Juvenile_Complex,_Irrigation_System,_Design_and_Install_(Addendum_#1_Revision).pdf

CAPITAL FACILITIES

Project: Juvenile Complex, Irrigation System, Design and Install, Juvenile Irrigation

Effective Date: undefined

1. Introduction

Project Description

1.1. Summary

Lewis County is looking to procure the design and install of a digital irrigation system at the

Juvenile Complex located in Chehalis WA.

1.2. Contact Information

Project Contact:

Alex Murray

Facilities Administrator

571 NW Prindle St

CHEHALIS, WA 98532

Email: alex.murray@lewiscountywa.gov

Phone: (360) 740-1459

Procurement Contact:

Alex Murray

Facilities Administrator

571 NW Prindle St

CHEHALIS, WA 98532

Email: alex.murray@lewiscountywa.gov

Phone: (360) 740-1459

Department:

Capital Facilities

Department Head:

Doug Carey

Capital Facilities Manager mailto:alex.murray@lewiscountywa.gov tel:(360)740-1459 mailto:alex.murray@lewiscountywa.gov tel:(360)740-1459

1.3. Timeline

Release Project Date June 21, 2024

Site Visit (Mandatory) June 27, 2024, 11:00am

1255 SW Pacific Ave., Chehalis, WA 98532

Question Submission Deadline July 2, 2024, 11:00am

Proposal Submission Deadline July 5, 2024, 11:00am

2. Call for Bids (Small Works)

NOTICE

SMALL WORKS CALL FOR BIDS

For

Juvenile Complex, Irrigation System, Design and Install Juvenile Irrigation

Lewis County is soliciting bids from qualified firms to provide bids for the Juvenile Complex, Irrigation System, Design and Install Juvenile Irrigation, located in Chehalis WA.

Firms desiring consideration shall submit a complete bid package based on the plans and specifications on file at https://procurement.opengov.com/portal/lewiscountywa

Lewis County has partnered with OpenGov and is excited to announce that in August 2023, we will transition to OpenGov Procurement/ProcureNow, a fully automated web-based electronic bidding and vendor management system. To continue to receive bid notifications, you will want to register for a FREE account today at https://procurement.opengov.com/portal/lewiscountywa.

In addition, Lewis County is using the MRSC Vendor and Small Works Rosters for Small Works or Vendor solicitations. Go to https://mrscrosters.org/ for more information and to register. You must be a member of the appropriate roster to be eligible. Please make sure you select

Lewis County so that your firm is displayed on our rosters.

Lewis County is an equal opportunity and affirmative action employer. Minority- and women-owned firms are encouraged to submit bids.

3. Instructions to bidders

3.1. Instructions to Bidders

FOR LEWIS COUNTY FACILITIES CONSTRUCTION PROJECTS

EXPLANATION TO PROSPECTIVE BIDDERS

A. Any prospective bidder desiring an explanation or interpretation of the solicitation, https://procurement.opengov.com/portal/lewiscountywa https://procurement.opengov.com/portal/lewiscountywa https://mrscrosters.org/ drawings, specifications, etc., must submit a request in writing to the Architect/Engineer (A/E) or owner if no A/E, 7 calendar days before the bid due date. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders by addendum to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

B. In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the

State of Washington encourages participation in all of its contracts by Minority and Women’s

Business Enterprises (MWBE) firms certified by the Office of Minority and Women’s Business

Enterprises (OMWBE). Participation may be either on a direct basis in response to this invitation or as a subcontractor to a bidder. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of bids, no minimum level of MWBE participation shall be required as a condition for receiving an award, and bids will not be rejected or considered non-responsive on that basis.

C. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply.

D. In accordance with RCW 39.04.320 the State of Washington requires 15% Apprenticeship

Participation for all projects estimated to cost one million dollars or more. On applicable projects the bid advertisement and Bid Proposal form shall establish a minimum required percentage of apprentice labor hours compared to the total labor hours. Bidders may contact the Department of

Labor and Industries, Specialty Compliance Services Division, Apprenticeship Section, P.O. Box

44530, Olympia, WA 98504-4530, by phone (360) 902-5320, and e-mail at thum235@lni.wa.gov, to obtain information on available apprenticeship programs.

PREPARATION OF BIDS – CONSTRUCTION

A. Bids must be: (1) submitted on the bid proposal forms, or copies of forms, furnished by the

Owner or the Owner’s agent, and (2) signed in ink. The person signing a bid must initial each change appearing on any bid form. If the bid is made by a corporation, it shall be signed by the corporation’s authorized designee. The address of the bidder shall be typed or printed on the bid form in the space provided.

B. The bid form may require bidders to submit bid prices for one or more items on various bases, including: (1) lump sum base bid; (2) lump sum bid alternate prices; (3) unit prices; or (4) any combination of items (1) through (3) above.

C. If the solicitation includes alternate bid items, failure to bid on the alternates may disqualify the bid. If bidding on all items is not required, bidders should insert the words “no bid” in the space provided for any item on which no price is submitted.

D. Substitute bid proposals will not be considered unless this solicitation authorizes their submission.

BID GUARANTEE

A. When the sum of the base bid plus all additive bid alternates is $125,000.00 or less, bid security is not required. When the sum of the base bid plus all additive alternates is greater than

$125,000.00, a bid guarantee in the amount of 5% of the base bid amount is required. Failure of the bidder to provide bid guarantee when required shall render the bid non-responsive.

B. Acceptable forms of bid guarantee are: A bid bond or postal money order, or certified check or cashier’s check made payable to the Lewis County Treasurer. The Owner will return bid guarantees (other than bid bond) to unsuccessful bidders as soon as practicable, but not sooner than the execution of a contract with the successful bidder. The successful bidder’s bid guarantee will be returned to the successful bidder with its official notice to proceed with the work of the contract.

C. The bidder will allow 60 days from bid opening date for acceptance of its bid by the

Owner. The bidder will return to the Owner a signed contract, insurance certificate and bond or bond waiver within 15 days after award of the contract. If the apparent successful bidder fails to sign all contractual documents or provide the bond and insurance as required or return the documents within 15 days after award of the contract, the Owner may terminate the award of the contract.

D. In the event a bidder discovers an error in its bid following the bid opening, the bidder may request to withdraw its bid under the following conditions:

1. Written notification is received by the Owner within 24 hours following bid opening.

2. The bidder provides written documentation of the claimed error to the satisfaction of the

Owner within 72 hours following the bid opening. The Owner will approve or disapprove the request for withdrawal of the bid in writing. If the bidder’s request for withdrawal of its bid is approved, the bidder will be released from further obligation to the Owner without penalty. If it is disapproved, the Owner may retain the bidder’s bid guarantee.

ADDITIVE OR DEDUCTIVE BID ITEMS

A. The low bidder, for purposes of award, shall be the responsive bidder offering the low aggregate amount for the base bid item, plus additive or deductive bid alternates selected by the

Owner, and within funds available for the project. The bidder agrees to hold all bid alternate prices until bid award and contract execution.

ACKNOWLEDGEMENT OF ADDENDA

A. Bidders shall acknowledge receipt of all addenda to this solicitation by identifying the addenda numbers in the space provided for this purpose on the bid proposal form. Failure to do so may result in the bid being declared non-responsive.

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

A. The bidder acknowledges that it has taken steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and road; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the work. The bidder also acknowledges that it has satisfied itself as to character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including exploratory work done by the Owner, as well as from the drawings and specifications made a part of this contract. Any failure of the bidder to take the actions described and acknowledged in this paragraph will not relieve the bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work.

BID AMOUNTS

A. The bid prices shown for each item on the bid proposal shall include all labor, material, equipment, overhead and compensation to complete all of the work for that item.

B. The actual cost of building permit (only) and the public utility hookup fees will be a direct reimbursement to the Contractor or paid directly to the permitting agency by the Owner. Fees for these permits should not be included by the Bidder in the bid amount.

C. The Bidder agrees to hold the base bid prices until bid award and contract execution.

TAXES

A. The bid amounts shall not include Washington State Sales Tax (WSST). All other taxes imposed by law shall be included in the bid amount. The Owner will include WSST in progress payments. The Contractor shall pay the WSST to the Department of Revenue and shall furnish proof of payment to the Owner if requested. [NOTE: Contractor must bond for contract amount plus the WSST.]

SUBMISSION OF BIDS

A. Bid Proposals must be submitted on or before the time specified in the Advertisement for

Bids.

B. If the base bid and the sum of the additive alternates is one million dollars or more, the Bid

Proposal shall comply with the following requirements:

1. Pursuant to RCW 39.30.060, if the base bid and the sum of the additive alternates is one million dollars or more, the Bidder shall provide names of the Subcontractors with whom the

Bidder will subcontract for performance of heating, ventilation and air conditioning (HVAC), plumbing, and electrical.

2. The Bidder can name itself for the performance of the work.

3. The Bidder shall not list more than one Subcontractor for each category of work identified

UNLESS Subcontractors vary with bid alternates, in which case the Bidder must indicate which

Subcontractor will be used for which alternate.

4. Failure of the Bidder to submit as part of the bid the NAMES of such Subcontractors or to name itself to perform such work shall render the Bidder's bid nonresponsive and, therefore, void.

C. The Bid Proposal shall be submitted through the OpenGov.com portal https://procurement.opengov.com/portal/lewiscountywa

D. Prior to the bid opening, the Owner’s representative will designate the official bid clock.

Any part of the bid proposal or bid modification not received prior to the times specified, per the designated bid clock, will not be considered and the bid will be returned to the bidder unopened.

E. A bid may be withdrawn in person by a bidder’s authorized representative before the opening of the bids. Bidder(s) representative will be required to show ID and sign on bid summary sheet before it will be released.

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

F. People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, Braille, etc.) need to contact the Owner ten (10) working days prior to the scheduled bid opening.

BID RESULTS

A. After the Bid Opening, a tabulation of the bids will be posted as a notice for the project in the OpenGov portal. Bidders may obtain the tabulation of apparent bids from Lewis County by

Contacting the procurement contact listed in the bid documents.

LOW RESPONSIBLE BIDDER

A. If applicable, it is the intent of the Owner to award a contract to the low responsible bidder.

In determining the bidder’s responsibility, the Owner shall consider an overall accounting of the attached “DIVISION 00 RESPONSIBILITY CRITERIA”. Upon Owner’s request, the apparent low bidder must supply the requested information within two (2) business days of request by

Owner. Withholding information or failure to submit all the information requested within the time provided shall render the bid nonresponsive. If the Owner determines that the apparent low bidder is not responsible, the Owner will notify the bidder of its preliminary determination in writing. Within three (3) days after receipt of the preliminary determination, the bidder may withdraw its bid or request a hearing. The Owner will schedule a hearing within three (3) working days of receipt of the bidder’s request. The hearing members will include the Central

Services Director, Public Works Director and Central Services Project Manager. The Owner will issue a Final Determination after reviewing information presented at the hearing. The

Owner’s Final Determination is specific to this project, and will have no effect on other or future projects.

B. “SUBCONTRACTOR RESPONSIBILITY CRITERIA” In accordance with SHB 2010 amending RCW 39.04 the Contractor shall include the language of this paragraph in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this paragraph apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria:

1. Have a current certificate of registration as a contractor in compliance with chapter 18.27

RCW, which must have been in effect at the time of subcontract bid submittal;

2. Have a current Washington Unified Business Identifier (UBI) number; and if applicable, have:

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

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

c. A Washington Department of Revenue state excise tax registration number, as required in

Title 82 RCW;

d. An electrical contractor license, if required by Chapter 19.28 RCW;

e. An elevator contractor license, if required by Chapter 70.87 RCW.

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

39.12.065 (3).

CONTRACT AWARD

The Owner will evaluate bid responsiveness and bidder responsibility.

A bid will be considered responsive if it meets the following requirements:

1. It is received at the proper time and place.

2. It meets the stated requirements of the bid proposal.

3. It is submitted by a licensed/registered contractor within the State of Washington at the time of bid opening and is not banned from bidding by the Department of Labor and Industries.

4. It is accompanied by a bid guarantee and non-collusion affidavit, if required.

A bid will be considered responsible if it meets the following requirements:

1. It meets an overall accounting of the responsibility criteria established for the project.

2. All required documents are completed and signed by a individual with such authority.

3. It is submitted by a licensed/registered contractor within the State of Washington at the time of bid opening and is not banned from bidding by the Department of Labor and Industries.

The Owner reserves the right to accept or reject any or all bid proposals and to waive informalities that do not affect the essential fairness of the bidding process.

The apparent low bidder, for purpose of award, shall be the responsive bidder offering the low aggregate amount for the base bid plus selected additive or deductive bid alternates and meeting all other bid submittal requirements.

The Owner may negotiate bid price adjustments with the low responsive bidder, including changes in the contract documents, to bring the bid within the available funding per RCW

39.04.015.

The Contract will only become effective when signed by the Owner. Prior to the Owner’s signature, any and all costs incurred shall be the sole responsibility of the bidder.

It is the intent of the Owner to award a contract to the low responsible bidder.

Public Agency Debarment Debarment by any Public agency within the last two (2) years may render bid non-responsive.

4. Scope of Work

4.1. Scope of Work

Design and Install a new digital, automated, irrigation system at the Juvenile Complex.

4.2. Design and Planning

Site Assessment and Planning

• Conduct a comprehensive site assessment to determine soil types, water availability, and landscape requirements.

• Develop a detailed irrigation plan including layout, equipment specifications, and water distribution strategy.

• Ensure the plan complies with local regulations and sustainability practices.

Permits and Approvals

• Obtain all necessary permits and approvals from relevant authorities before commencing work.

• Ensure compliance with zoning laws, environmental regulations, and any other applicable codes.

4.3. Irrigation System Installation

Installation

• Clear the site of debris and prepare it for installation.

• Install mainline and lateral pipes using materials that meet industry standards and local code requirements.

• Install sprinkler heads, drip lines, and emitters according to the irrigation plan.

• Connect the irrigation system to the water source, ensuring proper backflow prevention devices are in place.

• Install and program an irrigation controller to automate watering schedules based on landscape needs and local regulations.

• Perform all electrical work in compliance with national and local electrical codes.

Testing and Inspection

• Conduct a thorough system check to ensure there are no leaks and that all components are functioning correctly.

• Perform a water pressure test to verify that the system operates within the specified range.

• Schedule and pass inspections as required by local authorities.

4.4. Training, Documentation, Clean Up

Training and Documentation

• Provide on-site training for property management staff on system operation and maintenance.

• Supply detailed documentation, including the irrigation plan, equipment manuals, and maintenance guidelines.

Cleanup and Final Walkthrough

• Restore the site to its original condition, removing any installation-related debris.

• Conduct a final walkthrough with the client to ensure all aspects of the installation meet their expectations.

• Ensure property is returned to the condition it was prior to project start. Replace any plants removed.

• When trenching through grass vendor will remove sod and save, then re install after back fill to ensure a uniform and consistent look.

• Vendor to re-bark beds that have been trenched to ensure uniform bark.

5. Specifications

Specifications

Materials and Equipment

• Use only high-quality, industry-approved materials and equipment.

• All piping shall be PVC Schedule 40 or equivalent as per code requirements.

• Sprinkler heads shall be from reputable manufacturers with adjustable radius and flow rates.

• Drip irrigation components must be pressure-compensating to ensure even water distribution.

• The irrigation controller must be weather-based with remote access capabilities.

Installation Standards

• Trenches for mainline and lateral pipes should be of sufficient depth to prevent damage and meet local code requirements (typically 12-18 inches for mainline, 8-12 inches for laterals).

• Backflow prevention devices must be installed above grade.

• All electrical connections should be waterproof and meet NEC standards.

Water Efficiency

• Implement water-saving techniques such as zoning, smart controllers, and moisture sensors.

• Ensure that the irrigation schedule is optimized to reduce water waste and comply with local watering restrictions.

Warranty and Maintenance

Warranty

• Provide a minimum one-year warranty on all parts and labor from the date of installation completion.

• Any defects or malfunctions within the warranty period must be repaired at no additional cost to the client.

6. Prevailing Wage

Notice

Prevailing Wage Requirement

This project has been determined to be “Public Works” as defined by RCW 39.04 and WAC

296-127 and is subject to Washington State Prevailing Wage Laws. Current Prevailing Wage

Rates for work performed in Lewis County is attached hereinto and can also be found at https://secure.lni.wa.gov/wagelookup/. The bid date used isFriday, July 5, 2024. These rates apply to Lewis County and may not apply to work performed outside Lewis County.

A printed copy is available in the issuing office and a printed copy may be mailed upon request.

In addition, successful Contractor and any subcontractors are required to file Statement of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and file Certified Payroll Records as per L&I requirements.

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

7. Bid Form

Bid Form

7.1. Bid Form

Project Name: Juvenile Complex, Irrigation System, Design and Install Juvenile Irrigation

Name of Firm:

LEWIS COUNTY

DEPARTMENT OF INTERNAL SERVICES

CAPITAL FACILITIES DIVISION

351 NW NORTH ST.

CHEHALIS, WA 98532

B I D P R O P O S A L

In compliance with the contract documents, the following bid proposal is submitted:

7.2. Base Bid

Print Dollar Amount

7.3. Trench Safety

Trench Safety Provisions

Included in Base Bid

If the bid amount contains any work which requires trenching exceeding a depth of four feet, all costs for trench safety shall be included in the Base Bid and indicated above for adequate trench safety systems in compliance with Chapter 39.04 RCW. 49.17 RCW and WAC 296-155-

650. Bidder must include a lump sum dollar amount in blank above (even if the value is $0.00) to be responsive.

7.4. Bid Alternates (Specify whether Additive or Deductive)

Do not include Washington State Sales Tax in alternate amounts.

The Owner reserves the right to accept or reject any or all bid prices within sixty (60) days of the bid date.

Time for Completion

The undersigned hereby agrees to complete all the work under the Base Bid (and accepted alternates) within _______ calendar days after the date of Notice to Proceed.

8. Vendor Questionnaire

8.1. Are you licensed to do this type of work in the State of Washington?* ☐ Yes

☐ No

*Response required

8.2. Non-Collusion Affidavit

Please download the below documents, complete, and upload.

• Non_Collusion_Affidavit.docx

8.3. Bid Bond (if Required

Please upload your bid bond.

Original shall be mailed or hand delivered no later than the bid due date and time. Envelope shall be clearly marked and delivered to:

8.4. Bid form*

Please download the below documents, complete, and upload.

• Bid_Form_Blank.docx

*Response required

8.5. Are you a member of the MRSC Small Works Rosters?*

Answer yes or no

☐ Yes

☐ No

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8.6. MRSC Small Works Roster?*

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9. General Conditions of Lewis County Contract (For Reference

Only)

9.1. 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.

9.2. 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".

9.3. 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”

9.4. 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”

9.5. 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.

9.6. 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

9.7. 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.

9.8. 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.

9.9. 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.

9.10. 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

9.11. 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.

9.12. Modifications

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

9.13. 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.

9.14. 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.

9.15. 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’s risk manager 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’s risk manager.

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.

9.16. 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,…