Call for Bids for the Chehalis Ridge Radio Site BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-235
CALL FOR BIDS FOR THE CHEHALIS RIDGE RADIO
SITE
WHEREAS, Lewis County operates several Public Safety Radio sites throughout
Lewis County including a tower in Chehalis serving city law and fire services; and
WHEREAS, the Chehalis site is located on private property and the owner wishes
it removed and it is not located in the most effective location to provide radio
services throughout the area; and
WHEREAS, Lewis County has purchased property and had engineered plans and
specifications developed to provide this service from a more effective location,
has obtained permits and licenses for the new location and is now prepared to
construct a new tower and support building for this purpose.
NOW THEREFORE BE IT RESOLVED Lewis County issue a Call for Bids for the
Chehalis Ridge Radio Site Project; and
NOW THEREFORE BE IT FURTHER RESOLVED that the Internal Services
Department in partnership with the E911 Communications Department prepare
and issue bid documents for the aforementioned project.
DONE IN OPEN SESSION this 29th day of June, 2021.
Page 1 of 2 Res. 21-235
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: °""T' was•. Lindsey R. Pollock, DVM
• �00 PRD OF
L udsey R. Pollock, DVM, Vice Chair
$45 �.
so �
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Rieva Lester �,`.° `�'• Sean D. Swope
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Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-235
351 NW North Street
Lewis County Facilities Chehalis WA 98532
\LEWIS COUNTY
=1 ,11
BID PACKET FOR:
Chehalis Ridge Radio Site Project
Project #31-1617
OFFERED BY:
LEWIS COUNTY
DEPARTMENT OF INTERNAL SERVICES
351 NW North Street
Chehalis, WA 98532
Mailing Address:
351 NW North Street
Chehalis WA 98532
ATTN: Capital Facilities
Phone: 360-740-1192
BID PACKET CONTENTS
1. BID ADVERTISEMENT/INSTRUCTIONS TO BIDDERS
2. CHECKLIST
3. PLANS AND SPECIFICATIONS
4. CENTRAL SERVICES CONTRACT/GENERAL CONDITIONS/SPECIAL CONDITIONS
5. PREVAILING WAGE NOTICE
6. PERFORMANCE BOND
7. CERTIFICATE OF INSURANCE
8. NON COLLUSION AFIDAVIT
9. BID FORM
1 .
CALL FOR BIDS
CALL FOR BIDS
NOTICE
CALL FOR BIDS
For
Lewis County Chehalis Ridge Radio Site Project
Lewis County is soliciting bids from qualified firms to provide bids for the construction of a radio site and tower
for the public Safety radio network.
Firms desiring consideration shall submit a complete bid package based on the plans and specifications on file
to Lewis County Clerk of the Board, 351 NW North Street, Room 210, Chehalis, WA 98532 by 3:00 PM on
July 22, 2021.
For more information about the project, please contact Lewis County Capital Facilities Manager, Doug Carey at
Doug.Carey(a)lewiscountywa.gov.
Lewis County is an equal opportunity and affirmative action employer. Minority- and women-owned firms are
encouraged to submit bids.
DATED this day of June, 2021
Clerk of the Board of County Commissioners
Lewis County, WA
PUBLISH: Chronicle—June 29 and July 6, 2021
Seattle Daily Journal of Commerce—July 6, 2021
Lewis County Web Site https://lewiscountywa.gov/departments/central-services/facilities/facilities-call-
for-bids/
Bids Due: 3:00 PM, July 22, 2021
SEALED BIDS MUST BE DELIVERED BY OR BEFORE
3:00 P.M. on Thursday, July 22, 2021.
(Lewis County official time is displayed on Mitel phones in the Facilities Office. Bids submitted after 3:00 PM will not be
considered for this project.)
INSTRUCTIONS TO BIDDERS
FOR LEWIS COUNTY FACILITIES CONSTRUCTION PROJECTS
PART 0—GENERAL CONDITIONS
0.01 EXPLANATION TO PROSPECTIVE BIDDERS
A. Any prospective bidder desiring an explanation or interpretation of the solicitation, 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 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.
0.02 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.
0.03 BID GUARANTEE
A. When the sum of the base bid plus all additive bid alternates is $35,000.00 or less,bid security is not
required. When the sum of the base bid plus all additive alternates is greater than$35,000.00, 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.
0.04 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.
0.05 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.
0.06 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.
0.07 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.
0.08 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.]
0.09 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 in a sealed envelope addressed to the office specified in the
Advertisement for Bids. The envelope shall have printed on the outside:
1. The project number and description.
2. The name and address of the bidder.
3. Identification as Bid Proposal.
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.
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.
0.10 BID RESULTS
A. After the Bid Opening, Bidders may obtain the tabulation of apparent bids from Lewis County by calling
(360) 740-1192 or accessing the project information page on the Lewis County website.
0.11 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).
0.12 CONTRACT AWARD
A. 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, 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.
B. 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.
C. 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.
D. 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.
E. 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.
Division 00
Responsibility Criteria
Low Responsible Bidder
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 items listed below. The bidder must
submit the following information, demonstrating that they meet the listed criteria:
1. Capacity
Category Required Information / Criteria
El Current Workload On a separate sheet, list all the major projects your
firm has in progress or are projected to commence
during the next 6 months, giving the name of project,
Owner, architect, contract amount, percentage
complete and scheduled completion date. Failure to
list all major projects shall render the bid non-
responsive.
List the current or projected workload for the next 12
months including this Contract, expressed in total
contract value.
$
List actual contracted workload for the previous 12
months, expressed in total contract value.
$
The bidder's current or projected workload, during
the life of this contract, shall not exceed 150% of the
actual contracted workload over the previous 12
months unless the bidder can demonstrate to the
Owner's satisfaction that it has the capacity to
assume the additional work of this project, provide
adequate staffing, and meet project demands.
2. Previous Experience
Category Required Information /Criteria
El List of Completed Projects On a separate sheet, list all the major projects
($75,000 and above) your firm has completed in
each of the past five (5) years, giving the name of
project, Owner (contact name and phone numbers,
architect (contact name and phone numbers),
contract amount, date of completion and percentage
of the cost of the work performed with your own
forces. This information will be used for references.
O Experience of Superintendent Submit resume and references if different than
or Project Manager above, of the person proposed by the bidder to
superintend the work. This person shall have
managed projects of similar complexity and similar
size, and successfully completed the project within
the last three (3) years.
Superintendent and/or Project Manager shall not be
replaced on the project without full consent of the
Owner.
O Equipment Submit affidavit that firm has equipment necessary to
perform all phases of work, including HMA pavers,
planning or grinding machines, asphalt saws, etc.
O
3. Ability to Perform Within Time Specified
Category Required Information / Criteria
O Contractor's Ability to Meet the On a separate sheet, list the project titles, original
Project Schedule contract time, and change order time extensions for
three specific projects. Bidder shall document that it
achieved substantial completion of three previous
projects of similar size and scope within no more
than 105% of the final contracted time for completion
(including change ordered adjustments).
4. References
Category Required Information / Criteria
O References from Owners of Owner will check references by contacting owners of
Previous Projects previous projects on bidder's performance over the
last five years. On average, such references shall
be satisfactory or better on a five category scale with
"satisfactory" at mid scale. A reference score sheet
will be utilized for rating completed projects of similar
scope and value.
O Public Agency Debarment Bidder shall not have been debarred by any Public
agency within the last two (2) years.
The apparent low bidder must provide the above required information within two (2)working days of
receiving Owner notification. Failure to submit such information to the satisfaction of the Owner within
the time provided shall render the bid non-responsive.
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 may request a hearing. The Owner will schedule a
hearing within three (3) working days of receipt of the bidder's request. 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.
2 •
DOCUMENT CHECK
LIST
(Lewis County Forms Only)
The following items must be returned in the completed bid package:
1. Signed Bid Form
2. Performance Bond
3. Signed Non-Collusion Affidavit
SCOPE OF WORK
This project will construct for Lewis County Communications a new public safety radio site as
per drawings and specifications developed by Cushing Civil Engineers (attached herein by
reference).
In addition to above, the contractor will be responsible for maintaining and repairing private
access road to site to allow construction activities to take place and to repair any damage caused
by construction activities.
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Construction Entrance
Exhibit B- Compensation
Compensation will be made in the amount of$ , plus Washington State Sales Tax
upon completion of contract. Progress payments may be made at County's discretion upon
County's approval of Contractor's invoices, to the extent that said invoices reflect the
completion of project milestones by the Contractor (milestones are points at which significant
components of the project have been completed and at which tangible project deliverables of
material value have been received by the County).
4 .
LEWIS COUNTY
AGREEMENT
GENERAL TERMS AND
CONDITIONS
AGREEMENT
EFFECTIVE DATE:
, hereinafter called CONTRACTOR, and LEWIS COUNTY, hereinafter called
COUNTY, agree as set forth in this Agreement, including: Scope of Work, Specifications, Compensation, Bid
Response forms, General and Special Conditions, copies of which are attached hereto and incorporated herein by
this reference as fully as if set forth herein.
Project: Chehalis Ridge Radio Project,#31-1617 Bid Price(with accepted alternates: $
The term of this Agreement shall commence upon the date of execution as shown above. This agreement
may be renewed or terminated upon written notice provided either by the County or the service provider thirty(30)
or more days prior to the effective date of renewal or termination.
CONTRACTOR acknowledges and by signing this contract agrees that the Indemnification provisions set
forth in Paragraphs 5, 7, 14, 15, 16, 21, 22, and 25, are totally and fully part of this contract and have been
mutually negotiated by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
CONTRACTOR: LEWIS COUNTY
Erik Martin
Lewis County,County Manager
Title of Signatory
Authorized by the firm By Laws
Mailing Address: Approved as to Form Only:
Jonathan Meyer, Prosecuting Attorney
By:
Deputy Prosecuting Attorney
UBI or Contractors License#
Federal Business Tax ID No.
GENERAL CONDITIONS
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.
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".
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".
4. Labor Standards and Contract Assistance:
The Contractor shall comply with the provisions of the Lewis County Contract and Procurement
Assistance Program as applicable,attached hereto as"Special Conditions".
5. 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.
6. 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.
7. 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.
8. 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. 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.
10. 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.
11. Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing,
signed by each of the parties.
12. 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.
13. 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.
14. Insurance Coverage:
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office"Commercial General
Liability"policy form CG 00 01,with an edition date prior to 2004,or the exact equivalent. Coverage
for an additional insured shall not be limited to its vicarious liability.Defense costs must be paid in
addition to limits. Limits shall be no less than$1,000,000 per occurrence for all covered losses and no
less than$2,000,000 general aggregate.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by
law with employer's liability limits no less than$1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,non-
owned and hired autos,or the exact equivalent. Limits shall be no less than$1,000,000 per accident,
combined single limit. If Contractor owns no vehicles,this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If Contractor or Contractor's
employees will use personal autos in any way on this project,Contractor shall obtain evidence of
personal auto liability coverage for each such person.
Excess or Umbrella Liability Insurance(Over Primary)if used to meet limit requirements,shall provide
coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as
insureds those covered by the underlying policies, including additional insureds. Coverage shall be"pay on
behalf',with defense costs payable in addition to policy limits. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to County for
injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided
is subject to approval of County following receipt of proof of insurance as required herein.
Policy or polices must list Lewis County as"primary,non-contributory"additionally insured.
15. Defense&Indemnity Agreement.
To the fullest extent permitted by law,the Contractor agrees to indemnify,defend and hold the County and
its departments,elected and appointed officials, agents,and volunteers,harmless from and against any and
all claims,damages, losses and expenses,including but not limited to court costs,attorney's fees and
alternative dispute resolution costs which 1)are caused in whole or in part by any act or omission,
negligent or otherwise, of the Contractor,its employees,agents or volunteers,and/or Contractor's
subcontractors and their employees,agents or volunteers; or 2)are directly or indirectly arising out of,
resulting from or in connection with performance of this Agreement; or 3)are based upon the Contractor's
or its subcontractors' use of,presence upon or proximity to the property of the County. Contractor's
indemnity obligations shall extend to,but shall not be limited to,claims for any personal injury, for any
bodily injury, sickness,disease or death and for any damage to or destruction of any property(including
the loss of use resulting therefrom).
This indemnification obligation of the Contractor shall not apply if the claim,damage,loss or expense is
caused by the sole negligence of the County. In the event of the concurrent negligence of the Contractor,
its subcontractors,employees or agents,and the County, its employees or agents,this indemnification
obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the
Contractor, its subcontractors,employees and agents. This indemnification obligation shall not be limited
in any way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any other
workmen's compensation act,disability benefit act or other employee benefit act,and the Contractor
hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations
of the Contractor are a material inducement to County to enter into this Agreement,are reflected in the
Contractor's compensation,and have been mutually negotiated by the Parties.
16. Participation by County—Right to participate; Survival of Contractor's Indemnity Obligations;
Indemnity for Subcontractors.
The County reserves the right,but not the obligation,to participate in the defense of any claim,damages,
losses or expenses and any such participation shall not constitute a waiver of Contractor's indemnity
obligations under this Agreement.
The Contractor agrees all Contractor's indemnity obligations shall survive the completion, expiration or
termination of this Agreement.
In the event the Contractor enters into subcontracts to the extent allowed under this Agreement,the
Contractor shall include as a requirement in each such contract that Contractor's subcontractors shall
indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County.
17. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the
terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of
Washington in and for the County of Lewis. This Agreement shall be governed by the law of the State of
Washington.
18. Withholding Payment:
In the event the Contractor has failed to perform any substantial obligation to be performed by the
Contractor under this Agreement and said failure has not been cured within the times set forth in this
Agreement, then the County may,upon written notice, withhold all monies due and payable to Contractor,
without penalty,until such failure to perform is cured or otherwise adjudicated.
19. Payment and Performance Bond
Payment and performance bonds for 100%of the Contract Sum, including all Change Orders and state
sales tax, shall be furnished for the Work,and shall be in a form acceptable to the Owner. No payment or
performance bond is required if the Contract Sum is$35,000 or less and Contractor agrees that Owner
may,in lieu of the bond,retain 50%of the Contract Sum for the period allowed by RCW 39.08.010.
20 Future Non-Allocation of Funds:
If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal
period, the County will not be obligated to make payments for services or amounts incurred after the end
of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision
applies.
21. Contractor Commitments,Warranties and Representations:
Any written commitment received from the Contractor concerning this Agreement shall be binding upon
the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of
the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County.
A commitment includes, but is not limited to any representation made prior to execution of this
Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or
equipment,p6ces or options for future acquisition to remain in effect for a fixed period,or warranties.
22. Patent/Copyright Infringement:
Contractor will defend and indemnify the County from any claimed action,cause or demand brought
against the County,to the extent such action is based on the claim that information supplied by the
Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable
to any such claims that are finally awarded against the County in any action. Such defense and payments
are conditioned upon the following:
a. That Contractor shall be notified promptly in writing by County of any notice of such claim.
b. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right
to continue using the information in the event such claim of infringement is made, provided no
reduction in performance or loss results to the County.
23. Disputes:
A. General
Differences between the Contractor and the County, arising under and by virtue of the Contract
Documents shall be brought to the attention of the County at the earliest possible time in order that
such matters may be settled or other appropriate action promptly taken. Except for such objections
as are made of record in the manner hereinafter specified and within the time limits stated, the
records, orders, rulings, instructions, and decisions of the Contracting Officer, shall be final and
conclusive.
B. Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which otherwise may be payable,
or to extension of time for(1) any act or failure to act by the Contracting Officer or the County, or
(2)the happening of any event or occurrence,unless the Contractor has given the County a written
Notice of Potential Claim within 10 days of the commencement of the act, failure, or event giving
rise to the claim, and before final payment by the County. The written Notice of Potential Claim
shall set forth the reasons for which the Contractor believes additional compensation or extension
of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential
claim. Contractor shall keep full and complete daily records of the Work performed, Labor and
material used,and all costs and additional time claimed to be additional.
C. Detailed Claim
The Contractor is not entitled to claim any such additional compensation, or extension of time,
unless within 30 days of the accomplishment of the portion of the work from which the claim
arose, and before final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested and of all elements of
additional time required, and copies of any supporting documents evidencing the amount or the
extension of time claimed to be due.
24. Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor and/or its
consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and
absolute property of the County.
25. Confidentiality:
In the event that the Contractor comes in contact with or obtains knowledge of confidential information,
the Contractor shall maintain the confidentiality of all obtained information provided by the County or
acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the
Lewis County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over
the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking
disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials,
agents or employees from all loss or expense, including,but not limited to settlements,judgments, setoffs,
attorneys'fees and costs resulting from Contractor's breach of this provision.
26. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of
process, notice shall be given by the Contractor to the Contract Manager for whom services are rendered,
to wit: Steve Wohld, Chief of Internal Services, 351 NW North Street, Chehalis, Washington 98532-1900.
Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected
above. Notice may be given by delivery or by depositing in the US Mail,first class,postage prepaid.
27. Severability:
If any term or condition of this contract or the application thereof to any person(s)or circumstances is held
invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect
without the invalid term, condition or application. To this end, the terms and conditions of this contract
are declared severable.
28. Waiver:
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent
breach. No term or condition of this contract shall be held to be waived,modified or deleted except by an
instrument,in writing, signed by the parties hereto.
29. Survival:
The provisions of this Agreement which by their nature are reasonably intended to survive the expiration
of this Agreement shall so survive,including paragraphs 5, 10, 11, 15, 16, 17, 18,21,22,23,24,25,26,
27,29,and 30,notwithstanding the termination or invalidity of any other portion of this Agreement for any
reason.
30. Entire Agreement:
This written contract, including all special provisions and attachments, represents the entire Agreement
between the parties and supersedes any prior oral statements, discussions or understandings between the
parties.
SPECIAL CONDITIONS
A. Definitions
The COUNTY is the recipient of CONTRACTOR'S services, and at all times acts through its Board of County
Commissioners. The Contracting Officer of the COUNTY will be the Director of the Lewis County Chief of
Internal Services,or his designee.
Contractor Registration
The CONTRACTOR agrees and covenants to furnish unto the COUNTY proper evidence that the CONTRACTOR
has fully complied with the State Licensing Law.
CONTRACTOR shall include his contractor's license number in the space provided on the front page of this
Agreement.
C. Non-Discrimination(Lewis County Funds)
The CONTRACTOR should be aware that public funds are being used to assist in this project. During the
performance of this contract,the CONTRACTOR agrees as follows:
1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of
race, creed, color, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of this non-
discrimination clause.
2. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the
CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard
to race,creed,color,or national origin.
3. The CONTRACTOR will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, notice to be provided by the agency
contracting officer, advising the labor union or worker's representative of the contractor's commitments
under Section 202 or Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice
in a conspicuous place available to employees and applicants for employment.
4. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965,
and of the rules,regulations and relevant orders of the Secretary of Labor.
5. The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,
and will permit access to his books and records for purposes of investigation to ascertain compliance with
such rules,regulations and orders
6. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or
with any such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole
or in part and the contract may be declared ineligible for further government contracts in accordance with
procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1 965, or by
rule,regulation or order of the Secretary of Labor,or as otherwise provided by law.
7. The CONTRACTOR will include the provisions of Paragraphs (1) through (7) in every sub-contract or
purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1 965, so that such provisions will be binding
upon each sub-contract or vendor. The CONTRACTOR will take such action with respect to any sub-
contract or purchase order as the contracting agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR becomes
involved in, or is threatened with litigation with a sub-contractor or vendor as a result of such direction by
the contracting agency, the CONTRACTOR may request the United States to enter into such litigation to
protect the interest of the United States.
D. Original Specifications
It is hereby expressly agreed by and between the parties involved that in any matter, dispute, suit, or proceedings
arising or in any way growing out of this contract in which it may be necessary to introduce into evidence the
original of such specifications, that a printed copy thereof may be used in lieu thereof with like force and effect as
though the original was produced.
E. Eight Hour Law and Payment for Labor
The CONTRACTOR agrees to comply with RCW chapter 49.28 providing that no laborer, workman or mechanic
in the employ of the CONTRACTOR, sub-contractor, or other person doing or contracting to do the whole or any
part of the work contemplated by this contract, shall be permitted or required to work more than eight(8) hours in
any one calendar day,provided that, in cases of extraordinary emergency, such danger to life or property,the hours
of work may be extended, but in such cases the rate of pay for time employed in excess of eight(8)hours of each
calendar day shall not be less than one and one-half times the rate allowed for this same amount of time during
eight (8) hours' service. Any work necessary to be performed after regular working hours, or Sunday or legal
holidays shall be performed without additional expense to the COUNTY.
Notwithstanding the above provisions, a CONTRACTOR may enter into an agreement approved by the employees
in which the employees may work up to ten(10)hours in a calendar day for not more than four(4)calendar days in
a week.
CONTRACTOR further agrees that said contract is terminable in case the CONTRACTOR violates the provisions
of such act.
The CONTRACTOR,and sub-contractors shall further verify that:
1. Contractor had not employed or retained any company or person (other than a full time bona fide employee
working solely for the offeror)to solicit or receive this contract; and
2. Contractor has not paid or agreed to pay any company or person (other than a full-time bona .fide employee
working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or
resulting from the award of this contract;and
3. Contractor has not been asked or otherwise coerced, whether expressed or implied, into contributing funds,
for any purpose as a condition to doing business with the COUNTY.
It is further agreed that in case any dispute arises as to what are the prevailing wages for the work of a
similar nature and such dispute cannot be adjusted by the parties involved, the matter shall be referred for
arbitration to the Director of the Department of Labor& Industries of the State and his decision therein shall
be final,binding,and conclusive on all parties.
F. To the extent applicable, the parties agree that this agreement and CONTRACTOR'S work does not
create or imply a license agreement for the use of software, code, or a computer program.
CONTRACTOR agrees that COUNTY shall have the sole and exclusive ownership of all rights, title,
and interest in all software, written code, computer programs created or written by CONTRACTOR and
that COUNTY has the right of unlimited use of the software,code and programs, including reproduction,
modification and sale. CONTRACTOR denies any proprietary rights, including copyrights, trademarks,
trade secrets,or intellectual property rights,to any software,code or program.
G. To the extent applicable, Contractor warrants that the computer code, software, or computer program
installed by CONTRACTOR is not patented or copyrighted. CONTRACTOR will defend and indemnify
the COUNTY from any claim, cause or demand brought against the COUNTY based upon copyright or
patent of the software,computer code,or computer program installed by CONTRACTOR.
5 •
Notice
PrevailingWage
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 can be found at https://secure.lni.wa.gov/wagelookup/ These rates may not
apply to work performed outside Lewis County.
In addition, successful Contractor may be required to produce Certified Payroll Records upon request.
6 .
PERFORMANCE
BOND
PERFORMANCE BOND FOR Bond No.
LEWIS COUNTY, WASHINGTON
WE di bia (Insert legal name of Contractor)
(Insert trade name of Contractor,if any)
(hereinafter"Principal"),and (hereinafter "Surety"),
are held and firmly bound unto LEWIS COUNTY, WASHINGTON (hereinafter "County"), as Obligee, in an amount (in
lawful money of the United States of America)equal to the total compensation and expense reimbursement payable to Principal
for satisfactory completion of Principal's work under Contract No. between Principal and County,
which total is initially Dollars($ ),
for the payment of which sum Principal and Surety bind themselves, their executors, administrators, legal representatives,
successors and assigns,jointly and severally,firmly by these presents.. Said contract(hereinafter referred to as"the Contract")
is for and is made a part hereof by this reference. The
Contract includes the original agreement as well as all documents attached thereto or made a part thereof and amendments,
change orders,and any other document modifying,adding to or deleting from said Contract any portion thereof.
This Bond is executed in accordance with the laws of the State of Washington, and is subject to all provisions thereof and the
ordinances of County insofar as they are not in conflict therewith, and is entered into for the use and benefit of County, and all
laborers,mechanics,subcontractors,and materialmen, and all persons who supply such person or persons,or subcontractors,with
provisions or supplies for the carrying on of the work covered by Contract No. between the below-
named Contractor and County for , a copy of
which Contract, by this reference is made a part hereof and is hereinafter referred to as "the Contract." (The Contract as
defined herein includes the aforesaid agreement together with all of the Contract documents including addenda, exhibits,
attachments, modifications, alterations, and additions thereto, deletions therefrom, amendments and any other document or
provision attached to or incorporated into the Contract)
THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully performs the Contract,
then this obligation shall be null and void;otherwise it shall remain in full force and effect.
THE PARTIES FURTHER ACKNOWLEDGE&AGREE AS FOLLOWS:
(1) Surety hereby consents to, and waives notice of, any alteration, change order, or other modification of the Contract and
any extension of time made by County, except that any single or cumulative change order amounting to more than twenty-five
percent(25%)of the penal sum of this bond shall require Surety's written consent.
(2) Surety recognizes that the Contract includes provisions for additions,deletions,and modifications to the work or Contract
Time and the amounts payable to Contractor. Subject to the limitations contained in paragraph(1)above, no such change or
any combination thereof,shall void or impair Surety's obligation hereunder.
(3) Surety shall indemnify, defend and protect County against any claim of direct or indirect loss
resulting from the failure:
(a) Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the
Contractor)to faithfully perform the Contract,or
(b) Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all
laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
(4) Whenever County has declared Contractor to be in default and County has given Surety written notice of such declaration,
Surety shall promptly (in no event more than thirty [30] days following receipt of such notice), specify, in written notice to
County,which of the following actions Surety intends to take to remedy such default,and thereafter shall:
(a) Remedy the default within fifteen(15)days after its notice to County,as stated in such notice;or
(b) Assume within fifteen(15)days following its notice to County, full responsibility for the completion
of the Contract in accordance with all of its provisions, as stated in such notice, and become entitled to
payment of the balance of the Contract sum as provided in the Contract;or
(c) Pay County upon completion of the Contract, in cash,the cost of completion together with all other reasonable costs
and expenses incurred by County as a result of Contractor's default, including but not limited to those incurred by County to
mitigate its losses,which may include but are not limited to attorneys'fees and the cost of efforts to complete the work prior to
Surety's exercising any option available to it under this Bond;or
(d) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon a determination
by County and Surety jointly of the lowest responsible bidder, arrange for one or more agreements between such bidder and
County, and make available as work progresses (even though there is a default or a succession of defaults under such
agreement(s) for completion arranged for under this paragraph) sufficient funds to pay the cost of completion less the balance
of the Contract price,but not exceeding,including other costs and damages for which Surety may be liable hereunder,the penal
sum of this Bond. The term"balance of the Contract price," as used in this paragraph,shall mean the total amount payable by
County to Contractor under the Contract,less the amount properly paid by County to Contractor.
(5) If County commences suit and obtains judgment against Surety for recovery hereunder, then Surety, in
addition to such judgment, shall pay all costs and attorneys' fees incurred by County in enforcement of County's
rights hereunder. The venue for any action arising out of or in connection with this bond shall be in Lewis
County,Washington.
(6) No right or action shall accrue on this Bond to or for the use of any person or corporation other than Lewis County,except
as herein provided.
(7) No rider, amendment or other document modifies this Bond except as follows, which by this reference is incorporated
herein:
SURETY'S QUALIFICATIONS:Every Surety named on this bond must appear on the United States Treasury Department's most current
list(Circular 570 as amended or superseded) and be authorized by the Washington State Insurance Commissioner to transact business as a
surety in the State of Washington. In addition,the Surety must have a current rating of at least A-:VII in A.M.Best's Key Rating Guide.
INSTRUCTIONS FOR SIGNATURES: This bond must be signed by the president or a vice-president of a corporation;the managing general
partner of a partnership;managing joint venturer of a joint venture;manager of a limited liability company or,if no manager has been designated,
a member of such LLC;a general partner of a limited liability partnership;or the owner(s)of a sole proprietorship. If the bond is signed by any
other representative, the Principal must attach currently-dated, written proof of that signer's authority to bind the Principal, identifying and
quoting the provision in the corporate articles of incorporation,bylaws,Board resolution,partnership agreement,certificate of formation,or other
document authorizing delegation of signature authority to such signer, and confirmation acceptable to the County that such delegation was in
effect on the date the bond was signed. A NOTARY PUBLIC MUST ACKNOWLEDGE EACH SIGNATURE BELOW.
FOR THE SURETY: FOR THE PRINCIPAL:
By By:
(Signature of Attorney-in-Fact) (Signature of authorized signer for Contractor)
(Type or print name of Attorney-in-Fact) (Type or print name of signer for Contractor)
(Type or print telephone number for Attorney-in-Fact) (Type or print title of signer for Contractor)
STATE OF )
)ss: ACKNOWLEDGMENT FOR CONTRACTOR
COUNTY OF )
On this day of , ,before me a notary public in and for the State of ,duly commissioned and sworn,
personally appeared ,the person described in and who executed the foregoing bond,and acknowledged to me
that signed and sealed said bond as the free and voluntary act and deed of the Contractor so identified in the foregoing bond for the uses
and purposes therein mentioned,and on oath stated that is authorized to execute said bond for the Contractor named therein. WITNESS
my hand and official seal hereto affixed the day and year in this certificate first above written.
(Signature of Notary Public) (Print or type name of Notary Public)
Notary Public in and for the State of residing at
My commission expires SEAL
STATE OF )
)ss: ACKNOWLEDGMENT FOR SURETY
COUNTY OF )
On this day of , ,before me a notary public in and for the State of ,duly commissioned and sworn,
personally appeared ,Attorney-in-Fact for the Surety that executed the foregoing bond,and acknowledged said
bond to be the free and voluntary act and deed of the Surety for the uses and purposes therein mentioned,and on oath stated that is
authorized to execute said bond on behalf of the Surety,and that the seal affixed on said bond or the annexed Power of Attorney is the corporate
seal of said Surety.WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written.
(Signature of Notary Public) (Print or type name of Notary Public)
Notary Public in and for the State of residing at
My commission expires SEAL 4
7 .
CERTIFICATE
OF
INSURANCE
EXHIBIT 1 -- INSURANCE COVERAGE REQUIREMENTS
✓ INDICATES WHAT TYPE OF INSURANCE IS REQUIRED
LIMITS OF LIABILITY
TYPE OF INSURANCE
Each Aggregate
Occurrence
GENERAL LIABILITY
✓ Comprehensive Form Bodily Injury $1,000,000 $2,000,000
✓ Premises-Operations Property Damage $1,000,000 $2,000,000
Explosion &Collapse Hazard
Underground Hazard
OR
✓ Products/Completed Operations Hazard
✓ Contractual Insurance Bodily Injury and Property Damage $1,000,000 $2,000,000
Combined Single Limit
✓ Broad Form Property Damage,
Incl. Care, Custody Control
✓ Independent Contractors
✓ Personal Injury Personal Injury $1,000,000 $2,000,000
AUTOMOBILE LIABILITY
✓ Comprehensive Form Bodily Injury(Each Person) $1,000,000
✓ Owned Bodily Injury(Each Accident) $1,000,000
✓ Hired Property Damage OR $1,000,000
✓ Non-Owned Bodily Injury& Property Damage $1,000,000
Combined Single Limit
EXCESS LIABILITY(Over and above automobile and general liability
Umbrella Form Bodily Injury/Property Damage $1,000,000 $1,000,000
Combined OR
✓ Excess Liability Gap Layer $500,000 $500,000
✓ WORKER'S COMPENSATION and Statutory
✓ EMPLOYER LIABILITY $1,000,000
OTHER
Builder's All Risk Amount of Contract Price $
Errors&Omissions (Professional Liability) $500,000
Please indicate: Claims-Made Form: , Occurrence Form:
Extending Reporting Provisions Avail.
The Contractor's insurance company must provide a certificate of insurance on the Lewis County form
showing the above required coverage and modified to conform to the following endorsement. The following
endorsement must also be signed by the insurer.
FORM LEWIS COUNTY' WA THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY.
12.16.03Mari THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE
CS-FACIE CERTIFICATE OF INSURANCE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED(Legal name and business address) CERTIFICATE HOLDER: CONTRACT
LEWIS COUNTY,WASHINGTON NUMBER
DEPT.OF CENTRAL SERVICES
LEWIS COUNTY HISTORICAL COURTHOUSE DATE ISSUED:
351 N.W.NORTH STREET
CHEHALIS,WASHINGTON 98532
PROJECT DESCRIPTION/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS:
This is to certi that.olicies of Insurance listed below have been issued to the Insured named above for the .olic .eriod indicated.
CO TYPE OF INSURANCE POLICY NUMBER Date Policy Date Policy ALL LIMITS IN THOUSANDS
LTR Effective Expires
(MM/DD/YY) (MM/DD/YY)
GENERAL LIABILITY General Aggregate $
—
Commercial General Liability Products Comp/Ops Aggregate $
IClaims Made a Occurrence Personal&Advertising Injury $
Owner's&Contractors Protection Each Occurrence $
_
Fire Damage(Any One Fire) $
Deductible $ Medical Expense(Any One Person) $
AUTOMOBILE LIABILITY CSL $ RP
_ Any Auto
_ All Owned Autos Bodily Injury
Scheduled Autos (per person) $
Hired Autos Bodily Injury
_ Non-Owned Autos (per accident) $
_ Garage Liability Property
Deductible $ Damage $
EXCESS LIABILITY Each Occurrence Aggregate
Other Than Umbrella Form $ $
WORKERS STATUTORY
COMPENSATION $ (Each Accident)
5 (Disease Policy Limit)
AND $ (Disease-Each Employee)
EMPLOYER'S LIABILITY
OTHER
ADDITIONAL PROVISIONS
LEWIS COUNTY is included as"primary,non-contributory"additionally insured as related to the above-mentioned project.
Should any of the above described policies be cancelled before the expiration date thereof,the issuing Company must deliver or mail not less than 45 days written notice to
the above Certificate Holder,per RCW 48.18.290
COMPANIES AFFORDING COVERAGE ISSUING COMPANY,AGENT OR REPRESENTATIVE
NOTE: Attach a separate sheet to this certificate giving
all the company names and their percentage of coverage,if NAME:
clarification is needed,
A ADDRESS:
0 B
a.)
a AutJroriycd a gnature
ccu C Title
a.
cD Signature Date
U Sigpee Name
E Telephone No.
8 .
NON-COLLUSION
AFFIDAVIT
NON-COLLUSION AFFIDAVIT
STATE OF WASHINGTON
COUNTY OF Lewis County
'he undersigned, being duly sworn, deposes and says that the person, firm, association, co-partnership or corporation herein
amed, has not, either directly or indirectly, entered into any agreement,participated in any collusion, or otherwise taken any
ction in restraint of free competitive bidding in the preparation and submission of a proposal to LEWIS COUNTY for
onsideration in the award of a contract on the improvement described as follows:
Chehalis Ridge Radio Site Project#31-1617
'urther, that this bid is not a sham or collusion, and in no respect or degree is the bid made in the interest or on behalf of any
,erson, firm,or corporation not named in the Proposal containing such bid.
CORPORATE SEAL)
Name of Firm
Signature of Authorized Member
WORN to before me this day of ,20
SEAL)
Notary Public in and for the State of Washington
Residing at:
My commission expires:
9 .
BID FORM
Project Name: Chehalis Ridge Radio Site Project Project No.: 31-1617
Name of Firm:
LEWIS COUNTY
DEPARTMENT OF CENTRAL SERVICES
FACILITIES DIVISION
351 NW NORTH ST,MS:PSDO5
CHEHALIS,WA 98532
BID PROPOSAL
In compliance with the contract documents,the following bid proposal is submitted:
1) BASE BID(Including Trench Excavation Safety Provisions)
(Please print dollar amount in space above) (do not include Washington State Sales Tax)
TRENCH EXCAVATION SAFETY PROVISIONS $
(Included also 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.
2) BID ALTERNATES(Sped whether additive or deductive)
(1) $
(2) $
(3) $
(4) $
• (5) $
(6) $
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.
Project Name: Chehalis Rid2e Radio Site Project Project No.: 31-1617
Name of Firm:
UNIT PRICES (Where applicable)(Do not include Washington State Sales Tax)
Unit Estimated Quantities Additive Deductive Unit Per
Item No. Description Unit Price Price Measurement
1 $ $
2. $ $
3. $ $
4. $ $
5. $ $
The above unit prices shall be for any additive and deductive work within 15%of the above estimated quantities. The
unit price shall include full compensation for the cost of labor, materials, equipment, overhead, profit and any
additional costs associated with the unit bid.
The Owner reserves the right to accept or reject any or all unit prices within sixty(60)days of the bid date.
Subcontractor Listing — 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 directly subcontract for performance of the following work. If the
bidder intends to perform the work,the bidder must enter its name for that category of work.
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.
Failure of the bidder to submit the NAMES of such subcontractors or to name itself to perform such work
shall render the bidder's bid nonresponsive and,therefore,void.
Designated Work Firm Name
1. Heating Ventilation
Air Conditioning(HVAC)
l.a. HVAC Alternate Bid#
(if applicable)
2. Plumbing
2.a. Plumbing Alternate Bid#
(if applicable)
3. Electrical
3.a. Electrical Alternate Bid#
(if applicable)
Bidder may attach a separate sheet for additional alternate bid subcontractors.
Project Name: Chehalis Ridge Radio Site Project Project No.: 31-1617
Name of Firm:
Apprenticeship Requirements
The apprentice labor hours required for this project are_15_% of the total labor hours. The undersigned agrees to utilize this
level of apprentice participation. Voluntary workforce diversity goals for this apprentice participation are identified in the
Instructions To Bidders and Supplemental Conditions.
Liquidated Damages
The undersigned agrees to pay the Owner as liquidated damages the sum of $_50.00 for each consecutive
calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the contract by
change order.
Receipt of Addenda
Receipt of the following addenda is acknowledged:
Addendum No._ Addendum No.
Addendum No._ Addendum No.
Addendum No._ Addendum No.
Name of Firm
NOTE:If bidder is a corporation,write State of Incorporation;if a partnership,give full names and addresses of all parties below.
Signed by ,Official Capacity
Print Name
Address_
City State Zip Code
Date Telephone FAX
State of Washington Contractor's License No.
Federal Tax ID# e-mail address:
BOCC AGENDA ITEM SUMMARY
Resolution: 21-235 BOCC Meeting Date: June 29, 2021
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Call for Bids for the Chehalis Ridge Radio Site
Contact: Doug Carey Phone: 3607401337
Department: IS - Internal Services (including SWWF and Facilities)
Description:
Call for Bids for the Chehalis Ridge Radio Tower
Approvals: Publication Requirements:
Publications:
User Status The Chronicle June 29 and July 6
The Seattle Daily Journal June 29
PA's Office Approved
Scott Smitherman Pending
Additional Copies: Cover Letter To: