Bid Notice-Portable Generator Electrical Engineer Project.pdf

PORT OF LONGVIEW

Procurement Division 10 International Way Longview, WA 98632

(360) 425-3305

REQUEST FOR QUALIFICATIONS

Project No.: 26-070-AE

PORTABLE GENERATOR ELECTRICAL ENGINEERING SERVICES

REQUEST FOR QUALIFICATIONS (RFQ) RELEASE DATE

October 20, 2026 PDT

PRE-SUBMITTAL MEETING

N/A

QUESTIONS/CLARIFICATIONS DEADLINE

Date: October 30, 2026 Time: no later than 5:00 p.m. PDT

SUBMITTAL DUE DATE AND TIME

Date: November 17, 2026 Time: no later than 5:00 P.M. PDT

RFQ COORDINATOR & CONTACT PERSON

Kara Metzger Contracts and Grants Administrator kmetzger@portoflongview.com

(360) 425-3305 ext. 254 mailto:kmetzger@portoflongview.com

Solicitation No.: 26-070-AE Advertisement Portable Generator Electrical Engineer Services

LEGAL ADVERTISEMENT

PORT OF LONGVIEW

REQUEST FOR QUALIFICATIONS # 26-070-AE

PORTABLE GENERATOR ELECTRICAL ENGINEER

Notice is hereby given that the Port of Longview is soliciting qualifications from consultants for the Portable Generator Electrical Engineer project until 5:00 p.m., November 17, 2026. To access the solicitation documents, please visit the Port’s website at http://www.portoflongview.com/Bids.aspx.

The Port of Longview has received funding through the FEMA Pre-Disaster Mitigation (PDM) Grant Program for the purchase and installation of an emergency generator. The Port requires electrical engineering design support to complete this project.

The successful Consultant will design and provide plans and bidding support for an emergency portable generator on an existing building.

Submittals will be evaluated based on project team experience and qualifications (35%), project understanding and approach (35%), and project management and availability (30%).

Americans with Disabilities Act (ADA) Information The Port of Longview in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing Melissa McCabe at mmccabe@portoflongview.com or by calling collect (360) 703-0203.

Title VI Statement The Port of Longview, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for 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.

PUBLISHED: October 20, 2026

The Daily News Port of Longview Website Office of Minority and Women’s Business Enterprises (OMWBE)

PUBLISHED: October 21, 2026

Daily Journal of Commerce http://www.portoflongview.com/Bids.aspx mailto:mmccabe@portoflongview.com

Solicitation No.: 26-070-AE Table of Contents Portable Generator Electrical Engineer Services

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION

1.1 PORT OF LONGVIEW DESCRIPTION

1.2 STATEMENT OF WORK

1.3 DIVERSITY PARTICIPATION

1.4 TITLE VI STATEMENT

1.5 DEBARMENT AND SUSPENSION

SECTION 2 – GENERAL INFORMATION

RFQ COORDINATOR

ANTICIPATED PROCUREMENT SCHEDULE

PRE-SUBMITTAL MEETING

SOLICITATION DOCUMENTS AND ADDENDA

COST OF SUBMITTAL

INSURANCE

CONTRACT DOCUMENTS

PROPRIETARY OR CONFIDENTIAL INFORMATION

SECTION 3 – SUBMITTALS

SUBMITTAL REQUIREMENTS

SUBMITTAL INSTRUCTIONS

SECTION 4 – EVALUATION

EVALUATION PROCESS

AWARD AND CONTRACTING PROCESS

APPENDIX A – STATEMENT OF WORK

APPENDIX B – CONTRACT

APPENDIX C – SUPPLEMENTAL SUBMITTAL DOCUMENT

Solicitation No.: 26-070-AE Page 1 Portable Generator Electrical Engineer Services RFQ

SECTION 1 - INTRODUCTION

PORT OF LONGVIEW DESCRIPTION

The Port of Longview, a special purpose district established in the 1920’s, is the first full-service operating port with strategic transportation connections on the deep-draft Columbia River Federal navigation channel in southwest Washington State. The Port is a multi-cargo deep draft facility that includes eight marine terminals and waterfront industrial property with direct connections to main-line rail and interstate highway. Cargo handling specialties include all types of dry bulk cargos and breakbulk commodities such as steel, lumber, logs, project and heavy-lift cargo, providing cargos to and from domestic barge and international ocean vessels. For general information about the Port of Longview, please visit the Port’s website at:

https://www.portoflongview.com/

STATEMENT OF WORK

The anticipated scope of work is attached as Appendix A.

DIVERSITY PARTICIPATION

The Port strongly encourages the participation of minority, women-owned, veteran-owned, and small businesses, and Washington small businesses as prime Consultants or Subconsultants. No preference will be included in the evaluation of submittals, no minimum level of participation by these businesses shall be required as a condition of receiving an award, and submittals will not be rejected or considered non-responsive on that basis.

TITLE VI STATEMENT

The Port of Longview, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US. C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all prospective respondents that it will affirmatively ensure that 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.

DEBARMENT AND SUSPENSION

By submitting a response to this solicitation, Consultant certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, or declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting a response to this solicitation that it will include this clause without modification in all lower tier transactions, solicitations, proposals, submittals, agreements, contracts, and subcontracts. Where the offeror/consultant or any lower tier participant is unable to certify to this statement it shall attach an explanation to its response to this solicitation. The Port reserves the right to require Consultant to replace a sub-consultant or lower tier participant who cannot meet the foregoing certification requirements.

SECTION 2 – GENERAL INFORMATION

RFQ COORDINATOR

All questions and communication concerning this Solicitation must be directed to the RFQ Coordinator listed below. All oral communication will be considered unofficial and non-binding. Consultants are to rely only on written statements issued by the Port. Communication directed to parties other than the RFQ Coordinator may result in disqualification of the Consultant.

RFQ Coordinator: Kara Metzger Email Address: kmetzger@portoflongview.com Phone Number: (360) 425-3305, ext. 254

ANTICIPATED PROCUREMENT SCHEDULE

The activities and dates listed below represent the anticipated procurement schedule. The Port reserves the right to change the schedule.

Procurement Activity Date and Time (Pacific Time)

RFQ Release October 20, 2026

Pre-Submittal Meeting N/A

Questions and Requests for Clarifications October 30, 2026

Submittal Due Date and Time November 17, 2026

Interviews (if required) TBD https://www.portoflongview.com/

Solicitation No.: 26-070-AE Page 2

PRE-SUBMITTAL MEETING

No pre-submittal meeting will be held. Prospective respondents are responsible for raising any pertinent issues, seeking clarification, and submitting questions by the due date and time identified in the Procurement Schedule above. If interpretations, specifications, or other Solicitation concerns warrant a change or clarification, the RFQ Coordinator will do so by issuing an Addendum.

SOLICITATION DOCUMENTS AND ADDENDA

A. Solicitation documents may be accessed from the Port’s website at: https://www.portoflongview.com/Bids.aspx B. The Port may make changes to this RFQ and/or provide clarification to information stated within the document and questions asked by way of issuance of written addenda; all addenda issued may be accessed from the Port’s website at the same location as the original solicitation documents.

C. All addenda issued prior to the Submittal Due Date will become part of this RFQ and will be deemed to have been considered by the Consultant in its submittal.

D. Some third-party services independently post Port of Longview solicitations on their websites. The Port does not guarantee that such services have accurately provided Consultants with all information, particularly Addenda or changes to the submittal due date and time. It is the sole responsibility of the Consultant to ensure all addenda are received.

COST OF SUBMITTAL

All costs incurred before the Contract is fully executed in the preparation and presentation of the Consultant’s submittal and the contract negotiation process shall be borne by the Consultant.

INSURANCE

The successful Consultant will be required to obtain insurance to protect the Port in the event of any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Consultant or its Subconsultants, or their agents, while performing work under the terms of any Contract resulting from this solicitation. Consultants will find a complete description of the specific insurance requirements in the Contract document located in Appendix B.

CONTRACT DOCUMENTS

A. Qualifications submitted in response to this Solicitation are an offer to contract with the Port. This Request for Qualifications, Addenda, and the successful Consultant’s Submittal and scope of work will be incorporated by reference into the resulting Contract, hereinafter referred to as the Contract Documents.

B. The successful Consultant will be required to sign the Port’s Contract and a copy is provided in Appendix B for review. By offering a Submittal to provide the services described herein, the firm represents that it has carefully read the terms and conditions of the Contract and agrees to be bound by them.

2.8 PROPRIETARY OR CONFIDENTIAL INFORMATION

A. The Consultant’s Submittal is subject to the Washington State Public Records Act, RCW Chapter 42.56, and may be subject to public inspection. The Port will not disclose any information contained in competing Submittals or the number of Submittals received until after the Contract is awarded. The Port will keep information submitted through this process confidential to the extent allowed by state or federal law.

B. Any information in the submittal that the Consultant desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Consultant is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Making the entire submittal exempt from disclosure or as Proprietary Information will not be honored.

C. If a public records request is made for the information that the Consultant has marked as “Proprietary Information,” the Port will notify the Consultant of the request and of the date that the records will be released to the requester unless the Consultant obtains a court order enjoining that disclosure. If the Consultant fails to obtain the court order enjoining disclosure, the Port will release the requested information on the date specified. If a Consultant obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the Port shall maintain the confidentiality of the Consultant’s information per the court order.

SECTION 3 –SUBMITTALS

Respond to the following requirements in this section.

SUBMITTAL REQUIREMENTS

Responses to the Non-Cost Submittal must address every item listed and should be submitted in PDF format, not to exceed 10 single sided pages including cover letter and attachments. Consultants must also complete and provide the information identified https://www.portoflongview.com/Bids.aspx

Solicitation No.: 26-070-AE Page 3 in Supplemental Submittal Document in Appendix C, including the Acknowledgements page signed by an authorized representative. Appendix C, including the Acknowledgements page, cover page(s), resumes, and table of contents pages do not count towards the 10-page limit. Hyperlinks to additional information will be removed prior to submittals being evaluated.

A. Non-Cost Submittal Consultants must fully address the following criteria in accordance with the Submittal Instructions.

i. Project Team Experience & Qualifications.

a. Summarize the qualifications of the firm. Include number of years in business and relevant experience with emphasis on similar projects as described in the Statement of Work.

b. Provide comprehensive information regarding the track record of the firm in providing relevant services. Provide detailed descriptions and discuss the size and complexity of the projects, any special issues, and the technical challenges that were addressed. Include client name, comparison of project budget and final cost to client, comparison of original and actual project schedule, client contact information and telephone number.

c. Describe the team's experience addressing generator sizing, electrical load requirements, transfer switch compatibility, existing electrical infrastructure, applicable electrical codes, and testing and commissioning.

d. Describe the firm's experience applying Build America, Buy America Act requirements to federally funded infrastructure projects. Identify the specific responsibilities performed, such as reviewing manufacturer documentation, evaluating domestic content certifications, and maintaining compliance records.

e. Describe the firm’s experience working on federally funded grant projects, preferably projects funded by the Federal Emergency Management Agency (FEMA). Identify the firm’s role and responsibilities in complying with applicable federal grant requirements.

f. Summarize your Project Manager, Project Engineer, and other key personnel regarding relevant experience and qualifications that are required to be performed. Include specialized experience and technical competence of the individuals assigned to provide the required services and how the assigned key personnel would benefit the Port in providing the required services.

g. Describe why the Sub-Contractors were selected for this project and how your firm has worked together on previous projects.

h. Submit an Organizational Chart

ii. Project Understanding & Approach

a. Describe the firm’s method demonstrating the firm’s understanding of the project risks, challenges and strategy that will be employed to complete the project. Include your firm’s capacity to recognize “project specific” issues and develop creative solutions to address them. Provide examples of challenges and resulting solutions from previous projects.

b. Describe the firm’s approach to the services required under this solicitation.

c. Describe the processes that are used to complete the various scope elements.

iii. Project Management & Availability

a. Present the project management procedures that will be used in the execution of work. Describe the involvement and the duties of the project manager, with a clear description of the ways in which projects will be kept on budget and on schedule.

b. Discuss quality control measures that will be put in place and describe the states of document review and the team members that will be involved and their responsibilities. Include your plan to ensure the Port has access to timely and effective communication with key personnel.

c. Describe the availability of team members to complete projects. Indicate current and upcoming project commitments for the foreseeable future.

NOTE: A cost proposal SHOULD NOT be included in your submittal.

B. Supplemental Submittal Document

i. Consulting Firm Information

a. Consultants must complete the Consulting Firm Profile, Authorized Representative, Proprietary or Confidential

Information and Statement of Prior Contract Termination sections; additional sheets may be attached if necessary.

ii. Subconsultant Information

a. Consultants are instructed to complete the Subconsultants Information section if they intend to utilize

Subconsultants. If no information is entered, the Port will assume that Subconsultants will not be used.

iii. References

a. Consultants must submit a minimum of three (3) references for which they have provided services similar to those

Solicitation No.: 26-070-AE Page 4 described herein with the understanding that the Port may contact these references independently. The Port reserves the right to obtain and consider information from other sources, such as a Consultant’s capability and performance under other contracts, financial stability, past or pending litigation, prior performance on Port of Longview projects/contracts and other publicly available information.

SUBMITTAL INSTRUCTIONS

Consultants must submit their complete Qualifications in the following manner:

A. Submittals: Submittals must be sent electronically as described below. The electronic submission must be received by the Port on or before the Submittals Due Date and Time set forth in the Anticipated Procurement Schedule.

i. Hard Copies: No hard copies of Consultant’s submittal are required; any hard copies received will go unevaluated.

ii. Electronic Submittal: The electronic Submittal is to be sent via email to kmetzger@portoflongview.com, with the subject title stating the RFQ number and Consultant’s business name. The file size can be no larger than 20 megabytes to be received by email. It is the responsibility of the respondent to ensure the electronic Submittal was received by the Port.

B. Time of Receipt:

i. Ensure delivery to the Port at the email address provided in item A (ii) above on or before the Submittal due date and time. Time of receipt will be determined by the date and time the response is stamped by the email sent by the respondent. Late submittals will not be accepted or considered. Respondents accept all risks of late delivery regardless of fault or chosen delivery method. Contact the RFQ Coordinator PRIOR TO THE DUE DATE AND TIME OF THE SUBMITTAL to verify receipt of submittal by due date and time.

ii. Submittals are to be submitted in the format described in this Solicitation. No oral, faxed or telephone Submittals or modifications will be accepted or considered. All Submittals and any accompanying documentation become the property of the Port and will not be returned.

SECTION 4 – EVALUATION

EVALUATION PROCESS

A. Qualifications will be scored by the Port’s evaluation team based upon the Evaluation Criteria identified below. Although some of the criteria may be given more weight than others, each Consultant is expected to provide the Port with a comprehensive submittal which allows the Port to do a complete evaluation against the criteria.

B. Interview (if conducted) (not scored)

i. Consultants who submit a Submittal in response to this RFQ may be required to attend an interview or give an oral presentation of their Submittal to the Port. This provides an opportunity for the consultant to clarify or elaborate on their Submittal and should be considered a fact finding and explanation session only and does not include negotiation.

ii. The Port RFQ Coordinator will schedule the time and location of the interview or presentation. All interviews or presentations shall be held on site at the Port or virtually at the Port’s sole discretion. Failure of the respondent to participate in interview(s) as requested by the Port may disqualify their Submittal from receiving further consideration.

iii. If the Port conducts interviews of key personnel, the Project Manager shall be required to participate. Other individuals to participate on interview(s) shall be limited to key personnel and shall not include marketing personnel from the firm.

iv. The Evaluation Committee members may elect to change their original scoring or ranking based on interview(s).

AWARD AND CONTRACTING PROCESS

i. The contract award, if any, will be in accordance with RCW 39.80 to the firm deemed most qualified to provide the services required for the proposed project.

ii. All other responding firms will be notified when the Port has determined the successful Consultant.

iii. The Port will negotiate a scope and fee with the apparent successful Contractor. If the Port and the successful Consultant are unable to negotiate an acceptable scope and fee, the Port will terminate negotiations and may proceed to

EVALUATION CRITERIA AND WEIGHTS

Criteria Description Weight (pts)

1 PROJECT TEAM EXPERIENCE & QUALIFICATIONS 35

2 PROJECT UNDERSTANDING & APPROACH 35

3 PROJECT MANAGEMENT & AVAILABILITY 30

Total: 100

Solicitation No.: 26-070-AE Page 5 negotiations with the next highest ranked Consultant.

iv. Following a successful negotiated scope and fee, the successful Consultant will execute the final Contract and provide proof of insurance in accordance with the Contract documents.

v. The Port reserves the right to waive any technicalities, irregularities or award in part or in whole or to not award at all, reject any and all submittals, and may order a re-advertisement for new submittals or whatever is in the best interest of the Port.

Solicitation No.: 26-070-AE Page 1

APPENDIX A – STATEMENT OF WORK

The anticipated scope of work for development of the Portable Generator Electrical Engineering Services project includes, but is not limited to the following:

The Port of Longview is seeking Electrical Engineering services to provide design services, other related services, and assistance for a federally funded emergency generator project.

1. STATEMENT OF WORK OVERVIEW

The Port of Longview has received funding through the FEMA Pre-Disaster Mitigation (PDM) Grant Program for the purchase and installation of an emergency generator. The Port requires electrical engineering design support to complete this project. The successful Consultant will design and provide plans, specifications and bidding support for an emergency portable generator on an existing building (see aerial map included with this solicitation).

The design (plans, specification and estimate) will fully describe the type, size and location of all electrical equipment required to meet Port’s objective of providing standby electrical power, as well as all code and funding requirements. One portable generator (400+ kW) with switchgear will be procured with this funding with all specifications and requirements for said generator provided by the Consultant.

The Consultant will be required to obtain all electrical permitting. The Port will acquire all other permits but may need some technical assistance where necessary.

During the bid and construction phase, the Consultant will review submittals and perform construction inspection as needed.

The Consultant will be required to comply with all applicable funding requirements from Port of Longview, WSEMD, and FEMA. All design work will be completed within 6 months of contract execution.

The scope of work may include, but is not limited to:

• Conduct site visit(s)

• Review record drawings, including but not limited to: electrical panels and associated wiring, manual transfer switch(es), conduit availability, disconnects, site plans, etc.

• Confirm electrical loading and corroborate adequate sizing of generator

• Recommend connection setup

• Prepare all design documentation including: Plans, Specifications, and Estimate (PS&E) required to conform to all applicable standards and adequate for material purchase.

• Assist the Port with grant compliance requirements, including reviewing project documentation and confirming compliance with applicable federal requirements, such as the Build America, Buy America Act (BABAA), and identifying any documentation gaps or issues requiring resolution.

• Assist in answering prospective bidder questions.

• Prepare addenda for issuance.

• Review of bids and other documentation.

• Construction observation and/or inspection, if needed.

• Answer Requests for Information (RFIs).

• Review of submittals.

Solicitation No. 26-070-AE Page 2 Portable Generator Electrical Engineer Services Appendix B

Aerial image of the generator site. (plan north is -30° true north)

Solicitation No. 26-070-AE Page 1

APPENDIX B – CONTRACT

PORT OF LONGVIEW CONTRACT NO.

FOR

THIS CONTRACT is made and entered into upon date of final execution by and between the Port of Longview, a Washington municipal corporation, organized under the laws of the State of Washington (hereinafter referred to as "Port"), and the below named company (hereinafter referred to as "Consultant").

Consultant: Firm Name

Address: Street Address, City, State Zip Code

1. SCOPE OF WORK

A. The Consultant’s Scope of Work is incorporated herein and attached as Exhibit “A”. In the event of a conflict between any provision of this Contract and the attached Exhibit “A”, the provisions of this Contract shall prevail.

2. DURATION OF CONTRACT

A. The term of this Contract shall commence with the execution of this document and will terminate when all tasks associated with the Scope of Work herein and as modified by written Amendment have been completed by the Consultant on or before . This Contract may be extended for multiple terms or reinstated at the sole discretion of the Port; if so extended, all of the provisions contained herein shall apply through such extension.

3. COMPENSATION AND METHOD OF PAYMENT

A. The Consultant shall be paid by the Port for completed work under this Contract as provided for in Exhibit B - Payment Terms and

Negotiated Hourly Rates.

B. The Maximum Total Amount Payable under this Contract shall not exceed $xxx, except by specific written amendment to this Contract. The Maximum Total Amount Payable includes all expenses and Washington State Sales Tax, if applicable, and is not to be construed as a guarantee payable amount.

4. PROJECT MANAGEMENT

A. The individuals listed below, or their successors, will be the main points of contact for services provided under this Contract. The

Port’s Project Manager or his/her successor is responsible for monitoring Consultant’s performance and will be the contact person for all communications regarding Contract performance and deliverables. The Port’s Project Manager has the authority to accept or reject the services provided and if satisfactory, certify acceptance of each invoice submitted for payment.

Consultant’s Project Manager Port’s Project Manager

First Last Office Phone: (###) ###-#### Mobile Phone: (###) ###-#### Email address: [Enter email address] xxx Office Phone: (360) 425-3305, ext. xxx Mobile Phone: xxx Email address: xxx

B. Notifications regarding changes to this section must be in writing and maintained in the project file but will not require a formal Contract amendment.

5. CONTRACT ADMINISTRATION

A. The individual listed below, or his/her successor, will be Contract Administrator for this Contract. The Contract Administrator is designated to receive legal notices, and to administer, amend, or terminate this Contract. All Contract documents under this Contract will be processed by the Contract Administrator and submitted to Consultant for acceptance. Contact information for the Contract Administrator is:

Kara Metzger Contracts/Grants Administrator Port of Longview 10 International Way

Phone: (360) 425-3305, ext. 254

Email address: kmetzger@portoflongview.com

B. Notifications regarding changes to this section must be in writing and maintained in the project file but will not require a formal Contract amendment. Notification by email is sufficient for notification.

6. CHANGES

A. The Port reserves the right to add, remove, or otherwise modify any requirements, and/or services to meet the operational and strategic objectives of the Port.

B. Any changes to the work requiring an adjustment to the cost, task items, workmanship, specified materials, completion date or as otherwise set forth herein or in the work, must be requested in writing to the Project Manager and Contracts Administrator and must be approved in writing by each party’s execution of an amendment prior to implementation to the adjustment. The Port may request changes to the work by negotiating and executing an amendment with the Consultant.

C. Any changes the Port requires which are attributable to the Consultant’s error or failure to meet the standards set forth in the Contract shall be corrected by the Consultant at no additional cost to the Port.

D. Failure to agree to any adjustment shall be a dispute under Section 32 of this Contract. However, nothing in this clause shall excuse the Consultant from performance under this Contract as if unchanged, unless such performance falls under Section 7 (B) of this Contract.

E. Notwithstanding the terms and conditions of this section of this Contract, the Maximum Total Amount Payable under this Contract shall not be increased or exceeded except by specific written amendment to this Contract. Any work done in violation of this section shall be at the sole expense of the Consultant.

7. DELAY IN COMPLETION

A. Time is of the essence in the performance of the work required under this Contract. Consultant shall ensure that the work is commenced within the timeframe set forth in this Contract and that tasks and services are completed within the milestones set forth herein. In agreeing to the time for completion of the work set forth in this Contract, Consultant has taken into consideration and made allowance for ordinary delays and hindrances incident to or which otherwise may be reasonably anticipated to affect completion of the work. Any issues which may affect Consultant’s ability to comply with the requirements set forth in this section shall immediately be brought to the Port’s Project Manager’s and Contracts Administrator’s attention.

B. Consultant shall not be excused from any delay in performance of this Contract, unless (i) approved by the Port in accordance with Section 6 above, (ii) attributable to any damage caused by fire or other casualty through no fault, neglect, act or omission on the Consultant’s part, (iii) attributable to extraordinary and unanticipated conditions arising out of war, national emergency or governmental regulations, or (iv) any other cause beyond the Consultant’s control and which Consultant could not reasonably anticipate, and not due to any fault, neglect, act or omission on Consultant’s part, including any delay attributable to the Port. In the event of any delay excused under items (i) through (iv) above, the time for performance may be extended by such reasonable time as shall be mutually agreed upon by the Consultant and the Port and shall be incorporated in a written amendment.

8. STANDARD OF CARE

A. Consultant shall perform the work in conformance with generally acceptable standards of an industry professional of similar education, experience and skill. Consultant shall be responsible for the quality, technical adequacy and accuracy, timely completion and coordination of all plans, designs, drawings and specifications if applicable, prepared under this Contract. Any action necessary to correct or revise any errors or omissions in the work due to the Consultant’s failure to meet this standard of care shall be completed by the Consultant in accordance with Section 6 (C).

9. PROJECT PERSONNEL

A. The project personnel specified in the Consultant’s submittal are considered to be essential to the performance of the work and completion of the work. At least thirty (30) days prior to diverting from any of the specified individuals to other programs (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Consultant), the Consultant shall notify the Port Project Manager and Contracts Administrator and shall submit comprehensive justification for the diversion or replacement, including proposed substitution for key personnel, to permit evaluation by the Port of the impact on performance of this Contract. Consultant shall not divert or otherwise replace any key personnel without the consent of the Port.

B. Notifications regarding changes to this section must be in writing and maintained in the project file but will not require a formal Contract amendment.

10. SUBCONSULTANTS

A. The Consultant shall not sub-contract for the performance of any work under this Contract without prior written permission of the

Port. No permission for sub-contracting shall create, between the Port and Subconsultants, any contract, employment, agency, joint venture or other relationship.

Solicitation No. 26-070-AE Page 3

B. Consultant has the sole responsibility for hiring, compensating and overseeing the work of any approved Subconsultants and shall ensure such Subconsultant’s compliance with this Contract, including all licensing and insurance requirements. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the Port, its agents, and their respective employees for, from, and against claims, damages, losses and expenses, including but not limited to attorneys’ and experts’ fees, arising out of or resulting from performance of the work by any Subconsultant, or anyone for whose acts they may be liable.

11. INDEPENDENT RELATIONSHIP

A. The parties intend that an independent Contractor relationship between Consultant and the Port will be created by this Contract.

The Port is interested primarily in the results to be achieved; subject to the provisions herein, the implementation of services will lie solely with the discretion of Consultant. No agent, employee, servant or representative of Consultant shall be deemed to be an employee, agent, servant or representative of the Port for any purpose, and the employees of Consultant are not entitled to any of the benefits the Port provides to its employees. Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, Subconsultants or representatives during the performance of this Contract.

B. In the performance of the services required by this Contract, Consultant is an independent Contractor with the authority to control and direct the performance of the details of the work, however, the results of the required work must meet the approval of the Port and shall be subject to the Port's general rights of inspection and review to secure the satisfactory completion thereof in accordance with applicable agreed upon testing procedures between the Port and Consultant.

12. NON-EXCLUSIVE PROVIDER

The Port reserves the right to obtain services or supplies not specifically covered by this Contract from other providers as deemed in the best interest of the Port.

13. ASSIGNMENT

Consultant will not assign its performance under this Contract, or any portion of this Contract, without the written consent of the Port.

Consultant must seek consent from the Port, in writing, not less than thirty (30) days prior to the date of any proposed assignment.

The Port reserves the right to reject any assignment without cause.

14. HOLD HARMLESS AND INDEMNIFICATION

A. The Consultant shall indemnify and hold the Port, its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant’s negligence or breach of any of its obligations under this Contract; provided that nothing herein shall require a Consultant to indemnify the Port against and hold harmless the Port from claims, demands or suits based solely upon the conduct of the Port, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (1) the Consultant’s agents or employees, and (2) the Port, their agents, officers and employees, this indemnity provision with respect to

(i) claims or suits based upon such negligence (ii) the costs to the Port of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant’s negligence or the negligence of the Consultant’s agents or employees.

B. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the Port and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law in accordance with Title 51 of the Revised Code of Washington.

C. Consultant specifically acknowledges that the provisions contained herein have been mutually negotiated by the parties and it is the intent of the Parties that Consultant provide the broadest scope of indemnity permitted by RCW 4.24.115. Consultant is an independent Consultant and responsible for the safety of its employees.

15. PLANS, ETC. PROPERTY OF PORT

A. All original plans, drawings and specifications prepared by the Consultant and any and all Subconsultants for the Port and funded by the Port are and shall remain the property of the Port whether or not the Project for which they are made is executed. This shall not apply to proprietary software or documentation that may be provided to the Port and that was developed independent of funding by the Port. The Consultant assumes no liability for any use of the Drawings and Specifications other than that originally intended for this Project. Originals, including electronic forms of the data prepared by the Consultant and funded by the Port shall become the property of the Port. No reports, records, questionnaires, software programs provided by Port or other documents produced in whole or in part by the Consultant under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

B. If included in the Scope of Work: As part of the project close-out, the Consultant is responsible for providing the Port with a FINAL RECORD drawing set that incorporates all of the Contractor’s as-built redlines into the CAD file. Consultant shall deliver the following as part of the close-out to Port Engineering:

i. CAD files (all)

ii. PDF (1 file of all pages combined)

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iii. Bound hard copy 11x17 (1)

iv. Contractors original paper redline

16. INSURANCE

A. Insurance Requirements – Consultant shall obtain and keep in force during the entire term of this Contract, liability insurance against any and all claims for damages to person or property which may arise out of the performance of this Contract whether such work shall be by the Consultant, Subconsultants, and/or their agents and/or employees. The Consultant agrees to the following requirements relating to insurance coverage and shall provide evidence of all insurance required by submitting an insurance certificate to the Port on a standard "ACORD" or comparable form:

i. Commercial General Liability – coverage as broad as Insurance Services form number CG 00 01 with minimum limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate limit.

ii. Automobile Liability – a minimum of $1,000,000 combined single limit per accident for bodily injury and property damage.

Coverage shall be as broad as Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto", or the combination of symbols 2, 8 and 9. If the work involves the transport of pollutants (as defined by the standard auto policy exclusion of pollution) the auto policy shall be endorsed to include endorsement CA 9948 (or its equivalent), MCS 90, or auto pollution coverage, and

iii. _____[Initial if applicable]: Consultant represents that Consultant will not perform any driving as part of this Contract.

Based on this representation, Consultant shall maintain automobile liability insurance but shall be permitted to maintain lower limits provided that such limits meet the State of Washington minimum insurance coverage. All other terms of this Contract relating to insurance shall apply to this insurance.

iv. Professional Liability – a minimum of $2,000,000 in the aggregate and $1,000,000 per claim in professional liability insurance. Insurance coverage shall have a retroactive date before the date of notice to proceed and coverage shall remain in effect for the entire term of this Contract.

B. If coverage is approved and purchased on a "claims made" basis, the Consultant shall continue coverage either through (1) policy renewals for not less than three (3) years from the date of the completion of the work which is the subject of this Contract or (2) the purchase of an extended discovery period not less than three years (3) years from the date of completion of the work which is the subject of this Contract, if such extended coverage is available.

C. The insurance required by this Contract shall be issued by an insurance company authorized to do business within the State of Washington, and the policies shall name the Port, its agents and employees as additional insured’s. Except, however, that Consultant is not required to add the Port or its agents and employees as an additional insured on its professional liability policy or workers compensation policy. All policies shall be primary to any other valid and collectable insurance and not contributory to any similar insurance carried by the Port and shall contain severability of interest or cross liability clause. Such insurance shall not be canceled or materially altered without first giving thirty (30) days' written notice thereof to the Port. The Consultant shall submit renewal certificates as appropriate during the term of this Contract (plus three years).

D. By requiring insurance herein, the Port does not represent that coverage and limits will be adequate to protect Consultant and such coverage limits shall not limit Consultant’s liability under the indemnities and reimbursements granted to the Port in this Contract.

E. Additional Requirements:

i. Worker’s Compensation The Consultant shall comply with the Washington State Department of Labor & Industries Industrial Insurance program or applicable statutory requirements of the State of residency, for all of its employees who are required to be so covered by the laws of the State of Washington and in case any work is subcontracted, the Consultant shall require the Subconsultant to provide worker’s compensation insurance for all of its employees as required by law.

ii. Employer’s Liability or "Stop Gap" Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsements to the general Liability policy.

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

F. The insurance policies required in this Contract are to contain, or be endorsed to contain the following provisions:

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i. The Port, its officers, officials, employees and agents are to be covered as additional insured as respects to liability arising out of activities performed by or on behalf of the Consultant in connection with this Contract. Such additional insured status shall include Products-Completed Operations.

ii. To the extent of the Consultant’s negligence, the Consultant’s insurance coverage shall be primary insurance as respect the Port, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the Port, its officers, officials, employees and agents shall not contribute with the Consultant’s insurance or benefit the Consultant in any way.

iii. The Consultant’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.

G. The Consultant’s General Liability, Automobile, and Protection and Indemnity, if applicable, policies shall waive rights of subrogation against the Port.

H. Receipt by the PORT of any certificate of insurance or endorsements that do not meet the requirements of this section does not waive the Consultant’s obligations to independently procure and meet the coverage requirements in accordance with this Contract.

17. ACCESS TO DATA

Consultant shall provide access to data generated under this Contract to Port and its duly authorized agents at no additional cost to the Port. This includes access to all information that supports the findings, conclusions, and recommendations of the Consultant’s reports, including computer models and methodology for those models.

18. TREATMENT OF ASSETS

A. Title to all property furnished by the Port shall remain in the name of the Port and shall remain on the Port’s premises. The Port shall become the owner of the work product and other documents, if any, prepared or developed specifically by Consultant for the Port pursuant to this Contract, unless otherwise expressly provided herein.

B. Title to all property furnished by the Consultant, for the cost of which the Consultant is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the Port upon delivery of such property by the Consultant. Title to other property, the cost of which is reimbursable to the Consultant under this Contract, shall pass to and vest in the Port upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Port in whole or in part, whichever comes first.

C. Consultant shall be responsible for any loss or damage to property of the Port which results from the negligence of the Consultant or which results from the failure on the part of the Consultant to maintain and administer that property in accordance with sound management practices.

D. If any Port property is lost, destroyed, or damaged, the Consultant shall immediately notify the Port and shall take all reasonable steps to protect the property from further damage.

E. The Consultant shall surrender to the Port all property of the Port prior to settlement upon completion, termination, or cancellation of this Contract.

F. All references to the Consultant under this clause shall also include Consultant’s employees or agents.

19. COMPLIANCE WITH LAWS

A. In the performance of this Contract, Consultant shall be knowledgeable and comply with all applicable federal, state or local laws and ordinances, including, but not limited to regulations for licensing, permits, accreditation, certification and operation of equipment, and licensing of individuals, and any other standards or criteria described in this Contract to assure quality of services;

no claims for additional compensation will be allowed based on a lack of knowledge or misunderstanding by the Consultant.

B. Consultant agrees to pay any applicable business and occupation (B&O) taxes which may be due on account of this Contract.

C. If sales tax becomes applicable to the services covered by this Contract, the Port shall pay such tax to Consultant, and Consultant shall pay the tax as required by law.

20. ENVIRONMENTAL PROTECTION

Wherever applicable, Consultant will comply with applicable portions of the following statutes, ordinances and regulations and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources as may be subsequently identified by the Port or other public agencies as applicable to the work.

A. Federal. National Environmental Policy Act of 1969, 42 USC 4321 et Seq.; Executive Order 11514; Clean Water Act, 33 USC

1251 et seq.;

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B. State. Water Pollution Control Act, Chapter 90.48 RCW; State Environmental Policy Act of 1971, Chapter 43.21C RCW and WAC Chapter 197-10; Noise Control Act of 1974, Chapter 70.107 RCW; Washington Clean Air Act, Chapter 70.94 RCW and WAC Chapter 1; Shoreline Management Act of 1971, Chapter 90.58 RCW.

C. Regional. Any applicable Air Pollution Control District regulations.

D. Cowlitz County. Any applicable County ordinances and regulations.

E. Local. Any applicable City of Longview ordinances and regulations.

21. SAFETY AND HEALTH STANDARDS

It will be a condition of this Contract, and shall be made a condition of each subcontract entered into pursuant to this Contract, that Consultant and any Subconsultant will not require any employees contributing to the performance of this Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the U.S. Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (83 Stat. 96).

22. SITE SECURITY

While in the secured area of Port premises, Consultant, its agents, employees, or Subconsultants shall conform in all respects with physical, fire, or other security regulations. All Consultant agents, employees and Subconsultants who perform work within the secured area of the Port will be required to have a Transportation Worker Identification Credential (TWIC) in order to perform their duties unescorted. This program was established by Congress and is administered by the Transportation Security Agency and the United States Coast Guard.