a statement of qualifications.

This project is funded through a grant and must adhere to all prevailing wage requirements and applicable building codes.

1.2. Background

This project is grant funded. It is critical that this project is completed no later than May 31, 2025 to ensure funding is available. This project directly affects the community and its youth.

1.3. Contact Information

Matt Patana

Consultant

2690 NE Kresky Ave

Chehalis, WA 98532

Email: matt.patana@lewiscountywa.gov

Phone: (360) 219-6147

Department:

Facilities

Department Head:

Alex Murray

Facilities Administrator

1.4. Timeline

Release Project Date March 13, 2025

Pre-Proposal Meeting (Mandatory) March 18, 2025, 10:00am

1909 South Gold Street, Centralia WA 98531 mailto:matt.patana@lewiscountywa.gov tel:(360)219-6147

Question Submission Deadline March 23, 2025, 8:00pm

Proposal Submission Deadline March 28, 2025, 12:00pm

2. Project Details

2.1. Important Instructions for Electronic Submittal

Lewis County, Facilities, is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup.

Once you have completed account registration, browse back to this page, click on "Submit

Response", and follow the instructions to submit the electronic bid.

2.2. Project Details

Lewis County Facilities Department is requesting proposals, for needed repairs, to the 4-H Barn located on the Southwest Washington Fairgrounds. Please see exhibit A for the established goals of the project.

The primary objectives of this project include:

A. Foundation & Structural Repairs o Pour footing and stem-wall (South Side of Barn) capable of supporting the wall structure.

o Replace any damaged or non-code-compliant issues with the south wall.

o Install exterior metal siding with 3’ exposed fastener, minimum 29-gauge metal

(color to be determined by the county) to all 4 sides of building.

B. South Wall Modifications (reuse and rehang role up doors on south wall) o Frame in a man door on the south wall, west of the nearest roll-up door.

o Re-sheet the south wall (interior) up to the rafters using ½” OSB.

o Apply ¾” PT plywood on the bottom 16” tall.

C. East Wall Improvements o Re-sheet the east wall up to the window area using ½” OSB or plywood.

o Apply ¾” PT plywood on the bottom 16”.

D. Roofing Replacement o Remove existing sheet metal roofing (prevailing wage and proper safety protocols required).

https://procurement.opengov.com/signup o Install new plywood or OSB sheathing as determined by code over truss components with identical overhangs.

o Apply white composition roofing with the following specifications:

▪ ½” sheeting over rafters

▪ Specified felt thickness (to be determined)

▪ Manufacturer’s warranty of 30 years

▪ Workmanship warranty of 5 years

E. Structural & Exterior Enhancements o Identify and replace all compromised eaves, fascia, exposed overhangs, and rafter tails.

o Remove, reuse, replace, or install gutters as necessary to complete the system.

o Salvage and reinstall exhaust fans where possible.

F. Door Purchase & Entryway Framing and Installations o Install two (2) 8x8x14 PT beams to support garage doors.

o Install two (2) 12’ x 10’ metal sliding doors on the east and west sides of the center dividing wall.

o Install a 12’ x 12’ metal garage door centered in the dividing wall between the sliders.

o Install a man door on the northwest side of the 60’ wide portion of the building.

o Replace current sliders with 14’ wide by 10’ tall metal garage doors on the center entrances of the east and west sides.

G. Floor Resurfacing o Resurface the entire floor of south barn by adding one lift of asphalt.

▪ INCLUDE LINE-ITEM COST OF INCLUDING NORTH BARN FLOOR.

o Eliminate tripping hazards and raise portions of the building as needed.

H. The contractor shall obtain all required permits for structural, civil, engineering, and architectural work in compliance with the regulations set forth by the Authority

Having Jurisdiction (AHJ). If drawings are required, the contractor is responsible for obtaining all necessary structural, civil, or architectural engineering services as required by the "AHJ".

2.3. Eligibility Criteria

Vendor must be License, Bonded, and Insured. Vendor must be an active member of the MRSC

Small Works Roster.

*This project requires Prevailing Wage, please ensure this is confirmed in submitted proposals.

2.4. Applicant and Application Requirements

Proposals must be submitted electronically through https://procurement.opengov.com/signup

2.5. Decision Making Process

A. Proposals for this project will be reviewed 3/28/2025 at 12pm or later.

B.

C. Lewis County, in its sole judgment, reserves the right to determine which proposals best meet the County’s needs. The County retains the right to reject any or all proposals or to waive formalities with or without cause.

https://mrscrosters.org/ https://procurement.opengov.com/signup

3. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Proposal

The proposal reflects the desired outcome of the project and aligns with the goals of the county.

Points Based 10 (50% of Total)

2. Completion Date

Vendors committing to a completion date of

April 30th will receive 10 points, a completion date of May 15th will receive 7 points, and a completion date of June 15 will receive 5 points.

Points Based 10 (50% of Total)

4. Proposed Estimated Budget

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Roof Sheet Metal Removal 1 1

2 Roof Sheeting 1 1

3 Structural repair contingency or per unit rate (NOT including South Wall) 1 1

4 Wall repair and framing south wall, south barn.

1 1

5 Footing and stem wall, south wall of south side.

1 1

6 Exterior metal siding and flashing south barn.

1 1

7 Doors, all framing for and installation of Doors (Man, Roll Up, Slider, Garage)

1 1

8 Floor resurfacing, 1 lift asphalt, South

Barn.

1 1

9 Floor resurfacing. Surface prep and asphalt for North Barn.

1 1

TOTAL

5. General Conditions (Reference Only)

5.1. Scope of Contractors Services

The Contractor agrees to provide to the County services and any material set forth in the project narrative identified as Exhibit "A” during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement.

5.2. Accounting and Payment for Contractor Services

Payment to the Contractor for services rendered under this Agreement shall be as set forth in

Exhibit "B". Where Exhibit "B” requires payments by Lewis County, payment shall be based upon billings, supported unless otherwise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number days worked each month, total number of hours for the month, and total dollar payment requested. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for Lewis County (hereinafter referred to as the "Contracting

Officer”), the County will not reimburse the Contractor for any costs or expenses incurred by the

Contractor in the performance of this contract.

Where required, the County shall, upon receipt of appropriate documentation, compensate the

Contractor, no more often than weekly through the County voucher system for the Contractor’s service pursuant to the fee schedule set forth in Exhibit "B".

5.3. Assignment and Subcontracting

No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the Contracting Officer or as set forth in

Exhibit “A”

5.4. Labor Standards and Contract Assistance

The Contractor shall comply with the provisions of the Lewis County Contract and Procurement

Assistance Program as applicable, attached hereto as “Special Conditions”.

5.5. Independent Contractor

The Contractor’s services shall be furnished by the Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The

Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit

"B" and the Contractor 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, or any other rights or privileges afforded to Lewis County employees.

Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph.

5.6. Safety; Familiarity with Site

Contractor understands that safety is a high priority. Prior to the commencement of work or providing services, Contractor will, at its own expense and to the extent it determines is necessary to safeguard itself and its employees and agents, become familiar with the Site, its operations, and any safety rules or guidelines. In addition, Contractor will meet all OSHA, WISHA, and other applicable Federal and State requirements regarding safety. County shall not be responsible for the manner in which Contractor (1) provides and completes its work; and (2) analyzes the need for and implements safety procedures. County delegates to Contractor, and

Contractor agrees to assume, any duty County has to exercise reasonable care to make the premises and work area safe, and Contractor agrees to: abide by all applicable laws, be solely responsible for health and safety of all persons providing service, and create and post a site-specific worker safety plan in advance of gaining access to the work area. Contractor represents that it is a professional company with the knowledge and experience to reasonably assume such a delegation and to work in the presence of any known or obvious dangers by taking appropriate precautions and by using and providing proper equipment for itself and its employees

5.7. No Guarantee of Employment

The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the

Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future.

5.8. Taxes

The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the

Contractor to make the necessary estimated tax payments throughout the year, if any, and the

Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement.

The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor’s gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax.

5.9. Regulations and Requirement

This Agreement shall be subject to all laws, rules, and regulations of the United States of

America, the State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth in Special Conditions.

5.10. Prevailing Wages

Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wage rates for the locality or localities of the Work, is determined by the Industrial Statistician of the

Department of Labor and Industries. It is the Contractor’s responsibility to verify the applicable prevailing wage rate.

Each Application for Payment submitted by Contractor shall state that prevailing wages have been paid in accordance with the pre-filed statement(s) of intent, as approved. Copies of the approved intent statement(s) shall be posted on the job site with the address and telephone number of the Industrial Statistician of the Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made.

In compliance with chapter 296-127 WAC, Contractor shall pay to the Department of Labor and

Industries the currently established fee(s) for each statement of intent and/or affidavit of wages paid submitted to the Department of Labor and Industries for certification.

In addition, the Contractor shall file weekly certified payroll records with the Department of

Labor and Industries, as required by RCW 39.12.120

5.11. Right to Review

This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Contracting Officer. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this

Agreement for 3 years after contract termination, and shall make them available for such review, within Lewis County, State of Washington, upon request.

5.12. Modifications

Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties.

5.13. Termination for Default

If the Contractor defaults by failing to perform any of the obligations of the contract or cannot perform because of regulatory order or failure to comply with regulatory requirements, including but not limited to applicable licensing laws, or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or make an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until work called for, as may be applicable under Exhibit “A”, has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, as may be applicable under Exhibit “A”, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default.

If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.

5.14. Termination for Public Convenience

The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County.

5.15. Defense & Indemnity Agreement

To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold the

County and its departments, elected and appointed officials, agents, and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney’s fees and alternative dispute resolution costs which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the Contractor, its employees, agents or volunteers, and/or Contractor’s subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from or in connection with performance of this

Agreement; or 3) are based upon the Contractor’s or its subcontractors’ use of, presence upon or proximity to the property of the County. Contractor’s indemnity obligations shall extend to, but shall not be limited to, claims for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom).

This indemnification obligation of the Contractor shall not apply if the claim, damage, loss or expense is caused by the sole negligence of the County. In the event of the concurrent negligence of the Contractor, its subcontractors, employees or agents, and the County, its employees or agents, this indemnification obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, employees and agents. This indemnification obligation shall not be limited in any way by the Washington State Industrial

Insurance Act, RCW Title 51, or by application of any other workmen’s compensation act, disability benefit act or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the

Contractor are a material inducement to County to enter into this Agreement, are reflected in the

Contractor’s compensation, and have been mutually negotiated by the Parties.

5.16. Participation by County – Right to participate; Survival of Contractor’s Indemnity

Obligations; Indemnity for Subcontractors

The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and any such participation shall not constitute a waiver of

Contractor’s indemnity obligations under this Agreement.

The Contractor agrees all Contractor’s indemnity obligations shall survive the completion, expiration or termination of this Agreement.

In the event the Contractor enters into subcontracts to the extent allowed under this Agreement, the Contractor shall include as a requirement in each such contract that Contractor’s subcontractors shall indemnify the County on a basis equal to or exceeding Contractor’s indemnity obligations to the County.

5.17. Venue and Choice of Law

In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the

State of Washington in and for the County of Lewis. This Agreement shall be governed by the law of the State of Washington.

5.18. Withholding Payment

In the event the Contractor has failed to perform any substantial obligation to be performed by the Contractor under this Agreement and said failure has not been cured within the times set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherwise adjudicated.

5.19. Liquidated Damages (Not a Penalty)

Because breach and/or non-performance by Contractor may cause County to incur economic damages and losses of types and in amounts which are incapable or very difficult to ascertain with certainty in advance as a basis for recovery of actual damages, in the event Contractor has not fully completed work pursuant to and by the deadline set forth in this Agreement, Contractor shall pay County liquidated damages in the amount of $500.00 per day for every day past the agreed end date NO VALUE. The parties believe said amount represents a fair, reasonable, and appropriate forecast of just compensation for the harm caused by a breach. Such liquidated damages are intended to represent estimated actual damages as contemplated by the parties at the time of entering into this Agreement and are not intended as a penalty.

5.20. Payment and Performance Bond

Payment and performance bonds for 100% of the Contract Sum, including all Change Orders and state sales tax, shall be furnished for the Work, and shall be in a form acceptable to the

Owner. No payment or performance bond is required if the Contract Sum is $35,000 or less and

Contractor agrees that Owner may, in lieu of the bond, retain 50% of the Contract Sum for the period allowed by RCW 39.08.010. Bond shall be received prior to commencement of work.

5.21. Future Non-Allocation of Funds

If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the

County in the event this provision applies.

5.22. Nature of the Work

County delegates to Contractor, and Contractor agrees to assume, any duty County has to exercise reasonable care to make the premises and work area safe, and Contractor agrees to:

abide by all applicable laws, be solely responsible for health and safety of all persons providing service, and create and post a site-specific worker safety plan in advance of gaining access to the work area. Contractor represents that it is a professional company with the knowledge and experience to reasonably assume such a delegation and to work in the presence of any known or obvious dangers by taking appropriate precautions and by using and providing proper equipment for itself and its employees.

5.23. Contractor Commitments, Warranties and Representations

Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

5.24. Authority

Contractor acknowledges, represents, and warrants that it has the full right, power, and authority to enter into this agreement. 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 Agreement and authorized them to sign it, and their respective entity is duly formed and in good standing.

5.25. Patent/Copyright Infringement

Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following:

A. That Contractor shall be notified promptly in writing by County of any notice of such claim.

B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the

County the right to continue using the information in the event such claim of infringement is made, provided no reduction in performance or loss results to the County.

5.26. Disputes

General

Differences between the Contractor and the County arising under and by virtue of the Contract

Documents 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. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Contracting Officer, shall be final and conclusive.

A. Notice of Potential Claims

The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Contracting Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim.

Contractor shall keep full and complete daily records of the Work performed, Labor and material used, and all costs and additional time claimed to be additional.

B. Detailed Claim

The Contractor is not entitled to claim any such additional compensation, or extension of time, unless within 30 days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the

County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due.

5.27. Attorneys Fees, Expenses, and Costs

Should any legal proceeding be commenced between or by the Parties concerning or related to this Agreement or the rights and duties of either in relation to this Agreement, the Party prevailing in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for such Party’s reasonable attorneys’ fees, expenses, and costs actually incurred and paid.

5.28. Ownership of Items Produced

All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the County.

5.29. Confidentiality

In the event that the Contractor comes in contact with or obtains knowledge of confidential information, the Contractor shall maintain the confidentiality of all obtained information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Lewis County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision.

5.30. Public Records Law and Records Maintenance

The Contractor shall assist the County in timely and fully fulfilling all of County’s obligations under the Washington Public Records Act and/or any other authority by timely and fully responding and providing documents and records in response to County’s request for the same. In the event that Contractor fails to fully fulfill its obligations pursuant to this section and should a court impose a fine, penalty, sanction, and/or judgment against County for violation of said law, Contractor shall indemnify the County for the same, immediately pay County to satisfy the same together with all costs and attorney’s fees incurred by County. The obligations created by this section shall survive the termination of this agreement.

The Contractor shall keep and maintain all books, records, documents, data, and other evidence relating to this contract and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract (“Records”).

Contractor shall permit County to review the Records at Contractor’s place of business during normal working hours. Contractor shall retain such Records for a period of seven (7) years following the date of final payment.

If any litigation, claim, or audit is commenced, Contractor shall cooperate with County and assist in the production of all such Records. If any litigation, claim, or audit is started before the expiration of the seven- (7) year period, Contractor shall retain the Records for a period of seven

(7) years after all litigation, claims, or audit findings involving the Records have been finally resolved.

For purposes of this AGREEMENT, Records includes every writing or record of every type and description including electronically stored information (“ESI”) that is in Contractor’s possession, control, or custody, including, without limitation, any and all correspondences, contracts, agreements, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, telephone conversations, and any and all other taped, recorded, written, printed, or typed matters of any kind or description; and every copy of the foregoing whether or not the original is in Contractor’s possession, custody, or control, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.

For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the

Contractor may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that Contractor uses in the performance of its work or services hereunder, including any personal devices used by the Contractor or any sub-consultant at home.

“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified.

Contractor shall include this section “Records Maintenance” in every subcontract it enters into in relation to this Agreement and bind the sub-contract to its terms.

5.31. Notice

Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the Contract Manager for whom services are rendered, to wit: _______________, _______________, 351 NW North Street, Chehalis, Washington 98532-1900. Notice to the Contractor for all purposes under this

Agreement shall be given to the address reflected above. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid.

5.32. Severability

If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable.

This Agreement does not violate any known federal or state statute, rule, regulation, or common law. However, any provision that is found to be invalid or in violation of any statute, rule, regulation, or common law shall be considered null and void, with the remaining provisions remaining viable and in effect.

5.33. Waiver

Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.

5.34. Survival

The provisions of this Agreement which by their nature are reasonably intended to survive the expiration of this Agreement shall so survive, including paragraphs 2.5, 2.8, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 2.19, 2.24, 2.26, 2.27, 2.28, 2.29, 2.30, 2.31, 2.32, 2.33, and 2.34, notwithstanding the termination or invalidity of any other portion of this Agreement for any reason.

5.35. Time

With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence.

5.36. Entire Agreement

This written contract, including all special provisions and attachments, represents the entire

Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties.

5.37. Interpretation of the Agreement

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

6. Basic Insurance (Reference Only)

Basic Insurance Coverage

INSURANCE REQUIREMENTS

Without limiting Contractor’s indemnification of County, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this

Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to County.

General Liability Insurance, using a standard ISO CG 00 01 occurrence form, including premises, operations, products and completed operations, contractual liability with limits not less than $1,000,000. per occurrence, $2,000,000 General Aggregate and $2,000,000 Products–

Completed Operations Aggregate for bodily injury, personal injury, and property damage.

Coverage shall include Employers Liability (stop gap).

The Commercial General Liability Coverage shall include the following endorsements:

The County, its Board, officers, agents and employees shall be included as Additional Insureds either by specific endorsement naming these parties or a blanket additional insured endorsement applicable “when required by written contract or agreement”

Primary, Non-contributory endorsement, both in favor of the County, its Board, officers, agents and employees or a blanket waiver of subrogation endorsement applicable “when required by written contract or agreement”.

The Commercial General Liability Coverage shall not include the following endorsements:

i) Amendment of Contractual Liability

ii) Total Pollution Exclusion

iii) Cross Suits Liability Exclusion

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability Such policy or policies shall include the following terms and conditions:

• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;

• Pay on behalf of wording as opposed to reimbursement;

• Concurrency of effective dates with primary policies; and

• Policies shall “follow form” to the underlying primary policies.

• Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation

Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least

$1,000,000) for Contractor ’s employees in accordance with the laws of the State of Washington.

In addition, Contractor shall require each subcontractor to similarly maintain Workers’

Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the

State of Washington for all of the subcontractor’s employees .

Contractor shall submit to County, along with the certificate of insurance, a Waiver of

Subrogation endorsement in favor of County, its officers, agents, employees and volunteers.

Pollution liability insurance. [If required]

Builder’s risk insurance. Upon commencement of construction and with approval of County, Contractor shall obtain and maintain builder’s risk insurance as specified below.

The named insureds shall be Contractor, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, and County and its officers, officials, employees, and agents. Contractor shall not be required to maintain property insurance for any portion of the

Project following transfer of control thereof to County.

Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to County to ensure adequacy of terms and sublimits.

Proof of insurance. Contractor shall provide certificates of insurance to County as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by County prior to commencement of performance. Current certification of insurance shall be kept on file with County at all times during the term of this contract. County reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. County and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

County’s rights of enforcement. In the event any policy of insurance required under this

Agreement does not comply with these requirements or is canceled and not replaced, County has the right but not the duty to obtain the insurance it deems necessary and any premium paid by

County will be promptly reimbursed by Contractor or County will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, County may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of

Washington, with an assigned policyholders’ Rating of A- (or higher) and Financial Size

Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the County.

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

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the County to inform Contractor of non-compliance with any requirement imposes no additional obligations on the County nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to County with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that

County and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

County’s right to revise requirements. The County reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the

Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the County and Contractor may renegotiate

Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by

County. County reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by County.

Timely notice of claims. Contractor shall give County prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

7. Vendor Submissions

7.1. Proposal Requirements*

Did you read through and confirm that you met all of the proposal requirements including the sections:

A. Project Details

B. Eligibility Criteria

C. Applicant and Application Requirements

D. Decision Making Process

E. Proposed Estimated Budget

☐ Yes

☐ No

*Response required

7.2. Are you a current member of the MRSC?*

☐ Yes

☐ No

*Response required

7.3. Applicant General Information

Applicants must include the following information and attachments to be considered.

7.3.1. Contact name, phone number, and email address*

*Response required

7.3.2. Physical and mailing addresses*

*Response required

7.3.3. Washington State Business License number*

*Response required

7.3.4. Proof of minimum required insurance*

Please see the attachment titled "Exhibit C: Insurance Coverage" for more information.

*Response required

7.3.5. Narrative Description of Proposed Project*

Provide a narrative description of the proposed project/program, including:

• Eligible activities

• Services to be provided

• Population to be served

• Inter-agency collaboration

• Project goals

*Response required

7.4. Additional Required Documents

A completed Non-Collusion Affidavit and Local Risk Assessment are both submittal requirements to be considered for this project.

7.4.1. Non-Collusion Statement*

Please download the below documents, complete, and upload.

• Non-Collusion_Statement_For...

*Response required…