Regular Meeting Agenda 02/18/25

Steve Rader, Commissioner District 1 Steven L. Ferrell, Commissioner District 2 Richard R. Dahl, Commissioner District 3 Kelly Grayson, Clerk of the Board

Regular Public Meeting February 18, 2025, 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.        

Invocation by Invitation Pledge of Allegiance Minutes of February 10-12, 2025 Consent Agenda of February 18, 2025 Proclamations Call for Bids Motion Items Public Comments

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Phone Option: (253) 215-8782 Webinar ID: 820 1961 3917

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Citizen Participation may be anonymous. See RCW 42.30.040

Proclamations 1. Proclamation submitted by the Emergency Support Shelter requesting Cowlitz County to Declare February 2025 as Teen Dating Awareness Month. (14031)

Consent Agenda Call for Bids 2. Call for Bids for a Steel Structural Plate Arch for the Garlock Road Delameter Creek Fish Passage Project scheduled for Monday, March 10, 2025, at 1:30 p.m. (14024) Agreements/Contracts/Bid Awards 3. Completion Letter to Pile Contractors, Inc. for the Hazel Dell Slide Repair project.

(14013) 4. Agreement with Mark Scheibmeir to serve as the Cowlitz County Hearing Examiner.

The cost will not exceed $20,000 per year. (14015)

Page 1 of 5

Regular Public Meeting February 18, 2025, 9:00 a.m.

5. Contract Execution with Rotschy, Inc. for the Tower Rd Water Main & Juanita Way Booster Pump Station project. The total amount is $1,549,631.76. (14021) Resolutions 6. Resolution to Approve Surety Bond for Calendar Year 2025. (14005) Board Correspondence 7. Letters/Notices a. Affidavit of Posting Resume for the month of January 2025. (14014) b. Federal Energy Regulatory Commission (FERC) Notice dated 1/31/2025 regarding an Order Granting Extension of Time to Complete Beaver Bay Campground Renovations. (14026) c. Federal Energy Regulatory Commission (FERC) Notice dated 1/30/2025 regarding the Twelfth Consultant's Safety Inspection Report (CSIR), Yale Project.

(14027) d. Letter dated 2/18/2025 to Gregory Hannon reappointing him to the Solid Waste Advisory Committee representing Citizens. This is a 2-year term that expires March 31, 2027. (14028) e. Letter dated 2/18/2025 to William Hoskins appointing him to the Stormwater Advisory Committee. This is a 2-year term that expires December 31, 2026.

(14029) f. Letter dated 2/18/2025 to Nikki Jolly appointing her to the Yale Valley Library District Trustee. This is a 5-year term that expires February 28, 2030. (14030) 8. Executed Contracts/Agreements/Resolutions a. Recorded Warranty Deed for Right of Way Purposes from Consolidated Diking Improvement District No. 2 for Project 1299 Dike Road Reconstruction Phase II. (14016) b. Recorded Temporary Construction Easement for Right of Way Purposes from David Waldow and Sandra Ritenburgh-Waldow for Project 1299 Dike Rd Reconstruction Phase II. (14017) c. Recorded Temporary Construction Easement for Right of Way Purposes from the Peterson Family Trust for Project 1299 Dike Road Reconstruction Phase II. (14018) d. Recorded Temporary Construction Easement for Right of Way Purposes from the Peterson Farmland 1 LLC for Project 1299 Dike Rd Reconstruction Phase II. (14019) e. Recorded Temporary Construction Easement for Right of Way Purposes from the Consolidated Dike Improvement District for Project 1299 Dike Rd Reconstruction Phase II. (14022)

Page 2 of 5

Regular Public Meeting February 18, 2025, 9:00 a.m.

Vouchers The following vouchers/warrants are approved for payment: Fund Claims Claims Claims Claims Claims Claims Claims Claims Special Purpose District No. 1 Special Purpose District No. 1 Special Purpose District No. 1 Special Purpose District No. 2 Special Purpose District No. 2 Special Purpose District No. 2 Special Purpose District No. 2 Payroll Payroll Total

Voucher Numbers 1000020650-1000020724 1000020725-1000020740 1000061817-1000061936 1000061937-1000061944 1000061945-1000061946 1000020741-1000020747 1000020748-1000020824 1000061947-1000062231 5000003082-5000003102 5000019202-5000019246 5000019247-5000019247 7000000451-7000000451 7000004094-7000004095 7000000452-7000000462 7000004096-7000004099 281596-281596 163685-163707

Amount $ 842,773.30 1,734,918.66 1,846,530.35 49,233.49 57.01 911.01 381,787.41 2,304,065.42 50,570.20 107,565.86 1,739.81 924.00 155.55 13,512.31 27,595.24 1,331,654.32 26,671.22 $ 8,720,665.16

Motion Items Public Works 9. Bid Award to Tapani, Inc. for the Toutle Wastewater Treatment Plant Improvement Project. The total amount is $1,492,328.90. (14023) 10. Amendment No. 2 to the Professional Services Agreement with Gibbs & Olson, Inc. for the Toutle Wastewater Treatment Plant Improvements to provide construction inspection services for this project. The total cost will not exceed $479,000. (14025) Health & Human Services 11. Agreement with Housing Opportunities of Southwest Washington to provide permanent, supportive housing and case management services for residents and their children residing at Phoenix House through the Washington State Department of Commerce.

The cost is on a reimbursement basis, not to exceed $133,250.00 (no fiscal change from last contract). (13998) 12. Agreement with Emergency Support Shelter to provide funding to support shelter operations for individuals who are at risk to domestic violence and/or fleeing violence Page 3 of 5

Regular Public Meeting February 18, 2025, 9:00 a.m. and abuse through local Document Recording Fees. The cost is on a reimbursement basis, not to exceed $150,000.00 (no fiscal change from last contract). (13999) 13. Agreement with Community House on Broadway to operate as a coordinated entry access point to connect households who are experiencing homelessness or at risk of becoming homeless with community resources, housing options, and support services through the Washington State Department of Commerce. The cost is on a reimbursement basis, not to exceed $25,000 (a decrease of $28,568 from the last contract). (14004) 14. Agreement with Emergency Support Shelter to operate as a coordinated entry access point to connect households who are experiencing homelessness or at risk of becoming homeless with community resources, housing options, and support services through the Washington State Department of Commerce. The cost is on a reimbursement basis, not to exceed $40,000.00 (no change from last contract). (14006) 15. Agreement with Cowlitz Family Health Center to operate as a coordinated entry access point to connect households who are experiencing homelessness or at risk of becoming homeless with community resources, housing options, and support services through the Washington State Department of Commerce. The cost is on a reimbursement basis, not to exceed $27,900.00 (a decrease of $25,648 from the last contract). (14012)

Updates Chairman Updates Upcoming Events:      

Tuesday, February 25th @ 10:00 a.m. – Board of Health Wednesday, February 26th @ 2:30 p.m. – Cowlitz Public Facilities District Master Plan Wednesday, April 2nd @ 2:30 p.m. – Rural Public Facilities Applications Wednesday, April 16th @ 2:30 p.m. – Rural Public Facilities Presentations Wednesday, April 23rd @ 2:30 p.m. – Department of Fish & Wildlife Wednesday, April 30th @ 2:30 p.m. – Department of Ecology

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040

Page 4 of 5

Regular Public Meeting February 18, 2025, 9:00 a.m.

RCW 42.30.040 - Conditions of attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing.

Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.   

Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas---Regular-Public-Meetings ZOOM Invitation Address (for all meeting days): o https://us06web.zoom.us/j/82019613917 KLTV Live Feed Address: http://www.kltv.org

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AS-14031 BOCC Agenda Meeting Date: 02/18/2025 Proclamation for Teen Dating Awareness Month February 2025 Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Proclamations

Information Subject and Summary Statement Proclamation submitted by the Emergency Support Shelter requesting Cowlitz County to Declare February 2025 as Teen Dating Awareness Month.

Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Proclamation Form Review Form Started By: Kelly Grayson Final Approval Date: 02/13/2025

Started On: 02/13/2025 08:56 AM

1.

Resolution:______________

PROCLAMATION BEFORE THE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WA In the Matter of declaring February 2025 As Teen Dating Awareness Month In Cowlitz County

) ) )

WHEREAS, teen dating violence is a serious public health issue affecting young people across the United States; and WHEREAS, teen dating violence can take many forms, including physical, emotional, sexual, and verbal abuse; and WHEREAS, one in three adolescents in the United States experience some form of physical, sexual, or emotional abuse from a dating partner; and WHEREAS, early intervention and prevention efforts are crucial to breaking the cycle of teen dating violence; and WHEREAS, raising awareness about teen dating violence and providing support to victims is essential to creating a safe and healthy environment for all young people; NOW, THEREFORE, BE IT PROCLAIMED that [City Name] City Council hereby designates the month of February as Teen Dating Violence Awareness Month in our city.

BE IT FURTHER PROCLAIMED that we encourage all citizens to learn more about teen dating violence and to support efforts to prevent and address this critical issue.

BE IT FURTHER PROCLAIMED that we urge all young people to seek help if they are experiencing dating violence and to know that they are not alone.

BE IT FURTHER PROCLAIMED that we encourage all schools and community organizations within our city to actively participate in Teen Dating Violence Awareness Month by organizing educational workshops, awareness campaigns, and support groups for young people. We urge them to utilize this opportunity to educate students and community members about healthy relationships, the signs of teen dating violence, and the available resources for support and assistance.

Page 1 of 2

Resolution:______________

BE IT FURTHER PROCLAIMED that we recognize the vital role of local resources in supporting victims of teen dating violence. We specifically acknowledge Emergency Support Shelter as a valuable resource within our community, offering support services, prevention and education to our community. We encourage anyone affected by teen dating violence to reach out to Emergency Support Shelter or other local support organizations for assistance.

Issued this _____ day of ______________, 2025.

Board of County Commissioners Of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner Affidavit: _______________________________ Kelly Grayson, Clerk of the Board

Page 2 of 2

AS-14024 2.

BOCC Agenda Meeting Date: 02/18/2025 CALL FOR BIDS - Garlock Road Delameter Creek Fish Passage Project - Project No. 1779 - Purchase of Steel Structural Plate Arch Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached are the necessary documents to initiate the call for bids for a steel structural plate arch for the Garlock Road Delameter Creek Fish Passage Project. The project will construct a 55-foot span steel structural plate arch to replace the concrete box culvert on Garlock Road at milepost 0.72 (on Delameter Creek). This project is funded by the Brian Abbott Design Fish Barrier Removal Board. For the construction phase, the project will receive $1,657,500 in grant funds (85% of project costs) with 15% local match.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to approve the call for bids, set a time for the bid opening and publish the Notice in the usual manner.

Attachments Notice to Contractors Call for Bids Bid Proposal Form Form Review Inbox Roger Maurer Susan Eugenis Emilie Cochrane Roger Maurer Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Roger Maurer

Date 02/11/2025 03:31 PM

Emilie Cochrane Roger Maurer Susan Eugenis Mike Moss

02/11/2025 03:40 PM 02/11/2025 03:41 PM 02/11/2025 05:24 PM 02/12/2025 12:48 PM Started On: 02/11/2025 12:30 PM

NOTICE TO BIDDERS CALL FOR BIDS FOR PURCHASE OF MATERIALS Garlock Road Delameter Creek Fish Passage Project Steel Structural Plate Arch

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Cowlitz County, Washington, will receive bids for furnishing to Cowlitz County, a steel structural plate arch.

Sealed bids will be received only at the office of the County Engineer, Attn: County Engineer, Public Works Administration Building, 1600 - 13th Avenue South, Kelso, Washington, 98626, prior to 1:30 o'clock p.m., on Monday, March 10, 2025, at which time all bids received will be publicly opened and read in the Public Works Training Room. Bids received after the time fixed for receiving bids will not be considered.

Plans, specifications and proposal forms will be furnished, upon request, by the Department of Public Works, 1600 – 13th Avenue South, Kelso, Washington, 98626, telephone (360) 577-3030. The bid proposal, plans, bid specifications, and bid results may also be viewed on the Cowlitz County Department of Public Works internet website at www.co.cowlitz.wa.us/235/public-works/.

The Board reserves the right to reject any and all bids, to waive informalities in the bids, and to accept the bid of the lowest responsive, responsible bidder as it best serves the interests of the County.

DATED this 18th day of February, 2025.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Published: PUBLICATION REQUIREMENT: To be published in one issue at least thirteen (13) days prior to bid opening.

BILLING INFORMATION: 1) AFFIDAVITS TO:

2)

BILL TO:

Cowlitz County Commissioners ATTN: Clerk of the Board Cowlitz County Department of Public Works 1600 – 13th Avenue South Kelso, WA 98626

P.O. 001011

CALL FOR SEALED BIDS AND PROPOSALS Garlock Road Delameter Creek Fish Passage Project Steel Structural Plate Arch

Sealed bids will be received only at the office of the County Engineer, Attn: County Engineer, Public Works Administration Building, 1600 - 13th Avenue South, Kelso, Washington 98626, prior to 1:30 o'clock p.m., on Monday, March 10, 2025, at which time all bids received will be publicly opened and read in the Public Works Training Room for furnishing a steel structural plate arch to Cowlitz County. Bids received after the time fixed for receiving bids will not be considered.

All bids must be submitted upon the attached Proposal forms. The outside of the envelope must have the following information: 1)

Mailing Address:

Cowlitz County Department of Public Works ATTN: County Engineer 1600 - 13th Avenue South Kelso, WA 98626

2)

Bid Description:

Steel Structural Plate Arch

3)

Date of Bid Opening: Monday, March 10, 2025 @ 1:30 p.m.

County offices are not open for mail or other deliveries on weekends, County holidays, or inclement weather closures. The County assumes no responsibility either for delays in USPS mail or County interoffice mail services, or for bids delivered to County offices or personnel other than to the specified office and personnel. Bids received after the date and time stated in this call for bids will not be accepted and will be returned unopened to Bidder. There will be no exceptions or waivers of this requirement.

Firm price is solicited for the steel structural plate arch listed in the Bid Proposal below. Cowlitz County will accept no additional charges including, but not limited to freight, fuel surcharges and other charges. Purchase will be made for the steel structural plate arch described in the bid specifications.

Payment for purchases will be made according to State Statute, in the month following delivery of materials, providing a properly detailed invoice has been furnished.

The Board reserves the right to reject any and all bids, to waive informalities in the bids, and to

accept the bid of the lowest responsive, responsible bidder as it best serves the interests of the County.

DATED this 18th day of February, 2025.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ___________________________________ Richard R. Dahl, Chairman ___________________________________ Steve Rader, Commissioner ___________________________________ Steven L. Ferrell, Commissioner

ATTEST: ___________________________________ Kelly Grayson, Clerk of the Board

BID PROPOSAL The undersigned agrees to furnish the following materials in accordance with the attached specifications, with no deviations except as noted.

Bid Submitted By:_______________________________________________________________ (Company Name) Signature:

_____________________________________ Title: ____________________

Name Printed:

_____________________________________ Date: ____________________

Address of Bidder:

_________________________________________________________ _________________________________________________________

Phone: ________________

Fax: ___________________

Email: ________________________

~~~~~~~~ SPECIFICATIONS AND PROVISIONS 1.

All materials shall comply with the Standard Specifications for Road, Bridge and Municipal Construction, 2025 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereinafter “Standard Specifications”).

2.

Steel Structural Plate Arch. specifications:

All items purchased hereunder shall comply with the following

BID ITEM: STEEL STRUCTURAL PLATE ARCH This bid item shall be accomplished in accordance with the Plans and Standard Specification Section 6-20, except as modified below.

6-20.1 Description Section 6-20.1 is supplemented with the following: (******) This bid is for purchasing the steel structural plate arch that will be installed under a separate contract.

Garlock Road Delameter Creek Fish Passage Project - Steel Structural Plate Arch

Page 1 of 4

6-20.3 Construction Requirements 6-20.3(1) Design 6-20.3(1)A Design Delivery Method 6-20.3(1)A1 Contractor Supplied Design Section 6-20.3(1)A1 is supplemented with the following: (******) The steel structural plate arch shall be designed by the Vendor. The Vendor shall comply with all requirements of Section 6-20.3(1)A1 and all other applicable subsections of Section 6-20.3(1) for the design of the steel structural plate arch. Foundations, headwalls and wingwalls are designed by the Agency, and are not part of the Steel Structural Plate Arch bid item.

6-20.3(2) Submittals 6-20.3(2)A Plans, Specifications and Calculations Section 6-20.3(2)A is supplemented with the following: (******) The Vendor shall comply with all provisions of Section 6-20.3(2)A. 6-20.3(2)B Load Rating Report Section 6-20.3(2)B is supplemented with the following: (******) The Vendor shall comply with all provisions of Section 6-20.3(2)B. 6-20.3(2)C Dewatering System Section 6-20.3(2)C is supplemented with the following: (******) The provisions of Section 6-20.3(2)C do not apply to the Vendor for the steel structural plate arch bid item.

6-20.3(2)E Installation Plan Delete Section 6-20.3(2)E and replace with the following: (******) For Class 2 Buried Structures, the Vendor shall submit a Type 2E Working Drawing consisting of an installation plan, including the manufacturer’s installation instructions, Working Drawings and substantiating calculations. The installation plan shall cover all aspects of installation, including but not limited to unit identifier and placement location, assembly, how alignment of the units will be maintained and how adjustments to alignment will be accomplished, how units will be pulled together to attain the proper joint gap, bolting requirements, backfilling requirements and shape control during backfilling. The installation plan shall address all bracing requirements and how the Structure is monitored during and after construction and backfilling to ensure the finished product meets all design and construction requirements and all geometric tolerances. Minimum backfill cover over the structure to support construction equipment loadings shall be specified.

Garlock Road Delameter Creek Fish Passage Project - Steel Structural Plate Arch

Page 2 of 4

6-20.3(8) Placement and Assembly 6-20.3(8)B Structural Plate Structures Section 6-20.3(8)B is supplemented with the following: (******) During installation of the steel structural plate arch, the Vendor shall provide a qualified and experienced representative able to resolve construction problems. The Vendor’s representative shall provide instructions and recommendations to the Agency’s contractor and shall inspect the completed steel structural plate arch installation.

6-20.5 Payment Section 6-20.5 is supplemented with the following: (******) “Steel Structural Plate Arch”, lump sum.

The lump sum price for “Steel Structural Plate Arch” shall be full pay for fabricating the components of the steel structural plate arch as specified in the bid specifications and shown on the Plans, including fabrication, galvanizing, loading and shipping to the project location. Offloading of the steel structural plate arch components at the project location shall be performed by a contractor under a separate contract with the County. The lump sum price shall also include manufacturer’s installation instructions, providing a Vendor’s representative to instruct the Agency’s contractor during installation of the steel structural plate arch, and inspect the completed steel structural plate arch installation. The lump sum price shall also include the load rating report.

3.

Vendor shall bill the County 5% when the submittals are approved. Vendor shall bill the County the next 85% when the materials are delivered. Vendor shall bill the County the remaining 10% when the load rating report is completed. The County shall make payment according to its customary payment schedule.

4.

Vendor shall provide all components of the steel structural plate arch necessary for the construction of the buried structure as shown on the Plans. Delivery to the project site shall be scheduled with the County. The vendor shall fabricate all components of the steel structural plate arch and have ready for delivery within 112 calendar days of the award of contract.

5.

Vendor warrants that all components of the steel structural plate arch delivered hereunder shall be free from defects in material and workmanship, shall conform to all applicable specifications and shall be fit for the County's intended use in road and drainage projects. Upon being notified that any item delivered hereunder fails to comply with the foregoing warranty, Vendor shall promptly repair or replace the defective item(s) to the County's satisfaction. No acceptance of, use of, or payment for such item(s) shall be deemed to constitute acceptance of any defect(s), nor release Vendor from its obligations under its warranty.

6. Professional Liability The Vendor and/or its design consultant providing design-related professional services shall provide evidence of Professional Liability insurance covering professional errors and omissions.

Garlock Road Delameter Creek Fish Passage Project - Steel Structural Plate Arch

Page 3 of 4

Such policy shall provide the following minimum limits: $1,000,000 per claim and annual aggregate If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract.

BID PROPOSAL GARLOCK ROAD DELAMETER CREEK FISH PASSAGE PROJECT STEEL STRUCTURAL PLATE ARCH

Quantity

Item

Lump Sum

Steel Structural Plate Arch

Amount

$

Washington State Sales Tax (7.8%) $

Total Including Sales Tax $

TOTAL COST TO COWLITZ COUNTY .......................................................................... $______________

Garlock Road Delameter Creek Fish Passage Project - Steel Structural Plate Arch

Page 4 of 4

AS-14013 B. 3.

BOCC Agenda Meeting Date: 02/18/2025 CONTRACT COMPLETION - Hazel Dell Road Slide Repair - Project No. 1772 - Pile Contractors, Inc. Submitted For: Gary Gonser, Public Works Submitted By: Lynn Ruffe, Public Works Department: Public Works Information Subject and Summary Statement A final inspection of the Hazel Dell Slide Repair project has been made by the Department of Public Works and all phases of the work have been found to be satisfactorily complete. The project was constructed in accordance with the plans and specifications with all material incorporated in the project meeting specifications. The final cost of the project was $817,831.79. A copy of the Construction Cost Summary is attached.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to accept the contract with Pile Contractors, Inc. for the Hazel Dell Slide Repair project as being complete by signing the attached letter.

Please return the original signed letter for mailing.

Fiscal Impact Expenditure Required $: 817,831.79 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Roads Grant Y-N: Attachments Contract Completion Letter Cost Summary Form Review Inbox Gary Gonser Susan Eugenis Mike Moss, Public Works Form Started By: Lynn Ruffe Final Approval Date: 02/11/2025

Reviewed By Gary Gonser Susan Eugenis Mike Moss

Date 02/10/2025 03:38 PM 02/10/2025 05:03 PM 02/11/2025 09:37 AM Started On: 02/10/2025 11:59 AM

Board of Cowlitz County Commissioners

Commissioners Steve Rader, Commissioner District 1 Steven L. Ferrell, Commissioner District 2 Richard R. Dahl, Commissioner District 3 Kelly Grayson, Clerk of the Board

February 10, 2025

Pile Contractors, Inc. P.O. Box 1079 Ravensdale, WA 98051 SUBJECT:

Hazel Dell Slide Repair Project No. 1772 Contract Completion

We have received certification from our Department of Public Works that you have satisfactorily completed your contract with Cowlitz County for the Hazel Dell Slide Repair project. Therefore, we accept your contract as being complete.

Your retainage will be held for thirty (30) days from this date and until releases are received from the Department of Labor and Industries and the Department of Revenue.

Very truly yours, BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner BOCC:lr cc:

County Auditor Accounting Section

Cowlitz County Board of Commissioners 207 North 4th Avenue Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 cowlitz@cowlitzwa.gov www.co.cowlitz.wa.us

COST SUMMARY Project Hazel Dell Road Slide Repair Contractor Pile Contractors, Inc Start Date August 12, 2024 Completion Date November 8, 2024

Unit

Quantity

Quantity

Final Cost Unit Price

1

Miscellaneous Construction

Lump Sum

1

10,000.00

10,000.00

10,000.00

10,000.00

-

10,000.00

-

2

Replacement Staking Services

Hours

1

(200.00)

(200.00)

(200.00)

(200.00)

-

(200.00)

-

3

Mobilization

Lump Sum

1

57,000.00

57,000.00

83,000.00

83,000.00

1.00

83,000.00

83,000.00

4

Project Temporary Traffic Control

Lump Sum

1

55,000.00

55,000.00

50,000.00

50,000.00

1.00

50,000.00

50,000.00

5

Clearing And Grubbing

Lump Sum

1

5,000.00

5,000.00

5,000.00

5,000.00

1.00

5,000.00

5,000.00

6

Removal Of Structures And Obstructions

Lump Sum

1

5,000.00

5,000.00

8,000.00

8,000.00

1.00

8,000.00

8,000.00

7

Roadway Excavation, Embankment and Disposal Incl. Haul

CY

540

35.00

18,900.00

50.00

27,000.00

540.00

50.00

27,000.00

8

Trimming And Cleanup

Lump Sum

1

2,000.00

2,000.00

1,000.00

1,000.00

1.00

1,000.00

1,000.00

9

Construction Geotextile For Separation

SY

342

4.00

1,368.00

5.00

1,710.00

380.00

5.00

1,900.00

10

Structural Fill Including Haul

Ton

633

35.00

22,155.00

50.00

31,650.00

247.75

50.00

12,387.50

11

Crushed Surfacing Base Course

Ton

276

36.00

9,936.00

70.00

19,320.00

290.94

70.00

20,365.80

12

HMA Class 3/8 Inch PG 58H-22

Ton

58

145.00

8,410.00

375.00

21,750.00

59.43

375.00

22,286.25

13

HMA Class 3/8 Inch PG 58H-22 For Approach

1,500.00

14

Asphalt Cost Price Adjustment

15

Item No.

Bid Item

Engineer's Estimate Unit Unit Price Amount

Pile Contractors, Inc Bid Bid Price Amount

Amount

Ton

3

380.00

1,140.00

375.00

1,125.00

4.00

375.00

Calculation

1

-

-

-

-

-

-

-

Gravel Backfill for Wall

CY

145

90.00

13,050.00

50.00

7,250.00

143.02

50.00

7,151.00

16

Shaft - 30 IN. Diameter

LF

450

250.00

112,500.00

392.00

176,400.00

453.97

392.00

177,956.24

17

Furnishing Soldier Pile - HP14x89

LF

565

250.00

141,250.00

150.00

84,750.00

565.00

150.00

84,750.00

18

Precast Concrete Lagging

SF

1135

100.00

113,500.00

170.00

192,950.00

1,135.00

170.00

192,950.00

19

Prefabricated Drainage Mat

SY

100

50.00

5,000.00

10.00

1,000.00

100.00

10.00

1,000.00

20

Removal of Soldier Pile Shaft Obstructions (EST)

Force Account

1

10,000.00

10,000.00

10,000.00

10,000.00

-

10,000.00

21

Permanent Ground Anchor

EA

12

7,000.00

84,000.00

6,000.00

72,000.00

12.00

6,000.00

72,000.00

22

Permanent Ground Anchor Performance Test

EA

3

2,500.00

7,500.00

1,000.00

3,000.00

3.00

1,000.00

3,000.00

23

Drain Pipe, 4-inch Diameter

LF

141

40.00

5,640.00

20.00

2,820.00

233.00

20.00

4,660.00

24

Corrugated Polyethylene Culvert Pipe 12-In. Diam.

LF

40

80.00

3,200.00

50.00

2,000.00

40.00

50.00

2,000.00

25

Erosion Control and Water Pollution Prevention

Lump Sum

1

15,000.00

15,000.00

15,000.00

15,000.00

1.00

15,000.00

15,000.00

26

Beam Guardrail Type 1

LF

175

50.00

8,750.00

75.00

13,125.00

175.00

75.00

13,125.00

27

Removing Guardrail

LF

175

10.00

1,750.00

32.00

5,600.00

175.00

32.00

5,600.00

28

Mailbox Support, Type 1

Each

1

1,000.00

1,000.00

800.00

800.00

1.00

800.00

800.00

29

Paint Line

LF

750

5.00

3,750.00

2.00

1,500.00

2,700.00

2.00

5,400.00

Grand Total

721,599.00

847,550.00

-

817,831.79

AS-14015 Consent BOCC Agenda Meeting Date: 02/18/2025 Personal Services Agreement with Mark Scheibmeir, Hearing Examiner Submitted For: Traci Jackson Submitted By: Traci Jackson Department: Building & Planning

B. 4.

Information Subject and Summary Statement Agreement with Mark Scheibmeir to serve as the Cowlitz County Hearing Examiner. The Hearing Examiner services under the direction of the Board of County Commissioners and hears a variety of land use, health, and other permit and appeal hearings, enumerated in Cowlitz County Code 2.05.010(B).

The cost of the contract is set not to exceed $20,000 per year and will commence immediately upon approval of the Board.

Will Staff Attend - NAME OF STAFF Traci Jackson Department Recommendation The department recommends approval of said contract.

Attachments contract Form Review Form Started By: Traci Jackson Final Approval Date: 02/11/2025

Started On: 02/10/2025 04:01 PM

AS-14021 B. 5.

BOCC Agenda Meeting Date: 02/18/2025 CONTRACT DOCUMENTS and BOND IN LIEU OF RETAINAGE - Tower Road Water Main & Juanita Way Booster Pump Station Project - Project No. 2951 - Rotschy, Inc. Submitted For: Susan Eugenis, Public Works Submitted By: Lynn Ruffe, Public Works Department: Public Works Information Subject and Summary Statement Attached are the contract documents with Rotschy, Inc. for the Tower Rd Water Main & Juanita Way Booster Pump Station project, which includes a Bond in Lieu of Retainage from The Cincinnati Insurance Company. This project was awarded on January 21, 2025. The County's total contract amount for the project is $1,549,631.76.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to execute the contract with Rotschy, Inc. for the County's portion of the Tower Rd Water Main & Juanita Way Booster Pump Station project, in the bid amount of $1,549,631.76, including acceptance of the Bond in Lieu of Retainage from The Cincinnati Insurance Company.

ACCEPTANCE OF BOND IN LIEU OF RETAINAGE: Approved:_____________________ BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ____________________________ Richard R. Dahl, Chairman ____________________________ Steve Rader, Commissioner ____________________________ Steven L. Ferrell, Commissioner Attest:______________________ Clerk of the Board

Fiscal Impact Expenditure Required $: 1,549,631.

Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Water Sewer

Source of Funds - What Dept ? : Water Sewer Grant Y-N: Attachments Contract Bond In Lieu of Retainage Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Lynn Ruffe

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 01:08 PM 02/12/2025 12:48 PM Started On: 02/11/2025 11:00 AM

Cowlitz County Department of Public Works CONTRACT DOCUMENTS FOR TOWER ROAD WATER MAIN AND JUANITA WAY BOOSTER PUMP STATION PROJECT Cowlitz County Project No. 2951 December 2024

COWLITZ COUNTY Department of Public Works 1600-13th Avenue South Kelso, WA 98626 Phone (360) 577-3030

BOARD OF COUNTY COMMISSIONERS ARNE MORTENSEN District No. 1 DENNIS P. WEBER District No. 2 RICHARD R. DAHL District No. 3

Contract

ADDENDUM NO.1 To the Plans and Specifications for the Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951 For the Department of Public Works, Cowlitz County, Washington Bid Opening Date: January 8, 2025 at 1:30 p.m. (unchanged) THIS ADDENDUM IS HEREBY MADE A PART OF THE CONTRACT DOCUMENTS TO THE SAME EXTENT AS THOUGH IT WAS ORIGINALLY INCLUDED THEREIN. SPECIFICATIONS BIDDER’S CHECKLIST Replace Bidder’s Checklist page 3 with the attached BIDDER’S CHECKLIST PAGE 3.

PLANS Sheet M02 (17 of 23) One of the 3HP pumps has been downsized to accommodate community demands. The proposed booster system pump station now has (1) 3-HP pump (33SV) and (1) 1-HP pump (10SV).

Sheet E03 (20 of 23) Replace Sheet E03 with the attached Sheet E03. The mission control electrical panel location is moved from the interior of the pumphouse structure to the exterior electrical pedestal.

Sheet E04 (21 of 23) Replace Sheet E04 with the attached Sheet E04. The mission control electrical panel location is moved from the interior of the pumphouse structure to the exterior electrical pedestal.

Sheet E05 (22 of 23) Replace Sheet E05 with the attached Sheet E05. The mission control electrical panel location is moved from the interior of the pumphouse structure to the exterior electrical pedestal.

Addendum No. 1 - Tower Road Water Main and Juanita Way Booster Pump Station - Project No. 2951

1

Apprentice Utilization Plan

To be submitted no later than thirty (30) days following Execution Contract Title

Contract Number

Prime Contractor

Today’s Date

Apprentice Utilization Requirement

*Include all labor hours for all trades (including apprentice hours), including those performed by Subcontractors. Use additional sheets if needed.

Estimated Start Date (mm/dd/yy)

Comments (Other)

Contractor or Subcontractor

Trade/Craft

**Project Percent is the apprentice hours (right column) divided by the total labor hours (left column)

Trade/Craft Other Description

Subtotal This Page

Apprentice (Hours)

0

0

0 0.0%

0

Additional Sheet(s) Total Grand Total **Project Percent

Completed By

Email

Title

Phone

DOT Form 424-004 Revised 03/2020

Total Labor* (Hours)

ELECTRICAL NOTES

1

1. CONTRACTOR SHALL PROVIDE ALL TRENCHING, BACKFILL, AND RESTORATION TO THE UTILITY DISTRIBUTION POLE. CONTRACTOR SHALL INSTALL CONDUIT AND CAP AT BASE OF UTILITY DISTRIBUTION POLE. COWLITZ PUD TO INSTALL CONDUCTORS AND MAKE FINAL CONNECTIONS. REFER TO SPECIFICATIONS AND COWLITZ PUD SERVICE REQUIREMENTS FOR MORE DETAILS.

EXISTING METER POLE XX

2. SEE DWG NO. E06 FOR CONDUIT AND CONDUCTOR SCHEDULES.

S SILVER LAKE ROAD

EXISTING UTILITY DISTRIBUTION POLE

MOBILE HOME

1

1

P1

PREPACKAGED BOOSTER PUMP STATION

ELECTRICAL SITE PLAN

UTILITY METER

TOWER ROAD WATER MAIN AND JUANITA BOOSTER PUMP STATION

COWLITZ COUNTY

EXISING SHOP

VAULT

BY

CLC

DESCRIPTION DATE NO.

REVISIONS

REVISED PER ADDENDUM NO. 1 12/16/2024 1

PLOT DATE: REVIEWED: KMS

Dec 16, 2024

FILENAME: JWBP-P-E03.DWG

JOB NO.: SAVE DATE:

ELECTRICAL SITE PLAN

ENGINEER: CLC

Dec 16, 2024

CLIENT: CC

S SILVER LAKE ROAD

PROPOSED UTILITY POLE BY UTILITY

EXISTING UTILITY DISTRIBUTION POLE

22-0177

KMS

REVIEW

JUANITA WAY

SCALE: SHOWN 0"

1" DRAWING IS FULL SCALE WHEN BAR MEASURES 2" DWG NO.: SHEET NO.:

E03

20

2"

23

ELECTRICAL NOTES

ELECTRICAL 1001 PEDESTAL

CONNECTION TO UNISTRUT PEDESTAL

2

1

1. CONNECTION TO REINFORCEMENT GRID (TYPICAL OF 2 LOCATIONS). SEE DWG NO. E05 FOR ADDITIONAL DETAIL.

2

2. GROUND ROD PER N.E.C. (TYPICAL). USE EXOTHERMIC WELD CONNECTION AT THE GROUND ROD. SEE DWG NO. E05 FOR ADDITIONAL DETAIL. LOCATE GROUND RODS 2' MINIMUM FROM BUILDING FOUNDATION.

3

3. TERMINATE POWER CONDUCTORS AT 15 AMP CIRCUIT BREAKER INSIDE "PCP" AS PROVIDED BY MANUFACTURER.

4

4. CONTRACTOR TO INSTALL P7 , C1 , AND J1 BETWEEN "PCP" AND "MCP".

TERMINATE POWER CONDUCTORS AT 15 AMP CIRCUIT BREAKER INSIDE "PCP" AS PROVIDED BY MANUFACTURER.

5

5. TERMINATE POWER CONDUCTORS AT 20 AMP CIRCUIT BREAKER INSIDE "PCP" AS PROVIDED BY MANUFACTURER.

GUARD RAIL. SEE CIVIL DRAWINGS FOR DETAILS.

GENERATOR RECEPTACLE C UTILITY METER P5

CONDUIT CONTINUES TO UTILITY DISTRIBUTION POLE. SEE DWG NO. E03 FOR CONTINUATION. BOLLARD (TYP. OF 10). SEE DWG NO. D03 FOR DETAILS.

P1

A MAIN SERVICE DISCONNECT

GENERATOR RECEPTACLE DISCONNECT SWITCH D P2 P4

MANUAL TRANSFER SWITCH, "MTS" B

X

7. SEE DWG NO. E06 FOR ELECTRICAL EQUIPMENT AND INSTRUMENTATION SCHEDULE.

P3

1

1

4' MIN.

SEE CONTINUATION OF PLAN LEFT

"MCP"

"MTS" C2

P8

5

PREPACKAGED BOOSTER PUMP STATION P6

1

VAULT SUMP PUMP J1 C1 P7

3

WP GFI

E

POWER DISTRIBUTION AND SIGNAL PLAN

4

TOWER ROAD WATER MAIN AND JUANITA BOOSTER PUMP STATION

2

MISSION CONTROL PANEL, "MCP"

6. SEE DWG NO. E06 FOR CONDUIT AND CONDUCTOR SCHEDULES.

COWLITZ COUNTY

1

XX

KMS

REVIEW

LADDER PREPACKAGED BOOSTER PUMP STATION PUMP CONTROL PANEL, "PCP"

POWER DISTRIBUTION AND SIGNAL PLAN

VAULT ELECTRICAL PLAN

DESCRIPTION DATE NO.

REVISIONS

FILENAME: JWBP-P-E04.DWG

Dec 16, 2024

REVISED PER ADDENDUM NO. 1 12/16/2024 1

SEE CONTINUATION OF PLAN RIGHT

PLOT DATE:

5

REVIEWED: KMS

P8

SAVE DATE:

C2

Dec 16, 2024

"MCP"

ENGINEER: CLC

1

CLIENT: CC

JOB NO.:

BY

CLC

22-0177

ACCESS HATCH OUTLINE

SCALE: SHOWN 0"

1" DRAWING IS FULL SCALE WHEN BAR MEASURES 2" DWG NO.: SHEET NO.:

E04

21

2"

23

ELECTRICAL NOTES

WIDTH TO FIT ALL EQUIPMENT 1-5/8" GALV STEEL UNISTRUT. ATTACH UNISTRUT AS NECESSARY TO SUPPORT ELECTRICAL PANELS. SECURE ELECTRICAL PANELS TO UNISTRUT.

UTILITY METER

1. SEE DWG NO. E06 FOR CONDUIT AND CONDUCTOR SCHEDULES.

X

2. SEE DWG NO. E06 FOR ELECTRICAL EQUIPMENT AND INSTRUMENTATION SCHEDULE.

MISSION CONTROL 1 PANEL, "MCP"

MAIN SERVICE A DISCONNECT

P4

XX

P2 GENERATOR RECEPTACLE D DISCONNECT SWITCH

MANUAL B TRANSFER SWITCH, "MTS'

3" STD GALV STEEL POST WITH CAP, TYP. P5 6' - 0"

CONDUIT TEE CONDUIT DRAIN

#4 HOOPS @ 12" O.C.

CONDUIT SEAL/DRAIN INSTALLATION

1' - 0" P6 (4) #4 VERT, EQUALLY SPACED

TO PUMP CONTROL PANEL. SEE DWG NO. E04 FOR CONTINUATION.

MINIMUM DEPTH BELOW BOTTOM OF DEEPEST CONDUIT INSTALLED IN TRENCH

3"

ELECTRICAL CONDUIT NUMBER AND SIZE VARY AS PER SITE PLAN. MAINTAIN 12" SPACING BETWEEN TELEMETRY CONDUITS AND OTHER CONDUITS.

KMS

CADWELD CABLE TO GROUND ROD CONNECTION.

5/8" X 8' COPPER GROUND ROD.

TYPICAL ELECTRICAL TRENCH DETAIL

COPPER CONDUCTOR (TYPICAL)

BY DESCRIPTION

COPPER CONDUCTOR

DATE

3"

SAND BEDDING MATERIAL PER WSDOT SPECIFICATION 9-03.13

NO.

3"

CADWELD TYPE GR

CADWELD TYPE XA. CADWELD CABLE TO CABLE CROSS CONNECTION.

FILENAME: JWBP-P-E05.DWG

Dec 16, 2024

6"

GROUND REBAR DETAIL

PLOT DATE:

COVER OVER HIGHEST CONDUIT IN TRENCH

9"

GROUND TEE DETAIL

REVIEWED: KMS

8-0"

FINISH SURFACE PER PLAN

CLIENT: CC

5/8"X8' LONG COPPER GROUND ROD

RED ELECTRICAL WARNING TAPE CENTERED OVER EACH CONDUIT IN TRENCH (TYP)

36" MIN-48" MAX FOR PRIMARY SERVICE CONDUITS

NATIVE MATERIAL COMPACTED TO 95% PER ASTM D1557 OR AS REQUIRED PER PLAN

24" MIN (<600V)

PROPOSED GROUND ROD BOX WITH COVER. SEE SPECIFICATIONS.

REBAR

JOB NO.:

COPPER CONDUCTOR

COPPER CONDUCTOR

CLC

CADWELD TYPE RR. CADWELD END CABLE TO UPPER REBAR CONNECTION.

22-0177

CADWELD TYPE TA. CADWELD CABLE TO CABLE TEE CONNECTION. GRADE

REVIEW

ELECTRICAL PEDESTAL BACK ELEVATION

Dec 16, 2024

1001

ELECTRICAL PEDESTAL FRONT ELEVATION

SAVE DATE:

1001

TO UTILITY DISTRIBUTION POLE. SEE DWG NO. E03 FOR CONTINUATION.

REVISED PER ADDENDUM NO. 1

1' - 0"

ENGINEER: CLC

2" CLR, TYP. ALL AROUND.

P1

12/16/2024

2' - 6"

CONDUIT OR CABLE

ELECTRICAL DETAILS

1'-0" DIA. BURIED CONCRETE PEDESTAL, TYP.

COWLITZ COUNTY

CONTINUATION TO INSTRUMENT OR PANEL

1

2"

6" CRUSHED SURFACING BASE COURSE, COMPACT TO FIRM AND UNYIELDING CONDITION, TYP.

REVISIONS

FINISHED GRADE

TOWER ROAD WATER MAIN AND JUANITA BOOSTER PUMP STATION

CONDUIT BODY (OR BOX) SEAL TO PREVENT WATER ENTRANCE INTO RACEWAY SYSTEM WITHIN AREA BELOW FINISHED GRADE.

GENERATOR C RECEPTACLE

SCALE: SHOWN

GROUND ROD DETAIL

NOTE: BURY DEPTH OF CONDUIT AND HORIZONTAL SPACING SHALL BE CONFIRMED WITH SERVING UTILITY BEFORE CONSTRUCTION.

GROUND TEE DETAIL

GROUND CROSS DETAIL

0"

1" DRAWING IS FULL SCALE WHEN BAR MEASURES 2" DWG NO.: SHEET NO.:

E05

22

2"

23

Cowlitz County Tower Road Water Main and Juanita Way Booster Pump Station Project Pre-Bid Walkthrough Sign-In Sheet Name

Company

Phone

Email

Shantel Petterati

AET

(360) 636-2544

Shantelp@aet-pneco.com

Andrew Halme

Halme Excavating, Inc

(360) 607-5893

o ice@halmepnw.com

Autin Stewart

Sarkinen Electrical

(360) 355-6721

Barry@Sarkinenelectrical.com

Louden Wardius

KKLH Contractors

(360) 904-8184

KSWardius@aol.com

Rob Richardson

Dewitt Const.

Inc.

(360) 600-3446

rrichardson@dewillconst.com

Name

Company

Phone

Email

Benny Ross

Nutter Corp

(360) 880-2746

Bennyr@Nuttercorp.com

Mark Massie

KR Homes

(360) 702-8454

Mark@KRHomes.org

Cael Sarkinen

Midway

(360) 353-8957

Bids@MidwayUndergroundLLC.com

Stewart Snider

JW Kelly

(360) 218-8786

SSnider@JHKelly.com

Ali A.

GWE

(360) 888-5805

Estimating.gwe@yahoo.com

Karsten Rotschy

Rotschy Inc

(360) 607-9993

Estimator@rotschyinc.com

Tyson Sarkinen

Tapani Inc

(360) 852-0700

Tysons@Tapani.com

Dave Bobbett

Whitney

(360) 558-0784

Chris Andrews

Cowlitz County

(360) 577-3030

Kellen Miller

RH2 Engineering

(360) 561-3225

KMiller@rh2.com

Jack Orr

RH2 Engineering

(425) 998-3971

JOrr@rh2.com

Dbobbett@weci.com Andrewsc@cowlitz.wa.gov

Cowlitz County Department of Public Works CONTRACT DOCUMENTS FOR TOWER ROAD WATER MAIN AND JUANITA WAY BOOSTER PUMP STATION PROJECT Cowlitz County Project No. 2951 December 2024

Signed: 12/3/2024

Signed 12/3/2024

Responsible for all portions of the Contract Documents

COWLITZ COUNTY Department of Public Works 1600-13th Avenue South Kelso, Washington 98626 Phone (360) 577-3030

Contract

Approved by:

_________________________________ Susan Eugenis, P.E. Date County Engineer

TABLE OF CONTENTS TOWER ROAD WATER MAIN AND JUANITA WAY BOOSTER PUMP STATION PROJECT CALL FOR BIDS.................................................................................................................... Page 1 BIDDER’S CHECKLIST .......................................................................................................... Page 3 BID PROPOSAL ................................................................................................................... Page 5 INSTRUCTIONS TO BIDDERS........................................................................................... Page 5 PROPOSAL ...................................................................................................................... Page 7 NON-COLLUSION DECLARATION ....................................................................................... Page 10 PROPOSAL FOR INCORPORATING RECYCLED MATERIALS ............................................... Page 11 LOCAL AGENCY CERTIFICATION FOR FEDERAL-AID PROJECTS ......................................... Page 12 SUBCONTRACTOR LIST ...................................................................................................... Page 13 BID DEPOSIT FORM............................................................................................................ Page 14 E-VERIFY DECLARATION .................................................................................................... Page 15 COMPLIANCE WITH WAGE PAYMENT LAWS DECLARATION ........................................... Page 16 AGREEMENT....................................................................................................................... Page 17 PERFORMANCE BOND ....................................................................................................... Page 21 SPECIAL PROVISIONS ......................................................................................................... Page 22 DIVISION 1 – GENERAL REQUIREMENTS ...................................................................... Page 23 BID ITEMS ...................................................................................................................... Page 63 BID ITEM 1: MISCELLANEOUS CONSTRUCTION .................................................... Page 63 BID ITEM 2: CONTRACTOR SURVEYING ................................................................ Page 63 BID ITEM 3: LICENSED SURVEYING ....................................................................... Page 63 BID ITEM 4: RECORD DRAWINGS .......................................................................... Page 63 BID ITEM 5: MOBILIZATION .................................................................................. Page 63 BID ITEM 6: PROJECT TEMPORARY TRAFFIC CONTROL ........................................ Page 63 BID ITEM 7: CLEARING AND GRUBBING................................................................ Page 64 BID ITEM 8: REMOVAL OF STRUCTURES AND OBSTRUCTIONS ............................ Page 64 BID ITEM 9: CRUSHED SURFACING BASE COURSE ................................................ Page 65 BID ITEM 10: CRUSHED SURFACING TOP COURSE ................................................. Page 65 BID ITEM 11: HMA CLASS 3/8 INCH PG 58H-22 ...................................................... Page 66 BID ITEM 12: DUCTILE IRON PIPE FOR WATER MAIN 8 IN DIAM............................ Page 91 BID ITEM 13: CONNECTION TO EXISTING MAIN ..................................................... Page 91 BID ITEM 14: ABANDONMENT OF TERMINATED WATER FACILITIES ..................... Page 92 BID ITEM 15: TRENCH EXCAVATION SAFETY SYSTEM ............................................. Page 92 BID ITEM 16: GATE VALVE 8 INCH DIAM ................................................................ Page 92 BID ITEM 17: AIR RELEASE / AIR VACUUM VALVE ASSEMBLY ............................... Page 92 BID ITEM 18: HYDRANT ASSEMBLY ......................................................................... Page 92 BID ITEM 19: SERVICE CONNECTION ...................................................................... Page 92 BID ITEM 20: EROSION / WATER POLLUTION PREVENTION ................................... Page 92 BID ITEM 21: SEEDING, FERTILIZING AND MULCHING ........................................... Page 92 BID ITEM 22: BEAM GUARDRAIL TYPE 1 ................................................................. Page 94 BID ITEM 23: PRESSURE REDUCING VALVE STATION ............................................. Page 95 BID ITEM 24: PUMP STATION SITE WORK .............................................................. Page 95 BID ITEM 25: PUMP STATION MECHANICAL........................................................... Page 95 BID ITEM 26: PUMP STATION ELECTRICAL.............................................................. Page 96 Contract

TABLE OF CONTENTS - CONTINUED BID ITEM 27: PUMP STATION AUTOMATIC CONTROL............................................ Page 96 BID ITEM 28: PUMP STATION TESTING, STARTUP AND TRAINING ......................... Page 96 BID ITEM 29: WATER LINE SPECIAL CONSTRUCTION STA 11+75 TO STA 16+25 .... Page 96 BID ITEM 30: WATER LINE CONSTRUCTION STA 16+68 TO 18+18 ......................... Page 96 BID ITEM 31: UTILITY CONFLICT RELOCATION ........................................................ Page 97 PREVAILING MINIMUM HOURLY WAGE RATES*** ..................................................... Page 98 APPENDICES .................................................................................................................. Page 99 Appendix A – Technical Specifications*** ................................................................ Page 100 Appendix B – Construction Plans*** ........................................................................ Page 101 Appendix C – WSDOT Permit Application*** ........................................................... Page 102 Appendix D – Boundary and Topographic Surveys*** ............................................. Page 103 CALL BEFORE YOU DIG .................................................................................................. Page 104 ***Included as indicated but numbered independently.

Contract

CALL FOR BIDS The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until January 8, 2025, prior to 1:30 p.m., for the following work: TOWER ROAD WATER MAIN AND JUANITA WAY BOOSTER PUMP STATION PROJECT. At that time all bids will be publicly opened and read in the Board's hearing room. Bids must be addressed to: Board of County Commissioners Attn: Clerk of the Board 207 Fourth Avenue North Kelso, WA 98626 Work performed under this contract consists of the following: Installation of approximately 2,400 lineal feet of eight-inch ductile iron water main, traffic control, clearing and grubbing, roadway surveying, service connections, pressure reducing station, booster pump station, electrical upgrades and site and asphalt restoration.

It is highly recommended that all interested bidders attend the on-site pre-bid meeting and walk-through of the project on Wednesday, December 11, 2024, commencing promptly at 10:00 a.m., to inspect the existing site and discuss the construction and bidding process. This meeting will begin at 1204 Spirit Lake Hwy. (Shell Gas Station).

Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.

Call for Bids Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 1

BIDDER’S CHECKLIST (Informational only – not required to be submitted with the BID) TOWER ROAD WATER MAIN AND JUANITA WAY BOOSTER PUMP STATION PROJECT Name of Project ITEMS TO BE INCLUDED WITH BID The following checked items are required to be completed and submitted with the BID, except as noted otherwise: Required if Checked: ☒

1.

PROPOSAL FORM – To be completed and signed by bidder. Provide all information pertaining to BIDDER’S organization on the first page. Fill in all unit prices and amounts for each bid item. Fill in all subtotals, sales tax and the total bid amount in the spaces provided.

List the addenda in the spaces provided to indicate acknowledgement. Sign, date, and provide requested information in the spaces provided on the last page.

☒ 2.

CERTIFICATION OF APPRENTICESHIP – In the spaces provided on the PROPOSAL FORM, provide information on the BIDDER’S Apprenticeship Programs.

☒

3.

NON-COLLUSION DECLARATION – required on all projects.

☒

4.

PROPOSAL FOR INCORPORATING RECYCLED MATERIALS INTO THE PROJECT – required on all road construction projects.

☐

5.

CERTIFICATION FOR FEDERAL AID CONTRACTS – required on FHWA-funded projects.

☐

6.

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION CERTIFICATION – required on FHWAfunded projects with a goal of greater than 0%.

☐ 7.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) WRITTEN CONFIRMATION DOCUMENT – required on FHWA-funded projects with a goal of greater than 0%. This form is required to be submitted within 48 hours after the time for delivery of the bid proposal.

☐ 8.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) BID ITEM BREAKDOWN – required on FHWA-funded projects with a goal of greater than 0%. This form is required to be submitted within 48 hours after the time for delivery of the bid proposal.

☐ 9.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) TRUCKING CREDIT FORM – required on FHWA-funded projects with a goal of greater than 0%. This form is required to be submitted within 48 hours after the time for delivery of the bid proposal.

☒ 10. LOCAL AGENCY SUBCONTRACTOR LISTS – To be filled in and signed by BIDDER. Bidders Checklist Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 3

☐

11. CONTRACTOR’S PROJECT INFORMATION STANDARD QUESTIONNAIRE - The BIDDER shall complete this form.

☒

12. BID DEPOSIT FORM - This form is to be executed by the BIDDER and the Surety Company unless bid is accompanied by cash, cashier’s check, or a certified check. The amount of the deposit or bid bond shall be not less than 5% of the total amount of the bid and may be shown in dollars or on a percentage basis. Bid Bond forms other than the enclosed form may be accepted providing it has been approved by the OWNER prior to bid submittal.

☒

13. E-VERIFY DECLARATION – The BIDDER shall complete and sign this form.

☒

14. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES – The BIDDER shall complete and sign this form. This form is required to be submitted within 24 hours after the time for delivery of the bid proposal.

Bidders Checklist Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 4

Cowlitz County's intended purposes. If the Engineer determines that the work or any portion thereof fails to conform to the foregoing warranty, the Engineer shall give the Contractor written notice thereof and the Contractor shall then take corrective action as directed by the Engineer. The purpose of the corrective action will be to remedy all nonconforming work and any damage caused by the nonconforming work. The Contractor shall begin the repair or replacement within 10 days after receiving the notice, and shall complete the work within such reasonable time as determined by the Engineer. If the Contractor fails to carry out the corrective action as required by this section, Cowlitz County may perform the corrective action with its own resources or by contract, and the Contractor shall pay all the costs thereof. (b) If other provisions of the contract documents contain different performance requirements, the more stringent requirements shall apply. (c) No inspection, acceptance, use, or occupancy of the work, or payment for the work, shall relieve the Contractor from its responsibilities. (d) The Contractor warrants good title to all materials, supplies, and equipment incorporated into the work.

7. Uniformity of Equipment and Materials. Like items of equipment and materials to be incorporated into the work shall be products of one manufacturer.

8. Substitution of "Equal" Products. Unless otherwise provided, any reference in the contract documents to any product by a brand name, model, or catalog number shall be understood as establishing a standard of quality, and products equal in quality may be substituted if approved in advance by the Engineer. If the Contractor wishes to propose a substitution, it shall submit a written proposal in a form approved by the County, warranting and guaranteeing the substitute product will be, including but not limited to, at least equal to or better than the specified product in terms of quality, function, performance, compatibility and reliability, to the Engineer, whose decision shall be final. The proposal shall identify the proposed substitute product, and the Contractor shall upon request and at its expense furnish the Engineer with such detailed specifications, test results, and other data as are helpful to the Engineer. The Engineer will not consider any proposed substitution if there is inadequate time available to fully evaluate the proposal. If the Engineer approves a substitution proposed by the Contractor, it is understood that such approval is in reliance upon the Contractor’s written warranty and guarantee the substitute product to be, including but not limited to, at least equal to or better than the specified product in terms of quality, function, performance, compatibility and reliability. There will be no additional compensation or extensions to the time for completion. If the installation, application or performance of the substitute product is not equal to the specified product, the Engineer may direct the Contractor to remove the substitute product and replace it with the specified product, and to remedy any damage and delay caused by the use of the substitute product, all at the Contractor's expense. The County has a right to a deductive Change Order if the substituted product proves less costly than the contractually required product.

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9. Utilities. The Contractor shall comply with the provisions of RCW 19.122, Standard Specification 1-07.17, and this paragraph. The telephone number of the Cowlitz County Utilities Coordinating Council is (800) 424-5555. The Special Provisions and/or contract plans identify all underground facilities known by Cowlitz County to be located within the area of excavation required as part of the work. Locations and dimensions shown in the Special Provisions or on the plans are in accordance with available information without uncovering, measuring, or other verification. If a utility is known or suspected of having underground facilities within the area of the excavation, and that utility is not a subscriber to the Cowlitz County Utilities Coordinating Council, the Contractor shall give individual notice to that utility.

10. Prevailing Wages and E-Verify. The Contractor shall pay all fees required by the Department of Labor and Industries in connection with the administration of the prevailing wage requirements. No increase in prevailing wage rates or fringe benefits shall be grounds for any additional compensation to the Contractor.

Cowlitz County requires that all businesses which contract with the County for contracts awarded by formal competitive procedures be enrolled in the Federal E-Verify Program. The requirement extends to every subcontractor meeting the same criteria. The Prime Contractor must provide certification of enrollment with bid submittal. The Prime Contractor is responsible for verification of every applicable subcontractor. Cowlitz County reserves the right to require a copy of a Memorandum of Understanding between the Prime or any Subcontractor and Department of Homeland Security upon request at any time during the project verifying the contractor’s enrollment. Failure to provide this document could result in suspension of the project.

A copy of Resolution No. 11-118 is available at the Offices of the Board of County Commissioners.

Federal E-Verify Program is a web-based application that can be accessed at www.dhs.gov/everify.

11. Air Pollution Regulations. The Southwest Washington Air Pollution Control Authority has adopted regulations to control the emission of contaminants into the air by sources within the Authority's jurisdiction, which includes Cowlitz County. The Contractor shall comply with all regulations and orders of such Authority.

12. Shoring. If in the performance of this contract, the Contractor or any subcontractor excavates any trench to a depth in excess of four feet, the Contractor shall provide adequate safety systems for the trench excavation that comply with the requirements of the Washington Industrial Safety and Health Act, RCW 39.04.180, and with all regulations thereunder. The costs associated with such trench safety systems are set forth as a separate bid item on each bidder's proposal. The costs of such trench safety systems shall not be considered as incidental to any other contract item, and any attempt to include the trench safety systems as an incidental cost is prohibited.

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SPECIAL PROVISIONS INTRODUCTION TO THE SPECIAL PROVISIONS

(January 4, 2024 APWA GSP, Option A) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work.

These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply.

The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source.

For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) Project specific special provisions are labeled without a date as such: (*****) Also incorporated into the Contract Documents by reference are: •

Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any

•

Standard Plans for Road, Bridge and Municipal Construction, WSDOT Manual M21-01, current edition

Contractor shall obtain copies of these publications, at Contractor’s own expense.

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- DIVISION 1 GENERAL REQUIREMENTS

DESCRIPTION OF WORK (March 13, 1995) This contract provides for the *** Installation of approximately 2,400 lineal feet of eight-inch ductile iron water main, traffic control, clearing and grubbing, roadway surveying, service connections, pressure reducing station, booster pump station, electrical upgrades and site and asphalt restoration*** and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. (******) Appendices. The following appendices are hereby provided for the Contractor’s information: Appendix A – Technical Specifications Appendix B - Construction Plans Appendix C – WSDOT Permit Application Appendix D – Boundary and Topographic Surveys 1-01.3 Definitions (January 19, 2022 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids.

Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work.

Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract.

Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins.

Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract.

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Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date.

Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date.

Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete.

Supplement this Section with the following: All references in the Standard Specifications or WSDOT General Special Provisions, to the terms “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”.

All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise.

All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”.

All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted.

Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid.

Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work.

Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5.

Contract Bond The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond.

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Contract Documents See definition for “Contract”.

Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed.

Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal.

Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins.

Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic.

1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1-02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project.

1-02.2 Plans and Specifications (June 27, 2011 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work.

After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor

No. of Sets

Basis of Distribution

Reduced plans (11" x 17")

2

Furnished automatically upon award.

Contract Provisions

2

Furnished automatically upon award.

Large plans (e.g., 22" x 34")

2

Furnished only upon request.

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Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor’s own expense.

1-02.5 Proposal Forms (July 31, 2017 APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, and signature; the bidder’s UDBE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor’s Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form.

The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified.

1-02.6 Preparation of Proposal (January 4, 2024 APWA GSP 1-02.6, Option B) Supplement the second paragraph with the following: 4.

If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated.

5.

Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid.

Delete the last two paragraphs, and replace them with the following: The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms.

The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner.

A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign).

A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any DBE requirements are to be satisfied Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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through such an agreement.

A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any DBE requirements are to be satisfied through such an agreement.

Add the following new section: 1-02.6(1) Recycled Materials Proposal (January 4, 2016 APWA GSP) The Bidder shall submit with the Bid, its proposal for incorporating recycled materials into the project, using the form provided in the Contract Provisions.

1-02.10 Withdrawing, Revising, or Supplementing Proposal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals.

If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn.

Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. (*******) 1-02.12 Public Opening of Proposal Section 1-02.12 is supplemented with the following: Date Of Opening Bids Sealed bids are to be received at the following location prior to the time specified in the CALL FOR BIDS:

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Board of County Commissioners Attn: Clerk of the Board County Administration Building 207 Fourth Avenue North, 3rd Floor Kelso WA 98626 1-02.13 Irregular Proposals (January 4, 2024 APWA GSP) Delete this section and replace it with the following: 1. A Proposal will be considered irregular and will be rejected if: a.

The Bidder is not prequalified when so required; b. The Bidder adds provisions reserving the right to reject or accept the Award, or enter into the Contract; c.

A price per unit cannot be determined from the Bid Proposal; d. The Proposal form is not properly executed; e. The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271-015), if applicable, as required in Section 1-02.6; f.

The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6; g.

The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; h. The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11; i.

The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; j.

The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation.

2. A Proposal may be considered irregular and may be rejected if: a.

The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; c.

The authorized Proposal Form furnished by the Contracting Agency is not used or is altered; d. The completed Proposal form contains unauthorized additions, deletions, alternate Bids, or conditions; e.

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f. g.

A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or If Proposal form entries are not made in ink.

1-02.14 Disqualification of Bidders (May 17, 2018 APWA GSP, Option A) Delete this section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended.

The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves the right to request documentation as needed from the Bidder and third parties concerning the Bidder’s compliance with the mandatory bidder responsibility criteria.

If the Contracting Agency determines the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency’s determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination.

1-02.15 Pre-Award Information (December 30, 2022 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located.

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7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder.

1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (December 30, 2022 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond.

1-03.1(1) Identical Bid Totals (December 30, 2022 APWA GSP) Revise this section to read: After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be the Bidder with an equal lowest bid, that proposed to use the highest percentage of recycled materials in the Project, per the form submitted with the Bid Proposal. If those percentages are also exactly equal, then the tie-breaker will be determined by drawing as follows: Two or more slips of paper will be marked as follows: one marked “Winner” and the other(s) marked “unsuccessful”. The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked “Winner” will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly equal to the lowest responsive Bid, and with a proposed recycled materials percentage that is exactly equal to the highest proposed recycled materials amount, are eligible to draw.

1-03.3 Execution of Contract (January 4, 2024 APWA GSP Option B) Revise this section to read: Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to the Contracting Agency. The Bidder shall send the contact information, including the full name, email address, and phone number, Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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for the authorized signer and bonding agent to the Contracting Agency.

Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency.

Within 10 calendar days after the award date, the successful bidder shall return the signed Contracting Agency-prepared contract, an insurance certification as required by Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15.

Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency.

If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it.

1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency-furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or

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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. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president).

1-03.7 Judicial Review (December 30, 2022 APWA GSP) Revise this section to read: All decisions made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction.

1-04 SCOPE OF THE WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (December 30, 2022 APWA GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Contract Plans, 4. Special Provisions, 5. Technical Specifications, 6. Standard Specifications, 7. Contracting Agency’s Standard Plans or Details (if any), and 8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. (*******) Interpretation of Contract Documents. The Contractor shall provide any work or materials clearly Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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implied in the contract even if the contract documents do not mention it specifically. If the contract documents use words that are not defined therein but have a commonly accepted technical or trade meaning, the words shall be understood in accordance with that meaning.

1-04.4 Changes (January 19, 2022 APWA GSP) The first two sentences of the last paragraph of Section 1-04.4 are deleted.

1-05 CONTROL OF WORK 1-05.1 Authority of The Engineer Section 1-05.1 is supplemented with the following: (*******) Additional Directions from Engineer. If the Engineer determines that the provisions in the contract documents are not sufficiently clear to permit the Contractor to proceed with the work, the Engineer shall, either on his own or upon written request from the Contractor, furnish such additional written directions as he deems appropriate. When the Contractor makes such a request, it must do so in writing and must allow ample time to permit the Engineer to review the request and prepare any additional directions before the Contractor begins any work affected by the request. Any additional directions issued by the Engineer shall not be inconsistent with the contract documents and shall have the same force and effect as if contained in the contract documents.

1-05.3 Plans and Working Drawings Section 1-05.3 is supplemented with the following: Shop Drawings. The Contractor shall submit five copies of all shop drawings and samples to the Engineer for review and approval in accordance with the schedule of shop drawing submissions approved at the Pre-Construction Conference. Contractor shall check and verify all field measurements prior to submitting shop drawings to Engineer for review and approval, shop drawings shall have been checked by and stamped with the approval of the Contractor and identified as the Engineer may require.

The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, material or construction and like information to enable the Engineer to review the information as required.

At the time of each submission, the Contractor shall, in writing, call the Engineer’s attention to any deviations that the Shop Drawings or Samples may have from the requirements of the Contract Documents.

The Engineer will review and approve with reasonable promptness shop drawings and samples, but the Engineer’s review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contact Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make any corrections required by the Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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Engineer and shall return the required number of corrected copies of shop drawing and resubmit new samples for review and approval. The Contractor shall direct specific attention, in writing, to revisions other than the corrections called for by the Engineer on previous submittals. The Contractor’s stamp of approval on any shop drawings or samples shall constitute a representation to Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that the Contractor has reviewed or coordinated each shop drawing or sample with the requirements of the work and the Contract Documents.

Where a shop drawing or sample is required by the Specifications, no related work shall be commenced until the submittal has been reviewed and approved by the Engineer.

The Engineer’s review and approval of shop drawings or samples shall not relieve the Contractor from responsibility for any deviations from the Contract Documents unless the Contractor has, in writing, called the Engineer’s attention to such deviation at the time of submission and the Engineer has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by the Engineer relieve the Contractor from responsibility for errors or omissions in the shop drawings.

The following is a list of products and materials for which the Contractor shall submit shop drawings or samples. The list may not be inclusive and is subject to revision by the Engineer and Owner.

1. Booster Pump Station 2. Pressure Reducing Valve Station 1-05.4 Conformity With and Deviations from Plans and Stakes Supplement this section with the following: Roadway and Utility Surveys (January 13, 2021) Contractor Surveying – Roadway/Utilities The Contracting Agency has provided primary survey control in the Plans.

The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, slope stakes, and grades necessary for the construction of the water line, services, booster pump station, roadbed, drainage, surfacing, paving, channelization and pavement marking, illumination and signals, guardrails and barriers, and signing. Except for the survey control data to be furnished by the Contracting Agency, calculations, surveying, and measuring required for setting and maintaining the necessary lines and grades shall be the Contractor's responsibility.

The Contractor shall inform the Engineer when monuments are discovered that were not identified in the Plans and construction activity may disturb or damage the monuments. All monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length of the project or be replaced at the Contractors expense.

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Detailed survey records shall be maintained, including a description of the work performed on each shift, the methods utilized, and the control points used. The record shall be adequate to allow the survey to be reproduced. A copy of each day's record shall be provided to the Engineer within three working days after the end of the shift.

The meaning of words and terms used in this provision shall be as listed in "Definitions of Surveying and Associated Terms" current edition, published by the American Congress on Surveying and Mapping and the American Society of Civil Engineers.

The survey work shall include but not be limited to the following: 1.

Verify the primary horizontal and vertical control furnished by the Contracting Agency, and expand into secondary control by adding stakes and hubs as well as additional survey control needed for the project. Provide descriptions of secondary control to the Contracting Agency.

The description shall include coordinates and elevations of all secondary control points.

2.

Establish, the centerlines of all alignments, by placing hubs, stakes, or marks on centerline or on offsets to centerline at all curve points (PCs, PTs, and PIs) and at points on the alignments spaced no further than 50 feet.

3.

Establish clearing limits, placing stakes at all angle points and at intermediate points not more than 50 feet apart. The clearing and grubbing limits shall be 5 feet beyond the toe of a fill and 10 feet beyond the top of a cut unless otherwise shown in the Plans.

4.

Establish grading limits, placing slope stakes at centerline increments not more than 50 feet apart. Establish offset reference to all slope stakes. If Global Positioning Satellite (GPS) Machine Controls are used to provide grade control, then slope stakes may be omitted at the discretion of the Contractor

5.

Establish the horizontal and vertical location of all drainage features, placing offset stakes to all drainage structures and to pipes at a horizontal interval not greater than 25 feet.

6.

Establish roadbed and surfacing elevations by placing stakes at the top of subgrade and at the top of each course of surfacing. Subgrade and surfacing stakes shall be set at horizontal intervals not greater than 50 feet in tangent sections, 25 feet in curve sections with a radius less than 300 feet, and at 10-foot intervals in intersection radii with a radius less than 10 feet.

Transversely, stakes shall be placed at all locations where the roadway slope changes and at additional points such that the transverse spacing of stakes is not more than 12 feet. If GPS Machine Controls are used to provide grade control, then roadbed and surfacing stakes may be omitted at the discretion of the Contractor.

7.

Establish intermediate elevation benchmarks as needed to check work throughout the project.

8.

Provide references for paving pins at 25-foot intervals or provide simultaneous surveying to establish location and elevation of paving pins as they are being placed.

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9.

For all other types of construction included in this provision, (including but not limited to channelization and pavement marking, illumination and signals, guardrails and barriers, and signing) provide staking and layout as necessary to adequately locate, construct, and check the specific construction activity.

10. Contractor shall determine if changes are needed to the profiles or roadway sections shown in the Contract Plans in order to achieve proper smoothness and drainage where matching into existing features, such as a smooth transition from new pavement to existing pavement. The Contractor shall submit these changes to the Engineer for review and approval 10 days prior to the beginning of work.

The Contractor shall provide the Contracting Agency copies of any calculations and staking data when requested by the Engineer.

The Contractor shall ensure a surveying accuracy within the following tolerances:

Slope stakes Subgrade grade stakes set 0.04 feet below grade

Water Line Alignment

Vertical 0.10 feet

Horizontal 0.10 feet

0.01 feet

0.5 feet (parallel to alignment) 0.1 feet (normal to alignment) 0.5 feet

The Contracting Agency may spot-check the Contractor's surveying. These spot-checks will not change the requirements for normal checking by the Contractor.

When staking alignment and stationing, the Contractor shall perform independent checks from different secondary control to ensure that the points staked are within the specified survey accuracy tolerances.

The Contractor shall calculate coordinates for the alignment. The Contracting Agency will verify these coordinates prior to issuing approval to the Contractor for commencing with the work. The Contracting Agency will require up to seven calendar days from the date the data is received.

Contract work to be performed using contractor-provided stakes shall not begin until the stakes are approved by the Contracting Agency. Such approval shall not relieve the Contractor of responsibility for the accuracy of the stakes.

Stakes shall be marked in accordance with Standard Plan A10.10. When stakes are needed that are not described in the Plans, then those stakes shall be marked, at no additional cost to the Contracting Agency as ordered by the Engineer.

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Payment Payment will be made for the following bid item when included in the proposal: "Contractor Surveying", lump sum.

The lump sum contract price for "Contractor Surveying" shall be full pay for all labor, equipment, materials, and supervision utilized to perform the Work specified, including any resurveying, checking, correction of errors, replacement of missing or damaged stakes, and coordination efforts.

(April 4, 2011) Licensed Surveyors The Contractor shall be responsible for reestablishing or locating legal survey markers such as GLO monuments or property corner monuments, conduct boundary surveys to determine Contracting Agency right-of-way locations, and obtain, review and analyze deeds and records as necessary to determine these boundaries. The Contracting Agency will provide “rights of entry” as needed by the Contractor to perform the work.

The Contractor shall brush out or clear and stake or mark the right-of-way lines as designated by the Engineer.

The Contractor shall inform the Engineer when monuments are discovered that were not identified in the Plans and construction activity may disturb or damage the monuments. All monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length of the project or be replaced at Contractors expense.

When required, the Contractor shall prepare and file a Record of Survey map in accordance with RCW 58.09 and provide a recorded copy to the Contracting Agency. The Contracting Agency will provide all existing base maps, existing horizontal and vertical control, and other material available with Washington State Plane Coordinate information to the Contractor. The Contracting Agency will also provide maps, plan sheets, and/or aerial photographs clearly identifying the limits of the areas to be surveyed. The Contractor shall establish Washington State Plane Coordinates on all points required in the Record of Survey and other points designated in the Contract documents.

Existing right of way documentation, existing base maps, existing horizontal and vertical control descriptions, maps, plan sheets, aerial photographs and all other available material may be viewed by prospective bidders at the office of the Project Engineer.

The Contractor shall perform all of the necessary calculations for the contracted survey work and shall provide copies of these calculations to the Contracting Agency. Electronic files of all survey data shall be provided and, in a format, acceptable to the Contracting Agency.

All survey work performed by the Contractor shall conform to all applicable sections of the Revised Code of Washington and the Washington Administrative Code.

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The Contractor shall provide all traffic control, signing, and temporary traffic control devices in order to provide a safe work zone.

Payment Payment will be made in accordance with Section 1-09.6 for the following bid item when included in the proposal: “Licensed Surveying”, Force Account.

For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for the item "Licensed Surveying" in the bid proposal ($7500) to become a part of the total bid by the Contractor.

1-05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary.

If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public.

Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized work.

No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency’s rights provided by this Section.

The rights exercised under the provisions of this section shall not diminish the Contracting Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the work as required.

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1-05.11 Final Inspection Delete this section and replace it with the following: 1-05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion.

The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally.

If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons, therefore.

Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work.

The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection.

1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected.

If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7.

The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer’s right hereunder.

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Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled.

1-05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore, when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing, they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer.

The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal.

Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the contract.

1-05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) Delete the sixth and seventh paragraphs of this section.

Add the following new section: 1-05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item.

1-05.18 Record Drawings This section is supplemented with the following: The Contractor is fully responsible for maintaining as-constructed records and measurements. Any Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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measurements taken by the Engineer or Contracting Agency are done for their own benefit and do not relieve the Contractor from this responsibility.

Show size, material, horizontal, and vertical locations of all existing utilities encountered during construction.

CAD files (AutoCAD .DWG or .DXF) will only qualify as record drawings if they include the full and complete record of changes, are scaled correctly, fully annotated, and can be overlaid directly on the original CAD files to create a legible record set. The Engineer will be the sole determiner if the CAD files meet these criteria.

Payment Payment will be made in accordance with Section 1-09.6 for the following bid item when included in the proposal: “Record Drawings”, Force Account.

For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for the item "Record Drawings" in the bid proposal ($5000) to become a part of the total bid by the Contractor.

1-06 CONTROL OF MATERIAL 1-06.6 Recycled Materials (January 4, 2016 APWA GSP) Delete this section, including its subsections, and replace it with the following: The Contractor shall make their best effort to utilize recycled materials in the construction of the project.

Approval of such material use shall be as detailed elsewhere in the Standard Specifications.

Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on-site material and aggregates from concrete returned to the supplier). The Contractor’s report shall be provided on DOT form 350-075 Recycled Materials Reporting.

1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws To Be Observed Section 1-07.1 is supplemented with the following: (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply.

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The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA).

The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor’s care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care.

The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures in, on, or near the project site.

1-07.2 State Sales Tax Delete this section, including its sub-sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability.

The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts.

In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception.

The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWAfunded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not.

Any amount so deducted will be paid into the proper State fund.

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1-07.2(1) State Sales Tax — Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work.

1-07.2(2) State Sales Tax — Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation.

For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception.

Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount.

1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244).

1-07.3(2) Merchantable Timber Requirements (April 7, 2008) Section 1-07.3(2) is supplemented with the following: This project contains merchantable timber.

Export Restrictions - DOT Form 410-100, Purchaser Certification for Export Restricted Timber, will be Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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included when the contract is sent to the Contractor for execution. The form shall be completed and signed by the Contractor. The Contractor shall send the original signed form and one copy of the signed form directly to the Washington State Department of Revenue at the address on the form. The Contractor shall send one signed copy along with the other documents required by Section 1-03.3 to the Contracting Agency with the executed contract.

State Tax Requirements - It shall be the Contractor's responsibility to pay to the State Department of Revenue all taxes on harvested timber.

1-07.6 Permits and Licenses Section 1-07.6 is supplemented with the following: (*******) The Contracting Agency has submitted/obtained the below-listed permit(s) for this project. A copy of the permit(s) is attached as an appendix for informational purposes. All contacts with the permitting agency concerning the below-listed permit(s) shall be through the Engineer. The Contractor shall obtain additional permits as necessary. All costs to obtain and comply with additional permits shall be included in the applicable bid items for the work involved. Copies of these permits are required to be onsite at all times. *** WSDOT *** 1-07.7 Load Limits Section 1-07.7 is supplemented with the following: (March 13, 1995) If the sources of materials provided by the Contractor necessitates hauling over roads other than State Highways, the Contractor shall, at the Contractor’s expense, make all arrangements for the use of the haul routes.

1-07.9(3) Apprentice Utilization Requirements Section 1-07.9(3) is supplemented with the following: Apprentice Utilization This Contract includes an Apprentice Utilization Requirement. No less than 15 percent of project Labor Hours shall be performed by Apprentices.

Definitions For the purposes of this specification the following definitions apply: 1.

Apprentice is a person enrolled in a State-approved Apprenticeship Training Program.

2.

Apprentice Utilization Requirement is the Apprentice labor hours expressed as a percentage of the project Labor Hours.

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3.

Good Faith Effort (GFE) is used if the Contractor doesn’t meet the Apprentice Utilization Requirement. It describes the Contractor’s efforts to meet the Apprentice Utilization Requirement including but not necessarily limited to the specific steps as described elsewhere in this specification.

4.

Labor Hours are the total hours performed by all workers receiving an hourly wage who are directly employed upon the project including hours performed by workers employed by the Contractor and all subcontractors. Labor Hours do not include hours performed by foremen, superintendents, owners, and workers who are not subject to prevailing wage requirements.

5.

State-approved Apprenticeship Training Program is an apprenticeship training program approved by the Washington State Apprenticeship Council.

Electronic Reporting The Contractor shall use the State L&I online Prevailing Wage Intent & Affidavit (PWIA) System to submit the “Apprentice Utilization Plan” and “Good Faith Effort” documentation. Reporting instructions are available in the application.

Apprentice Utilization Plan The Contractor shall submit an “Apprentice Utilization Plan” by filling out the Apprentice Utilization Plan Form (WSDOT Form 424-004) within 30 calendar days of execution, demonstrating how and when they intend to achieve the Apprentice Utilization Requirement. The Plan shall be in sufficient detail for the Engineer to track the Contractor’s progress in meeting the utilization requirements and be updated and resubmitted as the Work progresses or when ordered by the Engineer.

If the Contractor is unable to demonstrate ability to meet the Apprentice Utilization Requirement in their Apprentice Utilization Plan, they must submit GFE documentation to the State L&I online PWIA System for review and comment with their Apprentice Utilization Plan. The Contractor shall actively seek out opportunities to meet the Apprentice Utilization Requirement during the construction Work.

Contacts The Contractor may obtain information on State-approved Apprenticeship Training Programs by contacting the Department of Labor and Industries at: Specialty Compliance And Services Division, Apprenticeship Section, P.O. Box 44530, Olympia, WA 98504-4530 or by phone at (360) 902-5320.

Compliance In the event that the Contractor is unable to achieve the Apprentice Utilization Requirement, the Contractor shall submit to the State L&I online PWIA System GFE documentation for review and approval. The GFE documentation shall be submitted after Substantial Completion but no later than 30 days after Physical Completion. If GFE documentation was previously submitted as part of the Apprentice Utilization Plan, it shall be updated and resubmitted after Substantial Completion but no later than 30 days after Physical Completion.

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If the Contractor fails to submit GFE documentation or if the Engineer does not approve the GFE, the Contractor will be subject to disciplinary actions as allowed under WAC 468-16-180.

Good Faith Efforts The GFE shall describe in detail why the Contractor is not or was not able to attain the Apprentice Utilization Requirement. The GFE documentation shall address one or more of the following areas: 1.

Correspondence on solicitation of Apprentices from a State-approved Apprenticeship Training Program(s), and the response from the solicited State-Approved Apprenticeship Training Program(s) when there is a lack of availability of Apprentices.

2.

Provide documentation that shows Contract requirements for TERO, Special Training or Disadvantage Business Enterprise requirements affect the ability to obtain Apprentice Labor Hours on the Contract.

3.

Provide documentation demonstrating what efforts the Contractor has taken to require subcontractors to solicit and employ Apprentices. Documentation could be posters placed on site, emphasis in subcontracts about employing Apprentices, letters, memos or other correspondence from Contractor to subcontractor that put an emphasis on employing Apprentices.

Contractors may receive a GFE credit for graduated Apprentice hours through the end of the calendar year for all projects worked on as long as the Apprentice remains continuously employed with the same Contractor they were working for when they graduated. If an Apprentice graduates during employment on a project of significant duration, they may be counted towards a GFE credit for up to one year after their graduation or until the end of the project (whichever comes first). Determination of whether or not Contract requirements were met in good faith will be made by subtracting the hours from the journeyman total reported hours for the project and adding them to the apprentice hour total. If the new utilization percentage meets the Contract requirement, the Contractor will be reported as meeting the requirement in good faith.

Payment All costs incurred by the Contractor for complying with this specification shall be included in the Contract prices for the Bid items of Work involved.

1-07.13 Contractor's Responsibility for Work (*******) 1-07.13(4) Repair of Damage Section 1-07.13(4) is revised to read: The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. For damage qualifying for relief under Sections 1-07.13(1), 1-07.13(2) or 1-07.13(3), payment will be made in accordance with Section 1-04.4. Payment will be limited to repair of damaged work only. No payment will be made for delay or disruption of work.

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(*******) 1-07.14 Responsibility for Damage Section 1-07.14 is supplemented with the following: Indemnification. References in Standard Specification 1-07.14 to the Contractor's "agents" shall be understood to include the Contractor's subcontractors. The Contractor's responsibilities under Standard Specification 1-07.14 shall survive the termination or completion of the contract.

Utilities and Similar Facilities Section 1-07.17 is supplemented with the following: (April 2, 2007) Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification.

The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: **Power:

Cowlitz Public Utility District 961 12th Avenue Longview, Washington 98632 (360) 577-7546

Gas:

Cascade Natural Gas 2688 Coweeman Park Dr. Kelso, Washington 98626 (888) 522-1130 Nippon Dynawave Packaging Company 3401 Industrial Way Longview, Washington 98632 (360) 425-2150

Telephone:

Lumen Technologies 4501 NE Minnehaha St, Bldg II Vancouver, WA 98661 (564) 888-2024 Kalama Telephone PO Box 1068 Kalama, Washington 98625 (360) 673-2764 Sprint Communications 2210 S. 35th Street Tacoma, WA 98409 (360) 402-4159

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Ziply Fiber 354 S. 4th St. P.O. Box 535 Coos Bay, OR. 97420 (503) 626-3270 Water/Sewer: Cowlitz County Public Works (includes Leachate Pipeline) 1600 – 13th Avenue South Kelso, WA 98625 (360) 577-3030 Fiber Optic:

Cascade Networks 1111 11th Avenue Longview, WA 98632-3109 (360) 414-5990 Lumen Technologies 4501 NE Minnehaha St, Bldg II Vancouver, WA 98661 (564) 888-2024 AT&T 11241 Willows Road NE Suite 130 Redmond, WA 98052 Zayo Fiber Solutions 2101 4th Avenue, Suite 2000 Seattle, Washington 98121 (702) 755-1143

Cable:

Comcast 6916 NE 40th Street Vancouver, WA 98661 (360) 891-3204**

1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (January 4, 2024 APWA GSP) 1-07.18(1) General Requirements A.

The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition.

B.

The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below.

C.

If any insurance policy is written on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed.

D.

The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it.

E.

The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice.

F.

The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency

G.

Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency.

H.

All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made.

I.

Under no circumstances shall a wrap-up policy be obtained, for either initiating or maintaining coverage, to satisfy insurance requirements for any policy required under this Section. A “wrap up policy” is defined as an insurance agreement or arrangement under which all the parties working on a specified or designated project are insured under one policy for liability arising out of that specified or designated project.

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1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: ▪

the Contracting Agency and its officers, elected officials, employees, agents, and volunteers

The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor.

For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.

1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors.

The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.

Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage.

1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

Verification of coverage shall include: 1.

An ACORD certificate or a form determined by the Contracting Agency to be equivalent.

2.

Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement.

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3.

Any other amendatory endorsements to show the coverage required herein.

4.

A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted.

Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work.

1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity.

All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self-insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor.

1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage.

The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement.

Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work.

Such policy must provide the following minimum limits: $2,000,000 Each Occurrence $3,000,000 General Aggregate $3,000,000 Products & Completed Operations Aggregate $2,000,000 Personal & Advertising Injury each offence $2,000,000 Stop Gap / Employers’ Liability each accident 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements.

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Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Workers’ Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

1-07.18(5)K Professional Liability (December 30, 2022 APWA GSP) The Contractor and/or its subcontractor(s) and/or its design consultant providing construction management, value engineering, or any other design-related non-construction professional services shall provide evidence of Professional Liability insurance covering professional errors and omissions.

Such policy shall provide the following minimum limits: $1,000,000 per claim and annual aggregate If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability insurance shall include coverage for Environmental Professional Liability.

If insurance is on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract.

1-07.23 Public Convenience And Safety 1-07.23(1) Construction Under Traffic The second paragraph of Section 1-07.23(1) is supplemented with the following: (*******) The Contractor shall limit the total delay to the public, to a maximum of *** 20 *** minutes, during travel through the project. If the delay becomes greater than *** 20 *** minutes, the Contractor shall immediately begin to take action to cease the operations that are causing the delays. If the *** 20 *** minute delay limit has been exceeded, as determined by the Engineer, the Contractor shall provide to the Engineer, a written proposal to revise his work operations to meet the *** 20 *** minute limit. This proposal shall be approved by the Engineer prior to resuming any work requiring traffic control.

1-07.24 Rights of Way (July 23, 2015 APWA GSP) Delete this section and replace it with the following: Street Right of Way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor’s construction activities shall be confined within these limits unless arrangements for use of private property are made.

Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor’s attention by a duly issued Addendum.

Whenever any of the work is accomplished on or through property other than public Right of Way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer.

Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract.

Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted.

The Contractor shall be responsible for providing, without expense or liability to the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established.

1-08 PROSECUTION AND PROGRESS Add the following new section: 1-08.0 Preliminary Matters (May 25, 2006 APWA GSP) Add the following new section: 1-08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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preconstruction conference will be: 1.

2.

3.

4.

5.

6.

To review the initial progress schedule; To establish a working understanding among the various parties associated or affected by the work; To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; To establish normal working hours for the work; To review safety standards and traffic control; and To discuss such other related items as may be pertinent to the work.

The Contractor shall prepare and submit at the preconstruction conference the following: 1.

2.

3.

A breakdown of all lump sum items; A preliminary schedule of working drawing submittals; and A list of material sources for approval if applicable.

Add the following new section: 1-08.0(2) Hours of Work (December 8, 2014 APWA GSP) Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference.

All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances).

If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than 10 am prior to the day(s) the Contractor is requesting to change the hours.

If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: 1.

On non-Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight-time costs for Contracting Agency representatives who worked during such times. (The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include but are not limited to: survey crews; personnel from the Contracting Agency’s material testing lab; Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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inspectors; and other Contracting Agency employees or third party consultants when, in the opinion of the Engineer, such work necessitates their presence.)

2.

Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time.

3.

Considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24-hour period.

4.

If a 4-10 work schedule is requested and approved the non-working day for the week will be charged as a working day.

5.

If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll.

1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (May 25, 2006 APWA GSP; Where the Contractor elects to work on a Saturday, Sunday, or holiday, or longer than an 8-hour work shift on a regular working day, as defined in the Standard Specifications, such work shall be considered as overtime work. On all such overtime work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. In such case, the Contracting Agency may deduct from amounts due or to become due to the Contractor for the costs in excess of the straight-time costs for employees of the Contracting Agency required to work overtime hours.

The Contractor by these specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due to the Contractor.

1-08.1 Subcontracting Section 1-08.1 is supplemented with the following: (******) The Contractor shall ensure that each subcontractor (in any tier) agrees in writing to: (a) perform its work in strict compliance with these contract documents; and (b) defend, indemnify, and hold harmless Cowlitz County (and its officials, employees, and agents) from claims and liabilities arising from the subcontractor's acts and omissions, to the same extent provided in Standard Specification 1-07.14 for the Contractor. Upon request, the Contractor will promptly provide the Engineer with a copy of any subcontract.

The Contractor shall include the language of this section 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. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier.

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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 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;

3.

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.

4.

Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3).

1-08.4 Prosecution of Work Delete this section and replace it with the following: 1-08.4 Notice to Proceed and Prosecution of Work (July 23, 2015 APWA GSP) Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract.

When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract.

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Section 1-08.5 is supplemented with the following: (March 13, 1995) This project shall be physically completed within *** 220 *** working days.

1-08.9 Liquidated Damages (March 3, 2021 APWA GSP, Option B – cannot be used on Federal Aid Projects) Revise the second and third paragraphs to read: Accordingly, the Contractor agrees: 1.

To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Physical Completion, and

2.

To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor.

Liquidated Damages Formula LD=0.15C/T Where: LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Physical Completion When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine the Contract Work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract.

1-09 MEASUREMENT AND PAYMENT 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by the Engineer.

1-09.9 Payments (December 30, 2022 APWA GSP) Section 1-09.9 is revised to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment.

The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer’s determination of the cost of work shall be final.

Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference.

The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment.

The value of the progress estimate will be the sum of the following: 1.

2.

3.

4.

Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price.

Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum breakdown for that item, or absent such a breakdown, based on the Engineer’s determination.

Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer.

Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer.

Progress payments will be made in accordance with the progress estimate less: 1.

2.

3.

Retainage per Section 1-09.9(1), on non FHWA-funded projects; The amount of progress payments previously made; and Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents.

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Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1-05.1.

Failure to perform obligations under the Contract by the Contractor may be decreed by the Contracting Agency to be adequate reason for withholding any payments until compliance is achieved.

Upon completion of all Work and after final inspection (Section 1-05.11), the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Engineer and presentation of a Final Contract Voucher Certification to be signed by the Contractor. The Contractor's signature on such voucher shall be deemed a release of all claims of the Contractor unless a Certified Claim is filed in accordance with the requirements of Section 1-09.11 and is expressly excepted from the Contractor’s certification on the Final Contract Voucher Certification. The date the Contracting Agency signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 1-05.12).

If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification or any other documentation required for completion and final acceptance of the Contract, the Contracting Agency reserves the right to establish a Completion Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by email with delivery confirmation from the Contracting Agency to the Contractor, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30-calendar day period will begin on the date the email with delivery confirmation is received by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification shall constitute the Completion Date and the final acceptance date (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the Contract will apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract.

Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws.

(March 13, 2012 APWA GSP) Supplement this section with the following: Lump sum item breakdowns are not required when the bid price for the lump sum item is less than $20,000.

Section 1-09.9 is supplemented with the following: (*******) Partial Payments. Partial payments shall be made once each month, based on estimates prepared by Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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the Engineer. The Contractor shall prepare a document detailing work and labor performed and material furnished during each calendar month, and shall deliver the document to the Engineer by the fifth day of the following month. The documentation shall be in a format prescribed by the Engineer. If the Contractor's documentation is timely submitted, the County Auditor will issue a warrant payable to the Contractor on the last working day of the month, based on the estimate prepared by the Engineer.

1-09.11(3) Time Limitation and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor’s failure to bring suit within the time period provided, shall be a complete bar to all such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action.

1-09.13(3)A Arbitration General (January 19, 2022 APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency’s headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision shall be in writing.

The arbitrator shall use the Contract as a basis for decisions.

1-10 TEMPORARY TRAFFIC CONTROL 1-10.2 Traffic Control Management Section 1-10.2 is supplemented with the following: (November 2, 2022) Work Zone Safety Contingency Enhancements to improve the effectiveness of the accepted traffic control plans to increase the safety of the work zones shall be discussed on a weekly basis between the Contractor and the Contracting Agency. Enhancements shall be mutually agreed upon by the Contractor and Engineer prior to Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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performing any Work to implement the enhancement.

Enhancements do not include the use of Uniformed Police Officers or WSP, address changes to the allowed work hour restrictions, or changes to the staging plans in the Contract (if applicable). If allowed by the Engineer, these items will be addressed in accordance with Section 1-04.4.

The Contractor shall be solely responsible for submitting any traffic control plan revision to implement the enhancement in accordance with Section 1-10.2(2).

General Section 1-10.2(1) is supplemented with the following: (October 3, 2022) The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers-Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297-3035 https://www.nwlett.edu Evergreen Safety Council 12545 135th Ave. NE Kirkland, WA 98034-8709 1-800-521-0778 https://www.esc.org The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 Fredericksburg, Virginia 22406-1022 Training Dept. Toll Free (877) 642-4637 Phone: (540) 368-1701 https://atssa.com/training Integrity Safety 13912 NE 20th Ave. Vancouver, WA 98686 (360) 574-6071 https://www.integritysafety.com US Safety Alliance (904) 705-5660 https://www.ussafetyalliance.com

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K&D Services Inc. 2719 Rockefeller Ave. Everett, WA 98201 (800) 343-4049 https://www.kndservices.net 1-10.3 Traffic Control Labor, Procedures, and Devices 1-10.3(3)A Construction Signs (******) The first paragraph of Section 1-10.3(3)A is revised to read as follows: All signs required by the approved traffic control plan(s) as well as any other appropriate signs prescribed by the Engineer shall be furnished by the Contractor. The Contractor shall provide the posts or supports and erect and maintain the signs in a clean, neat, and presentable condition until the necessity for them has ceased. When the need for these signs has ceased, the Contractor, upon approval of the Engineer, shall remove all signs, posts, and supports from the project and they shall remain the property of the Contractor. There shall be no intermixing of signs with non-fluorescent orange reflective sign sheeting and signs with fluorescent orange reflective sign sheeting on the same signpost.

The third paragraph of Section 1-10.3(3)A is supplemented with the following: The Contractor shall furnish, install, and remove all construction signs and all cones, barricades, flashers, and other traffic control devises of a temporary and portable nature. The Contractor shall maintain all signs and other traffic control devices.

"MOTORCYCLES USE EXTREME CAUTION" signs per W21-1701 of the WSDOT Sign Fabrication Manual shall be supplied by the Contractor if there will be grooved pavement, abrupt lane edges, steel plates or gravel-or-earth surfaced roadways within the project limits. The Contractor shall include the signs in the Traffic Control Plan and install the signs in advance of the work zone and maintain the signs for as long as the above conditions are present. These signs are in addition to any other signs stating the condition of the roadway. MOTORCYCLES USE EXTREME CAUTION” signs shall be considered Class B signs.

The seventh paragraph of Section 1-10.3(3)A is revised to read as follows: Signs, posts, or supports that are lost, stolen, damaged, destroyed, or which the Engineer deems to be unacceptable while their use is required on the project, shall be replaced by the Contractor without additional compensation.

1-10.4 Measurement (1-10.4(3)) 1-10.4(3) Reinstating Unit Items With Lump Sum Traffic Control Section 1-10.4(3) is supplemented with the following: (November 2, 2022) The bid proposal contains the item “Project Temporary Traffic Control,” lump sum. The provisions of Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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Section 1-10.4(1), Section 1-10.4(3), and Section 1-10.5(3) shall apply.

BID ITEMS

BID ITEM 1: MISCELLANEOUS CONSTRUCTION This bid item shall be accomplished in accordance with the Plans and Standard Specification Section 1-09.6, except as modified below.

1-09.6 Force Account Insert the following paragraph before the first paragraph of Section 1-09.6, which begins "The terms of the contract or of a change order may call...": The Miscellaneous Construction bid item has been included for any additional work directed by the Engineer that is not required by the original contract. The amount indicated in the proposal for this bid item is to provide a common bid amount. The actual amount paid under this bid item may vary from no payment to the full amount of the bid item.

Add the following to Section 1-09.6: In lieu of the preceding prescribed method of determining payment for force account work, payment may be made at unit prices or lump sum prices agreed to by the Engineer and the Contractor, prior to beginning the Miscellaneous Construction work.

BID ITEM 2: CONTRACTOR SURVEYING BID ITEM 3: LICENSED SURVEYING BID ITEM 4: RECORD DRAWINGS These bid items shall be accomplished in accordance with the Plans, Standard Specification Section 1-05.4 and the Special Provisions for Section 1-05.4 along with Section 1-05.18. The amount indicated in the proposal for bid items 3 and 4 are to provide a common bid amount. The actual amount paid under each bid item may vary from no payment to the full amount of the bid item.

BID ITEM 5: MOBILIZATION This bid item shall be accomplished in accordance with the Plans and Standard Specification Section 1-09.7.

BID ITEM 6: PROJECT TEMPORARY TRAFFIC CONTROL These bid items shall be accomplished in accordance with the Plans and Standard Specification Sections 1-07 and 1-10 and the Special Provisions for Section 1-10.

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BID ITEM 7: CLEARING AND GRUBBING This bid item shall be accomplished in accordance with the Plans and Standard Specification Section 2-01 except as modified below: 2-01.1 Description Delete paragraph one of Section 2-01.1, which begins "The Contractor shall clear..." and replace with the following: (*******) The Contractor shall clear, grub, and clean the entire limits of clearing within the project area, unless otherwise noted or specified. The Contractor shall also clear, grub and clean areas designated to receive fill materials, as specified herein. Existing trees outside the limits of clearing and specific improvements marked on the plans as remaining shall be protected from damage.

Delete paragraph two of Section 2-01.1 which begins “Clearing” means removing and...” and replace with the following: (*******) “Clearing” means removing and disposing of all unwanted material from the surface, as determined by the Engineer, such as trees, brush, vines, down timber, lumber, concrete, miscellaneous trash, and other.

No waste site has been provided by the County for this project.

2-01.5 Payment Add the following to the third paragraph of Section 2-01.5 which begins “the unit Contract price per acre…”: (*******) It has been calculated that there are approximately 2 acres of Clearing and Grubbing required for this project. This value has been provided for the purposes of bidding only. No adjustment to this lump sum bid item will be made.

BID ITEM 8: REMOVAL OF STRUCTURES AND OBSTRUCTIONS This bid item shall be accomplished in accordance with the Plans and Standard Specification Section 2-02, except as modified below: 2-02.1 Description Add the following to Section 2-02.1: (*******) Removal of Structures and Obstructions shall consist of the following work: 1. As Detailed on the plans

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2-02.5 Payment Add the following to Section 2-02.5: (*******) The lump sum contract price shall be full pay for excavating, loading, hauling, placing, or otherwise disposing of all items of this bid item designated for removal, salvage, or abandonment.

The contract price shall also include all backfilling as is necessary to bring the voids left by the removal of the items specified above to match the elevation of the sub-grade or surrounding grade.

It has been calculated that there are approximately 1000 square yards of existing asphalt concrete pavement located within the project limits that are designated for removal in the Removal of Structure and Obstruction bid item. This value has been provided for the purposes of bidding only. No cost adjustment to the lump sum bid item for Removal of Structure and Obstruction will be made.

BID ITEM 9: CRUSHED SURFACING BASE COURSE BID ITEM 10: CRUSHED SURFACING TOP COURSE These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 4-04, except as modified below. (*******) 4-04.3(4) Placing and Spreading Delete item 2 of Section 4-04.3(4), which begins "Road Mix Method. Each..." and replace with the following: 2.

Road Mix Method. The road mix method of mixing crushed surfacing base course and top course will not be allowed.

3.

Placement on Construction Geotextile. Crushed surfacing base and top course to be placed on construction geotextile shall not be dumped directly onto geotextile. Crushed surfacing base and top course shall be dumped on previously placed materials then spread over the geotextile and compacted as required by the Plans.

(*******) Delete the second paragraph under item 2 Road Mix Method of Section 4-04.3(4), which begins “The following nominal depth…” and replace with the following: The following nominal depth of compacted material shall not be exceeded in any one course without the approval of the Engineer: Crushed Surfacing

0.50-foot

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4-04.3(5) Shaping and Compaction Add the following to Section 4-04.3(5): (*******) The top surface of the compacted materials shall not deviate from the design grade in excess of the following: Crushed Surfacing Base/Top Course: + or – 0.02 foot.

Payment “Crushed Surfacing Base Course/Top Course”, per ton.

The unit contract price per ton shall be full pay for furnishing, processing, hauling, placing, and compacting the Base/Top Course. This bid item is not subject to Section 1-04.6 and shall be paid for only the amount placed per ton per truck tickets.

BID ITEM 11: HMA CLASS 3/8 Inch PG 58H-22 These bid items shall be accomplished in accordance with the Plans, the following APWA GSP for Section 5-04, as modified by Cowlitz County, and the subsequently following WSDOT GSP for Asphalt Cost Price Adjustment (include if WSDOT GSP is included). Cowlitz County modifications to the APWA GSP are shown as underlined text for additions and as strikethrough text for deletions.

5-04 Hot Mix Asphalt (January 31, 2023 APWA GSP) Delete Section 5-04, Hot Mix Asphalt, and replace it with the following: 5-04.1 Description This Work shall consist of providing and placing one or more layers of plant-mixed hot mix asphalt (HMA) on a prepared foundation or base in accordance with these Specifications and the lines, grades, thicknesses, and typical cross-sections shown in the Plans. The manufacture of HMA may include warm mix asphalt (WMA) processes in accordance with these Specifications. WMA processes include organic additives, chemical additives, and foaming.

HMA shall be composed of asphalt binder and mineral materials as may be required, mixed in the proportions specified to provide a homogeneous, stable, and workable mixture.

5-04.2 Materials Materials shall meet the requirements of the following sections: Asphalt Binder 9-02.1(4) Cationic Emulsified Asphalt 9-02.1(6) Anti-Stripping Additive 9-02.4 HMA Additive 9-02.5 Aggregates 9-03.8 Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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Recycled Asphalt Pavement (RAP) Reclaimed Asphalt Shingles (RAS) Mineral Filler Recycled Material

9-03.8(3)B, 9-03.21 9-03.8(3)B, 9-03.21 9-03.8(5) 9-03.21

The Contract documents may establish that the various mineral materials required for the manufacture of HMA will be furnished in whole or in part by the Contracting Agency. If the documents do not establish the furnishing of any of these mineral materials by the Contracting Agency, the Contractor shall be required to furnish such materials in the amounts required for the designated mix. Mineral materials include coarse and fine aggregates, and mineral filler.

The Contractor may choose to utilize recycled asphalt pavement (RAP) in the production of HMA. The RAP may be from pavements removed under the Contract, if any, or pavement material from an existing stockpile.

The Contractor may use up to 20 percent RAP by total weight of HMA with no additional sampling or testing of the RAP. If the Contractor wishes to utilize High RAP/Any RAS, the design must be listed on the WSDOT Qualified Products List (QPL).

The grade of asphalt binder shall be as required by the Contract. Blending of asphalt binder from different sources is not permitted.

The Contractor may only use warm mix asphalt (WMA) processes in the production of HMA with 20 percent or less RAP by total weight of HMA. The Contractor shall submit to the Engineer for approval the process that is proposed and how it will be used in the manufacture of HMA. Production of aggregates shall comply with the requirements of Section 3-01.

Preparation of stockpile site, the stockpiling of aggregates, and the removal of aggregates from stockpiles shall comply with the requirements of Section 3-02.

5-04.2(1) How to Get an HMA Mix Design on the QPL If the Contractor wishes to submit a mix design for inclusion in the Qualified Products List (QPL), please follow the WSDOT process outlined in Standard Specification 5-04.2(1).

5-04.2(1)A Vacant 5-04.2(2) Mix Design - Obtaining Project Approval No paving shall begin prior to the approval of the mix design by the Engineer.

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Nonstatistical evaluation will be used for all HMA not designated as Commercial HMA in the Contract documents.

Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, temporary pavement, and pavement repair. Other nonstructural applications of HMA accepted by commercial evaluation shall be as approved by the Project Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Project Engineer. The Proposal quantity of HMA that is accepted by commercial evaluation will be excluded from the quantities used in the determination of nonstatistical evaluation.

Nonstatistical Mix Design. Fifteen days prior to the first day of paving the Contractor shall provide one of the following mix design verification certifications for Contracting Agency review; • • •

The WSDOT Mix Design Evaluation Report from the current WSDOT QPL, or one of the mix design verification certifications listed below.

The proposed HMA mix design on WSDOT Form 350-042 with the seal and certification (stamp & signature) of a valid licensed Washington State Professional Engineer.

The Mix Design Report for the proposed HMA mix design developed by a qualified City or County laboratory that is within one year of the approval date.

The mix design shall be performed by a lab accredited by a national authority such as Laboratory Accreditation Bureau, L-A-B for Construction Materials Testing, The Construction Materials Engineering Council (CMEC’s) ISO 17025 or AASHTO Accreditation Program (AAP) and shall supply evidence of participation in the AASHTO: resource proficiency sample program.

Mix designs for HMA accepted by Nonstatistical evaluation shall: •

Be designed for ***$$1$$*** million equivalent single axle loads (ESALs).

•

Have the aggregate structure and asphalt binder content determined in accordance with WSDOT Standard Operating Procedure 732 and meet the requirements of Sections 9-03.8(2), except that Hamburg testing for ruts and stripping are at the discretion of the Engineer, and 9-03.8(6).

•

Have anti-strip requirements, if any, for the proposed mix design determined in accordance with AASHTO T 283 or T 324 or based on historic anti-strip and aggregate source compatibility from previous WSDOT lab testing.

At the discretion of the Engineer, agencies may accept verified mix designs older than 12 months from the original verification date with a certification from the Contractor that the materials and sources are the same as those shown on the original mix design.

Commercial Evaluation Mix Design. Approval of a mix design for “Commercial Evaluation” will be based on a review of the Contractor’s submittal of WSDOT Form 350-042 (for commercial mixes, AASHTO T 324 evaluation is not required) or a Mix Design from the current WSDOT QPL or from one of the

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processes allowed by this section. Testing of the HMA by the Contracting Agency for mix design approval is not required.

For the Bid Item Commercial HMA, the Contractor shall select a class of HMA and design level of ESALs appropriate for the required use.

5-04.2(2)B Using Warm Mix Asphalt Processes The Contractor may elect to use additives that reduce the optimum mixing temperature or serve as a compaction aid for producing HMA. Additives include organic additives, chemical additives and foaming processes. The use of Additives is subject to the following: •

Do not use additives that reduce the mixing temperature more than allowed in Section 5-04.3(6) in the production of mixtures.

•

Before using additives, obtain the Engineer’s approval using WSDOT Form 350-076 to describe the proposed additive and process.

5-04.3 Construction Requirements 5-04.3(1) Weather Limitations Do not place HMA for wearing course on any Traveled Way beginning October 1st through March 31st of the following year without written concurrence from the Engineer.

Do not place HMA on any wet surface, or when the average surface temperatures are less than those specified below, or when weather conditions otherwise prevent the proper handling or finishing of the HMA. Minimum Surface Temperature for Paving Compacted Thickness (Feet)

Wearing Course

Other Courses

Less than 0.10

55°F

45°F

0.10 to .20

45°F

35°F

More than 0.20

35°F

35°F

5-04.3(2) Paving Under Traffic When the Roadway being paved is open to traffic, the requirements of this Section shall apply.

The Contractor shall keep intersections open to traffic at all times except when paving the intersection or paving across the intersection. During such time, and provided that there has been an advance warning to the public, the intersection may be closed for the minimum time required to place and compact the mixture. In hot weather, the Engineer may require the application of water to the pavement to accelerate the finish rolling of the pavement and to shorten the time required before Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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reopening to traffic.

Before closing an intersection, advance warning signs shall be placed, and signs shall also be placed marking the detour or alternate route.

During paving operations, temporary pavement markings shall be maintained throughout the project.

Temporary pavement markings shall be installed on the Roadway prior to opening to traffic. Temporary pavement markings shall be in accordance with Section 8-23.

All costs in connection with performing the Work in accordance with these requirements, except the cost of temporary pavement markings, shall be included in the unit Contract prices for the various Bid items involved in the Contract.

5-04.3(3) Equipment 5-04.3(3)A Mixing Plant Plants used for the preparation of HMA shall conform to the following requirements: 1.

Equipment for Preparation of Asphalt Binder – Tanks for the storage of asphalt binder shall be equipped to heat and hold the material at the required temperatures. The heating shall be accomplished by steam coils, electricity, or other approved means so that no flame shall be in contact with the storage tank. The circulating system for the asphalt binder shall be designed to ensure proper and continuous circulation during the operating period. A valve for the purpose of sampling the asphalt binder shall be placed in either the storage tank or in the supply line to the mixer.

2.

Thermometric Equipment – An armored thermometer, capable of detecting temperature ranges expected in the HMA mix, shall be fixed in the asphalt binder feed line at a location near the charging valve at the mixer unit. The thermometer location shall be convenient and safe for access by Inspectors. The plant shall also be equipped with an approved dial-scale thermometer, a mercury actuated thermometer, an electric pyrometer, or another approved thermometric instrument placed at the discharge chute of the drier to automatically register or indicate the temperature of the heated aggregates. This device shall be in full view of the plant operator.

3.

Heating of Asphalt Binder – The temperature of the asphalt binder shall not exceed the maximum recommended by the asphalt binder manufacturer nor shall it be below the minimum temperature required to maintain the asphalt binder in a homogeneous state. The asphalt binder shall be heated in a manner that will avoid local variations in heating. The heating method shall provide a continuous supply of asphalt binder to the mixer at a uniform average temperature with no individual variations exceeding 25°F. Also, when a WMA additive is included in the asphalt binder, the temperature of the asphalt binder shall not exceed the maximum recommended by the manufacturer of the WMA additive.

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4.

Sampling and Testing of Mineral Materials – The HMA plant shall be equipped with a mechanical sampler for the sampling of the mineral materials. The mechanical sampler shall meet the requirements of Section 1-05.6 for the crushing and screening operation. The Contractor shall provide for the setup and operation of the field-testing facilities of the Contracting Agency as provided for in Section 3-01.2(2).

5.

Sampling HMA – The HMA plant shall provide for sampling HMA by one of the following methods: a.

A mechanical sampling device attached to the HMA plant.

b.

Platforms or devices to enable sampling from the hauling vehicle without entering the hauling vehicle.

5-04.3(3)B Hauling Equipment Trucks used for hauling HMA shall have tight, clean, smooth metal beds and shall have a cover of canvas or other suitable material of sufficient size to protect the mixture from adverse weather. Whenever the weather conditions during the work shift include, or are forecast to include precipitation or an air temperature less than 45°F or when time from loading to unloading exceeds 30 minutes, the cover shall be securely attached to protect the HMA. The Contractor shall provide an environmentally benign means to prevent the HMA mixture from adhering to the hauling equipment. Excess release agent shall be drained prior to filling hauling equipment with HMA. Petroleum derivatives or other coating material that contaminate or alter the characteristics of the HMA shall not be used. For live bed trucks, the conveyer shall be in operation during the process of applying the release agent.

5-04.3(3)C Pavers HMA pavers shall be self-contained, power-propelled units, provided with an internally heated vibratory screed and shall be capable of spreading and finishing courses of HMA plant mix material in lane widths required by the paving section shown in the Plans.

The HMA paver shall be in good condition and shall have the most current equipment available from the manufacturer for the prevention of segregation of the HMA mixture installed, in good condition, and in working order. The equipment certification shall list the make, model, and year of the paver and any equipment that has been retrofitted.

The screed shall be operated in accordance with the manufacturer’s recommendations and shall effectively produce a finished surface of the required evenness and texture without tearing, shoving, segregating, or gouging the mixture. A copy of the manufacturer’s recommendations shall be provided upon request by the Contracting Agency. Extensions will be allowed provided they produce the same results, including ride, density, and surface texture as obtained by the primary screed. Extensions without augers and an internally heated vibratory screed shall not be used in the Traveled Way. When specified in the Contract, reference lines for vertical control will be required. Lines shall be placed on both outer edges of the Traveled Way of each Roadway. Horizontal control utilizing the reference Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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line will be permitted. The grade and slope for intermediate lanes shall be controlled automatically from reference lines or by means of a mat referencing device and a slope control device. When the finish of the grade prepared for paving is superior to the established tolerances and when, in the opinion of the Engineer, further improvement to the line, grade, cross-section, and smoothness can best be achieved without the use of the reference line, a mat referencing device may be substituted for the reference line. Substitution of the device will be subject to the continued approval of the Engineer. A joint matcher may be used subject to the approval of the Engineer. The reference line may be removed after the completion of the first course of HMA when approved by the Engineer. Whenever the Engineer determines that any of these methods are failing to provide the necessary vertical control, the reference lines will be reinstalled by the Contractor.

The Contractor shall furnish and install all pins, brackets, tensioning devices, wire, and accessories necessary for satisfactory operation of the automatic control equipment.

If the paving machine in use is not providing the required finish, the Engineer may suspend Work as allowed by Section 1-08.6. Any cleaning or solvent type liquids spilled on the pavement shall be thoroughly removed before paving proceeds.

5-04.3(3)D Material Transfer Device or Material Transfer Vehicle A Material Transfer Device/Vehicle (MTD/V) shall only be used with the Engineer’s approval, unless otherwise required by the Contract.

Where an MTD/V is required by the Contract, the Engineer may approve paving without an MTD/V, at the request of the Contractor. The Engineer will determine if an equitable adjustment in cost or time is due.

When used, the MTD/V shall mix the HMA after delivery by the hauling equipment and prior to laydown by the paving machine. Mixing of the HMA shall be sufficient to obtain a uniform temperature throughout the mixture. If a windrow elevator is used, the length of the windrow may be limited in urban areas or through intersections, at the discretion of the Engineer.

To be approved for use, an MTV: 1.

Shall be self-propelled vehicle, separate from the hauling vehicle or paver.

2.

Shall not be connected to the hauling vehicle or paver.

3.

May accept HMA directly from the haul vehicle or pick up HMA from a windrow.

4.

Shall mix the HMA after delivery by the hauling equipment and prior to placement into the paving machine.

5.

Shall mix the HMA sufficiently to obtain a uniform temperature throughout the mixture.

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To be approved for use, an MTD: 1.

Shall be positively connected to the paver.

2.

May accept HMA directly from the haul vehicle or pick up HMA from a windrow.

3.

Shall mix the HMA after delivery by the hauling equipment and prior to placement into the paving machine.

4.

Shall mix the HMA sufficiently to obtain a uniform temperature throughout the mixture.

5-04.3(3)E Rollers Rollers shall be of the steel wheel, vibratory, oscillatory, or pneumatic tire type, in good condition and capable of reversing without backlash. Operation of the roller shall be in accordance with the manufacturer’s recommendations. When ordered by the Engineer for any roller planned for use on the project, the Contractor shall provide a copy of the manufacturer’s recommendation for the use of that roller for compaction of HMA. The number and weight of rollers shall be sufficient to compact the mixture in compliance with the requirements of Section 5-04.3(10). The use of equipment that results in crushing of the aggregate will not be permitted. Rollers producing pickup, washboard, uneven compaction of the surface, displacement of the mixture or other undesirable results shall not be used.

5-04.3(4) Preparation of Existing Paved Surfaces When the surface of the existing pavement or old base is irregular, the Contractor shall bring it to a uniform grade and cross-section as shown on the Plans or approved by the Engineer.

Preleveling of uneven or broken surfaces over which HMA is to be placed may be accomplished by using an asphalt paver, a motor patrol grader, or by hand raking, as approved by the Engineer.

Compaction of preleveling HMA shall be to the satisfaction of the Engineer and may require the use of small steel wheel rollers, plate compactors, or pneumatic rollers to avoid bridging across preleveled areas by the compaction equipment. Equipment used for the compaction of preleveling HMA shall be approved by the Engineer.

Before construction of HMA on an existing paved surface, the entire surface of the pavement shall be clean. All fatty asphalt patches, grease drippings, and other objectionable matter shall be entirely removed from the existing pavement. All pavements or bituminous surfaces shall be thoroughly cleaned of dust, soil, pavement grindings, and other foreign matter. All holes and small depressions shall be filled with an appropriate class of HMA. The surface of the patched area shall be leveled and compacted thoroughly. Prior to the application of tack coat, or paving, the condition of the surface shall be approved by the Engineer.

A tack coat of asphalt shall be applied to all paved surfaces on which any course of HMA is to be placed or abutted.Tack coat shall be uniformly applied to cover the existing pavement with a thin film of residual asphalt free of streaks and bare spots at a rate between 0.02 and 0.10 gallons per square yard of retained asphalt. The rate of application shall be approved by the Engineer. A heavy application of tack coat shall be applied to all joints. For Roadways open to traffic, the application of tack coat shall be Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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limited to surfaces that will be paved during the same working shift. The spreading equipment shall be equipped with a thermometer to indicate the temperature of the tack coat material.

Equipment shall not operate on tacked surfaces until the tack has broken and cured. If the Contractor’s operation damages the tack coat it shall be repaired prior to placement of the HMA. The tack coat shall be CSS-1, or CSS-1h emulsified asphalt. The CSS-1 and CSS-1h emulsified asphalt may be diluted once with water at a rate not to exceed one-part water to one-part emulsified asphalt. The tack coat shall have sufficient temperature such that it may be applied uniformly at the specified rate of application and shall not exceed the maximum temperature recommended by the emulsified asphalt manufacturer.

5-04.3(4)A Crack Sealing When the Proposal includes a pay item for crack sealing, seal cracks in accordance with Section 5-03.

5-04.3(4)B Vacant 5-04.3(4)C Pavement Repair The Contractor shall excavate pavement repair areas and shall backfill these with HMA in accordance with the details shown in the Plans and as marked in the field. The Contractor shall conduct the excavation operations in a manner that will protect the pavement that is to remain. Pavement not designated to be removed that is damaged as a result of the Contractor’s operations shall be repaired by the Contractor to the satisfaction of the Engineer at no cost to the Contracting Agency. The Contractor shall excavate only within one lane at a time unless approved otherwise by the Engineer.

The Contractor shall not excavate more area than can be completely finished during the same shift, unless approved by the Engineer.

Unless otherwise shown in the Plans or determined by the Engineer, excavate to a depth of 1.0 feet.

The Engineer will make the final determination of the excavation depth required. The minimum width of any pavement repair area shall be 40 inches unless shown otherwise in the Plans. Before any excavation, the existing pavement shall be sawcut or shall be removed by a pavement grinder.

Excavated materials will become the property of the Contractor and shall be disposed of in a Contractor-provided site off the Right of Way or used in accordance with Sections 2-02.3(3) or 9-03.21.

Asphalt for tack coat shall be required as specified in Section 5-04.3(4). A heavy application of tack coat shall be applied to all surfaces of existing pavement in the pavement repair area.

Placement of the HMA backfill shall be accomplished in lifts not to exceed 0.35-foot compacted depth.

Lifts that exceed 0.35-foot of compacted depth may be accomplished with the approval of the Engineer.

Each lift shall be thoroughly compacted by a mechanical tamper or a roller.

5-04.3(5) Producing/Stockpiling Aggregates and RAP Aggregates and RAP shall be stockpiled according to the requirements of Section 3-02. Sufficient storage space shall be provided for each size of aggregate and RAP. Materials shall be removed from stockpile(s) in a manner to ensure minimal segregation when being moved to the HMA plant for processing into the final mixture. Different aggregate sizes shall be kept separated until they have been delivered to the Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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HMA plant.

5-04.3(5)A Vacant 5-04.3(6) Mixing After the required amount of mineral materials, asphalt binder, recycling agent and anti-stripping additives have been introduced into the mixer the HMA shall be mixed until complete and uniform coating of the particles and thorough distribution of the asphalt binder throughout the mineral materials is ensured.

When discharged, the temperature of the HMA shall not exceed the optimum mixing temperature by more than 25°F as shown on the reference mix design report or as approved by the Engineer. Also, when a WMA additive is included in the manufacture of HMA, the discharge temperature of the HMA shall not exceed the maximum recommended by the manufacturer of the WMA additive. A maximum water content of 2 percent in the mix, at discharge, will be allowed providing the water causes no problems with handling, stripping, or flushing. If the water in the HMA causes any of these problems, the moisture content shall be reduced as directed by the Engineer.

Storing or holding of the HMA in approved storage facilities will be permitted with approval of the Engineer, but in no event shall the HMA be held for more than 24 hours. HMA held for more than 24 hours after mixing shall be rejected. Rejected HMA shall be disposed of by the Contractor at no expense to the Contracting Agency. The storage facility shall have an accessible device located at the top of the cone or about the third point. The device shall indicate the amount of material in storage. No HMA shall be accepted from the storage facility when the HMA in storage is below the top of the cone of the storage facility, except as the storage facility is being emptied at the end of the working shift.

Recycled asphalt pavement (RAP) utilized in the production of HMA shall be sized prior to entering the mixer so that a uniform and thoroughly mixed HMA is produced. If there is evidence of the recycled asphalt pavement not breaking down during the heating and mixing of the HMA, the Contractor shall immediately suspend the use of the RAP until changes have been approved by the Engineer. After the required amount of mineral materials, RAP, new asphalt binder and asphalt rejuvenator have been introduced into the mixer the HMA shall be mixed until complete and uniform coating of the particles and thorough distribution of the asphalt binder throughout the mineral materials, and RAP is ensured.

5-04.3(7) Spreading and Finishing The mixture shall be laid upon an approved surface, spread, and struck off to the grade and elevation established. HMA pavers complying with Section 5-04.3(3) shall be used to distribute the mixture.

Unless otherwise directed by the Engineer, the nominal compacted depth of any layer of any course shall not exceed the following: HMA Class 1” HMA Class ¾” and HMA Class ½” wearing course other courses HMA Class ⅜”

0.35 feet 0.30 feet 0.35 feet 0.17 feet

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On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the paving may be done with other equipment or by hand.

When more than one JMF is being utilized to produce HMA, the material produced for each JMF shall be placed by separate spreading and compacting equipment. The intermingling of HMA produced from more than one JMF is prohibited. Each strip of HMA placed during a work shift shall conform to a single JMF established for the class of HMA specified unless there is a need to make an adjustment in the JMF. The internal temperature of the HMA mixture as measured immediately behind the paver screed should not be less than the minimum Compaction Temperature listed in the Mix Design Submittal Form or that listed in the WSDOT Mix Design Verification Report, whichever is greater.

All underground utilities testing shall be completed, and the installation of the underground utilities shall be accepted by the utility owner prior to placing HMA. All fill and crushed surfacing materials under the HMA pavement shall be placed, compacted and tested according to the Contract Documents prior to placing HMA. The HMA mixture shall be laid upon the prepared surface, spread, and struck off to the grade and elevation established.

The finish surface of the compacted HMA shall not deviate from the design grade in excess of the following: Specified Depth Single lift 0.08 – 0.17’ Multi lift 0.00 – 0.25’ 0.26 – 0.50’ 0.51 – 0.75’ over 0.75’

Max. Allowable Deviation At any point -0.045’ -0.03’ -0.045’ -0.06’ -0.075’

Ave. Depth Deviation for entire project -0.015’ -0.01’ -0.015’ -0.02’ -0.025’

5-04.3(8) Aggregate Acceptance Prior to Incorporation in HMA For HMA accepted by nonstatistical evaluation, the aggregate properties of sand equivalent, uncompacted void content, and fracture will be evaluated in accordance with Section 3-04. Sampling and testing of aggregates for HMA accepted by commercial evaluation will be at the option of the Engineer.

5-04.3(9) HMA Mixture Acceptance Acceptance of HMA shall be as provided under nonstatistical, or commercial evaluation.

Nonstatistical evaluation will be used for the acceptance of HMA unless Commercial Evaluation is specified.

Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, temporary pavement, and pavement repair. Other nonstructural applications of HMA accepted by commercial evaluation shall be as approved by the Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Engineer.

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The mix design will be the initial JMF for the class of HMA. The Contractor may request a change in the JMF. Any adjustments to the JMF will require the approval of the Engineer and may be made in accordance with this section.

HMA Tolerances and Adjustments 1.

Job Mix Formula Tolerances – The constituents of the mixture at the time of acceptance shall be within tolerance. The tolerance limits will be established as follows: For Asphalt Binder and Air Voids (Va), the acceptance limits are determined by adding the tolerances below to the approved JMF values. These values will also be the Upper Specification Limit (USL) and Lower Specification Limit (LSL) required in Section 1-06.2(2)D2 Property Asphalt Binder Air Voids, Va

Non-Statistical Evaluation +/- 0.5% 2.5% min. and 5.5% max

Commercial Evaluation +/- 0.7% N/A

For Aggregates in the mixture: a.

First, determine preliminary upper and lower acceptance limits by applying the following tolerances to the approved JMF. Aggregate Percent Passing 1”, 3/4”, 1/2”, and 3/8” sieves No. 4 sieve No. 8 Sieve No. 200 sieve

b.

2.

Non-Statistical Evaluation

Commercial Evaluation

+/- 6%

+/- 8%

+/-6% +/- 6% +/- 2.0%

+/- 8% +/-8% +/- 3.0%

Second, adjust the preliminary upper and lower acceptance limits determined from step (a) the minimum amount necessary so that none of the aggregate properties are outside the control points in Section 9-03.8(6). The resulting values will be the upper and lower acceptance limits for aggregates, as well as the USL and LSL required in Section 1-06.2(2)D2.

Job Mix Formula Adjustments – An adjustment to the aggregate gradation or asphalt binder content of the JMF requires approval of the Engineer. Adjustments to the JMF will only be considered if the change produces material of equal or better quality and may require the development of a new mix design if the adjustment exceeds the amounts listed below. a.

Aggregates –2 percent for the aggregate passing the 1½″, 1″, ¾″, ½″, ⅜″, and the No. 4 sieves, 1 percent for aggregate passing the No. 8 sieve, and 0.5 percent for the aggregate passing the No. 200 sieve. The adjusted JMF shall be within the range of the control points in Section 9-03.8(6).

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b.

Asphalt Binder Content – The Engineer may order or approve changes to asphalt binder content. The maximum adjustment from the approved mix design for the asphalt binder content shall be 0.3 percent.

5-04.3(9)A Vacant 5-04.3(9)B Vacant 5-04.3(9)C Mixture Acceptance – Nonstatistical Evaluation HMA mixture which is accepted by Nonstatistical Evaluation will be evaluated by the Contracting Agency by dividing the HMA tonnage into lots.

5-04.3(9)C1 Mixture Nonstatistical Evaluation – Lots and Sublots A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance. A lot is defined as the total quantity of material or work produced for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot shall be equal to one day’s production or 800 tons, whichever is less except that the final sublot will be a minimum of 400 tons and may be increased to 1200 tons.

All of the test results obtained from the acceptance samples from a given lot shall be evaluated collectively. If the Contractor requests a change to the JMF that is approved, the material produced after the change will be evaluated on the basis of the new JMF for the remaining sublots in the current lot and for acceptance of subsequent lots. For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request after the Engineer is satisfied that material conforming to the Specifications can be produced.

Sampling and testing for evaluation shall be performed on the frequency of one sample per sublot.

Sampling and testing for total project quantities less than 400 tons is at the discretion of the engineer.

For a total project quantity less than 800 tons but more than 400 tons, a minimum of one acceptance test shall be performed: i. ii.

If test results are found to be within specification requirements, additional testing will be at the Engineer’s discretion.

If test results are found not to be within specification requirements, additional testing as needed to determine a CPF shall be performed.

5-04.3(9)C2 Mixture Nonstatistical Evaluation Sampling Samples for acceptance testing shall be obtained by the Contractor when ordered by the Engineer. The Contractor shall sample the HMA mixture in the presence of the Engineer and in accordance with AASH-TO T 168. A minimum of three samples should be taken for each class of HMA placed on a project.

If used in a structural application, at least one of the three samples shall be tested.

Sampling and testing HMA in a structural application where quantities are less than 400 tons is at the discretion of the Engineer.

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For HMA used in a structural application and with a total project quantity less than 800 tons but more than 400 tons, a minimum of one acceptance test shall be performed. In all cases, a minimum of 3 samples will be obtained at the point of acceptance, a minimum of one of the three samples will be tested for conformance to the JMF: •

If the test results are found to be within specification requirements, additional testing will be at the Engineer’s discretion.

•

If test results are found not to be within specification requirements, additional testing of the remaining samples to determine a CPF shall be performed.

5-04.3(9)C3 Mixture Nonstatistical Evaluation – Acceptance Testing Testing of HMA for compliance of Va will at the option of the Contracting Agency. If tested, compliance of Va will use WSDOT SOP 731.

Testing for compliance of asphalt binder content will be by WSDOT FOP for AASHTO T 308.

Testing for compliance of gradation will be by FOP for WAQTC T 27/T 11.

5-04.3(9)C4 Mixture Nonstatistical Evaluation – Pay Factors For each lot of material falling outside the tolerance limits in 5-04.3(9), the Contracting Agency will determine a CPF using the following price adjustment factors: Table of Price Adjustment Factors Constituent

Factor “f”

All aggregate passing: 1½″, 1″, ¾″, ½″, ⅜″ and No. 4 sieves

2

All aggregate passing No. 8 sieve

15

All aggregate passing No. 200 sieve

20

Asphalt binder

40

Air Voids (Va) (where applicable)

20

Each lot of HMA produced under Nonstatistical Evaluation and having all constituents falling within the tolerance limits of the job mix formula shall be accepted at the unit Contract price with no further evaluation. When one or more constituents fall outside the nonstatistical tolerance limits in the Job Mix Formula shown in Table of Price Adjustment Factors, the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The nonstatistical tolerance limits will be used in the calculation of the CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the existing sublots or samples from the Roadway shall be tested to provide a minimum of three sets of results for evaluation.

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5-04.3(9)C5 Vacant 5-04.3(9)C6 Mixture Nonstatistical Evaluation – Price Adjustments For each lot of HMA mix produced under Nonstatistical Evaluation when the calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. The total job mix compliance price adjustment will be calculated as the product of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix.

If a constituent is not measured in accordance with these Specifications, its individual pay factor will be considered 1.00 in calculating the CPF. 5-04.3(9)C7 Mixture Nonstatistical Evaluation - Retests The Contractor may request a sublot be retested. To request a retest, the Contractor shall submit a written request within 7 calendar days after the specific test results have been received. A split of the original acceptance sample will be retested. The split of the sample will not be tested with the same tester that ran the original acceptance test. The sample will be tested for a complete gradation analysis, asphalt binder content, and, at the option of the agency, V a. The results of the retest will be used for the acceptance of the HMA in place of the original sublot sample test results. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of $500 per sample.

5-04.3 (9)D Mixture Acceptance – Commercial Evaluation If sampled and tested, HMA produced under Commercial Evaluation and having all constituents falling within the tolerance limits of the job mix formula shall be accepted at the unit Contract price with no further evaluation. When one or more constituents fall outside the commercial tolerance limits in the Job Mix Formula shown in 5-04.3(9), the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The commercial tolerance limits will be used in the calculation of the CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the existing sublots or samples from the street shall be tested to provide a minimum of three sets of results for evaluation.

For each lot of HMA mix produced and tested under Commercial Evaluation when the calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. The Job Mix Compliance Price Adjustment will be calculated as the product of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix.

If a constituent is not measured in accordance with these Specifications, its individual pay factor will be considered 1.00 in calculating the CPF. 5-04.3(10) HMA Compaction Acceptance HMA mixture accepted by nonstatistical evaluation that is used in traffic lanes, including lanes for intersections, ramps, truck climbing, weaving, and speed change, and having a specified compacted course thickness greater than 0.10-foot, shall be compacted to a specified level of relative density. The specified level of relative density shall be a CPF of not less than 0.75 when evaluated in accordance with Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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Section 1-06.2, using a LSL of 92.0 (minimum of 92 percent of the maximum density). The maximum density shall be determined by WSDOT FOP for AASHTO T 729. The specified level of density attained will be determined by the evaluation of the density of the pavement. The density of the pavement shall be determined in accordance with WSDOT FOP for WAQTC TM 8, except that gauge correlation will be at the discretion of the Engineer, when using the nuclear density gauge and WSDOT SOP 736 when using cores to determine density.

Tests for the determination of the pavement density will be taken in accordance with the required procedures for measurement by a nuclear density gauge or Roadway cores after completion of the finish rolling.

If the Contracting Agency uses a nuclear density gauge to determine density the test procedures FOP for WAQTC TM 8 and WSDOT SOP T 729 will be used on the day the mix is placed and prior to opening to traffic.

Roadway cores for density may be obtained by either the Contracting Agency or the Contractor in accordance with WSDOT SOP 734. The core diameter shall be 4-inches minimum, unless otherwise approved by the Engineer. Roadway cores will be tested by the Contracting Agency in accordance with WSDOT FOP for AASHTO T 166.

If the Contract includes the Bid item “Roadway Core”, the cores shall be obtained by the Contractor in the presence of the Engineer on the same day the mix is placed and at locations designated by the Engineer. If the Contract does not include the Bid item “Roadway Core”, the Contracting Agency will obtain the cores.

For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request after the Engineer is satisfied that material conforming to the Specifications can be produced.

HMA mixture accepted by commercial evaluation and HMA constructed under conditions other than those listed above shall be compacted on the basis of a test point evaluation of the compaction train.

The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving.

HMA for preleveling shall be thoroughly compacted. HMA that is used for preleveling wheel rutting shall be compacted with a pneumatic tire roller unless otherwise approved by the Engineer.

Test Results For a sublot that has been tested with a nuclear density gauge that did not meet the minimum of 92 percent of the reference maximum density in a compaction lot with a CPF below 1.00 and thus subject to a price reduction or rejection, the Contractor may request that a core be used for determination of the relative density of the sublot. The relative density of the core will replace the relative density determined by the nuclear density gauge for the sublot and will be used for calculation of the CPF and acceptance of HMA compaction lot.

When cores are taken by the Contracting Agency at the request of the Contractor, they shall be Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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requested by noon of the next workday after the test results for the sublot have been provided or made available to the Contractor. Core locations shall be outside of wheel paths and as determined by the Engineer. Traffic control shall be provided by the Contractor as requested by the Engineer. Failure by the Contractor to provide the requested traffic control will result in forfeiture of the request for cores.

When the CPF for the lot based on the results of the HMA cores is less than 1.00, the cost for the coring will be deducted from any monies due or that may become due the Contractor under the Contract at the rate of $200 per core and the Contractor shall pay for the cost of the traffic control.

5-04.3(10)A HMA Compaction – General Compaction Requirements Compaction shall take place when the mixture is in the proper condition so that no undue displacement, cracking, or shoving occurs. Areas inaccessible to large compaction equipment shall be compacted by other mechanical means. Any HMA that becomes loose, broken, contaminated, shows an excess or deficiency of asphalt, or is in any way defective, shall be removed and replaced with new hot mix that shall be immediately compacted to conform to the surrounding area.

Separate breakdown and finish rollers are required. The type of rollers to be used and their relative position in the compaction sequence shall generally be the Contractor’s option, provided the specified densities are attained. Unless the Engineer has approved otherwise, rollers shall only be operated in the static mode when the internal temperature of the mix is less than 175°F. Regardless of mix temperature, a roller shall not be operated in a mode that results in checking or cracking of the mat. Rollers shall only be operated in static mode on bridge decks. Approaches shall be compacted with vibratory plates or a small roller if determined necessary by the Engineer.

5-04.3(10)B HMA Compaction - Cyclic Density Low cyclic density areas are defined as spots or streaks in the pavement that are less than 90 percent of the theoretical maximum density. At the Engineer’s discretion, the Engineer may evaluate the HMA pavement for low cyclic density, and when doing so will follow WSDOT SOP 733. A $500 Cyclic Density Price Adjustment will be assessed for any 500-foot section with two or more density readings below 90 percent of the theoretical maximum density.

5-04.3(10)C Vacant 5-04.3(10)D HMA Nonstatistical Compaction 5-04.3(10)D1 HMA Nonstatistical Compaction - Lots and Sublots HMA compaction which is accepted by nonstatistical evaluation will be based on acceptance testing performed by the Contracting Agency dividing the project into compaction lots.

A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance. A lot is defined as the total quantity of material or work produced for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot shall be equal to one day’s production or 400 tons, whichever is less except that the final sublot will be a minimum of 200 tons and may be increased to 800 tons. Testing for compaction will be at the rate of 5 tests per sublot per WSDOT T 738.

The sublot locations within each density lot will be determined by the Engineer. For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request after the Engineer is satisfied that material conforming to the Specifications can be produced.

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HMA mixture accepted by commercial evaluation and HMA constructed under conditions other than those listed above shall be compacted on the basis of a test point evaluation of the compaction train.

The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving.

HMA for preleveling shall be thoroughly compacted. HMA that is used to prelevel wheel ruts shall be compacted with a pneumatic tire roller unless otherwise approved by the Engineer.

5-04.3(10)D2 HMA Compaction Nonstatistical Evaluation – Acceptance Testing The location of the HMA compaction acceptance tests will be randomly selected by the Engineer from within each sublot, with one test per sublot.

5-04.3(10)D3 HMA Nonstatistical Compaction – Price Adjustments For each compaction lot with one or two sublots, having all sublots attain a relative density that is 92 percent of the reference maximum density the HMA shall be accepted at the unit Contract price with no further evaluation. When a sublot does not attain a relative density that is 92 percent of the reference maximum density, the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The maximum CPF shall be 1.00, however, lots with a calculated CPF in excess of 1.00 will be used to offset lots with CPF values below 1.00 but greater than 0.90. Lots with CPF lower than 0.90 will be evaluated for compliance per 5-04.3(11). Additional testing by either a nuclear moisture-density gauge or cores will be completed as required to provide a minimum of three tests for evaluation.

For compaction below the required 92%, a Non-Conforming Compaction Factor (NCCF) will be determined. The NCCF equals the algebraic difference of CPF minus 1.00 multiplied by 40 percent. The Compaction Price Adjustment will be calculated as the product of CPF, the quantity of HMA in the compaction control lot in tons, and the unit Contract price per ton of mix.

5-04.3(11) Reject Work 5-04.3(11)A Reject Work General Work that is defective or does not conform to Contract requirements shall be rejected. The Contractor may propose, in writing, alternatives to removal and replacement of rejected material. Acceptability of such alternative proposals will be determined at the sole discretion of the Engineer. HMA that has been rejected is subject to the requirements in Section 1-06.2(2) and this specification, and the Contractor shall submit a corrective action proposal to the Engineer for approval.

5-04.3(11)B Rejection by Contractor The Contractor may, prior to sampling, elect to remove any defective material and replace it with new material. Any such new material will be sampled, tested, and evaluated for acceptance.

5-04.3(11)C Rejection Without Testing (Mixture or Compaction) The Engineer may, without sampling, reject any batch, load, or section of Roadway that appears defective. Material rejected before placement shall not be incorporated into the pavement. Any rejected section of Roadway shall be removed.

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No payment will be made for the rejected materials or the removal of the materials unless the Contractor requests that the rejected material be tested. If the Contractor elects to have the rejected material tested, a minimum of three representative samples will be obtained and tested. Acceptance of rejected material will be based on conformance with the nonstatistical acceptance Specification. If the CPF for the rejected material is less than 0.75, no payment will be made for the rejected material; in addition, the cost of sampling and testing shall be borne by the Contractor. If the CPF is greater than or equal to 0.75, the cost of sampling and testing will be borne by the Contracting Agency. If the material is rejected before placement and the CPF is greater than or equal to 0.75, compensation for the rejected material will be at a CPF of 0.75. If rejection occurs after placement and the CPF is greater than or equal to 0.75, compensation for the rejected material will be at the calculated CPF with an addition of 25 percent of the unit Contract price added for the cost of removal and disposal.

5-04.3(11)D Rejection - A Partial Sublot In addition to the random acceptance sampling and testing, the Engineer may also isolate from a normal sublot any material that is suspected of being defective in relative density, gradation or asphalt binder content. Such isolated material will not include an original sample location. A minimum of three random samples of the suspect material will be obtained and tested. The material will then be statistically evaluated as an independent lot in accordance with Section 1-06.2(2).

5-04.3(11)E Rejection - An Entire Sublot An entire sublot that is suspected of being defective may be rejected. When a sublot is rejected a minimum of two additional random samples from this sublot will be obtained. These additional samples and the original sublot will be evaluated as an independent lot in accordance with Section 1-06.2(2).

5-04.3(11)F Rejection - A Lot in Progress The Contractor shall shut down operations and shall not resume HMA placement until such time as the Engineer is satisfied that material conforming to the Specifications can be produced: 1.

2.

3.

When the CPF of a lot in progress drops below 1.00 and the Contractor is taking no corrective action, or When the Pay Factor (PF) for any constituent of a lot in progress drops below 0.95 and the Contractor is taking no corrective action, or When either the PF for any constituent or the CPF of a lot in progress is less than 0.75.

5-04.3(11)G Rejection - An Entire Lot (Mixture or Compaction) An entire lot with a CPF of less than 0.75 will be rejected.

5-04.3(12) Joints 5-04.3(12)A HMA Joints 5-04.3(12)A1 Transverse Joints The Contractor shall conduct operations such that the placing of the top or wearing course is a continuous operation or as close to continuous as possible. Unscheduled transverse joints will be allowed, and the roller may pass over the unprotected end of the freshly laid mixture only when the placement of the course must be discontinued for such a length of time that the mixture will cool below compaction temperature. When the Work is resumed, the previously compacted mixture shall be cut Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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back to produce a slightly beveled edge for the full thickness of the course.

A temporary wedge of HMA constructed on a 20H:1V shall be constructed where a transverse joint as a result of paving or planing is open to traffic. The HMA in the temporary wedge shall be separated from the permanent HMA by strips of heavy wrapping paper or other methods approved by the Engineer.

The wrapping paper shall be removed and the joint trimmed to a slightly beveled edge for the full thickness of the course prior to resumption of paving.

The material that is cut away shall be wasted and new mix shall be laid against the cut. Rollers or tamping irons shall be used to seal the joint.

The HMA overlay shall be feathered to produce a smooth riding connection to the existing pavement.

HMA utilized in the construction of the feathered connections shall be modified by eliminating the coarse aggregate from the mix at the Contractor's plant or the commercial source or by raking the joint on the roadway, to the satisfaction of the Engineer.

5-04.3(12)A2 Longitudinal Joints The longitudinal joint in any one course shall be offset from the course immediately below by not more than 6 inches nor less than 2 inches. All longitudinal joints constructed in the wearing course shall be located at a lane line or an edge line of the Traveled Way. A notched wedge joint shall be constructed along all longitudinal joints in the wearing surface of new HMA unless otherwise approved by the Engineer. The notched wedge joint shall have a vertical edge of not less than the maximum aggregate size or more than ½ of the compacted lift thickness and then taper down on a slope not steeper than 4H:1V. The sloped portion of the HMA notched wedge joint shall be uniformly compacted.

5-04.3(12)B Bridge Paving Joint Seals Bridge Paving Joint Seals shall be in accordance with Section 5-03.

5-04.3(13) Surface Smoothness The completed surface of all courses shall be of uniform texture, smooth, uniform as to crown and grade, and free from defects of all kinds. The completed surface of the wearing course shall not vary more than ⅛ inch from the lower edge of a 10-foot straightedge placed on the surface parallel to the centerline. The transverse slope of the completed surface of the wearing course shall vary not more than ¼ inch in 10 feet from the rate of transverse slope shown in the Plans.

When deviations in excess of the above tolerances are found that result from a high place in the HMA, the pavement surface shall be corrected by one of the following methods: 1.

Removal of material from high places by grinding with an approved grinding machine, or

2.

Removal and replacement of the wearing course of HMA, or

3.

By other method approved by the Engineer.

Correction of defects shall be carried out until there are no deviations anywhere greater than the allowable tolerances.

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Deviations in excess of the above tolerances that result from a low place in the HMA and deviations resulting from a high place where corrective action, in the opinion of the Engineer, will not produce satisfactory results will be accepted with a price adjustment. The Engineer shall deduct from monies due or that may become due to the Contractor the sum of $500.00 for each and every section of single traffic lane 100 feet in length in which any excessive deviations described above are found.

When utility appurtenances such as manhole covers and valve boxes are located in the traveled way, the utility appurtenances shall be adjusted to the finished grade prior to paving. This requirement may be waived when requested by the Contractor, at the discretion of the Engineer or when the adjustment details provided in the project plan or specifications call for utility appurtenance adjustments after the completion of paving.

Utility appurtenance adjustment discussions will be included in the Pre-Paving and Pre-Planing Briefing (5-04.3(14)B3). Submit a written request to waive this requirement to the Engineer prior to the start of paving.

5-04.3(14) Planing Bituminous Pavement The planing plan must be approved by the Engineer and a pre-planing meeting must be held prior to the start of any planing. See Section 5-04.3(14)B2 for information on planing submittals.

Where planing an existing pavement is specified in the Contract, the Contractor must remove existing surfacing material and to reshape the surface to remove irregularities. The finished product must be a prepared surface acceptable for receiving an HMA overlay.

Use the cold milling method for planing unless otherwise specified in the Contract. Do not use the planer on the final wearing course of new HMA. Conduct planing operations in a manner that does not tear, break, burn, or otherwise damage the surface which is to remain. The finished planed surface must be slightly grooved or roughened and must be free from gouges, deep grooves, ridges, or other imperfections. The Contractor must repair any damage to the surface by the Contractor’s planing equipment, using an Engineer approved method.

Repair or replace any metal castings and other surface improvements damaged by planing, as determined by the Engineer.

A tapered wedge cut must be planed longitudinally along curb lines sufficient to provide a minimum of 4 inches of curb reveal after placement and compaction of the final wearing course. The dimensions of the wedge must be as shown on the Drawings or as specified by the Engineer.

A tapered wedge cut must also be made at transitions to adjoining pavement surfaces (meet lines) where butt joints are shown on the Drawings. Cut butt joints in a straight line with vertical faces 2 inches or more in height, producing a smooth transition to the existing adjoining pavement.

After planing is complete, planed surfaces must be swept, cleaned, and if required by the Contract, patched and preleveled.

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The Engineer may direct additional depth planing. Before performing this additional depth planing, the Contractor must conduct a hidden metal in pavement detection survey as specified in Section 5-04.3(14)A. 5-04.3(14)A Pre-Planing Metal Detection Check Before starting planing of pavements, and before any additional depth planing required by the Engineer, the Contractor must conduct a physical survey of existing pavement to be planed with equipment that can identify hidden metal objects.

Should such metal be identified, promptly notify the Engineer.

See Section 1-07.16(1) regarding the protection of survey monumentation that may be hidden in pavement.

The Contractor is solely responsible for any damage to equipment resulting from the Contractor’s failure to conduct a pre-planing metal detection survey, or from the Contractor’s failure to notify the Engineer of any hidden metal that is detected.

5-04.3(14)B Paving and Planing Under Traffic 5-04.3(14)B1 General In addition, the requirements of Section 1-07.23 and the traffic controls required in Section 1-10, and unless the Contract specifies otherwise or the Engineer approves, the Contractor must comply with the following: 1.

Intersections: a.

Keep intersections open to traffic at all times, except when paving or planing operations through an intersection requires closure. Such closure must be kept to the minimum time required to place and compact the HMA mixture, or plane as appropriate. For paving, schedule such closure to individual lanes or portions thereof that allows the traffic volumes and schedule of traffic volumes required in the approved traffic control plan.

Schedule work so that adjacent intersections are not impacted at the same time and comply with the traffic control restrictions required by the Traffic Engineer. Each individual intersection closure or partial closure must be addressed in the traffic control plan, which must be submitted to and accepted by the Engineer, see Section 1-10.2(2).

b.

When planing or paving and related construction must occur in an intersection, consider scheduling and sequencing such work into quarters of the intersection, or half or more of an intersection with side street detours. Be prepared to sequence the work to individual lanes or portions thereof.

c.

Should closure of the intersection in its entirety be necessary, and no trolley service is impacted, keep such closure to the minimum time required to place and compact the HMA mixture, plane, remove asphalt, tack coat, and as needed.

d.

Any work in an intersection requires advance warning in both signage and a number of Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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Working Days advance notice as determined by the Engineer, to alert traffic and emergency services of the intersection closure or partial closure. e.

Allow new compacted HMA asphalt to cool to ambient temperature before any traffic is allowed on it. Traffic is not allowed on newly placed asphalt until approval has been obtained from the Engineer.

2.

Temporary centerline marking, post-paving temporary marking, temporary stop bars, and maintaining temporary pavement marking must comply with Section 8-23.

3.

Permanent pavement marking must comply with Section 8-22.

5-04.3(14)B2 Submittals - Planing Plan and HMA Paving Plan The Contractor must submit a separate planing plan and a separate paving plan to the Engineer at least 5 Working Days in advance of each operation’s activity start date. These plans must show how the moving operation and traffic control are coordinated, as they will be discussed at the pre-planing briefing and pre-paving briefing. When requested by the Engineer, the Contractor must provide each operation’s traffic control plan on 24 x 36 inch or larger size Shop Drawings with a scale showing both the area of operation and sufficient detail of traffic beyond the area of operation where detour traffic may be required. The scale on the Shop Drawings is 1 inch = 20 feet, which may be changed if the Engineer agrees sufficient detail is shown.

The planing operation and the paving operation include, but are not limited to, metal detection, removal of asphalt and temporary asphalt of any kind, tack coat and drying, staging of supply trucks, paving trains, rolling, scheduling, and as may be discussed at the briefing.

When intersections will be partially or totally blocked, provide adequately sized and noticeable signage alerting traffic of closures to come, a minimum 2 Working Days in advance. The traffic control plan must show where police officers will be stationed when signalization is or may be, countermanded, and show areas where flaggers are proposed.

At a minimum, the planing and the paving plan must include: 1.

A copy of the accepted traffic control plan, see Section 1-10.2(2), detailing each day’s traffic control as it relates to the specific requirements of that day’s planing and paving. Briefly describe the sequencing of traffic control consistent with the proposed planing and paving sequence, and scheduling of placement of temporary pavement markings and channelizing devices after each day’s planing, and paving.

2.

A copy of each intersection’s traffic control plan.

3.

Haul routes from supplier facilities, and locations of temporary parking and staging areas, including return routes. Describe the complete round trip as it relates to the sequencing of paving operations.

4.

Names and locations of HMA supplier facilities to be used.

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5.

List of all equipment to be used for paving.

6.

List of personnel and associated job classification assigned to each piece of paving equipment.

7.

Description (geometric or narrative) of the scheduled sequence of planing and of paving and intended area of planing and of paving for each day’s work, must include the directions of proposed planing and of proposed paving, sequence of adjacent lane paving, sequence of skipped lane paving, intersection planing and paving scheduling and sequencing, and proposed notifications and coordinations to be timely made. The plan must show HMA joints relative to the final pavement marking lane lines.

8.

Names, job titles, and contact information for field, office, and plant supervisory personnel.

9.

A copy of the approved Mix Designs.

10. Tonnage of HMA to be placed each day.

11. Approximate times and days for starting and ending daily operations.

5-04.3(14)B3 Pre-Paving and Pre-Planing Briefing At least 2 Working Days before the first paving operation and the first planing operation, or as scheduled by the Engineer for future paving and planing operations to ensure the Contractor has adequately prepared for notifying and coordinating as required in the Contract, the Contractor must be prepared to discuss that day’s operations as they relate to other entities and to public safety and convenience, including driveway and business access, garbage truck operations, transit operations and working around energized overhead wires, school and nursing home and hospital and other accesses, other Contractors who may be operating in the area, pedestrian and bicycle traffic, and emergency services.

The Contractor, and Subcontractors that may be part of that day’s operations, must meet with the Engineer and discuss the proposed operation as it relates to the submitted planing plan and paving plan, approved traffic control plan, and public convenience and safety. Such discussion includes, but is not limited to: 1.

General for both the Paving and Planing: a.

The actual times of starting and ending daily operations.

b.

In intersections, how to break up the intersection, and address traffic control and signalization for that operation, including use of peace officers.

c.

The sequencing and scheduling of paving operations and of planing operations, as applicable, as it relates to traffic control, public convenience and safety, and other Contractors who may operate in the Project limits.

d.

Notifications required of Contractor activities and coordinating with other entities and the public as necessary. This includes notification of the public of areas where parking will be prohibited during planing or paving operations, including any necessary “TEMPORARY NO Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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PARKING” signs.

2.

e.

Description of the sequencing of installation and types of temporary pavement markings as it relates to planning and paving.

f.

Description of the sequencing of installation of, and the removal of, temporary pavement patch material around exposed castings and as may be needed.

g.

Description of procedures and equipment to identify hidden metal in the pavement, such as survey monumentation, monitoring wells, streetcar rail, and castings, before planing as per Section 5-04.3(14)B2.

h.

Description of how flaggers will be coordinated with the planing, paving, and related operations.

i.

Description of sequencing of traffic controls for the process of rigid pavement base repairs.

j.

Other items the Engineer deems necessary to address.

Paving – additional topics: a.

When to start applying tack and coordinating with paving.

b.

Types of equipment and numbers of each type of equipment to be used. If more pieces of equipment than personnel are proposed, describe the sequencing of the personnel operating the types of equipment. Discuss the continuance of operator personnel for each type of equipment as it relates to meeting Specification requirements.

c.

Number of JMFs to be placed, and if more than one JMF is used, how the Contractor will ensure different JMFs are distinguished, how pavers and how MTVs are distinguished, and how pavers and MTVs are cleaned so that one JMF does not adversely influence the other JMF.

d.

Description of contingency plans for that day’s operations such as equipment breakdown, rain out, and supplier shutdown of operations.

e.

Number of sublots to be placed, sequencing of density testing, and other sampling and testing.

5-04.3(15) Sealing Pavement Surfaces Apply a fog seal where shown in the plans. Construct the fog seal in accordance with Section 5-02.3.

Unless otherwise approved by the Engineer, apply the fog seal prior to opening to traffic.

5-04.3(16) HMA Road Approaches Construct HMA approaches at the locations shown in the Plans or where staked by the Engineer, in Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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accordance with Section 5-04.

5-04.3(17) Protection of Monuments Monuments that are within cases shall be adjusted as described in the Special Provisions for the bid item Adjusting Valve Boxes/Monument Cases. In areas where pavement planing will occur, the planing shall come to within 0.5 feet of the monument. If the monument has no case, it shall be protected and covered as necessary throughout the planing and paving operations. The new pavement shall match the grade of the existing pavement surface surrounding the monument.

In locations where pavement planing will not occur and survey monuments have no existing casing, the Contractor shall cover the monument with material that will protect the monument from damage. The Contractor shall pave over the protected monument, leaving a 3-inch diameter hole in the paving mat centered over the monument. After paving operations are complete, the Contractor shall coat the sides of the hole and underlying pavement with tack coat. No tack coat shall cover the monument itself.

5-04.4 Measurement HMA Cl. 3/8” PG 58H-22, will be measured by the ton in accordance with Section 1-09.2, with no deduction being made for the weight of asphalt binder, mineral filler, or any other component of the mixture. If the Contractor elects to remove and replace mix as allowed by Section 5-04.3(11), the material removed will not be measured.

No specific unit of measurement will apply to the calculated item of asphalt cost price adjustment.

5-04.5 Payment Payment will be made for each of the following Bid items that are included in the Proposal: “HMA Cl. 3/8” PG 58H-22”, per ton.

The unit Contract price per ton for “HMA Cl. 3/8” PG 58H-22”, shall be full compensation for all costs, including anti-stripping additive, incurred to carry out the requirements of Section 5-04 except for those costs included in other items which are included in this Subsection and which are included in the Proposal. The cost of asphalt for tack coat, preparation of existing surfaces, protection of monuments, temporary striping and removal of existing buttons and all other costs in connection with performing the work in accordance with these requirements shall be included in the unit cost for the HMA bid item of this contract.

BID ITEM 12: DUCTILE IRON PIPE FOR WATER MAIN 8 IN DIAM These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-09. Any CDF encasement for utility crossings shall be included in this bid item.

BID ITEM 13: CONNECTION TO EXISTING MAIN These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-09.

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BID ITEM 14: ABANDONMENT OF TERMINATED WATER FACILITIES These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-09.

BID ITEM 15: TRENCH EXCAVATION SAFETY SYSTEM These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-09.

BID ITEM 16: GATE VALVE 8 IN DIAM These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-12.

BID ITEM 17: AIR RELEASE/AIR VACUUM VALVE ASSEMBLY These bid items shall be accomplished in accordance with Plans and Standard Specifications Section 7-12.

BID ITEM 18: HYDRANT ASSEMBLY These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-14. Except the hydrant spool (pipe connecting the hydrant to the main) shall be included in the hydrant assembly unit cost.

BID ITEM 19: SERVICE CONNECTION These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 7-15. Except the service connection shall include abandonment and/or reconnection to existing service lines as identified.

BID ITEM 20: EROSION/WATER POLLUTION PREVENTION These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 8-01.

BID ITEM 21: SEEDING, FERTILIZING, AND MULCHING These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 8-02, except as modified below: 8-02.3 Construction Requirements 8-02.3(9)B Seeding, Fertilizing and Mulching (Use on projects within WSDOT R/W) Section 8-02.3(9)B is supplemented with the following: Seed Mix: Grass seed, of the following composition, proportion, and quality shall be applied at the rate of **80** pounds of pure live seed per acre on all areas requiring permanent seeding within the project Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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limits.

Kind and Variety of Seed in Mixture

Pounds Pure Live Seed (PLS) Per Acre

Deschampsia elongata Slender Hairgrass

0.32

Elymus glaucus Blue Wildrye

34.43

Festuca idahonesis Idaho Fescue

5.61

Festuca ovina Sheep Fescue

0.93

Hordeum brachyantherum Meadow Barley

29.71

Koeler cristata Prairie Junegrass

0.27

Lolium multiflorum Annual Ryegrass

8.73

Total Pounds PLS Per Acre

80.00

Seeds shall be certified “Weed Free”, indicating there are not noxious or nuisance weeds in the seed.

Fertilizing Sufficient quantities of fertilizer shall be applied to supply the following amounts of nutrients: • •

Total Nitrogen as N - 135 pounds per acre.

Available Phosphoric Acid as P2O5 - 60 pounds per acre.

•

Soluble Potash as K2O - 60 pounds per acre.

90 pounds of nitrogen applied per acre shall be derived from isobutylidene diurea (IBDU), cyclo-di-urea (CDU), or a time release, polyurethane coated source with a minimum release time of 6 months. The remainder may be derived from any source.

The fertilizer formulation and application rate shall be approved by the Engineer before use.

Mulching Wood Cellulose Fiber mulch shall be hydraulically applied at a rate of 2,000 pounds per acre to produce Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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100% soil coverage.

BID ITEM 22: BEAM GUARDRAIL TYPE 1 These bid items shall be accomplished in accordance with the Plans and Standard Specification Section 8-11, except as modified below.

8-11 GUARDRAIL 8-11.2 Materials Add the following to Section 8-11.2: (*******) Beam Guardrail Flared and Non-Flared Terminals shall be listed on the WSDOT Qualified Product List.

Terminals shall have a TL-2 rating when so specified on the Plans. Otherwise, TL-2 terminals will not be allowed.

8-11.3(1)D) Removing Guardrail and Guardrail Anchor Add the following to Section 8-11.3(1)D: (*******) All guardrail and associated posts, anchors, and terminal sections, as determined salvageable by the Engineer, shall be removed by the Contractor and delivered to the Cowlitz County Central Shop located at **2215 Talley Way, Kelso, Washington 98626 . All guardrail determined to be non-salvageable by the Engineer shall become property of the Contractor to be disposed of off-site in accordance with Section 2-03.3(7)C. 8-11.4 Measurement Delete paragraph one of Section 8-11.4, which begins, “Measurement of beam guardrail...” and replace with the following: (*******) Measurement of beam guardrail and beam guardrail with long posts will be by the linear foot measured along the line of completed guardrail from end to end including Design F end sections for connection to concrete barrier, but excluding transition and terminal sections as are covered by other bid items of this contract.

Delete paragraph six of Section 8-11.4, which begins, “Measurement of removal of guardrail will be...” and replace with the following: (*******) Measurement of removal of guardrail will be by the linear foot measured along the line of guardrail removed including transition sections, expansion sections, guardrail anchors, and terminal sections.

Add the following to paragraph seven of Section 8-11.4, which begins, “Measurement of removal of guardrail anchors will be...”: Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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(*******) Guardrail anchors that are within the limits of removal of guardrail will not be measured, as they are included in the bid item for removal of guardrail.

8-11.5 Payment (*******) Delete the fifth sentence of the first paragraph of Section 8-11.5, which begins, “The unit contract price per linear foot...” and replace with the following: The unit contract price per linear foot for “Beam Guardrail Type__1__”, shall include all CRT posts and installation of the guardrail to the posts as specified and indicated on the plans. (*******)

BID ITEM 23: PRESSURE REDUCING VALVE STATION This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Lump sum price shown shall cover the complete cost of providing all work and equipment necessary to construct the PRV Station and vault as identified on the plans, details and specifications at the intersection of SR 504 and Tower Road.

BID ITEM 24: PUMP STATION SITE WORK This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Lump sum price shown shall cover the complete cost of providing all site work relating to construction of improvements as shown on the Plans and specified herein. Work includes, but is not limited to: pump station structure excavation, backfill, and compaction; site grading and gravel restoration; temporary construction fencing; temporary erosion and sedimentation control; check valve, vault, site piping, connection to existing system; disposal of excess material; control of water; landscaping; trenching; excavation; removal of unsuitable materials; select bedding; backfill; appurtenances; dewatering; restoration for underground utilities; bollards, 18” storm pipe and all other work necessary for a complete installation of all site work and underground utilities.

BID ITEM 25: PUMP STATION MECHANICAL This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Lump sum price shown shall cover the complete cost of providing all labor, materials, and equipment necessary for the mechanical work shown on the Juanita Way BPS Plans, and detailed in the contract specifications, including all mechanical work (including pipe, gate valves, check valves, fittings, sump pump) and equipment not listed in the other bid items.

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BID ITEM 26: PUMP STATION ELECTRICAL This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

The lump sum price shown shall cover the complete cost of providing all labor, materials, and equipment necessary for the electrical work shown on the Plans and detailed in the contract specifications.

BID ITEM 27: PUMP STATION AUTOMATIC CONTROL This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Lump sum price shown shall cover the complete cost of providing all labor, materials, and equipment necessary for the automatic control system as shown on the Plans and detailed in the contract specifications.

BID ITEM 28: PUMP STATION TESTING, STARTUP AND TRAINING This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Lump sum price shown shall cover the complete cost of providing all labor and materials necessary for testing and startup of the project as shown on the Plans and detailed in the contract specifications.

Payment shall be lump sum. Partial payment of up to 50 percent of the total bid item cost is allowed no earlier than first Contractor initiated testing date. Final 50 percent of payment shall not be paid until testing of the station is complete, and the pump station is completely operational, and staff trained as determined by the Owner and Engineer. Minimum cost for this bid item shall be $5,000.

BID ITEM 29: WATER LINE SPECIAL CONSTRUCTION STA 11+75 TO STA 16+25 This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Unit price shown shall cover the complete cost of providing all labor and materials necessary for installation of the 8-inch water line between Sta 11+75 to Sta 16+25 in accordance with the Plans and Standard Specifications Section 7-09. Contractor shall use special construction methods within this area to protect existing tree roots over 3-inches in diameter. This may include hand digging, water jetting, use of smaller excavation equipment, trenchless construction, boring, or similar installation methods. Payment shall be unit price per lineal feet of pipe installed and tested.

BID ITEM 30: WATER LINE CONSTRUCTION STA 16+68 TO 18+18 This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Unit price shown shall cover the complete cost of providing all labor and materials necessary Special Provisions Tower Road Water Main and Juanita Way Booster Pump Station Project 2951

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for installation of the 8-inch water line between Sta 16+68 to Sta 18+18 in accordance with the Plans and Standard Specifications Section 7-09. Unit price shall include existing utility line coordination, utility potholing, existing utility pipe support as necessary, CDF, HDPE pipe casing, backfill, pipe bedding, HDPE pipe, HDPE fittings, and restoration. Contractor shall use special construction methods within this area to protect existing utilities as required. This may include hand digging, use of smaller excavation equipment, trenchless construction, boring, or similar installation methods. Payment shall be unit price per lineal feet of pipe installed and tested.

BID ITEM 31 – UTILITY CONFLICT RELOCATION This bid item shall be accomplished in accordance with the plans and specifications and the Technical Specifications (Tech Specs).

Payments for changes amounting to $50,000 or less when resolving utility conflicts other than those shown in the Plans may be made under the this bid item. At the Owner’s discretion, additional work or payments may be authorized to resolve utility conflicts encountered during the construction of improvements. Monies in this bid item may be used to cover the cost to resolve said conditions. At the discretion of the Owner, the procedure for Minor Changes may be used in lieu of the more formal procedure as outlined General Conditions.

Payments will be determined in accordance with Section 1-09.4. For the purpose of providing a common Proposal for all Bidders, the Contracting Agency has entered an amount for this item in the Proposal to become a part of the Bid by the Contractor.

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PREVAILING MINIMUM HOURLY WAGE RATES

Prevailing Minimum Hourly Wage Rates Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

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APPENDICES The following appendices are hereby provided and are made a part of the Contract Documents. The Contractor shall perform all work in accordance with the plans and specifications subject to the requirements and conditions contained within the Appendices.

Appendix A – Technical Specifications Appendix B _ Construction Plans Appendix C – Permit Application Appendix D – WSDOT Boundary and Topographic Surveys

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APPENDIX A

Technical Specifications

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Technical Specifications DIVISION 1 GENERAL ....................................................................................................... 1-1 1.10 General ..............................................................................................................................1-1 1.10.16 Definitions ................................................................................................................1-1 1.11.00 Summary of Work ....................................................................................................1-1 1.11.02 Reuse of Documents .................................................................................................1-1 1.11.03 Electronic Data .........................................................................................................1-2 1.13 Permits and Licenses .....................................................................................................1-2 1.14 Work Restrictions ..........................................................................................................1-3 1.14.19 Use of Site.................................................................................................................1-3 1.20 PRICE AND PAYMENT PROCEDURES ............................................................................................1-3 1.21.29 Quantity Allowances ................................................................................................1-3 1.21.55 Cost Increases for Materials .....................................................................................1-4 1.25.00 Substitution Procedures ...........................................................................................1-4 1.25.13.10 Substitutions Prior to Bid Opening ......................................................................1-5 1.25.13.15 Substitutions After Contract Execution ...............................................................1-5 1.30 ADMINISTRATIVE ....................................................................................................................1-5 1.31 Project Management and Coordination .......................................................................1-5 1.31.01 Contractor’s Responsibility .......................................................................................1-5 1.31.19 Progress Meetings ....................................................................................................1-6 1.32.13 Scheduling of Work ..................................................................................................1-7 1.32.16 Construction Progress Schedule ...............................................................................1-7 1.32.29 Periodic Work Observation ......................................................................................1-7 1.33 Submittals......................................................................................................................1-7 1.33.23 Shop Drawings, Product Data, and Samples ............................................................1-8 1.40 QUALITY REQUIREMENTS .........................................................................................................1-9 1.42.19 Reference Standards ..............................................................................................1-10 1.43.20 Warranty ................................................................................................................1-10 1.45.16 Field Quality Control Procedures ............................................................................1-11 1.50 TEMPORARY FACILITIES AND CONTROLS ....................................................................................1-11 1.51 Temporary Utilities ......................................................................................................1-11 1.51.36 Temporary Domestic Water System ......................................................................1-11 1.52.00 Construction Facilities ............................................................................................1-12 1.52.20 Locks and Keys........................................................................................................1-12 1.54 Construction Aids ........................................................................................................1-12 1.55.26 Traffic Control ........................................................................................................1-12 1.60 PRODUCT REQUIREMENTS .....................................................................................................1-13 1.61.31 Integrated (or Package) Products ..........................................................................1-13 1.70 EXECUTION AND CLOSEOUT REQUIREMENTS ..............................................................................1-13

1.71 Examination and Preparation .....................................................................................1-13 1.71.23.16 Construction Surveying .....................................................................................1-13 1.74 Cleaning and Waste Management .............................................................................1-13 1.74.13 Progress Cleaning ...................................................................................................1-14 1.74.23 Final Cleaning .........................................................................................................1-14 1.75 Starting and Adjusting ................................................................................................1-14 1.75.16 Startup Procedures .................................................................................................1-14 1.75.16.10 Startup...............................................................................................................1-14 1.75.16.12 Startup and Testing Coordination .....................................................................1-15 1.75.16.20 Testing ...............................................................................................................1-16 1.75.16.22 Scheduling of Owner Review for Testing...........................................................1-16 1.75.16.32 Pump Testing.....................................................................................................1-17 1.75.16.40 Electrical and Control Systems Testing .............................................................1-17 1.78 Closeout Submittals .....................................................................................................1-17 1.78.23 Operation and Maintenance Data .........................................................................1-18 1.79 Demonstration and Training .......................................................................................1-19 1.79.10 Training ..................................................................................................................1-19 1.80 PERFORMANCE REQUIREMENTS ..............................................................................................1-20 1.81 Facility Performance Requirements ............................................................................1-20 DIVISION 2 SITEWORK ......................................................................................................... 2-1 2.00 GENERAL ..............................................................................................................................2-1 2.05 Common Work for Exterior Improvements ...................................................................2-1 2.08 Special Inspections for Earth Work ...............................................................................2-1 2.10 SITE PREPARATION .................................................................................................................2-2 2.10.2 Clearing and Grubbing ...............................................................................................2-2 2.11 Earthwork Materials .....................................................................................................2-3 2.11.2 General Fill .................................................................................................................2-3 2.11.3 Structural Fill ..............................................................................................................2-3 2.11.6 Gravel Backfill for Drains ............................................................................................2-4 2.11.7 Gravel Base Course.....................................................................................................2-5 2.11.8 Gravel Top Course ......................................................................................................2-5 2.11.11 Pea Gravel ................................................................................................................2-5 2.11.20 Geotextile Fabric ......................................................................................................2-6 2.12 Road Surfacing ..............................................................................................................2-6 2.12.2 Cement Concrete Pavement .......................................................................................2-7 2.12.10 Pavement Marking/Striping .....................................................................................2-7 2.20 EARTH MOVING .....................................................................................................................2-8 2.23 Excavation .....................................................................................................................2-8 2.25.3 Temporary Erosion and Sedimentation Control .........................................................2-8 2.25.5 Filter Fabric Fence ......................................................................................................2-9

2.30 SITE IMPROVEMENTS ............................................................................................................2-10 2.31 Fencing and Gates .......................................................................................................2-10 2.31.1 Common Work for Fencing ......................................................................................2-10 2.31.2 Temporary Construction Security Fence ..................................................................2-11 2.50 EXCAVATION SUPPORT AND PROTECTION ..................................................................................2-11 2.90.11 Hydroseed ..............................................................................................................2-11 DIVISION 3 CONCRETE ......................................................................................................... 3-1 3.00 General .............................................................................................................................3-1 3.05 Common Work for Concrete .........................................................................................3-1 3.31 Structural Concrete .......................................................................................................3-3 3.31.30 Thrust Blocks, Driveways, Curb, Gutter, Sidewalks, Equipment Pads, and Fence Posts ..............................................................................................................................................3-4 3.40 Pre-Cast Concrete .........................................................................................................3-4 3.48 Pre-Cast Concrete Specialties .......................................................................................3-4 3.48.50 Utility Structures ......................................................................................................3-4 DIVISION 8 OPENINGS ......................................................................................................... 8-1 8.00 GENERAL ..............................................................................................................................8-1 8.05 Common Work for Openings .........................................................................................8-1 8.30 SPECIALTY DOORS ..................................................................................................................8-1 8.31 Access Doors and Panels ...............................................................................................8-1 8.31.20 Vault Hatches ...........................................................................................................8-1 DIVISION 11 EQUIPMENT .................................................................................................. 11-1 11.00 GENERAL ..........................................................................................................................11-1 11.05 Common Work for Equipment ..................................................................................11-1 11.1.1 Scope of Work ..........................................................................................................11-1 11.1.2 Manufacturer Qualifications ....................................................................................11-3 11.1.3 Reference Standards ................................................................................................11-4 11.2.0 Pumps and Motors ...................................................................................................11-5 11.2.1 Mechanical System ..................................................................................................11-5 11.2.2 Pump Station Enclosure ...........................................................................................11-7 11.2.3 Valves .......................................................................................................................11-7 11.2.4 Instrumentation .......................................................................................................11-8 11.2.5 Motor Control Panel .................................................................................................11-8 11.2.6 Pump System Controller .........................................................................................11-11 11.12.10 Sump Pump ........................................................................................................11-16 DIVISION 15 MECHANICAL ................................................................................................ 15-1 15.00 GENERAL ..........................................................................................................................15-1 15.05 Common Work for Mechanical .................................................................................15-1

15.10 BURIED PIPE INSTALLATION ..................................................................................................15-2 15.11 Open Trench Pipe Installation ...................................................................................15-3 15.11.11 Pressure Pipe Installation .....................................................................................15-4 15.11.50 Trench Patching....................................................................................................15-5 15.13 Above Grade Mechanical Installation .......................................................................15-6 15.13.02 Exposed Piping Installation ..................................................................................15-6 15.18 Buried Piping Inspection and Testing ........................................................................15-7 15.18.02 Buried Pressure Pipe Inspection and Testing .......................................................15-8 15.18.03 Valve Testing ......................................................................................................15-10 15.20 PIPE AND FITTINGS ...........................................................................................................15-11 15.21 Common Work for Pipe and Fittings .......................................................................15-11 15.21.03 Pipe for Casings ..................................................................................................15-12 15.22 Metal Pipe and Fittings ...........................................................................................15-13 15.22.02 Ductile Iron Pipe and Fittings .............................................................................15-13 15.22.04 Stainless Steel Pipe and Fittings .........................................................................15-14 15.22.07 Corrugated Metal Pipe .......................................................................................15-15 15.22.08 Brass/Bronze Pipe and Fittings ..........................................................................15-16 15.22.09 Ductile Iron True Restrained Joint Pipe and Fittings ..........................................15-16 15.23 NON-METAL PIPE AND FITTINGS ...........................................................................................15-18 15.23.02 High Desnity Polyethylene (HDPE) Pipe and Fittings .........................................15-18 15.30 VALVES ..........................................................................................................................15-21 15.31 Common Work for Valves .......................................................................................15-21 15.32 Isolation Valves .......................................................................................................15-22 15.32.02 Resilient Wedge (Seat) Gate Valves ...................................................................15-22 15.32.03 Butterfly Valves Class 150 ..................................................................................15-23 15.32.07 Gate Valves – Small Diameter ............................................................................15-24 15.33 Check Valves ............................................................................................................15-24 15.33.02 Swing Check Valves ............................................................................................15-24 15.34 Pilot-Operated Control Valves .................................................................................15-25 15.34.01 Common Work for Pilot-Operated Control Valves ............................................15-25 15.34.40 Pressure Reducing Valves – Pilot-Operated Control ..........................................15-26 15.35 Air Valves .................................................................................................................15-27 15.35.02 Air Valves – Clean Water ....................................................................................15-27 15.35.02.01 Combination Air and Vacuum Valves – Clean Water ....................................15-27 15.35.02.02 Air Release Valve – Clean Water ...................................................................15-27 15.40.03 Pipe, Valve, and Conduit Supports .....................................................................15-28 15.40.08 Valve Box – Cast Iron..........................................................................................15-30 15.40.09 Valve Box with Integral Valve Stem Extension ...................................................15-30 15.40.11 Joint Restraints – Wedge Style ...........................................................................15-31 15.50 FLOW METERS ................................................................................................................15-33

15.50.05 Common Work for Flow Meters .........................................................................15-33 15.51 Flow Meter Readout Head ......................................................................................15-34 15.51.04 Digital Read Head ..............................................................................................15-34 Flow Meters.......................................................................................................................15-34 15.53.03 Electromagnetic Flow Meters ............................................................................15-34 15.60 PRESSURE MEASUREMENT .................................................................................................15-35 15.60.01 Common Work for Pressure Measurement .......................................................15-35 15.61 Pressure Gauges ......................................................................................................15-36 DIVISION 16 ELECTRICAL ................................................................................................... 16-1 16.00 GENERAL ..........................................................................................................................16-1 16.05 Common Work for Electrical .....................................................................................16-1 16.10 ELECTRICAL SITE WORK .......................................................................................................16-6 16.10.1 Common Work for Electrical Site Work..................................................................16-6 16.10.2 Underground Marking Tape (Detectable Type) .....................................................16-7 16.15 Grounding and Bonding for Electrical Systems .........................................................16-8 16.20 UTILITY SERVICE .................................................................................................................16-9 16.21 Electrical Service ........................................................................................................16-9 16.21.2 Electrical Utility Meter Enclosure .........................................................................16-11 16.21.4 Circuit Breaker Service Disconnect Switch ...........................................................16-11 16.21.6 Manual Transfer Switch .......................................................................................16-12 16.30 BASIC PANEL EQUIPMENT AND DEVICES....................................................................16-13 16.31 Operating and Indicating Devices ...........................................................................16-13 16.35 Control Panel Accessories........................................................................................16-13 16.35.1 Terminal Blocks ....................................................................................................16-13 16.35.2 Nameplates ..........................................................................................................16-13 16.50 PANELBOARDS .................................................................................................................16-14 16.55 Switches and Protective Devices .............................................................................16-14 16.55.1 Common Work for Switches and Protective Devices ...........................................16-14 16.55.16 Molded Case Circuit Breakers ............................................................................16-15 16.55.18 Disconnect Switches ...........................................................................................16-15 16.60 CONDUCTORS ..................................................................................................................16-16 16.61 Low Voltage Wire and Cable ...................................................................................16-16 16.63 Signal Cable .............................................................................................................16-18 16.70 RACEWAYS, BOXES, AND FITTINGS .......................................................................................16-19 16.71 Raceways.................................................................................................................16-19 16.72 Boxes and Enclosures ..............................................................................................16-22 16.75.2 Receptacles ..........................................................................................................16-22 16.95 Testing .....................................................................................................................16-23 16.95.1 Common Work for Testing ...................................................................................16-23 16.95.3 Conductor Test Report .........................................................................................16-25

16.95.4 Ground Electrode Resistance Test Report ............................................................16-27 DIVISION 17 AUTOMATIC CONTROL .................................................................................. 17-1 17.00 GENERAL ..........................................................................................................................17-1 17.05 Common Work for Automatic Control ......................................................................17-1 17.06 Control System Integrator .........................................................................................17-5 17.08 System Description ....................................................................................................17-7 17.10 PANELS ............................................................................................................................17-8 17.12 Equipment Panels ......................................................................................................17-9 17.20 PANEL COMPONENTS ..........................................................................................................17-9 17.22 Wire and Cable ........................................................................................................17-10 17.22.2 Wiring ...................................................................................................................17-10 17.22.3 Cables ...................................................................................................................17-10 17.40 REMOTE COMMUNICATION DEVICES....................................................................................17-10 17.41 Remote Communications Systems ..........................................................................17-10 17.90 TESTING, STARTUP, AND TRAINING ......................................................................................17-11 17.90.1 Common Work for Testing, Startup, and Training ...............................................17-11 17.91 Tests and Inspections ..............................................................................................17-12 17.92 Startup .....................................................................................................................17-13 17.93 Training ...................................................................................................................17-14 17.94 Documentation........................................................................................................17-15 17.94.2 Operations and Maintenance Manuals ...............................................................17-15 DIVISION 18 MEASUREMENT AND PAYMENT .................................................................... 18-1 18.0 GENERAL ............................................................................................................................18-1 Bid Item 23 – PRV Station....................................................................................................18-1 Bid Item 24 – Pump Station Site Work ................................................................................18-1 Bid Item 25 – Pump Station Mechanical .............................................................................18-1 Bid Item 26 - Pump Station Electrical ..................................................................................18-1 Bid Item 27 - Pump Station Automatic Control ...................................................................18-2 Bid Item 28 - Pump Station Testing, Startup and Training .................................................18-2 Bid Item 29 – Water Line Special Construction STA 11+75 to STA 16+25 ...........................18-2 Bid Item 30 – Water Line Construction STA 16+68 to 18+18 ..............................................18-2 Bid Item 31 – Utility Conflict Relocation .............................................................................18-3

Appendix B

Construction Plans

Appendices Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 101

Appendix C

WSDOT Permit Application

Appendices Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 102

Appendix D

Boundary and Topographic Surveys

Appendices Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 103

ATTENTION PROPERTY OWNERS AND CONTRACTORS CALL BEFORE YOU DIG 1-800-424-5555

The Cowlitz County Utility Coordination Council is comprised of local utilities whose common purpose is to help prevent accidents and damages to their underground facilities. ONE TELEPHONE CALL, 1-800-424-5555, two (2) working days prior to digging will relay a message to these utilities. On the next page is a listing of utilities and entities belonging to the Council.

Forty-eight (48) hours’ notice (excluding weekends and holidays) is requested to permit our locators to mark our facilities for you. ONE CALL answering service is available twenty-four (24) hours a day, seven (7) days a week. All calls are recorded. (EMERGENCY LINE LOCATES ARE AVAILABLE AT ALL TIMES).

RCW 19.122.010, Washington Laws, 1988, Chapter 99 on Underground Utilities states that utilities shall be assigned “...responsibilities for locating and keeping accurate records of utility locations, protecting and repairing damage to existing underground facilities, and protecting the public health and safety from interruption in utility services caused by damage to existing underground utility facilities.”

Callers are asked to use white paint to show their proposed path of excavation. Each locator uses a different color paint to show their underground facility (see reverse page). Digging should be done by hand 18” on either side of marking until utility is visible, before using other equipment.

PLAN FOR SAFETY – CALL BEFORE YOU DIG LOCATING SERVICES ARE FREE

Thank you,

Cowlitz County Utility Coordination Council

Call Before You Dig Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 104

THE FOLLOWING LOCAL UTILITIES, ENTITIES AND OTHERS FORM THE COWLITZ COUNTY UTILITY COORDINATION COUNCIL: COLOR CODE POWER

P.U.D. OF COWLITZ COUNTY

RED

GAS

CASCADE NATURAL GAS NORTHWEST PIPELINE CORPORATION OLYMPIC PIPE LINE COMPANY

YELLOW

TELEPHONE

AT&T GENERAL TELEPHONE KALAMA TELEPHONE U.S. SPRINT COMMUNICATIONS CENTURY LINK VERIZON COMMUNICATIONS FRONTIER CASCADE NETWORKS

ORANGE

WATER

BEACON HILL SEWER DISTRICT CITY OF CASTLE ROCK CITY OF KALAMA CITY OF KELSO CITY OF LONGVIEW CITY OF WOODLAND COWLITZ COUNTY PUBLIC WORKS P.U.D. OF COWLITZ COUNTY

BLUE

SEWER

BEACON HILL SEWER DISTRICT CITY OF CASTLE ROCK CITY OF KALAMA CITY OF KELSO CITY OF LONGVIEW CITY OF WOODLAND COWLITZ COUNTY PUBLIC WORKS (includes leachate pipeline)

GREEN

T.V. CABLE

COMCAST

ORANGE

WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (OTHER UTILITIES MAY JOIN IN THE FUTURE – PLEASE ASK THE OPERATOR)

REPORT ALL EMERGENCIES TO “911”. All other damages should be reported directly to the utilities involved.

Nicks in insulation of gas, power or telephone should be reported to utilities promptly, as failure later can cause serious injuries or damages.

Call Before You Dig Tower Road Water Main and Juanita Way Booster Pump Station Project No. 2951

Page 105

END OF CONTRACT

AS-14005 BOCC Agenda Meeting Date: 02/18/2025

6.

Information Agenda Presenting Surety Bond resolution for 2025 upates

Attachments Surety Bond resolution 2025 Form Review Form Started By: Shelley Pierce

Started On: 02/05/2025 12:42 PM

BEFORE THE BOARD OF COUNTY COMMISSIONERS, COWLITZ COUNTY, WASHINGTON In the Matter of Approving Surety Bonds For the Calendar year 2025 )

) RESOLUTION NO.

WHEREAS, Every county official before he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office as stipulated in RCW 36.16.050.

WHEREAS, Public official surety bonds, or "official bonds," help protect local governments against financial losses in case of misconduct by their officials or employees, such as fraud, embezzlement, theft, or forgery. These bonds are to protect public funds.

WHEREAS, The board shall require what other employees shall be required to give a surety bond and the amount of bond required from each.

WHEREAS, The premium for bonds given by such surety insurers for appointive or elective public officers and for such of their deputies or employees as are required to give bond shall be paid by the state, political subdivision, or public body so served as stipulated in RCW 48.28.040

HEREAS, the positions covered and amounts of each bond will be as stated herein as; Assessor- $100,000 Auditor - $50,000 Clerk-$150,000 Coroner- $5000 County Commissioners- 3 each - $40,000 each

District Court Judge- 3 each - $20,000 each Prosecuting Attorney- $5,000 Sheriff- $50,000 Superior Court Judge- 5 each- $20,000 each Treasurer- $150,000 County Engineer - $20,000

NOW THEREFORE, IT IS HEREBY RESOLVED the approval to issue surety bonds for the above elected officials or other designated employees is granted and Risk Management office is responsible for the procurement of these on a yearly basis and maintaining the bond provider information.

DATED: February 17th, 2025

BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

ATTEST:

Kelly Grayson, Clerk of the Board

Steve Rader, Commissioner

Steve Ferrell, Commissioner

AS-14014 Consent BOCC Agenda Meeting Date: 02/18/2025 Affidavit of Posting Resume for the month of January 2025 Submitted For: Pervie Nancy Reed Submitted By: Pervie Nancy Reed Department: Commissioners Office Information Subject and Summary Statement Affidavit of Posting Resume for the month of January 2025 Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Affidavit of Posting Resume' Form Review Form Started By: Pervie Nancy Reed Final Approval Date: 02/11/2025

Started On: 02/10/2025 01:45 PM

7. a.

AS-14026 Consent BOCC Agenda Meeting Date: 02/18/2025 FERC Notice 1/31/25 Order Granting Extension of Time to Complete Beaver Bay Campground Renovations Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

7. b.

Information Subject and Summary Statement Federal Energy Regulatory Commission (FERC) Notice dated 1/31/2025 regarding an Order Granting Extension of Time to Complete Beaver Bay Campground Renovations.

Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Notice Form Review Form Started By: Kelly Grayson Final Approval Date: 02/12/2025

Started On: 02/12/2025 08:07 AM

AS-14027 BOCC Agenda Meeting Date: 02/18/2025 FERC Notice 1/30/25 Regarding Twelfth CSIR, Yale Project Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

Information Subject and Summary Statement Federal Energy Regulatory Commission (FERC) Notice dated 1/30/2025 regarding the Twelfth Consultant's Safety Inspection Report (CSIR), Yale Project Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Notice Form Review Form Started By: Kelly Grayson Final Approval Date: 02/12/2025

Started On: 02/12/2025 08:09 AM

7. c.

AS-14028 BOCC Agenda Meeting Date: 02/18/2025 Letter 2/18/25 Gregory Hannon reappointing to Solid Waste Advisory Committee Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

7. d.

Information Subject and Summary Statement Letter dated 2/18/2025 to Gregory Hannon reappointing him to the Solid Waste Advisory Committee representing Citizens. This is a 2-year term that expires March 31, 2027.

Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/12/2025

Started On: 02/12/2025 08:11 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

February 18, 2025 Gregory Hannon Dear Mr. Hannon , The Cowlitz County Board of Commissioners is pleased to reappoint you to the Solid Waste Advisory Committee representing Citizens for a 2-year term, expiring on March 31, 2027.

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. Please also the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. As a reminder, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020.

Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Public Works

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14029 BOCC Agenda Meeting Date: 02/18/2025 Letter 2/18/25 William Hoskins appointing Stormwater Advisory Committee.

Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

7. e.

Information Subject and Summary Statement Letter dated 2/18/2025 to William Hoskins appointing him to the Stormwater Advisory Committee. This is a 2-year term that expires December 31, 2026.

Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/12/2025

Started On: 02/12/2025 08:13 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

February 18, 2025 William Hoskins Dear Mr. Hoskins , The Cowlitz County Board of Commissioners is pleased to appoint you to the Stormwater Advisory Committee for a 2-year term, expiring on December 31, 2026.

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Stormwater Advisory Committee meets as needed at the Public Works Office, 1600 13th Ave. S., Kelso, and you can contact Public Works Department 360-577-3030 for more information. If you have any questions, please don't hesitate to contact us at 360-5773020.

Please also return a signed copy of the Code of Ethics and the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. Additionally, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020.

Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Public Works

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14030 BOCC Agenda Meeting Date: 02/18/2025 Letter 2/18/25 Nikki Jolly appointing to Yale Valley Library District Trustee Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

7. f.

Information Subject and Summary Statement Letter dated 2/18/2025 to Nikki Jolly appointing her to the Yale Valley Library District Trustee. This is a 5-year term that expires February 28, 2030.

Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/12/2025

Started On: 02/12/2025 08:15 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

February 18, 2025 Ms. Nikki Jolly Dear Ms. Jolly , The Cowlitz County Board of Commissioners is pleased to appoint you to the Yale Valley Library District Trustee for a 5-year term, expiring on February 28, 2030.

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Yale Valley Library District Trustee can be contacted at 1-800-921-6211 for additional information. If you have any questions, please don't hesitate to contact us at 360577-3020.

Please also return a signed copy of the Code of Ethics and the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. Additionally, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020.

Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Yale Valley Rural Library District

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14016 8. a.

BOCC Agenda Meeting Date: 02/18/2025 WARRANTY DEED - Dike Road Reconstruction Phase II - Project No. 1299 - Consolidated Diking Improvement District No. 2 Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a Warranty Deed for Right of Way Purposes from Consolidated Diking Improvement District No. 2 for Project 1299 Dike Road Reconstruction Phase II. This document was signed by the Chairman of the Board of Consolidated DIking Improvement District No. 2 on December 5, 2024, accepted by the Chairman of the Board of County Commissioners on December 11, 2024, and recorded at the Cowlitz County Auditor’s Office on February 5, 2025, under Auditor’s File Number 3764787.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Warranty Deed for Right of Way Purposes, for the Commissioner’s records.

Attachments Warranty Deed Vicinity Map Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Savannah Clement

Date 02/11/2025 01:03 PM 02/12/2025 09:06 AM Started On: 02/11/2025 10:05 AM

AS-14017 8. b.

BOCC Agenda Meeting Date: 02/18/2025 TEMPORARY EASEMENT- Dike Road Reconstruction - Project No. 1299 - David Waldow and Sandra Ritenburgh - Waldow Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a Temporary Construction Easement for Right of Way Purposes from David Waldow and Sandra Ritenburgh-Waldow for Project 1299 Dike Rd Reconstruction Phase II. This document was signed by the property owner on January 9, 2025, accepted by the Chairman of the Board of County Commissioners on January 15, 2025, and recorded at the Cowlitz County Auditor’s Office on February 5, 2025, under Auditor’s File Number 3764790.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Temporary Construction Easement for Right of Way Purposes, for the Commissioner’s records.

Attachments Temporary Construction Easement Vicinity Map Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 01:05 PM 02/12/2025 12:48 PM Started On: 02/11/2025 10:20 AM

AS-14018 8. c.

BOCC Agenda Meeting Date: 02/18/2025 Temporary Construction Easement - Dike Road Reconstruction Phase II - Project No. 1299 - Peterson Family Trust Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a Temporary Construction Easement for Right of Way Purposes from the Peterson Family Trust for Project 1299 Dike Road Reconstruction Phase II. This document was signed by the property owner on October 17, 2024, accepted by the Chairman of the Board of County Commissioners on December 4, 2024, and recorded at the Cowlitz County Auditor’s Office on February 5, 2025, under Auditor’s File Number 3764788.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Temporary Construction Easement for Right of Way Purposes, for the Commissioner’s records.

Attachments Temporary Easement Vicinity Map Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 01:07 PM 02/12/2025 12:48 PM Started On: 02/11/2025 10:36 AM

AS-14019 8. d.

BOCC Agenda Meeting Date: 02/18/2025 Temporary Construction Easement - Dike Road Reconstruction - Project No. 1299 - Peterson Farmland LLC Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a Temporary Construction Easement for Right of Way Purposes from the Peterson Farmland 1 LLC for Project 1299 Dike Rd Reconstruction Phase II. This document was signed by the property owner on November 6, 2024, accepted by the Chairman of the Board of County Commissioners on December 4, 2024, and recorded at the Cowlitz County Auditor’s Office on February 5, 2025, under Auditor’s File Number 3764789.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Temporary Construction Easement for Right of Way Purposes, for the Commissioner’s records.

Attachments Temporary Easement Vicinity Map Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 01:08 PM 02/12/2025 12:48 PM Started On: 02/11/2025 10:42 AM

AS-14022 8. e.

BOCC Agenda Meeting Date: 02/18/2025 Temporary Construction Easement - Dike Road Reconstruction - Project No. 1299 - Consolidated Diking Improvement District No. 2 Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a Temporary Construction Easement for Right of Way Purposes from the Consolidated Dike Improvement District for Project 1299 Dike Rd Reconstruction Phase II. This document was signed by the property owner on December 5, 2024, accepted by the Chairman of the Board of County Commissioners on December 11, 2024, and recorded at the Cowlitz County Auditor’s Office on February 6, 2025, under Auditor’s File Number 3764872.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Temporary Construction Easement for Right of Way Purposes, for the Commissioner’s records.

Attachments Temporary Easement Vicinity Map Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 01:09 PM 02/12/2025 12:48 PM Started On: 02/11/2025 11:06 AM

AS-14023 9.

BOCC Agenda Meeting Date: 02/18/2025 BID AWARD - Toutle Wastewater Treatment Plant Improvements - Project No. 9161 - Tapani, Inc. Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Bids were received and opened on February 5, 2025 for the Toutle Wastewater Treatment Plant Improvement Project. Bids were received as noted on the attached bid tabulation.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to award the Toutle Wastewater Treatment Plant Improvement Project to the lowest responsible bidder, Tapani, Inc. in the total amount of $1,492,328.90.

APPROVED : _________________________ BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON __________________________________ Richard R. Dahl, Chairman __________________________________ Steve Rader, Commissioner __________________________________ Steven L. Ferrell, Commissioner ATTEST: ______________________________ Kelly Grayson, Clerk of the Board

Fiscal Impact Expenditure Required $: 1,492,329 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Grant Y-N:

Attachments Bid Tabulation Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 01:09 PM 02/12/2025 12:48 PM Started On: 02/11/2025 11:41 AM

BID TABULATION Project Name

Toutle Wastewater Treatment Plant Improvements

Bid Opening Date

February 5, 2025

Project No.

9161 Engineer's Estimate

Item

Bid Item

Unit

Quantity

No.

Tapani Inc

James W. Fowler Co.

PO Box 1900

12775 Westview Drive

Battle Ground, WA 98604

Dallas, OR 97338

(360) 687-1148

(503) 623-5373

Unit

Total

Unit

Total

Unit

Total

Price

Amount

Price

Amount

Price

Amount

1

Miscellaneous Construction

Lump Sum

1

100,000.00

100,000.00

100,000.00

100,000.00

100,000.00

100,000.00

2

Mobilization and Demobilization

Lump Sum

1

125,000.00

125,000.00

135,000.00

135,000.00

100,800.00

100,800.00

3

Temporary Erosion and Sediment Control Measures

Lump Sum

1

5,000.00

5,000.00

2,000.00

2,000.00

6,500.00

6,500.00

4

Temporary Sewer Bypass

Lump Sum

1

40,000.00

40,000.00

75,000.00

75,000.00

45,000.00

45,000.00

5

Selective Demolition

Lump Sum

1

30,000.00

30,000.00

40,000.00

40,000.00

55,000.00

55,000.00

6

Shoring

Lump Sum

1

10,000.00

10,000.00

4,000.00

4,000.00

8,000.00

8,000.00

7

Earthwork

Lump Sum

1

15,000.00

15,000.00

9,500.00

9,500.00

30,000.00

30,000.00

8

Crushed Surfacing Top Course

Ton

450

40.00

18,000.00

40.00

18,000.00

115.00

51,750.00

9

Foundation Rock

Ton

20

100.00

2,000.00

88.00

1,760.00

200.00

4,000.00

10

Controlled Density Fill

C.Y

10

500.00

5,000.00

425.00

4,250.00

400.00

4,000.00

11

Hydroseeding

S.Y

590

5.00

2,950.00

2.50

1,475.00

3.00

1,770.00

12

Topsoil

C.Y

50

60.00

3,000.00

45.00

2,250.00

85.00

4,250.00

13

Vaults

Lump Sum

1

70,000.00

70,000.00

33,000.00

33,000.00

45,000.00

45,000.00

14

Cast-in-Place Concrete Construction

Lump Sum

1

70,000.00

70,000.00

107,500.00

107,500.00

130,000.00

130,000.00

15

Painting and Coatings

Lump Sum

1

80,000.00

80,000.00

100,000.00

100,000.00

68,000.00

68,000.00

16

Aeration Equipment

Lump Sum

1

320,000.00

320,000.00

300,000.00

300,000.00

330,000.00

330,000.00

17

Chemical Feed System Equipment

Lump Sum

1

25,000.00

25,000.00

39,000.00

39,000.00

30,500.00

30,500.00

18

Submersible Pumps

Lump Sum

1

70,000.00

70,000.00

59,000.00

59,000.00

60,153.00

60,153.00

19

Lump Sum

1

15,000.00

15,000.00

14,400.00

14,400.00

15,000.00

15,000.00

20

Magnetic Flow Meter Piping, Fittings, Valves and Accessories

Lump Sum

1

75,000.00

75,000.00

51,000.00

51,000.00

68,500.00

68,500.00

21

Electrical and Controls

Lump Sum

1

300,000.00

300,000.00

215,500.00

215,500.00

225,000.00

225,000.00

22

Standby Power System

Lump Sum

1

90,000.00

90,000.00

73,000.00

73,000.00

70,000.00

Subtotal Washington State Sales Tax

1,470,950.00 7.7%

Grand Total

Page 1 of 3

1,385,635.00

70,000.00 1,453,223.00

113,263.15

106,693.90

111,898.17

1,584,213.15

1,492,328.90

1,565,121.17

BID TABULATION Project Name

Toutle Wastewater Treatment Plant Improvements

Bid Opening Date

February 5, 2025

Project No.

9161

Item

Bid Item

Unit

Quantity

No.

Rognlin's Inc.

Western United Civil Group LLC

Advanced Excavting Specialits, LLC

321 W. State Street

PO Box 236

1200 Hazel Street

Aberdeen, WA 98520 Engineer's Estimate

Yacolt, WA 98675

Kelso, WA 98626

(360) 532-5220

(360) 450-7378

(360) 232-8854

PMB

Unit

Total

Unit

Total

Unit

Total

Price

Amount

Price

Amount

Price

Amount

1

Miscellaneous Construction

Lump Sum

1

100,000.00

100,000.00

100,000.00

100,000.00

100,000.00

100,000.00

2

Mobilization and Demobilization

Lump Sum

1

140,000.00

140,000.00

168,000.00

168,000.00

155,625.00

155,625.00

3

Temporary Erosion and Sediment Control Measures

Lump Sum

1

5,000.00

5,000.00

8,000.00

8,000.00

815.00

815.00

4

Temporary Sewer Bypass

Lump Sum

1

80,000.00

80,000.00

100,000.00

100,000.00

128,250.00

128,250.00

5

Selective Demolition

Lump Sum

1

40,000.00

40,000.00

30,000.00

30,000.00

55,500.00

55,500.00

6

Shoring

Lump Sum

1

5,000.00

5,000.00

7,000.00

7,000.00

24,400.00

24,400.00

7

Earthwork

Lump Sum

1

9,000.00

9,000.00

20,000.00

20,000.00

7,300.00

7,300.00

8

Crushed Surfacing Top Course

Ton

450

26.00

11,700.00

40.00

18,000.00

64.00

28,800.00

9

Foundation Rock

Ton

20

35.00

700.00

120.00

2,400.00

110.00

2,200.00

10

Controlled Density Fill

C.Y

10

200.00

2,000.00

550.00

5,500.00

395.00

3,950.00

11

Hydroseeding

S.Y

590

2.50

1,475.00

4.00

2,360.00

3.90

2,301.00

12

Topsoil

C.Y

50

70.00

3,500.00

85.00

4,250.00

55.00

2,750.00

13

Vaults

Lump Sum

1

49,000.00

49,000.00

50,000.00

50,000.00

68,350.00

68,350.00

14

Cast-in-Place Concrete Construction

Lump Sum

1

70,000.00

70,000.00

92,000.00

92,000.00

117,500.00

117,500.00

15

Painting and Coatings

Lump Sum

1

85,000.00

85,000.00

100,000.00

100,000.00

67,150.00

67,150.00

16

Aeration Equipment

Lump Sum

1

315,000.00

315,000.00

329,000.00

329,000.00

331,500.00

331,500.00

17

Chemical Feed System Equipment

Lump Sum

1

36,000.00

36,000.00

35,000.00

35,000.00

27,150.00

27,150.00

18

Submersible Pumps

Lump Sum

1

58,000.00

58,000.00

65,000.00

65,000.00

78,400.00

78,400.00

19

Lump Sum

1

12,000.00

12,000.00

15,000.00

15,000.00

14,300.00

14,300.00

20

Magnetic Flow Meter Piping, Fittings, Valves and Accessories

Lump Sum

1

107,000.00

107,000.00

70,000.00

70,000.00

73,000.00

73,000.00

21

Electrical and Controls

Lump Sum

1

245,000.00

245,000.00

258,000.00

258,000.00

223,450.00

223,450.00

22

Standby Power System

Lump Sum

1

80,000.00

80,000.00

80,000.00

80,000.00

80,390.00

Subtotal Washington State Sales Tax

1,455,375.00 7.7%

Grand Total

Page 2 of 3

1,559,510.00

80,390.00 1,593,081.00

112,063.88

120,082.27

122,667.24

1,567,438.88

1,679,592.27

1,715,748.24

BID TABULATION Project Name

Toutle Wastewater Treatment Plant Improvements

Bid Opening Date

February 5, 2025

Project No.

9161

Item

Bid Item

Unit

Quantity

No.

Dewitt Construction Inc

Stellar J Corporation

PMB 201 13023 NE Hwy 99, Suite 7

1363 Down River Drive

Lee Contractors, LLC PO Box 869

Vancouver, 98686 Engineer'sWA Estimate

Woodland, WA 98674

Battle Ground, WA 98604

(360) 600-3446

(360) 225-7996

(360) 723-5295

Unit

Total

Unit

Total

Unit

Total

Price

Amount

Price

Amount

Price

Amount

1

Miscellaneous Construction

Lump Sum

1

100,000.00

100,000.00

100,000.00

100,000.00

100,000.00

100,000.00

2

Mobilization and Demobilization

Lump Sum

1

88,200.00

88,200.00

200,000.00

200,000.00

150,000.00

150,000.00

3

Temporary Erosion and Sediment Control Measures

Lump Sum

1

5,800.00

5,800.00

10,000.00

10,000.00

20,000.00

20,000.00

4

Temporary Sewer Bypass

Lump Sum

1

134,347.00

134,347.00

53,000.00

53,000.00

50,000.00

50,000.00

5

Selective Demolition

Lump Sum

1

57,412.00

57,412.00

190,000.00

190,000.00

70,000.00

70,000.00

6

Shoring

Lump Sum

1

5,150.00

5,150.00

5,000.00

5,000.00

4,000.00

4,000.00

7

Earthwork

Lump Sum

1

35,170.00

35,170.00

15,000.00

15,000.00

250,000.00

250,000.00

8

Crushed Surfacing Top Course

Ton

450

30.00

13,500.00

45.00

20,250.00

100.00

45,000.00

9

Foundation Rock

Ton

20

38.00

760.00

60.00

1,200.00

100.00

2,000.00

10

Controlled Density Fill

C.Y

10

298.00

2,980.00

650.00

6,500.00

400.00

4,000.00

11

Hydroseeding

S.Y

590

3.00

1,770.00

3.10

1,829.00

2.00

1,180.00

12

Topsoil

C.Y

50

240.00

12,000.00

50.00

2,500.00

80.00

4,000.00

13

Vaults

Lump Sum

1

45,217.00

45,217.00

65,000.00

65,000.00

90,000.00

90,000.00

14

Cast-in-Place Concrete Construction

Lump Sum

1

131,122.00

131,122.00

200,000.00

200,000.00

75,000.00

75,000.00

15

Painting and Coatings

Lump Sum

1

312,333.00

312,333.00

150,000.00

150,000.00

120,000.00

120,000.00

16

Aeration Equipment

Lump Sum

1

326,542.00

326,542.00

310,000.00

310,000.00

300,000.00

300,000.00

17

Chemical Feed System Equipment

Lump Sum

1

50,486.00

50,486.00

40,000.00

40,000.00

40,000.00

40,000.00

18

Submersible Pumps

Lump Sum

1

62,165.00

62,165.00

50,000.00

50,000.00

50,000.00

50,000.00

19

Lump Sum

1

9,917.00

9,917.00

10,000.00

10,000.00

15,000.00

15,000.00

20

Magnetic Flow Meter Piping, Fittings, Valves and Accessories

Lump Sum

1

92,000.00

92,000.00

75,000.00

75,000.00

250,000.00

250,000.00

21

Electrical and Controls

Lump Sum

1

243,259.00

243,259.00

320,000.00

320,000.00

260,000.00

260,000.00

22

Standby Power System

Lump Sum

1

70,845.00

70,845.00

65,000.00

65,000.00

50,000.00

Subtotal Washington State Sales Tax

1,800,975.00 7.7%

Grand Total

Page 3 of 3

1,890,279.00

50,000.00 1,950,180.00

138,675.08

145,551.48

150,163.86

1,939,650.08

2,035,830.48

2,100,343.86

AS-14025 10.

BOCC Agenda Meeting Date: 02/18/2025 AGREEMENT - AMENDMENT NO. 2 - Toutle Wastewater Treatment Plant Improvements - Gibbs & Olson Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is Amendment No. 2 to the Professional Services Agreement with Gibbs & Olson, Inc. for the Toutle Wastewater Treatment Plant Improvements that was executed on September 23, 2023, and Amendment No. 1 which was executed on May 14, 2024. The initial contract was developed to cover all phases of the project with only costs for the first phase, which included an Engineering Report on needed improvements and planning level costs. Amendment No. 1 covered the costs for the design and permitting of the project. Since the bids have been received, the Department of Public Works has requested that Gibbs & Olson, Inc. provide construction inspection services for this project. This includes review of material submittals, review of potential project changes, and daily inspections of the work.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to accept Amendment No. 2 that increases the total contract to an amount not to exceed $479,000.

Fiscal Impact Expenditure Required $: 479,000 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Grant Y-N: Attachments Amendment No. 2 Amendment No. 1 PSA - Gibbs & Olson Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss

Date 02/11/2025 05:25 PM 02/12/2025 12:48 PM Started On: 02/11/2025 03:37 PM

AMENDMENT NO. 2 This Amendment No. 2 modifies the Professional Services Agreement (Agreement) between Gibbs & Olson, Inc. (Engineer) and the Cowlitz County (County) executed on September 19, 2023, for a Project referred to as Toutle Wastewater Treatment Plant Improvements Project.

The following modifications are made to the Agreement and all other terms and conditions in the original Agreement remain in full force and effect.

1. The Engineer’s Scope of Work is modified to include additional work to provide construction management services for the wastewater treatment plant improvements as presented in the attached Exhibit A – Scope of Work.

2. The Agreement Term is hereby extended for an additional year and will terminate on December 31, 2025.

3. The Engineer’s Budget is modified to provide compensation for the additional Scope of Work as presented below and as detailed in attached Exhibit B – Budget Estimate.

Original Agreement Amount ...................................................................................$ 82,000.00 Amendment No. 1…………………………….…………………………………….$ 186,000.00 Amendment No. 2 …………………………………………………………………. $211,000.00 The new Total Agreement Amount including Amendment No. 2 .....................$479,000.00 GIBBS & OLSON, INC.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard A. Gushman, President

By: Richard R. Dahl, Chairman

February 4, 2025 Date

____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner

Attest: __________________________________ Kelly Dombrowski, Clerk of the Board Attachments: Exhibit A – Scope of Work Exhibit B – Budget Estimate Page 1 of 1

AMENDMENT NO. 2 EXHIBIT A SCOPE OF WORK TOUTLE WWTP IMPROVEMENT PROJECT COWLITZ COUNTY WASHINGTON PROJECT DESCRIPTION The County owns and operates an oxidation ditch wastewater secondary treatment plant located in Toutle, Washington. The Engineer and County have prepared a design which recommends several plant upgrades to improve plant performance and reliability.

The Engineer’s scope of work is modified to include proving construction management and observation services to the County as detailed in the below described Scope of Work.

ASSUMPTIONS The following assumptions have been utilized by the Engineer in developing the identified Scope of Work and associated Budget Estimate. If any of these assumptions are found to be incorrect the Engineer reserves the right to negotiate an Amendment to this Agreement for any modifications to the Scope of Work and Budget Estimate required to address the conditions encountered.

1. The Owner will provide compaction testing, rebar inspection, concrete testing and all other special inspections.

2. The Engineer will not prepare conformance documents to incorporate addenda issued during bidding into the body of the construction contract documents.

3. The pre-construction conference will be held at the County Public Works office.

4. Engineer’s Resident Project Representative (RPR) will participate in progress meetings in person. Other Engineer staff members will participate in progress meetings in person once every 2 months and virtually for other progress meetings.

5. Engineer has budgeted onsite observation based on 20 weeks of construction at an average of 20 hours, or half-time, per week. Additional time if required, will require an amendment.

6. Commissioning of new equipment will be the Contractor and manufacturer representatives.

7. PLC, SCADA or other control system programming for the pump station and aeration equipment is not included.

Task 1 – Project Management and Administration The Engineer will provide project administration and management consisting of the following: a) Coordination and management of subconsultants. b) Preparation of a progress report to be included with each monthly invoice.

Task 2 - Pre-Construction Conference, Progress Meetings & Construction Observation The Engineer will perform the following work under this task:

a) Consult with and advise the Client and act as the Client's representative as required by the Construction Contract Documents. As the Client’s representative, all instructions to the Contractor will be issued through Engineer who will have authority to act on behalf of the Client to the extent provided in the Contract Documents. Engineer shall prepare monthly narrative progress reports and submit them to the Client.

Page 1 of 4

b) Pre-Construction Conference, Progress Meetings and Observation of Construction. In connection with observations of the work of the Contractor while it is in progress: 1) Engineer will conduct a pre-construction conference with Client and construction contractor to review construction work, construction contract documents, utilities, traffic control, construction timeframe, submittal requirements, procedure for modifying the construction contract time and/or price, contractor redline drawings of field changes, and project closeout process.

2) Engineer shall conduct a construction progress meeting on site with the construction contractor and the Client once every one to two weeks during construction. The progress meetings will allow for communication and documentation of construction progress, any issues that have been identified that need to be addressed or that could impact the cost of the project, and to provide the Engineer a regular opportunity to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor’s work. In addition, the Engineer shall provide the services of a Resident Project Representative (and assistants as agreed) to assist the Engineer and to provide more regular observation of such work. The RPR will typically make a daily site check-in visit and will be onsite for longer periods during critical items of the construction work. For budgeting, the Engineer has budgeted the RPR to be onsite for up to 400 hours (an average of 20 hours per week for 20 weeks) during construction.

Based on information obtained during such visits and on such observations, Engineer shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and Engineer shall keep the Client informed of the progress of the work. For budgeting, Engineer has assumed 10 total progress meetings.

3) The Resident Project Representative (RPR) (and any assistants) will be Engineer's agent or employee and under Engineer's supervision. The RPR shall provide written daily reports to the Engineer’s project manager utilizing Engineer’s standard report forms.

Copies of all daily RPR reports will be provided to Client for their permanent project file. For budgeting, Engineer has budgeted an average of 20 hours per week for 20 weeks.

4) The purpose of Engineer's visits to and representation by the RPR (and assistants, if any) at the site will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by exercise of Engineer's efforts as an experienced and qualified design professional, to provide for the Client a greater degree of confidence that the completed work of Contractor will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor. On the other hand, Engineer shall not, during such visits or as a result of such observations of Contractor’s work in progress, supervise, direct or have control over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of the Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractor furnishing and performing their work. Accordingly, Engineer can neither guarantee the performance of the construction contracts by Contractor nor assume responsibility for Contractor’s failure to furnish and perform their work in accordance with the Contract Documents.

Page 2 of 4

Task 3 – Defective Work During such visits and based on such observations, Engineer may disapprove of or reject Contractor’s work while it is in progress if Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents.

Task 4 - Interpretations and Clarifications Engineer shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required.

Task 5 – Review of Shop Drawings & Submittals The Engineer shall review and take appropriate action in respect of Shop Drawings, samples, and other data, which the Contractor is required to submit for compliance with the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto.

Task 6 – Inspections & Testing Engineer shall have authority, as the Client’s representative, to require special inspections or testing of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, regulations, ordinances, codes, orders, or the Contract Documents but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract documents.

Task 7 – Disputes Between Contractor and Client Engineer shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of the Client and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. Engineer shall not be liable for the result of any such interpretations or decisions rendered in good faith and made in conformance with the Standard of Practice identified in Exhibit C, Item 27 of the General Conditions in the original contract.

Task 8 – Progress Payment Applications Based on Engineer's on-site observations as an experienced and qualified design professional, on information provided by the Client and on review of applications for payment and the accompanying data and schedules: 1) The Engineer shall determine the amounts owing to the Contractor and recommend in writing payments to Contractor in such amounts. Such recommendations of payment will constitute a representation to Client, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of Engineer's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, the Engineer's recommendations of payment will include final determinations of quantities and classifications of such work subject to any subsequent adjustments allowed by the Contract Documents.

2) By recommending any payment Engineer will not thereby be deemed to have represented that exhaustive, continuous, or detailed reviews or examinations have been made by Page 3 of 4

Engineer to check the quality or quantity of Contractor’s work as it is furnished and performed beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Engineer's review of Contractor’s work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct, or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor’s compliance with laws, rules, regulations, ordinances, codes, or orders applicable to their furnishing and performing the work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to Client free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid.

Task 9 – Substantial Completion & Final Acceptance Inspections Engineer shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that the Engineer may recommend, in writing, final payment to Contractor and may give written notice to Client and the Contractor that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in Task 8, Item 2 above.

Task 10 – Prepare Record Drawings Prepare a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor to Engineer and which Engineer considers significant.

Limitations of Responsibility. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor’s or subcontractor's or supplier's agents or employees or any other persons (except Engineer's own employees and agents) at the site or otherwise furnishing or performing any of the Contractor’s work; however, nothing contained in paragraphs "a" through "j" above, shall be construed to release Engineer from liability for failure to properly perform duties and responsibilities assumed by Engineer in the Contract Documents.

SCHEDULE Construction is slated to begin spring of 2025 and be completed by November 30, 2025.

Page 4 of 4

Construction Phase Engineering Services Principal Task Description 1 Project Administration & Management 8 2 Pre-Construction Conference, Progress Meetings & Construction Observation 2 3 Defective Work 4 4 Interpretations & Clarifications 6 5 Review of Shop Drawing & Submittals 2 6 Inspections & Testing 2 7 Disputes Between Contractor & Client 6 8 Progress Payment Applications 2 9 Substantial Completion & Final Acceptance Inspections 0 10 Prepare Record Drawings 0 Subtotal 32 Mileage Miscellaneous Expenses Amendment No. 2 for Construction Phase Engineering Services Original Authorization Amount Amendment No. 1 Total Authorization Amount with Amendment No. 2 2025 Rates $270

Amendment No. 2 - Construction Phase Engineering Services Exhibit B - Budget Estimate Toutle WWTP Improvements - Cowlitz County February 4, 2025 Engineer V 6 8 4 24 12 32 6 8 2 2 104

$210

PM Sr. Engr.

24 16 6 40 8 8 6 8 2 2 120

$245

$160

4 24 4 60 32 40 8 24 6 6 208

Engineer II

$145

0 424 4 0 0 30 4 0 0 2 464

RPR III

$92

2 4 2 2 2 0 2 2 0 0 16

Word Processor $1,500 $3,500 $1,000 $5,000 $6,000 $1,500 $750 $0 $1,000 $750 $21,000

Electrical Subconsult

$13,484 $79,668 $7,034 $37,444 $23,764 $23,330 $8,074 $8,204 $4,110 $3,840 $208,952 $1,800 $248 $211,000 $82,000 $186,000 $479,000

Page 1 of 1 Total Budget

This Amendment

No. 1 modifies

AMENDMENT

NO. 1

the Professional

Services

Agreement ( Agreement)

between Gibbs & Olson, Inc. ( Engineer) and the Cowlitz County ( County) executed on September

19, 2023, for a Project referred

Improvements

to as Toutle Wastewater

Treatment

Plant

Project.

The following modifications are made to the Agreement and all other terms and conditions in the original Agreement remain in full force and effect.

1.

The Engineer' s Scope of Work is modified to include additional work to provide

design engineering services for the recommended wastewater treatment plant improvements as presented in the attached Exhibit A - Scope of Work.

2.

The Engineer' s Budget is modified to provide compensation for the additional Scope of Work as presented below and as detailed in attached Exhibit B -

Original Agreement

Budget Estimate.

Amount...................................................................................$ 82, 500. 00

Amendment No. 1 . $

186, 000. 00

The new Total Agreement Amount including Amendment No. 1.....................$

268, 500. 00

GIBBS &

OLSON, INC.

BOARD OF COUNTY

COMMISSIONERS

OF COWLITZ COUNTY, WASHINGTON DocuSigned by:

Zcz

ef ,

ricRardI. Dahl, Chairman

Richard A. Gushman, President

DocuSigned by:

Arne f Aw, ensen

May 6, 2024 Date

Arne Mortensen, Commissioner DocuSigned by:

t, tAAAAS Ruov Dennis P. Weber, Commissioner

DocuSigned Attest: DocuSigned by:

F

i( i

by:

rni( o,, s

L

elly Dombrowski, Cle

Attachments: Exhibit A - Scope of Work Exhibit B - Budget Estimate END OF AMENDMENT

1

AMENDMENT NO. 1 EXHIBIT

A

SCOPE OF WORK TOUTLE WWTP IMPROVEMENT

PROJECT

COWLITZ COUNTY WASHINGTON PROTECT DESCRIPTION

The County owns and operates an oxidation ditch wastewater secondary treatment plant located in Toutle, Washington.

The Engineer and County have prepared an Engineering Report

which recommends several plant upgrades to improve plant performance and reliability.

The County intends to utilize American Rescue Plan (ARPA) funds for this project which requires construction funding to be obligated by December 31, 2024, and construction to be complete by December 31, 2026.

The following major elements are included: 1.

New aeration and mixing for the oxidation ditch.

2.

Reshaped chlorine contact chamber to reduce short circuiting and allow period cleaning of the chamber.

3.

New influent flow measurement.

4.

Reconfigured effluent pump station with new submersible pumps.

5.

New standby electrical power generator.

6.

Several electrical system upgrades including new motor control centers (MCCs).

7.

New Supervisory Control and Data Acquisition (SCADA) system for the new headworks.

ASSUMPTIONS

The Engineer has utilized the following assumptions in developing the identified scope of work and budget estimate: 1.

Survey work will be performed based on NAVD88 vertical datum and NAD83/ 2011 horizontal datum, will be in U.S. Survey Feet and on Washington State Plane Coordinates.

2.

Current applicable County standard details will be utilized by Engineer.

3.

Drawings will be prepared in AutoCAD Civil3D 2024.

4.

Technical specifications will be prepared in the 17 division Construction Specifications Institute ( CSI) format.

5.

The Engineer will provide bid phase services as described within this scope of work.

6.

No environmental work is required. A SEPA checklist has already been completed.

7.

Department of Ecology review and approval of plans and specifications is required prior to starting construction.

DESIGN

PHASE ENGINEERING

SERVICES

The Engineer' s scope of work will consist of the following tasks: Task 1-

Project Administration, Management & Meetings

The Engineer will provide project administration and management consisting of the following:

Page 1 of 4

a)

Coordination and management of subconsultants.

b)

Preparation of a progress report to be included with each monthly invoice.

Task 2 -

Topographic Site Survey

The Engineer will perform topographic survey of the project area. A survey base map of existing topographic conditions will be prepared that will include but is not limited to the following. a)

Provide coordinates, descriptions, and elevations of the following existing items: o

o

On -site field work as appropriate to locate relevant existing monumentation and set project control.

Contours around the proposed location of the influent flow meter, effluent pump station and discharge manhole.

b)

Site grade elevations ( i.e., site topography).

c)

Property and easement lines.

The following information will be included on the topographic map: a)

Vertical datum used;

b)

North arrow;

c)

Map scale and graphic scale bar;

d)

Legend of symbols used;

e)

Licensee name and contact information;

f)

Seal and signature of licensee;

g)

Statements of clarification for elements shown;

h)

Basis of elevations citing reference benchmark( s);

i)

A description of the source of the contours ( such as " con- tours derived from direct field observations,"

or "contours shown are from county GIS");

j)

Labeling to determine contour interval( s);

k)

Description of project benchmarks established ( such as " railroad spike in power pole," chiseled' Xin concrete curb"); 1)

Staement

of elevations and contour accuracy; m)

Statement

on limitation of use; n)

Source

of boundary information and method( s) used to relate area mapped to said boundaries; o)

Statements

of clarif cation of utility information shown;p)

Source

of utility location; q)

Statement

of accuracy of utility depiction; r)

A

statement of the scope of work between the project owner and the licensee regarding the comprehensivenes , exclusions, and limits of the utility investigations leading to these utility depictions. Task

3 Prepare -60% Complete Design

Drawings: Work

under this task includes: a) Preparing

an existing site conditions base map and new WWTP improvements site plan drawings.

Page

2 of 4

b)

Preparing 60% complete design drawings in AutoCAD Civil3D 2024. Appropriate

County standard details will be utilized. Engineer will also prepare an opinion of construction cost.

It is anticipated design drawings will include approximately 25 drawings as listed below: Cover sheet -

1 drawing legend sheet -

Index, notes, abbreviations & Hydraulic

1 drawing

Profile -

1 drawing Existing conditions - 1 drawing Plan and section for ditch - 2 drawings Plan and section for chlorine contact basin - 2 drawings

Plan and section for effluent pump station - 2 drawings Civil and Mechanical

c)

Details -

Structural

Plan, Sections

Electrical

Plan, Section,

4 drawings

and Details Schedules

4 drawings

and Details -

7 drawings

Engineer will perform in-house QC review of the design documents near the 60% completion stage to ensure the documents are consistent in presentation of the design information.

d)

One quality control (QC) project review meeting with the County is scheduled to review 60% complete design drawings.

e)

One set of the 60% drawings in electronic pdf format will be submitted to the County for

review and comment. County comments will be incorporated into the 90% complete design f)

documents

as appropriate.

Engineer will prepare an opinion of probable construction costs for review by the County.

Task 4 -

Prepare

90%

Complete Design Drawings & Construction Contract Documents:

Work under this task includes: a)

b)

Prepare

90% complete design drawings, construction contract documents and an

updated

opinion

of construction

cost.

It is anticipated that the construction contract documents will consist of Engineer' s Joint

Construction Document Council (EJCDC) up front documents consisting of: o

Invitation to Bid,

o

Instructions to Bidders,

o

Bid Package including Supplementary Bidder Responsibility Criteria, General and Supplementary Conditions, Washington State Prevailing Wages,

o o

o

c)

Technical

specifications

in Construction

Specification

Institute ( CSI) format.

Engineer will perform an in-house QC review of the design drawings near the 90% completion stage to ensure the plans are consistent in presentation of the design information.

d)

One quality control ( QC) project review meeting with the County is scheduled to review 90% complete design drawings, construction contract documents and updated opinion of construction

cost.

Page 3 of 4

e)

One set of the 90% drawings in electronic pdf format will be submitted to the County for review and comment.

Review comments will be addressed in the 100% design complete

documents as appropriate.

Task 5 - Prepare 100% Complete Drawings and Construction Contract Documents: Work under this task includes: a)

Prepare 100% complete design drawings and contract documents.

b)

In-house QC review of the design drawings and specifications near the 100% completion stage to ensure the documents are consistent in presentation of the design information.

c)

100% complete

design

drawings

and construction

contract

documents

will be submitted

to the County for final approval. d)

County approved 100% complete design drawings and construction contract documents ready for bid advertisement, will be provided in .pdf format to the County for bidding the project. The documents will be suitable both for electronic distribution to prospective bidders and for hardcopy reproduction.

Task 6 -

Bid Phase

Services:

Following approval of the design documents by the County after receiving written authorization from the County to proceed with bidding the project, the Engineer shall: a)

b)

Assist the County in advertising the project for bids.

Receive questions from potential bidders and prepare appropriate answers to incorporate into up to two addendums.

c)

Review and tabulate bids received, verify low bidder' s state licensing, check low bidder references, verify supplementary bidder responsibility criteria, and prepare a letter to Client consisting of the bid tabulation and Engineer' s recommendation of construction contract award.

Task 7 -

Construction Phase Engineering Services are not included in this Authorization. If the

County desires the Engineer to provide construction administration and observation services, such services will be added by amendment to this Authorization.

SCHEDULE

Schedule milestones are as follows: a)

Submit 60% design drawings and contract documents for Client review within 8 weeks of Engineer' s receipt of Notice to Proceed.

b)

Submit 90%

c)

Submit 100% design drawings and contract documents to Client within 3 weeks of

design drawings, contract documents, and project report for Client review within 5 weeks of Engineer receiving Client 60% review comments.

Engineer receiving Client 90% review comments.

LIMITATION

OF LIABILITY

Engineer shall not be liable for loss or damage occasioned by delays beyond Surveyor' s control, or for loss of earnings, loss of use or other incidental or consequential damages suffered by Client or others, however caused. Engineer' s liability hereunder, whether in tort or in contract, for any cause of action, inclusive of legal costs, shall be limited to $1, 000, 000.

Page 4 of 4

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PROFESSIONAL SERVICES AGREEMENT Contract Number:

2023-

-

01

THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of hereinafter called "

Washington, (

Name:

Gibbs &

Address:

PO Box 400

N°:

hereinafter

and

Olson, Inc.

Longview, WA Phone

County" or " Cowlitz County")

98632

360- 425- 0991 called " Consultant").

This Agreement

is comprised

Attachment

of:

A— Scope of Work

Attachment

B—

Compensation

Attachment

C—

General Conditions

Attachment

D — Special Terms

Attachment

E—

Attachment

F— ( specify)

and Conditions

Rates and Reimburseables

copies of which are attached hereto and incorporated herein by this reference as if fully set forth.

The term of this Agreement shall commence on the 19th day of September 2023 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2025. The County reserves the right to extend the contract for up to 1 additional 1- year period.

IN WITNESS

WHEREOF,

the parties

have executed this Agreement

on

this

ICIday of

fi?

r

2023.

BOARD OF COUNTY COMMISSION WASHIN

CONSULTANT:

tit

4/ GZ' 4 YRichard ibbs &

Date:

R. Dahl, Chairman

Olson, Inc.

Print name: Richard A. Gushman Title:

RS ON

Arne Mortensen,

President

11%,__' \ \

September 11, 2023

Q f0%

ATTEST.

r4

m %

4

Kelly o o t:rowsky, Clerk of the :

1.

k,,,

J-

tp--

P. Weber, Commissioner

GO' ' O

Z,

Commissioner

NAIN,/

t II, O

II 10

CQVNLIT2

3

coureTv

cn

5; ( n

I1 IIa 4 WASHVGTON IO

tii )"

a,\„ "

2 ,

?

11'7S . A,.

G,-

CONTRACT

HAS BEEN APPROVED

AS TO FORM

BY COWLITZ COUNTY PROSECUTING ATTORNEY 2014_ ver. 3]

ATTACHMENT

PROFESSIONAL SERVICES AGREEMENT

SCOPE

A

OF WORK

The County hereby engages the Consultant to serve as an independent consultant providing engineering

services to the County on the terms and conditions set forth in this Agreement. The Consultant agrees to complete the services on behalf of the County as outlined below.

In the event the Consultant,

its agents or assigns,

is unable

to complete

its work as scheduled,

the contract

period and compensation may be adjusted by mutual agreement of the County and Consultant.

PROJECT

DESCRIPTION

The County owns and operates an oxidation ditch wastewater secondary treatment plant located in

Toutle, Washington. The County had an Evaluation Report prepared in 2021 which recommended several plant upgrades to improve plant performance and reliability.

An engineering report prepared in accordance with WAC 173- 240- 130 will be prepared for review and approval by the Washington Department of Ecology ( Ecology) and the County. This report will be the basis for the ensuing design work which will follow.

The County intends to utilize American Rescue Plan Act( ARPA) funds for this project. ARPA funding

requires construction funding to be obligated by December 31, 2024 meaning the construction contract has to be executed between the County and the construction contractor by this date. Construction is required to be completed and closed out by December 31, 2026.

INFORMATION

TO

BE PROVIDED

BY COUNTY

The County will provide the following information to the Engineer for use on this project:

County' s most recent 36- months of Daily Monitoring Reports ( DMR' s); County' s O& M Manual for the Toutle wastewater treatment plant( WWTP); Record drawings showing piping, basins and other facility wastewater infrastructure including elevations as available; Any wastewater

information

lab analysis results not included in the monthly DMR' s;

Population projections for the sanitary sewer service area.

ASSUMPTIONS

Engineer has utilized the following assumptions in preparing the identified scope of work and budget. If any of these assumptions are found to be invalid, Engineer reserves the right to request an amendment 1.

2.

to modify the scope of work and budget.

Drawings for report figures will be prepared in AutoCAD Civil3D 2022.

Drawings and documents prepared by Engineer will be provided to the County in . pdf and CAD format.

3.

No historical

4.

5.

A critical areas evaluation report and geotechnical investigation are not required.

No field survey work will be performed by Engineer.

6.

A recommendation

or cultural resources

for outfall

evaluation

is required.

repairs will not be included

in the Report.

SCOPE OF SERVICES:

The Engineer shall perform the following services under this Agreement.

Task 1 -

Project

Management,

Administration &

Meetings:

Engineer will perform day to day management activities including oversight of Engineer' s work,

scheduling, budgeting, invoicing and preparing monthly progress reports to County. Project management will also include coordination and communication

with County and Ecology.

Page

1

Kickoff Meeting:

Engineer will conduct a project kickoff meeting with County staff and key members of Engineer' s project team.

Progress Meetings:

Engineer proposes conducting a progress meeting with the County every 3- 4 weeks during the project.

Engineer has budgeted for a total of 3 progress meetings.

Meetings with Ecology and Cowlitz County: Engineer will participate in up to 3 meetings with the County and Ecology to review report elements prior to submission of the Engineering Report to Ecology.

Task

2—

Gather&

Review of Available

Information

and Data

Engineer will review County provided information.

Task

3—

Outfall

Field

Visit

and

Repair

Alternatives

Evaluation

Engineer will meet with the County in the field to evaluate the condition of the outfall and discuss options for keeping it in service. A recommended plan of action will be presented to the County but will not be included in the Engineering Report.

Task 4— Oxidation

Ditch

Mixing/ Aeration

Alternatives

Evaluation &

Design Criteria

Engineer will evaluate up to 4 options for providing aeration and mixing beyond the existing brush aerator system for improved efficiency. The Engineer will review the results of this evaluation with the County. A recommended alternative will be identified, and design criteria will be developed for the selected alternative.

Task

5— Effluent

Pump Station Alternatives

Evaluation &

Design

Criteria

Engineer will meet with the County to discuss potential alternatives for modifying the effluent pump station to eliminate confined space entry requirements for personnel. A recommended alternative will be identified, and design criteria will be developed for this alternative.

Task

6— Evaluate &

Develop Design Criteria for Other WWTP Improvements

Engineer will meet with the County to discuss other plant improvements such as the new influent flow meter, chlorine contact chamber and chemical feed system upgrades, electrical upgrades

including

motor

control centers ( MCCs) and standby electrical generator, plant Supervisory Control and Data Acquisition SCADA) system and other miscellaneous plant improvements.

Task 7 — Prepare SEPA Checklist

Engineer will prepare a SEPA checklist for the Report as an Action Item to support the Engineering Report and ensuing design and construction of the improvements.

Task 8 —

Prepare an Engineering Report in Accordance with WAC 173- 240- 130

Engineer will prepare an engineering report in accordance with WAC 173- 240- 130. The report will be sufficiently complete so that design plans and specifications can be developed from it without substantial changes.

The engineering report shall include the following information: a.

Current flow and population served information.

b.

Influent flow, waste load and population served projections for a 20- year planning horizon;

c.

Current plant performance data and analyses.

d.

Basic design data and sizing calculations that impact the treatment units.

e.

A description of the existing treatment process and operation, including a flow diagram and hydraulic

f.

All necessary maps and layout plan views, conceptual cross- sections/ profiles, and figures as

profile.

appropriate.

Page 2

g.

A discussion of the various alternatives evaluated, recommended

alternatives with design criteria and

the reasons other alternatives evaluated are not preferred. h.

An implementation schedule for final design, permitting and construction of recommended plant upgrades.

i.

A planning level opinion of total project cost for design, permitting, and construction of the recommended alternatives. This opinion of cost will include sales tax and an appropriate level of contingency.

The Engineering Report will be required to be reviewed and approved by both Ecology and the County.

The Engineer will provide a draft of the Engineering Report to the County for review and comment in pdf format.

The Engineer will address County review comments and will revise the draft Engineering Report as appropriate and will provide an updated draft Engineering Report to the County for submittal to Ecology for their review and comment.

The Engineer will address Ecology review comments and will revise the draft Engineering Report as

appropriate. The final Engineering Report will be reviewed with the County and will then be submitted by the County for final approval to Ecology.

The draft deliverables will be provided to the County in pdf format. Report submissions to Ecology will be electronic . pdf copies unless otherwise requested by Ecology.

Task

9—

Scoping for Final Design and Permitting Engineer will prepare a proposed scope of work, schedule and budget for final design and permitting for use in amending this Agreement to advance the project at the completion of the engineering report phase.

SCHEDULE

MILESTONES

The following schedule milestones are based on Engineer receiving an executed Agreement and notice to proceed from the County by September 20, 2023, and will be adjusted on a day for day basis based on the actual Notice to Proceed Complete Outfall Repair

date if it is after September

Evaluation and Make

20, 2023.

Recommendation

to

County — October 26, 2023

Complete Oxidation Ditch Mixing/ Aeration Alternatives Evaluation and Make Recommendation November

to County

2, 2023

Complete Effluent Pump Station Alternatives Evaluation and Make Recommendation to County— November 16, 2023

Complete Alternatives Evaluation and Make Recommendations to County for Other VWVTP November 16, 2023

Improvements— Prepare

SEPA

Checklist and Provide to County for Review—

Submit Draft

Engineering

Report to County for Review—

Draft

Engineering

Report to Address County Review

Submit Draft

Engineering

Report to

Draft

Engineering

Report to Address

Revise

Revise

LIMITATION

Ecology for Review—

November 30, 2023

December 7, 2023 Comments—

December

Ecology Review

December

21, 2023

28, 2023

Comments—

February 29, 2024

OF LIABILITY

Engineer shall not be liable for loss or damage occasioned by delays beyond Engineer' s control, or for loss of earnings, loss of use or other incidental or consequential damages suffered by County or others, however

caused.

Page

3

Engineer' s liability hereunder, whether in tort or in contract, for any cause of action, inclusive of legal costs, shall be limited to 150 percent of the fee earned by Engineer under this Agreement.

Page

4

PROFESSIONAL

SERVICES

ATTACHMENT

AGREEMENT

B

COMPENSATION

1.

FIXED

a.

fixed fee of

FEE FOR SERVICE: DOLLARS ($

completed tasks shall be made at completion

annually;

For services rendered, the County shall pay to the Contractor a

for the completed

frequently

no more

of project;

work set forth in Attachment "

than

bi- monthly;

quarterly;

A.".

Payments

for

semi- annually;

other ( specify)

Each request for payment shall be supported by an invoice specifying the tasks completed up to the for

request

payment and the payment

amount

requested.

In no event shall payment be sought in an

amount which represents a percentage of the fee greater than the percentage of completed tasks.

OR

b.

HOURLY

For services rendered, the County shall compensate the Contractor at the

RATES:

following hourly rates: Name/

Position

Hourly Rate

See attachment

Payments

for completed

annually;

annually;

tasks

shall be

made

at completion

no more

of project;

frequently than ®

monthly;

quarterly;

semi-

other ( specify)

Each request for payment shall be supported by an invoice the name/ position of the specifying: Contractor' s employee if two or more are identified above; number of hours worked; completed tasks for

which compensation

is sought and; payment amount requested.

In no event shall Contractor be compensated in excess of EIGHTY- TWO THOUSAND AND NO/ 100THS DOLLARS ($ 82, 000. 00) for the completed

work set forth in Attachment"

A."

2. AND

a. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel, telephone,

computer,

copiers

and the like.

OR

b. The County shall reimburse the Contractor for actual expenses incurred for travel, telephone, copiers

and

computer.

Reimbursement for airfare, mileage, meals and/ or accommodations shall be at the

same rate as that applicable to county employees traveling on county business.

OR

c. Other ( specify) The County, in addition to the compensation Contractor the following:

herin set forth shall provide to the

Page 1

Engr.

10 12 12 12 16

2

24

4

16 10 12 12 12 10

4

40

4

8

2

8

4

8

V

Project Man ger Prin.

4

6

6

6

8

100

187 $

120

210 $

52

240 $

Rates $ M i l e a g B U D G E T I Subtoal

Reproductin Hourly

Crite a Design Data

Descripton Metings Evalution

Report 2

Page

and

Engierng

Task

Adminstrao&

Project-

Estimae- Works

Improvents

B-

Atachment

130 240-

IEvalution& Design mprovents Crite a

TO AL

173-

WAC

W TP

with

Other

E v a l u t i o n & A l t e r n a i v s Informatin Alternaiv Critea Acordane for

P e r m i t n g A e r a t i o n Availbe Repair Mixng/ Alternaiv Design Report Design& Staion Dev lop Checklist Final Visit Ditch in

of

Budget Public 2023 W TP County Toutle Cowlitz Septmbr

ESTIMAED

and

Mangemt, Reviw Pump Engierng SEPA

Field

for

Project Gather& Outfal Oxidaton Efluent Evalu te& Prepare Prepare Scoping

11,

Task

1

2

3

4

5

6

7

8

9

2023

PROFESSIONAL

SERVICES AGREEMENT

ATTACHMENT

GENERAL

C

CONDITIONS

1.

Scope of Consultant' s Services. The Consultant agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein.

2.

Accounting and Payment for Consultant Services. Payment to the Consultant for services rendered under

this Agreement shall be as set forth in Attachment B unless specifically stated in Attachment B, the County will not reimburse the Consultant for any costs or expenses incurred by the Consultant in the performance of this contract.

3.

Delegation and Subcontracting. Consultant' s services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager.

4.

Independent Consultant. The Consultant' s services shall be furnished independent consultant and nothing herein contained shall be construed employer/ employee

by the Consultant as an to create a relationship of

or master/ servant.

The Consultant acknowledges that the entire compensation for this Agreement is specified in Attachment

B and the Consultant 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 Cowlitz County employees. The Consultant represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the

State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/ employee or master/ servant relationship exists rather than an independent consultant relationship such that Cowlitz workers social for federal County is deemed responsible withholding, security contributions, compensation and the like, the Consultant agrees to reimburse Cowlitz County for any payments made

or required to be made by Cowlitz County. Should any payments be due to the Consultant pursuant to this Agreement, the Consultant agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed.

Notwithstanding any determination by the state or federal government that an employer/ employee or master/ servant relationship

exists, the Consultant,

its officers, employees

and agents, shall not be

entitled to any benefits which Cowlitz County provides to its employees.

5.

No Guarantee of Employment. The performance of all or part of this contract by the Consultant shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any

employment of the Consultant or any employee of the Consultant or any subconsultant or any employee of any subconsultant by the County at the present time or in the future.

6.

Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations.

7.

Right to Review. This contract is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means

are deemed expedient by the County Project Manager. 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 Consultant shall preserve and maintain all financial records and records relating to the performance of

work under this Agreement for six ( 6) years after contract termination, and shall make them available Page 1

PROFESSIONAL

SERVICES

AGREEMENT

ATTACHMENT

C

for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours.

8.

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.

Termination for Default. If the Consultant defaults by failing to perform any of the obligations of the contract

or becomes

insolvent

or is declared

bankrupt

or makes

an assignment

for the benefit

of

creditors, the County may, by depositing written notice to the Consultant 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 Consultant shall not be entitled to receive any further payments under the contract. 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 Consultant. The Consultant agrees to bear any extra expenses incurred

by the County in completing

the work, 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 Consultant 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.

10. 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 Consultant shall be entitled to payment for actual work performed 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.

11. Termination appropriated

Due to Insufficient Funds. If sufficient funds for payment under this contract are not or allocated or are withdrawn,

reduced, or otherwise limited, the County may terminate

this contract upon thirty ( 30) days written notice to the Consultant. No penalty or expense shall accrue to the County in the event this provision applies.

12. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a) The Consultant shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any.

b) The Consultant shall provide the County with an accounting of authorized services provided through the effective date of termination.

c) If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Consultant that the County determines liability.

necessary to protect itself against loss or

13. Hold Harmless. Consultant shall defend, indemnify, and hold County harmless from and against all claims, demands, losses, damages, or costs, including but not limited to damages arising out of bodily injury or death to persons and damage to property, caused by or resulting from: a) The sole negligence of the Consultant, its officers, employees, agents, or subconsultants; b) The concurrent negligence of the Consultant, its officers, employees, agents, or subconsultants, only

to

the

extent

subconsultants;

of

the

negligence

of the

Consultant,

its

officers,

employees,

agents,

but or

or

c) The use of any design, process, or equipment that constitutes an infringement of any United States patent presently issued, or violates any other proprietary interest including copyright, trademark, and trade secret.

Page 2

PROFESSIONAL

SERVICES

AGREEMENT

ATTACHMENT

C

It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any

way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any connection with this Agreement.

14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or

hereafter amended, or other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction otherwise applicable, for injuries to its employees and agrees that the obligations

to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Consultant. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

15. 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 shall be in the courts of

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

16. Withholding Payment. In the event the County Project Manager determines that the Consultant has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the

County may withhold from amounts otherwise due and payable to Consultant the amount determined

by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Consultant to termination or damages, provided that the County promptly gives notice in writing to the Consultant of the nature of the default or failure to perform, and in no case more than ten ( 10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Consultant of the action required and/ or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Consultant acts

within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: ( 1) cure any failure or default, ( 2) to pay any amount so required to be paid and to charge the same to the account of the Consultant, ( 3) to set off any amount paid or incurred from amounts due or to become due the Consultant.

In the event the Consultant

obtains relief upon a

claim under the Disputes clause, no penalty or damages shall accrue to the Consultant by reason of good

faith withholding by the County under this clause.

17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw.

18. Consultant Commitments, Warranties and Representations. Any written commitment received from the Consultant concerning this Agreement shall be binding upon the Consultant, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Consultant to fulfill such a commitment shall render the Consultant liable for damages to the County. A commitment includes, but is not limited to any representation

made prior to execution of this Agreement, whether or not incorporated elsewhere

herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

19. Patent/ Copyright

Infringement.

Consultant

will

defend,

indemnify,

and save

harmless

County,

its

appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Consultant' s alleged infringement on any patent or copyright. The Consultant will pay those costs and damages attributable to any such claims that are finally awarded against the Page 3

PROFESSIONAL

SERVICES

AGREEMENT

ATTACHMENT

C

County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following: a) That Consultant shall be notified promptly in writing by County of any notice of such claim. b) Consultant 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.

20. Disputes.

a) General. Differences between the Consultant 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. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive

thirty ( 30) days from the date of mailing unless the Consultant mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

In connection with any appeal under this clause, the Consultant and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support

of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination

of such appeals shall be final and conclusive.

Reviews of the

appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen ( 15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Consultant shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b) Notice of Potential Claims. The Consultant

shall not be entitled to additional

compensation

or to

extension of time for ( 1) any act or failure to act by the County Project Manager or the County, or 2) the happening of any event or occurrence, unless the Consultant has given the County a written Notice of Potential Claim within ten ( 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 Consultant

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. Consultant 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 Consultant shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty ( 30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Consultant 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.

21. Ownership of Items Produced and Public Disclosure. All writings, programs, data, art work, music, maps, charts, tables, illustrations, records or other written, graphic, analog or digital materials prepared by the Consultant and/ or its consultants or subconsultants, in connection with the performance of this

Agreement shall be the sole and absolute property of the County and constitute " work made for hire" as that phrase is used in federal and/ or state intellectual property laws. Except as to data or information in the public domain or previously known to Consultant or required to be disclosed by law, subpoena or other process, the following shall apply: a) Correspondence, emails, reports and other electronic or written work product will be generated between the Consultant and County during the course of this Contract. This Contract and such work product in the possession of Consultant may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42. 56 RCW( Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents

related to it unless an Page 4

PROFESSIONAL

SERVICES

AGREEMENT

ATTACHMENT

C

exemption under the Public Records Act or other laws applies. Consultant shall fully cooperate with

and assist the County with respect to any request for public records received by the County related to the services performed under this Contract.

b) Should County receive a request for disclosure, County agrees to provide Consultant ten ( 10) days written notice of impending release, and to cooperate with any legal action which may be initiated

by Consultant to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Consultant, including any damages, attorney's fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Consultant took no action to oppose the release of

information. Notice of any proposed release of information pursuant to Chapter 42. 56 RCW, shall be provided to Consultant according to the" Notice" provision herein. If the Consultant has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Consultant must not take any action that would affect ( a) the County' s ability to use goods and services provided under this Contract or ( b) the Consultant obligations under this Contract. The

Consultant will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

c) Consultant' s failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys' fees, and/ or any other expenses as a result of such breach, Consultant shall fully indemnify and hold harmless

County as set forth in Section 13. For purposes of this section, the terms " public records" and agency" shall have the same meaning as defined by Chapter 42. 56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement.

d) In the event the County uses the Instruments of Service without retaining the authors of the Instruments of Service, the County releases the Consultant and Consultant' s subconsultants

from all

claims and causes of action arising from such uses. The County, to the extent permitted by law, further agrees to indemnify and hold harmless Consultant and its subconsultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the County' s unauthorized the Instruments

use of

of Service.

22. Recovery of Payments to Consultant. The right of the Consultant to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project in the Scope of Work ( Attachment A).

In the event that the Consultant fails, for any reason,

described

to perform obligations required of it by this Agreement, the Consultant may, at the County Project Manager' s sole discretion, be required to repay to the County all monies disbursed to the Consultant for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform.

Interest

shall

accrue

at the

rate

of 12

percent (

12%)

per annum from the time the County Project

Manager demands repayment of funds.

23. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Consultant shall be subject to the review and approval of the County Project Manager.

For purposes of this Agreement, the County Project Manager is: Name:

Gibbs&

Address:

PO Box 400

Phone:

360- 425- 0991

Olson

Longview,

WA 98632

E- Mail:

Page 5

PROFESSIONAL

SERVICES

AGREEMENT

ATTACHMENT

In the event there is a dispute with regard to the extent and character

C

of the work to be done, the

determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Consultant' s right to appeal that decision as provided herein.

24. Non- Discrimination. The Consultant shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap.

25. Subconsultants. In the event that the Consultant employs the use of any subconsultants, the contract

between the Consultant and the subconsultant shall provide that the subconsultant is bound by the terms of this Agreement between the County and the Consultant. The Consultant shall ensure that in all subcontracts entered into, County is named as an express third- party beneficiary of such contracts with full rights as such.

26. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Consultant and not for the benefit of any third parties.

27. Standard of Care. The Consultant shall perform its duties hereunder in a manner consistent with that

degree of care and skill ordinarily exercised by members of the same profession as Consultant currently practicing

under similar circumstances.

The Consultant

shall, without additional

compensation,

correct

those services not meeting such a standard.

28. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work.

29. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Consultant to the County Project Manager. Notice to the Consultant for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Consultant at the address identified on the signature page.

30. 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.

31. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable federal, state and local statutes, ordinances and regulations; b) Scope of Work( Attachment A) and Compensation ( Attachment B); c)

Special

Terms and Conditions ( Attachment D);

d) General Conditions ( Attachment

and

C).

32. 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.

33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the

prevailing party shall be entitled to be paid reasonable attorney fees.

34. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party.

35. Survival. Without being exclusive, Paragraphs 4, 7, 13- 19, 21- 22 and 30- 35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in Page 6

PROFESSIONAL

SERVICES AGREEMENT

ATTACHMENT

C

part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.

36. Contract Documents. The Contract Documents for this Agreement, except for modifications issued after

execution of this Agreement, form a contract and all are as fully a part of the contract as if attached to this Agreement

or repeated

herein.

The contract

represents

the entire and

integrated

Agreement

between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided 1. Notice of Award; 2. Addenda;

herein. An enumeration

of the contract documents

is set forth below:

and

and

3. Agreement; and

4. Conditions of Cowlitz County Request for Qualifications published on July 5, 2023; and 5. Statement of Qualifications from Consultant dated July 27, 2023.

Page 7

PROFESSIONAL

SERVICES AGREEMENT

ATTACHMENT D

SPECIAL 1.

TERMS AND CONDITIONS

Reporting. The Consultant shall submit written progress reports to the County Project Manager as set forth below:

With each request for payment.

Monthly.

Quarterly.

Semi- annually.

Annually.

Project completion.

Other:

Reports shall include any problems, delays or adverse conditions which will materially affect the Consultant' s ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes

to the Scope of Work, if any. Payments may be withheld if reports are not submitted.

2.

Insurance. The Consultant shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall

be specifically named as additional insureds in a policy with the same company which insures the Consultant or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY:

Bodily injury, including

death and property damage

$

1, 000, 000 per occurrence 2, 000, 000 Aggregate

ERRORS AND OMISSIONS or PROFESSIONAL

LIABILITY with an Extended Reporting Period Endorsement(

two- year

tail).

1, 000, 000 per occurrence 2, 000, 000 Aggregate

WORKERS COMPENSATION:

Statutory amount

AUTOMOBILE: coverage on owned, non- owned, rented and hired vehicles Bodily injury, liability, including death, and

1, 000, 000 Combined Single Limit

Property damage liability

All Consultant' s and Consultant' s subconsultants' insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non- contributory. Any insurance, self- insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Consultant' s and Consultant' s subconsultants' liability insurance policies must be endorsed to show this primary coverage.

Page 1

PROFESSIONAL

SERVICES

AGREEMENT

ATTACHMENT

D

Upon request, the Consultant shall provide a full and complete certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any

insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the

right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer' s financial condition or licensing status in Washington. Any deductibles and/ or selfinsured

retentions

10, 000, stop loss provisions,

exceeding $

and/ or exclusions contained

in such

policies must be approved by the County in writing. For any deductibles or self-insured retentions exceeding $ 10, 000 or any stop- loss provisions, the County shall have the right to request and review the Consultant' s most recent annual financial reports and audited financial statements

as a condition

of approval.

Consultant hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Consultant to enter into a pre- loss agreement to waive subrogation without an endorsement, then Consultant agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Consultant enter into such a waiver of subrogation

on a

pre- loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Consultant' s and Consultant' s subconsultants' insurance policies by way of endorsement for the full available limits of insurance maintained by the Consultant

and subconsultant, and all coverage shall be primary and non- contributory. A statement or notation of additional

insured

status

on

a

Certificate

of Insurance shall not satisfy these

requirements. [

This

endorsement shall not be required if the Consultant is a governmental entity and 15 insured through a governmental entity risk pool authorized by the State of Washington.]

The Consultant shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements

attached,

evidencing

all

required

coverages,

limits,

deductibles,

self- insured

retentions and endorsements and which is conditioned upon the County receiving thirty ( 30) days prior written notice of reduction

in coverages,

cancellation

or non- renewal.

Each Certificate of

Insurance and all insurance notices shall be provided to the attention of the project manager. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Consultant under this Agreement. All insurance policy deductibles and self-

insured retentions for policies maintained under this Agreement shall be paid by the Consultant.

Compensation and/ or payments due to the Consultant under this Agreement are expressly conditioned upon the Consultant' s strict compliance with all insurance requirements. Payment to the Consultant shall be suspended in the event of non- compliance. Upon receipt of evidence of

Consultant' s compliance, payments not otherwise subject to withholding or set- off will be released to the Consultant. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims- made policy, the Extended Reporting Period Endorsement is not required.

Page 2

Attachment GIBBS& Rate&

E

OLSON, INC. 2023 Standard Reimburseables

Schedule

Hourly Labor

Rate

Category

240

Principal PM/ Sr. Project

210

Engineer

Engineer

VI

196

Engineer

V

187

Engineer

IV

170

Engineer

III

152

Engineer

II

145

Engineer

I

130

Design Technician

115

II

Sr. Land Surveyor

155

Land Surveyor

120

1 Man

Crew

120

Survey Crew 3 Man Survey Crew

195

Survey

2 Man

Senior

280

Tech III/ Resident

Project

Senior Technician

II/ Resident

Project Representative

Senior

I/ Resident

Project

Technician

Representative

II. I

I

Technician

Grant/

Administrative

Assistant

Contract/

Financial Specialist

102

135 84

Equipment Level/

115

70

Environmental/

Digital

130

Rep III

Rates 10

Total Station

Robotic Total Station

25

GPS Equipment

35

GPS&

per unit

Robotic Total Station

Laser Scanner/

75 95

Sonar

16' Aluminum

Boat

Rotohammer&

w/

Outboard Motor

125/ Day 20

Generator

ATV

125/ Day

Mileage C4) Current Expenses

0. 655

IRS Rate

12%

At Cost Plus

Subconsultants Geotech,

Elect., Structural,

Lab, Etc.) Invoice Plus

12%

Photocopying/ Plotting 8. 5"

x

11" black&

8. 5" x 11"

color

11"

x

17 black&

11"

x

17"

Expert Witness

per each per each

white

0. 10 0. 20 0. 20

per each

0. 40

square foot

0. 80

color

plotting per

per each

white

Fees

are

Rates subject to change

150% of listed rates above.

January 1st of following year.

Page 1

AS-13998 Motion Items BOCC Agenda Meeting Date: 02/18/2025 Agreement 25-020 with Housing Authority of the City of Longview Submitted For: Gena James Submitted By: Wheeldon Jennifer Department: Health/Human Services

11.

Information Subject and Summary Statement The purpose of this agreement between Cowlitz County Health & Human Services and Housing Authority of the city of Longview d/b/a Housing Opportunities of Southwest Washington (HOSWWA) is to provide supportive housing and case management services for residents and their children residing at Phoenix House.

This agreement is cost reimbursement based, not to exceed $133,250.00 for the period of January 1, 2025 through December 31, 2025. This contract may be funded through WA State Department of Commerce Consolidate Homeless Grant (CHG) and/or Document Recording Fees as applicable.

Contract/SOW Name

Current

Change

Total

Time Period

25-020 HOSWWA PH

0

+$133,250.00

$133,250.00

1/1/25-12/31/25

Will Staff Attend - NAME OF STAFF Gena James will attend.

Department Recommendation It is the recommendation of the Cowlitz County Health & Human Services that the Cowlitz County Board of Commissioners move to approve Contract 25-020 with Housing Opportunities of Southwest Washington.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

_________________________________________ Richard R. Dahl, Chairman

_________________________________________ Steven L Ferrell, Commissioner

_________________________________________ Steve Rader, Commissioner ATTEST:

_________________________________________ ,Clerk of the Board Date _____________________________________

Fiscal Impact Expenditure Required $: 133,250 Budget Sufficient Y-N: y Amendment Required Y-N: n Source of Funds - What Dept ? : 18401 Grant Y-N: y Attachments Original Form Review Inbox Reviewed By Jamie Hopps Jamie Hopps Gena James Gena James Form Started By: Wheeldon Jennifer Final Approval Date: 02/11/2025

Date 02/05/2025 11:35 AM 02/07/2025 08:10 AM Started On: 02/03/2025 02:27 PM

SUBRECIPIENT GRANT AGREEMENT Number: 25-020 1. Purpose of Subrecipient Grant Agreement. This Subrecipient Grant Agreement (“Agreement”) is made by and between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called “County” or “Cowlitz County”) and Housing Authority of the City of Longview d/b/a Housing Opportunities of Southwest Washington (hereinafter called “Subrecipient”) to set forth the terms and conditions by which the County will provide the Subrecipient with a grant award to be used to pay or reimburse necessary expenditures incurred for permanent, supportive housing and case management services for residents and their children residing at the Phoenix House.

2. Term. This Agreement shall take effect on January 1, 2025 and terminate on December 31, 2025.

3. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures consistent and as detailed in Attachment A - Scope of Work for Project (the “Project”).

4. Grant Award. The Subrecipient is awarded a total of $133,250.

5. Budget. The Grant Award shall be expended by the Subrecipient as set forth in Attachment B Budget.

6. Subrecipient Responsibilities. Subrecipient agrees to administer the Grant Award proceeds consistent with this Agreement. Subrecipient shall provide the County with certification using the form of Attachment C that Grant Award funds will be used for eligible expenditures. Subrecipient shall request payment from the County as outlined in Attachment B. 7. Reporting Requirements. In addition to the responsibilities outlined herein and in Attachment A - Scope of Work for Project, at least once a quarter, and at the conclusion of either the grant expenditure or the grant contract period, the Subrecipient shall provide a report on the progress made to date on the Project, using such forms and meeting such requirements as determined by the County. Such reports shall be provided by the Subrecipient to the County electronically to the County’s Project Manager identified herein.

8. Access to and Maintenance of Records. Subrecipient shall maintain internal controls, accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County, for a period of six (6) years to ensure proper accounting for all Grant Award funds and compliance with this Agreement. Subrecipient acknowledges that records may be subject to disclosure under the Public Records Act, Chapter 42.56 RCW. Subrecipient agrees that the County or any duly authorized representatives shall have at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of Subrecipient which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions.

9. Termination. The following provisions apply regarding termination of this Agreement: a. Termination for Loss of Funding. The County shall have the right to terminate this Agreement upon advance written notice if the funds relied upon for the Grant Award are terminated, suspended, or otherwise lost or impaired in whole or in part.

25-020 Last Date Revised: 01/22/2025 Admin Form: 1615.2

1 of 31

GRANT AGREEMENT b. Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least 30 days’ advance written notice. In that event, the Subrecipient will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date of the termination. c. Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days of notice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

However, if a notice of termination for default has been issued and it is later determined for any reason that the Subrecipient 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.

10. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a. The Subrecipient shall cease to perform hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b. The Subrecipient shall provide the County with an accounting of authorized services provided through the effective date of termination.

11. Conflict of Interest. Subrecipient designees, agents, members, officers, employees, consultants, and any other public official who exercise or who has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Project, are barred from any interest, direct or indirect, in any grant or proceeds of the Project, or benefit therefrom, which is part of this Agreement at any time during or after such person’s tenure.

12. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any dispute regarding or arising out of this Agreement shall be Cowlitz County Superior Court.

13. Personnel. The Subrecipient will secure at its own expense all labor and materials required to perform any work in connection with the Project. The Subrecipient shall be responsible for all applicable payroll, labor and industries premiums, and taxes. All employees and subcontractors of the Subrecipient shall be covered by Industrial Insurance in full compliance with Title 51 RCW. The Subrecipient shall defend and indemnify the County, and their officials, officers, employees, and agents from and against all claims arising from any actual or alleged violation of the Subrecipient’s duties under this section or applicable law. Solely for the purposes of this indemnification provision, the Subrecipient expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. The Subrecipient’s duty to defend and indemnify shall survive the termination of this Agreement.

14. Contract Representatives. The parties’ designated representatives shall be responsible for the administration of this Agreement and for receiving notices given in connection with this Agreement. The following are designated as the representatives of the parties:

Name: Title: Department:

For the County: Gena James Deputy Director Health & Human Services

Address:

1952 9th Ave

25-020 Last Date Revised: 01/09/2025 Admin Form: 1615.2

For the Subrecipient: Jennifer Westerman Chief Executive Officer Housing Authority of the City of Longview d/b/a Housing Opportunities of Southwest Washington 820 11th Ave

2 of 31

GRANT AGREEMENT

Telephone: E-mail: Fax:

Longview, WA 98632 (360) 414-5599 HHSContracts@cowlitzwa.gov (360) 425-7531

Longview, WA 98632 (360) 423-0140 Jennifer.Westerman@hoswwa.org UEI: K1VTW1HM5437 UBI: 601-144-735

15. Notices. Any notice required or permitted to be made under this Agreement may be given personally, by facsimile, or by first-class, registered or certified mail. A notice personally delivered to the other party is deemed given upon proper delivery. A notice sent by first-class, registered or certified mail is deemed given three days after mailing, if properly addressed and having proper postage. Notices delivered by facsimile shall be deemed to have been given on the date of transmission if received during the recipient’s business day or, if not, on the recipient’s next business day.

16. Insurance Requirements. The Subrecipient shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Subrecipient or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death.

Property damage ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail).

$1,000,000 $1,000,000 $2,000,000

Per occurrence Per occurrence Aggregate

$1,000,000 $2,000,000

Per occurrence Aggregate

WORKERS COMPENSATION:

Statutory amount Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap: $1,000,000

Per occurrence

AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability $1,000,000 Combined Single Limit All Subrecipient’s and Subrecipient’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Subrecipient’s and Subrecipient’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Subrecipient shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington.

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GRANT AGREEMENT Any deductibles and/or self-insured retentions exceeding $10,000 or any stop-loss provisions, the County shall have the right to request and review the Subrecipient’s most recent annual financial reports and audited financial statements as a condition of approval.

Subrecipient hereby agrees to waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Subrecipient to enter into a pre-loss agreement to waive subrogation without an endorsement, then Subrecipient agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Subrecipient enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Subrecipient’s and Subrecipient’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Subrecipient and subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Subrecipient is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Subrecipient shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Subrecipient under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the Subrecipient.

Compensation and/or payments due to the Subrecipient under this Agreement are expressly conditioned upon the Subrecipient’s strict compliance with all insurance requirements. Payment to the Subrecipient shall be suspended in the event of non-compliance. Upon receipt of evidence of Subrecipient’s compliance, payments not otherwise subject to withholding or set-off will be released to the Subrecipient. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is not required.

17. Indemnification. To the fullest extent permitted by the law, the Subrecipient shall indemnify, defend, and hold harmless Cowlitz County and the officials, officers, employees, and agents of each of them, from and against all claims in any way resulting from or arising out of the performance of this Agreement, whether such claims arise from the acts, errors or omissions of the Subrecipient, its subcontractors, third parties, Cowlitz County, or anyone directly or indirectly employed by any of them or anyone for whose acts, errors or omissions any of them may be liable. “Claim” means any loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever, including but not limited to attorneys’ fees and costs, attributable to personal or bodily injury, sickness, disease, or death, or to injury to or destruction of property, including the loss of use resulting therefrom. The Subrecipient’s duty to indemnify, defend, and home harmless includes not is not limited to claims by the Subrecipient’s or any subcontractor’s officers, employees, or agents. The Subrecipient’s duty, however, does not extend to claims arising from the sole negligence or willful misconduct of Cowlitz County, or tis officials, officers, employees,

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GRANT AGREEMENT and agents. Solely for the purposes of this indemnification provision, the Subrecipient expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement.

18. Debarment Certification. The Subrecipient, by signature to this Agreement, certifies that the Recipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in this Agreement by any federal department or agency from participating in transactions (Debarred). The Subrecipient also agrees to include the above requirement in all subcontracts into which it enters. The Subrecipient shall immediately notify the County if, during the term of this Contract, the Subrecipient becomes debarred. The County may immediately terminate this Contract by providing Subrecipient written notice if Subrecipient becomes debarred during the term hereof.

19. The Subrecipient is bound to follow all applicable terms of the Washington State Department of Commerce Consolidated Homeless Grant (CHG Contract), which is attached hereto as Attachment E. Additionally, Subrecipient agrees that Washington State Department of Commerce and the State of Washington are not liable for claims or damages arising from Subrecipient’s performance under this Agreement.

20. Compliance with Laws. The Subrecipient and its officials, officers, employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, regulations, rules, and policies. The County shall have no obligation to ensure such compliance.

21. Religious Activities. If the Subrecipient is a faith-based or religious organization, it retains its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. Such a subrecipient, however, may not use any funding provided under this Agreement to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization, nor may such a subrecipient condition the provision of services provided pursuant to this Agreement upon a participant’s engaging in any such explicitly religious activities.

22. Permissible Use Warranty. The Recipient recognizes and agrees that the Grant Award consists of both document recording surcharge funds and ‘pass-through’ funds coming from WA State Department of Commerce Consolidated Homeless Grant. The Recipient warrants that its planned and actual uses of the Grant Award herein constitute permissible uses for document recording surcharge funds as established by 36.22.250(3)(b). The Recipient also agrees to use the Grant Award funds awarded to it in accordance with Attachment A and in accordance with all applicable rules and requirements from WA State Department of Commerce Consolidated Homeless Grant. The Recipient warrants that its planned and actual uses of the Grant Award herein constitute permissible uses consistent with Attachment A and the pass-through funding requirements discussed immediately above. This section shall survive termination of this Agreement.

23. Organizational Status Warranty. The Subrecipient warrants that it is duly organized, existing and in good standing under the laws of the State of Washington.

24. Relationship of the Parties. This Agreement, and the parties’ and the County’s activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency or employment relationship between the parties or the County.

25. No Third-Party Rights. This Agreement is entered into by the parties solely for their own benefit and it creates or grants no rights of any kind to any other party.

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GRANT AGREEMENT 26. Assignment. The Subrecipient shall not assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the County, which may be granted or refused at the County’s sole discretion.

27. Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach.

28. Amendment. This Agreement can only be amended in writing, and only upon execution by both parties.

29. Entire Agreement. The parties acknowledge that this Agreement is the complete expression of their agreement regarding the subject matter of this Agreement. Any oral or written representations or understandings not incorporated into this Agreement are specifically excluded.

30. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions.

31. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions that can be given effect without the invalid provision, provided that the underlying intent of the parties can still be given effect.

32. Signature Authority. Each person signing this Agreement on behalf of a party warrants that he or she has full authority to sign this Agreement on that party’s behalf.

33. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be deemed one agreement. Each counterpart may be executed and delivered by facsimile to the other party.

34. Attachments. The following attachments are incorporated into this Agreement by reference. a. Attachment A – Scope of Work for Project b. Attachment B – Budget c. Attachment C – Certification Form d. Attachment D – Retirement Certification e. Attachment E – Washington State Consolidated Homeless Grant Contract IN WITNESS WHEREOF, the parties have executed this Agreement on this 20 .

day of

SUBRECIPIENT:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Signature

Richard R. Dahl,

Chairman

Steven L. Ferrell,

Commissioner

Steve Rader,

Commissioner

,

Print name:

Title:

ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

Date

25-020 Last Date Revised: 01/09/2025 Admin Form: 1615.2

, Clerk of the Board

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GRANT AGREEMENT

ATTACHMENT A SCOPE OF WORK FOR PROJECT

. The Recipient represents and warrants that the Recipient possesses the qualifications, skills, personnel and response, and other supportive capabilities necessary to carry out this project pursuant to the terms and conditions of this Agreement.

The Recipient shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. Purpose.

Objective: Housing Opportunities of Southwest Washington (HOSWWA) will provide case management services for residents and their children residing at Phoenix House. a. HOSWWA will provide services for residents with some or all of the following attributes: completed a residential substance use disorder treatment program, involved in outpatient substance use disorder treatment and/or the Parent Child Assistance Program, have cooccurring barriers (mental health, domestic violence, chronic illness, etc.), involved with Child Protective Services, are low income. b. Phoenix House will continue to provide case management staff and support to help residents become self-sufficient and stable, refer residents to community resources, and help residents complete chemical dependency treatment and reunify with children placed out of the home. Case management staff: i. Meet with each resident weekly to support the resident in completing a selfsufficiency plan; ii. Support each resident in complying with Phoenix House rules; iii. Facilitate resident participation in group activities; and iv. Assist residents in making use of community resources. v. All Phoenix House residents will be given the opportunity to develop skills necessary to become successful in society. These opportunities will be delivered in the form of wrap around services to the parents and children to aid in their stability, education, job skills, and rental history to assist them with opportunities to obtain permanent housing outside of Phoenix House.

2. Outcomes and Measures. a. 100% of residents develop a self-sufficiency plan i. Report total number of residents, and total number of residents with a selfsufficiency plan developed b. 75% of residents participate in group activities and training opportunities identified on their self-sufficiency plan i. Report number of group activities and training opportunities provided, and number of residents who participate. c. 75% of residents make appropriate use of community resources to meet goals identified on their self-sufficiency plan i. Report number of community resources identified on self-sufficiency plans, and number of connections to those resources. d. Goal: i. 25 unduplicated parents and 25 children are served through the Phoenix House project.

3. Reporting. a. The contractor will submit reports no later than the dates outlined in the following reporting schedule. Program reports will include all items listed in section 2 Outcomes and Measures, with total numbers during reporting period and total unduplicated numbers from start of contract period.

Type of Report Time Period Due Date Program Report Jan-Mar 2025 April 30, 2025 Program Report Apr-Jun 2025 July 31, 2025

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GRANT AGREEMENT Program Report July-Sept 2025 October 31, 2025 Program Report Oct-Dec 2025 January 31, 2026 b. The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following: i. Services provided ii. Number of hours of service iii. Data Collection iv. Completed evaluation tools v. Backup reports/data for invoicing.

4. Performance monitoring. The County will monitor the Recipient’s performance by tracking work progress, reviewing payment requests for applicable costs, and ensuring that all requirements under this Agreement are met. Substandard performance as determined solely by the County constitutes noncompliance with this Agreement.

If action to correct substandard performance is not taken by the Recipient within 30 days after being notified by the County, then the County may terminate the Agreement as described herein.

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GRANT AGREEMENT

ATTACHMENT B BUDGET

1. Budget. The County shall reimburse the Recipient in an amount not to exceed $133,250.

Unspent grant proceeds will be reallocated at the discretion of the County.

Budget Budget Lines Personnel/Benefits Office Supplies/equipment Facilities (utilities/insurance) Client/Program Support Admin Expenses Total

Total 93,616 2,177 16,800 8,545 12,112 133,250

The Recipient shall budget funds awarded in such a manner to ensure availability of services throughout the entire term of this Agreement subject to available funds.

The Recipient may submit, in writing to the County Contract Representative, a request to adjust the budget at any time during the agreement period. The County will respond to all request in writing with determination. Requests may: a. Change the individual line budget, b. Not change the total agreement award.

2. Payment. Subject to Section 1, the County shall reimburse the Recipient for costs and expenses necessary to perform activities described in the Scope of Work for Project and as indicated in the CCHHS Contractor Toolkit located online at www.co.cowlitz.wa.us/cchhscontractors, and as updated. The Recipient shall ensure that requests for reimbursements are based on billings supported by appropriate documentation of costs and expenses actually incurred. Additionally, the Recipient shall ensure that invoices include receipts, reports, and other detailed documentation of charges as requested by the County Contract Representative.

The County will not process any payments for invoices received after the 15th of the month following the end of this agreement, unless prior approval from the County.

3. Invoices. The Recipient shall submit invoices using the County’s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative within this Agreement, by the Recipient, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees.

The Recipient shall submit invoices to the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the month of services were performed.

The June invoice may be due sooner than the 15th and the County will provide notification of the end of the State fiscal period due date, if applicable.

The final invoice must be received by the County no later than the 15th of the month, regardless of what day of the week the 15th falls on, following the end of this contract 4. Duplication. The Recipient assures that work performed and invoiced does not duplicate work to be charged to the County and State of Washington under any other Contract or agreement with the Recipient.

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ATTACHMENT B

5. Advance Payment. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Agreement.

6. Authorized Services. The County shall pay the Recipient only for authorized services provided in accordance with this Agreement. If this Agreement is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination.

The reference to Attachment E, CHG Contract and Consolidated Homeless Grant Guidelines provides the County flexibility in funding source for the services outlined in Attachment A only and does not authorize the Subrecipient to provides services outside of the scope of work.

Any activities related to research and development (R&D) are not allowable.

7. Recovery of Costs Claimed in Error. If the Recipient claims and the County reimburses for expenditures under this Contract which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Contract, the County shall recover those costs and the Recipient shall fully cooperate with the recovery.

8. Contractor is bound to follow all applicable terms of the [Insert State program/contract name], which is attached hereto as Attachment E. Additionally, Contractor agrees that the [Insert specific Washington State agency name] and the State of Washington are not liable for claims or damages arising from Contractor’s performance under this Agreement.

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GRANT AGREEMENT

ATTACHMENT C CERTIFICATION

I, Jennifer Westerman, am the Chief Executive Officer of Housing Authority of the City of Longview d/b/a Housing Opportunities of Southwest Washington and I certify that: 2. I have authority and approval from the governing body on behalf of Housing Authority of the City of Longview d/b/a Housing Opportunities of Southwest Washington to accept proceeds from the County per Agreement for the Phoenix House project by and between the County and Housing Authority of the City of Longview d/b/a Housing Opportunities of Southwest Washington.

3. I certify the use of funds submitted for reimbursement or payment under this agreement will be used only to cover those costs that: a. Are necessary expenditures incurred in support of the Phoenix House.

Were incurred during the period that begins on January 1, 2025 through December 31, 2025 4. I understand Housing Authority of the City of Longview d/b/a Housing Opportunities of Southwest Washington receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts and such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor.

I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code Sec. 1001, et seq. And punishment under Federal law.

Printed Name

Signature

Title

Date

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ATTACHMENT D RETIREMENT CERTIFICATION COUNTY RETAINS THIS FORM

Individual contractors and service providers must complete and sign 1. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: 1. Did you retire from one of the State of Washington Retirement Systems?

YES

NO

2. Did you retire before age 65 using the 2008 early retirement factors (ERF)?

YES

NO

3. Will you be receiving direct compensation for your services?

YES

NO

4. Will you be receiving indirect compensation for your services?

YES

NO

CONTRACTOR (Full, individual name of contractor): Signature:

Social Security No.:

Date:

SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: [Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System If YES, what system and plan?

YES

Teachers’ Retirement System (TRS)

Plan1

Plan 2

School Employees’ Retirement System (SERS)

Plan 2

Plan 3

Public Employees’ Retirement System (PERS)

Plan 1

Plan 2

Public Safety Employees’ Retirement System (PSERS)

Plan 2

NO Plan 3

Plan 3

Law Enforcement Officers’ & Fire Fighters’ Retirement System (LEOFF)

Washington State Patrol Retirement System (WSPRS)

Plan 1

Plan 2

Plan 1

Plan 2

Judicial Retirement System (JRS) 5. Is the contractor a retiree of a Washington State Retirement System?

Yes

No

6. Did the contractor retire before age 65 using the 2008 ERF?

Yes

No

I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form-MS 344 (R 5/09), and the Internal Revenue Service rules governing independent contractor status.

COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE:

Signature:

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Date: COUNTY RETAINS THIS FORM

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AS-13999 BOCC Agenda Meeting Date: 02/18/2025 Agreement 25-019 with Emergency Support Shelter Submitted For: Gena James Department: Health/Human Services

Motion Items

12.

Submitted By: Wheeldon Jennifer

Information Subject and Summary Statement The purpose of this agreement with Emergency Support Shelter is to provide funding to support shelter operations for individuals who are fleeing violence and abuse.

This agreement is cost reimbursement based, not to exceed $150,000.00 for the period of January 1, 2025 through December 31, 2025. This agreement is funded through Local Document Recording Fees.

Contract/SOW Name

Current

Change

Total

Time Period

25-019 ESS

0

+$150,000.00

$150,000.00

01/01/25-12/31/25

Will Staff Attend - NAME OF STAFF Gena James will attend.

Department Recommendation It is the recommendation of Cowlitz County Health & Human Services that the Cowlitz county Board of Commissioners move to approve Contract 25-019 with Emergency Support Shelter.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

___________________________________________ Richard R Dahl, Chairman

___________________________________________ Steven L Ferrell, Commissioner

___________________________________________ Steve Rader, Commissioner ATTEST: ___________________________________________ ,Clerk of the Board

Date________________________________________

Fiscal Impact Expenditure Required $: $150,000 Budget Sufficient Y-N: y Amendment Required Y-N: Source of Funds - What Dept ? : 18401 Grant Y-N: Attachments Original Insurance Form Review Inbox Reviewed By Jamie Hopps Jamie Hopps Gena James Gena James Form Started By: Wheeldon Jennifer Final Approval Date: 02/11/2025

Date 02/05/2025 11:39 AM 02/07/2025 08:13 AM Started On: 02/03/2025 03:28 PM

GRANT AGREEMENT Number: 25-019 1. Purpose of Grant Agreement. This Grant Agreement (“Agreement”) is made by and between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called “County” or “Cowlitz County”) and Emergency Support Shelter (hereinafter called “Recipient”) to set forth the terms and conditions by which the County will provide the Recipient with a grant award to be used to pay or reimburse necessary expenditures incurred for shelter operations.

2. Term. This Agreement shall take effect on January 1, 2025 and terminate on December 31, 2025.

3. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures consistent and as detailed in Attachment A - Scope of Work for Project (the “Project”).

4. Grant Amount. The Recipient is awarded a total of $150,000.

5. Budget. The Grant Award shall be expended by the Recipient as set forth in Attachment B Budget.

6. Recipient Responsibilities. Recipient agrees to administer the grant proceeds consistent with this Agreement. Recipient shall provide the County with certification using the form of Attachment C that grant funds will be used for eligible expenditures. Recipient shall request payment from the County as outlined in Attachment B. 7. Reporting Requirements. In addition to the responsibilities outlined herein and in Attachment A - Scope of Work for Project, at least once a quarter, and at the conclusion of either the grant expenditure or the grant contract period, the Recipient shall provide a report on the progress made to date on the Project, using such forms and meeting such requirements as determined by the County. Such reports shall be provided by the Recipient to the County electronically to the County’s Project Manager identified herein.

8. Access to and Maintenance of Records. Recipient shall maintain internal controls, accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County, for a period of six (6) years to ensure proper accounting for all grant funds and compliance with this Agreement. Recipient acknowledges that records may be subject to disclosure under the Public Records Act, Chapter 42.56 RCW. Recipient agrees that the County or any duly authorized representatives shall have at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of Recipient which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions.

9. Termination. The following provisions apply regarding termination of this Agreement: a. Termination for Loss of Funding. The County shall have the right to terminate this Agreement upon advance written notice if the funds relied upon for the grant award are terminated, suspended, or otherwise lost or impaired in whole or in part. b. Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least 30 days’ advance written notice. In that

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c.

ATTACHMENT A

event, the Recipient will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date of the termination.

Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days of notice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

However, if a notice of termination for default has been issued and it is later determined for any reason that the Recipient 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.

10. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a. The Recipient shall cease to perform hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b. The Recipient shall provide the County with an accounting of authorized services provided through the effective date of termination.

11. Conflict of Interest. Recipient designees, agents, members, officers, employees, consultants, and any other public official who exercise or who has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Project, are barred from any interest, direct or indirect, in any grant or proceeds of the Project, or benefit there from, which is part of this Agreement at any time during or after such person’s tenure.

12. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any dispute regarding or arising out of this Agreement shall be Cowlitz County Superior Court.

13. Personnel. The Recipient will secure at its own expense all labor and materials required to perform any work in connection with the Project. The Recipient shall be responsible for all applicable payroll, labor and industries premiums, and taxes. All employees and subcontractors of the Recipient shall be covered by Industrial Insurance in full compliance with Title 51 RCW. The Recipient shall defend and indemnify the County, and their officials, officers, employees, and agents from and against all claims arising from any actual or alleged violation of the Recipient’s duties under this section or applicable law. Solely for the purposes of this indemnification provision, the Recipient expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. The Recipient’s duty to defend and indemnify shall survive the termination of this Agreement.

14. Contract Representatives. The parties’ designated representatives shall be responsible for the administration of this Agreement and for receiving notices given in connection with this Agreement. The following are designated as the representatives of the parties: Name: Title: Department: Address: Telephone: E-mail: Fax:

For the County: Gena James Deputy Director Health & Human Services 1952 9th Ave Longview, WA 98632 (360) 414-5599 HHSContracts@cowlitzwa.gov (360) 425-7531

For the Recipient: Shira Lile Interim Director Emergency Support Shelter 1330 11th Ave Longview, WA 98632 (360) 535-5777 executivedirector@esshelter.com UEI: MRFUY6XNE7E4 UBI: 600-052-784

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GRANT AGREEMENT

ATTACHMENT A

15. Notices. Any notice required or permitted to be made under this Agreement may be given personally, by facsimile, or by first-class, registered or certified mail. A notice personally delivered to the other party is deemed given upon proper delivery. A notice sent by first-class, registered or certified mail is deemed given three days after mailing, if properly addressed and having proper postage. Notices delivered by facsimile shall be deemed to have been given on the date of transmission if received during the recipient’s business day or, if not, on the recipient’s next business day.

16. Insurance Requirements. The Recipient shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Recipient or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death.

Property damage ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail).

$1,000,000 $1,000,000 $2,000,000

Per occurrence Per occurrence Aggregate

$1,000,000 $2,000,000

Per occurrence Aggregate

WORKERS COMPENSATION:

Statutory amount Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap: $1,000,000

Per occurrence

AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability $1,000,000 Combined Single Limit All Recipient’s and Recipient’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Recipient’s and Recipient’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Recipient shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000 or any stop-loss provisions, the County shall have the right to request and review the Recipient’s most recent annual financial reports and audited financial statements as a condition of approval.

Recipient hereby agrees to waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit

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GRANT AGREEMENT

ATTACHMENT A

Recipient to enter into a pre-loss agreement to waive subrogation without an endorsement, then Recipient agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Recipient enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Recipient’s and Recipient’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Recipient and subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Recipient is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Recipient shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Recipient under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the Recipient.

Compensation and/or payments due to the Recipient under this Agreement are expressly conditioned upon the Recipient’s strict compliance with all insurance requirements. Payment to the Recipient shall be suspended in the event of non-compliance. Upon receipt of evidence of Recipient’s compliance, payments not otherwise subject to withholding or set-off will be released to the Recipient. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is not required.

17. Indemnification. To the fullest extent permitted by the law, the Recipient shall indemnify, defend, and hold harmless Cowlitz County and the officials, officers, employees, and agents of each of them, from and against all claims in any way resulting from or arising out of the performance of this Agreement, whether such claims arise from the acts, errors or omissions of the Recipient, its subcontractors, third parties, Cowlitz County, or anyone directly or indirectly employed by any of them or anyone for whose acts, errors or omissions any of them may be liable. “Claim” means any loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever, including but not limited to attorneys’ fees and costs, attributable to personal or bodily injury, sickness, disease, or death, or to injury to or destruction of property, including the loss of use resulting therefrom. The Recipient’s duty to indemnify, defend, and hold harmless includes not is not limited to claims by the Recipient’s or any subcontractor’s officers, employees, or agents.

The Recipient’s duty, however, does not extend to claims arising from the sole negligence or willful misconduct of Cowlitz County, or tis officials, officers, employees, and agents. Solely for the purposes of this indemnification provision, the Recipient expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement.

18. Debarment Certification. The Recipient, by signature to this Agreement, certifies that the Recipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or

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GRANT AGREEMENT

ATTACHMENT A

voluntarily excluded in this Agreement by any federal department or agency from participating in transactions (Debarred). The Recipient also agrees to include the above requirement in all subcontracts into which it enters. The Recipient shall immediately notify the County if, during the term of this Contract, the Recipient becomes debarred. The County may immediately terminate this Contract by providing Recipient written notice if Recipient becomes debarred during the term hereof.

19. Compliance with Laws. The Recipient and its officials, officers, employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, regulations, rules, and policies. The County shall have no obligation to ensure such compliance.

20. Religious Activities. If the Recipient is a faith-based or religious organization, it retains its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. Such a recipient, however, may not use any funding provided under this Agreement to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization, nor may such a recipient condition the provision of services provided pursuant to this Agreement upon a participant’s engaging in any such explicitly religious activities.

21. Permissible Use Warranty. The Recipient warrants that its planned and actual uses of the grant award herein constitute permissible uses for document recording surcharge funds as established by 36.22.250(3)(b). This section shall survive termination of this Agreement.

22. Organizational Status Warranty. The Recipient warrants that it is duly organized, existing and in good standing under the laws of the State of Washington.

23. Relationship of the Parties. This Agreement, and the parties’ and the County’s activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency or employment relationship between the parties or the County.

24. No Third-Party Rights. This Agreement is entered into by the parties solely for their own benefit and it creates or grants no rights of any kind to any other party.

25. Assignment. The Recipient shall not assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the County, which may be granted or refused at the County’s sole discretion.

26. Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach.

27. Amendment. This Agreement can only be amended in writing, and only upon execution by both parties.

28. Entire Agreement. The parties acknowledge that this Agreement is the complete expression of their agreement regarding the subject matter of this Agreement. Any oral or written representations or understandings not incorporated into this Agreement are specifically excluded.

29. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions.

30. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions that can be given effect without the invalid provision, provided that the underlying intent of the parties can still be given effect.

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GRANT AGREEMENT

ATTACHMENT A

31. Signature Authority. Each person signing this Agreement on behalf of a party warrants that he or she has full authority to sign this Agreement on that party’s behalf.

32. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be deemed one agreement. Each counterpart may be executed and delivered by facsimile to the other party.

33. Attachments. The following attachments are incorporated into this Agreement by reference. a. Attachment A – Scope of Work for Project b. Attachment B – Budget c. Attachment C – Certification Form d. Attachment D – Retirement Certification IN WITNESS WHEREOF, the parties have executed this Agreement on this 20 .

day of

RECIPIENT:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Signature

Richard R. Dahl,

Chairman

Steven L. Ferrell,

Commissioner

Steve Rader,

Commissioner

,

Print name:

Title:

ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

Date

25-019 Last Date Revised: 1/09/2025 Admin Form: 1615

, Clerk of the Board

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GRANT AGREEMENT

ATTACHMENT B SCOPE OF WORK FOR PROJECT

The Recipient represents and warrants that the Recipient possesses the qualifications, skills, personnel and response, and other supportive capabilities necessary to carry out this project pursuant to the terms and conditions of this Agreement.

The Recipient shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. Purpose.

Objective: Provide domestic violence shelter and supportive services for individuals who are fleeing violence and abuse. a. The contractor will provide immediate access to safe and secure emergency shelter with 24/7 access to an advocate. b. Provide case management and assist with individualized safety planning and protection orders, if needed. c. Services will be provided using a trauma informed approach. All services are voluntary and are rooted in a person centered framework. d. All who are fleeing domestic violence who want to access housing and housing related services will have access to the Coordinated Entry process. e. Services will be documented through the Homeless Management Information System (HMIS) following applicable HMIS guidelines and data quality standards for victim service providers found here: https://www.commerce.wa.gov/servingcommunities/homelessness/hmis/ 2. Outcomes and Measures. a. Those fleeing domestic violence can seek immediate safety from further harm i. Report total number of calls for shelter ii. Report number of households and individuals sheltered iii. Report nights of shelter provided to women and children b. Those fleeing domestic violence have a plan for safety and protection i. Report number of individuals assisted with protection orders ii. Report number of individuals assisted with creation of safety plan c. Those fleeing domestic violence will have safe and secure access to the Coordinated Entry system i. Report number of individuals for whom shelter was diverted d. Goals: i. 70 households sheltered ii. 550 crisis calls iii. 3,600 nights of shelter provided iv. 50 protection orders completed v. 300 safety plans completed vi. 55 households will be prevented from entering the homeless system through diversion efforts 3. Reporting. a. The contractor will submit reports no later than the dates outlined in the following reporting schedule.

Type of Report Time Period Due Date Program Report Jan-Mar 2025 April 30, 2025 Program Report Apr-June 2025 July 31, 2025 Program Report July-Sept 2025 October 31, 2025 Program Report Oct-Dec 2025 January 31, 2026 b. The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following:

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GRANT AGREEMENT i. ii. iii. iv. v.

ATTACHMENT A Services provided Number of hours of service Data Collection Completed evaluation tools Backup reports/data for invoicing.

4. Performance monitoring. The County will monitor the Recipient’s performance by tracking work progress, reviewing payment requests for applicable costs, and ensuring that all requirements under this Agreement are met. Substandard performance as determined solely by the County constitutes noncompliance with this Agreement.

If action to correct substandard performance is not taken by the Recipient within 30 days after being notified by the County, then the County may terminate the Agreement as described herein.

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GRANT AGREEMENT

ATTACHMENT B BUDGET

1. Budget. The County shall reimburse the Recipient in an amount not to exceed $150,000.

Unspent grant proceeds will be reallocated at the discretion of the County.

Budget Budget Lines Personnel Program Expenses (Supplies, Insurance Utilities) Shelter Operation Match Funds (to be used to match private donations) Indirect Total

Total 80,000 10,000 50,000 10,000 150,000

The Recipient shall budget funds awarded in such a manner to ensure availability of services throughout the entire term of this Agreement subject to available funds.

The Recipient may submit, in writing to the County Contract Representative, a request to adjust the budget at any time during the agreement period. The County will respond to all request in writing with determination. Requests may: a. Change the individual line budget, b. Not change the total agreement award.

2. Payment. Subject to Section 1, the County shall reimburse the Recipient for costs and expenses necessary to perform activities described in the Scope of Work for Project and as indicated in the CCHHS Contractor Toolkit located online at www.co.cowlitz.wa.us/cchhscontractors, and as updated. The Recipient shall ensure that requests for reimbursements are based on billings supported by appropriate documentation of costs and expenses actually incurred. Additionally, the Recipient shall ensure that invoices include receipts, reports, and other detailed documentation of charges as requested by the County Contract Representative.

The County will not process any payments for invoices received after the 15th of the month following the end of this agreement, unless prior approval from the County.

3. Invoices. The Recipient shall submit invoices using the County’s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative within this Agreement, by the Recipient, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees.

The Recipient shall submit invoices to the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the month of services were performed.

The final invoice must be received by the County no later than the 15th of the month, regardless of what day of the week the 15th falls on, following the end of this contract 4. Duplication. The Recipient assures that work performed and invoiced does not duplicate work to be charged to the County and State of Washington under any other Contract or agreement with the Recipient.

5. Advance Payment. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Agreement.

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GRANT AGREEMENT

ATTACHMENT B

6. Authorized Services. The County shall pay the Recipient only for authorized services provided in accordance with this Agreement. If this Agreement is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination.

Any activities related to research and development (R&D) are not allowable.

7. Recovery of Costs Claimed in Error. If the Recipient claims and the County reimburses for expenditures under this Contract which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Contract, the County shall recover those costs and the Recipient shall fully cooperate with the recovery.

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GRANT AGREEMENT

ATTACHMENT C CERTIFICATION

I, Shira Lile, am the Interim Director of Emergency Support Shelter and I certify that: 2. I have authority and approval from the governing body on behalf of Emergency Support Shelter to accept proceeds from the County per Agreement for the shelter operations project by and between the County and Emergency Support Shelter.

3. I certify the use of funds submitted for reimbursement or payment under this agreement will be used only to cover those costs that: a. Are necessary expenditures incurred in support of the shelter operations.

Were incurred during the period that begins on January 31, 2025 through December 31, 2025.

4. I understand Emergency Support Shelter receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts and such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor.

I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code Sec. 1001, et seq. And punishment under Federal law.

Printed Name

Signature

Title

Date

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GRANT AGREEMENT

ATTACHMENT D RETIREMENT CERTIFICATION COUNTY RETAINS THIS FORM

Individual contractors and service providers must complete and sign 1. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: 1. Did you retire from one of the State of Washington Retirement Systems?

YES

NO

2. Did you retire before age 65 using the 2008 early retirement factors (ERF)?

YES

NO

3. Will you be receiving direct compensation for your services?

YES

NO

4. Will you be receiving indirect compensation for your services?

YES

NO

CONTRACTOR (Full, individual name of contractor): Signature:

Social Security No.:

Date:

SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: [Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System If YES, what system and plan?

YES

Teachers’ Retirement System (TRS)

Plan1

Plan 2

School Employees’ Retirement System (SERS)

Plan 2

Plan 3

Public Employees’ Retirement System (PERS)

Plan 1

Plan 2

Public Safety Employees’ Retirement System (PSERS)

Plan 2

NO Plan 3

Plan 3

Law Enforcement Officers’ & Fire Fighters’ Retirement System (LEOFF)

Washington State Patrol Retirement System (WSPRS)

Plan 1

Plan 2

Plan 1

Plan 2

Judicial Retirement System (JRS) 5. Is the contractor a retiree of a Washington State Retirement System?

Yes

No

6. Did the contractor retire before age 65 using the 2008 ERF?

Yes

No

I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form-MS 344 (R 5/09), and the Internal Revenue Service rules governing independent contractor status.

COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE:

Signature:

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Date: COUNTY RETAINS THIS FORM

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Issue Date 5/23/2024

Cert #:0000025720

NON PROFIT INSURANCE PROGRAM CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).

PROGRAM ADMINISTRATOR

COMPANIES AFFORDING COVERAGE

Clear Risk Solutions 451 Diamond Drive Ephrata, WA 98823

GENERAL LIABILITY NPIP / Munich Re. et al.

AUTOMOBILE LIABILITY NPIP / Munich Re. et al.

COVERED PARTY Emergency Support Shelter

PROPERTY NPIP / Munich Re. et al.

1330 11th Avenue Longview, WA 98632

MISCELLANEOUS PROFESSIONAL LIABILITY NPIP / Munich Re. et al.

COVERAGES THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH COVERAGE AGREEMENT. LIMITS SHOWN BELOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. LINE OF COVERAGE

COVERAGE NUMBER

GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY

NPIP242533992

EFF DATE

EXP DATE

6/1/2024

DESCRIPTION

LIMITS

PER OCCURRENCE

$5,000,000

PER MEMBER AGGREGATE PRODUCT-COMP/OP PERSONAL & ADV. INJURY ANNUAL POOL AGGREGATE

$10,000,000 $5,000,000 $5,000,000 $50,000,000

6/1/2025

COMBINED SINGLE LIMIT ANNUAL POOL AGGREGATE

$5,000,000 NONE

6/1/2025

ALL RISK PER OCC EXCL EQ & FL

$100,000,000

EARTHQUAKE PER OCC FLOOD PER OCC ANNUAL POOL AGGREGATE

Excluded Excluded NONE

PER CLAIM

$5,000,000

ANNUAL POOL AGGREGATE

$40,000,000

6/1/2025

OCCURRENCE FORM INCLUDES STOP GAP – EMPLOYERS LIABILITY (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) AUTOMOBILE LIABILITY ANY AUTO NPIP242533992 6/1/2024 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) PROPERTY NPIP242533992

6/1/2024

(PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) MISCELLANEOUS PROFESSIONAL LIABILITY NPIP242533992

6/1/2024

(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)

6/1/2025

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding grants received. Cowlitz County is named as Additional Covered Party regarding these grants only and is subject to Coverageterms, conditions and exclusions.

CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT PROVISIONS. CERTIFICATE HOLDER Cowlitz County 207 Fourth Ave North Kelso, WA 98626

AUTHORIZED REPRESENTATIVE

Coverage Number: NPIP242533992 Cert #:0000025720

Effective Date: 6/1/2024 Issue Date 5/23/2024

ADDITIONAL COVERED PARTY – DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT. PLEASE READ IT CAREFULLY This endorsement modifies Coverage provided under the following: GENERAL LIABILIT Y COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company, the following applies.

SCHEDULE Person or Organization (Additional Covered Party): Cowlitz County 207 Fourth Ave North Kelso, WA 98626 Description of Activities / Operations / Designated Premises: Regarding grants received. Cowlitz County is named as Additional Covered Party regarding these grants only and is subject to Coverageterms, conditions and exclusions.

A.

With respects to the General Liability Coverage Part only, the definition of Covered Party in the Liability Conditions, Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the Person or Organization shown in the above Schedule. Such Person or Organization is a Covered Party only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1.

2.

B.

In performance of your ongoing operations; or In connection with your premises owned or rented to you.

The Limits of Coverage applicable to the additional Covered Party are those specified in either the: 1.

2.

Written contract or written agreement; or Declarations for this Coverage Agreement,

whichever is less. The se Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations.

All other terms and conditions remain unchanged.

AS-14004 Motion Items BOCC Agenda Meeting Date: 02/18/2025 Contract 25-016 with Community House on Broadway - Coordinated Entry Submitted For: Gena James Submitted By: Wheeldon Jennifer Department: Health/Human Services

13.

Information Subject and Summary Statement This agreement with Community House on Broadway sets forth the terms and conditions to operate as a coordinated entry access point. The objective is to connect households who are experiencing homelessness or who are at risk of becoming homeless with the most appropriate community resources, housing options, and needed support services.

This agreement is cost reimbursement based not to exceed $25,000.00 for the period of January 1, 2025 through December 31, 2025, funded through a grant from the Washington State Department of Commerce.

Contract/SOW Name

Current

Change

Total

Time Period

25-016 CHOB CE

0

+$25,000.00

$25,000.00

1/1/25-12/31/25

Will Staff Attend - NAME OF STAFF Gena James will attend.

Department Recommendation It is the recommendation of the Cowlitz County Health & Human Services that the Cowlitz County Board of Commissioners move to approve Contract 25-016, with Community House on Broadway.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

________________________________________ Richard R Dahl, Chairman

________________________________________ Steven L Ferrell, Commissioner

________________________________________ Steve Rader, Commissioner ATTEST:

________________________________________ ,Clerk of the Board Date ____________________________________

Fiscal Impact Expenditure Required $: $25,000 Budget Sufficient Y-N: y Amendment Required Y-N: Source of Funds - What Dept ? : 18401 Grant Y-N: Attachments Original Insurance Form Review Inbox Reviewed By Jamie Hopps Jamie Hopps Jamie Hopps Jamie Hopps Gena James Gena James Form Started By: Wheeldon Jennifer Final Approval Date: 02/11/2025

Date 02/05/2025 12:24 PM 02/05/2025 12:35 PM 02/07/2025 08:14 AM Started On: 02/05/2025 11:28 AM

PROFESSIONAL SERVICES AGREEMENT Contract Number: 25-016 THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called “County” or “Cowlitz County”) and Name: Address: Phone No: UEI: UBI:

Community House on Broadway PO Box 403 Longview, WA 98632 360-425-8679 F3GBRFKRNMW1 601-064-856

(hereinafter called “Contractor”).

This Agreement is comprised of: Attachment A – Scope of Work Attachment B – Compensation Attachment C – General Conditions Attachment D – Special Terms and Conditions and Retirement Status Form (signature required) Exhibit A – Cowlitz County Coordinated Entry Policies and Procedures Provider Manual Exhibit B – CHG State Contract copies of which are attached hereto and incorporated herein by this reference as if fully set forth.

The term of this Agreement shall commence on the 1st day of January, 2025 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2025.

IN WITNESS WHEREOF, the parties have executed this Agreement on this ________ day of _____________, 20____.

RECIPIENT:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Signature

Richard R. Dahl,

Chairman

Steven L. Ferrell,

Commissioner

Steve Rader,

Commissioner

Print name:

Title:

ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

Date

, Clerk of the Board

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PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT A SCOPE OF WORK

The contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. Community House on Broadway a. Objective: Operate as a Coordinated Entry (CE) access point to efficiently and effectively connect Cowlitz County households experiencing homelessness or who are at risk of becoming homeless with the most appropriate community resources, housing options, and needed support services with a primary goal of completing accurate referrals to programs required to fill program openings through CE. b. Access points will include Community House on Broadway, Core Health Extended Support Services, and Core Health Social Support Center. c. The contractor will prevent and divert households at risk of homelessness as often as possible from the homeless system through strategies that include, but are not limited to encouragement, coaching, exploring friend/family options, community resources, and problem solving. d. The contractor will assure households fleeing or attempting to flee violence will be connected with the Emergency Support Shelter. e. The contractor will attend monthly partner provider meetings with the County to review referral flow between coordinated entry access points and partner providers. f. Services will be documented through the Homeless Management Information System (HMIS) following applicable HMIS guidelines and data quality standards, including upcoming CE specific data entry standards issued by the Department of Commerce found here: https://www.commerce.wa.gov/serving-communities/homelessness/hmis/ g. The contractor will assure compliance with Exhibit A Cowlitz County Coordinated Entry Policies and Procedures Provider Manual, provided within and as updated. h. The contractor will maintain close collaboration with the County on any identified system changes including, but not limited to, programmatic, access, assessment, referral, and/or data. i. Expectations of Contractor i. Flexibility – the design of the CE is a work in progress while we align with state requirements. Policies, procedures and tools will be adjusted and refined by the County over time. ii. Mobility – CE access points must be able to work with homeless people wherever they are. iii. Collaborative Approach – the CE access points must have the ability to build and maintain strong and effective working partnerships with shelters and housing partners. iv. Communication – CE access points must have the ability to communicate how the system works to individuals who are homeless, providers, and the public. v. Resource Referral – CE access points will engage in resource referral for individuals seeking information on community resources. vi. Objectivity – successful operation of the CE requires that the access point use consistency and fairness in applying all policies and procedures and use of tools. vii. Problem Solving – CE access points must embrace a problem-solving approach to addressing homelessness. To be effective, access points must employ staff who are skilled at problem-solving and understand how to adopt a strengths-based and clientcentered approach to all aspects of service delivery. viii. Systems Thinking – the CE access points are an essential component of the County’s homeless response system. To successfully operate as a CE access point, the selected provider must embrace a systems-thinking approach, understanding that the main purpose of CE is to streamline access to specific housing resources that are identified as the CE participating projects. ix. Data-informed – CE is a critical source of information about who enters homelessness in the County. The data collected will be used for ongoing and continuous system improvement. The CE access points must have strong commitment to data quality and a willingness to be data-informed.

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x. These services may only be provided by the contractor, no portion may be delegated or subcontracted to any other individual, firm or entity. j. The Contractor shall comply with all applicable requirements, policies and procedures in the Consolidated Homeless Grant Guidelines found here and as updated: https://www.commerce.wa.gov/serving-communities/homelessness/consolidated-homelessgrant/ k. Outcomes and Measures: i. Households experiencing homelessness or at risk of homelessness have access to Coordinated Entry and are connected to available housing resources and other community resources. ii. The following outcomes/outputs will be used to evaluate the performance of CE access points: 1. Number of households with Targeted Eligibility Screenings, Resource Screenings, Assessments, and housing referrals completed per access point.

2. Households receive an assessment within 10 days of request from County (Target: 80%) 3. HMIS data entry timeliness, within 2 days (48 hours) 4. HMIS data quality, completeness and accuracy (Target: 95%) 2. Reporting: The contractor will submit reports no later than the dates outlined in the following reporting schedule.

Type of Report Time Period Due Date Targeted Eligibility Screening Monthly 15th of the month following the month of service 3. Additional Requirements: The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following: a. Services provided b. Number of hours of service c. Data Collection d. Completed evaluation tools e. Backup reports/data for invoicing.

4. Site Visits: The contractor will coordinate visits with the County Project Manager for contract compliance, organizational due diligence, program evaluation, technical assistance, and Continuous Quality Improvement.

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ATTACHMENT B COMPENSATION

As consideration for services, as described in the Scope of Work section of this Agreement and as indicated in the CCHHS Contractor Toolkit located online at www.co.cowlitz.wa.us/cchhscontractors, and as updated, the County agrees to pay the Contractor based on the specific conditions below, a sum not to exceed budget amounts of $25,000 during the period January 1, 2025 through December 31, 2025.

1. General Conditions a. Budget i. The Contractor may submit, in writing to the County Project Manager, a request to adjust the budget at any time during the contract period. The County will respond to all requests in writing with a determination. Requests may: 1. Change the individual line budget, 2. Not change the total contract award.

Budget Budget Lines Total Personnel $22,600.00 Other (Insurance, office supplies, etc.)

2,400.00 Total $25,000.00 ii. Any funds not utilized at the end of the contract period will be reallocated at the discretion of the County. iii. The Contractor shall budget funds awarded in such a manner to ensure availability of services throughout the entire term of this Contract subject to available funds. b. Billing i. The Contractor shall ensure all expenditures for services and activities under this Contract are: 1. Allowable costs, which are in accordance with Attachment A Scope of Work 2. Incurred are within the period of performance of this Contract 3. All documentation including reports must be submitted with the billing documents.

4. Work performed and invoiced does not duplicate work to be charged to the County under any other Contract or agreement with the Contractor.

5. Not utilized for R&D related activities.

6. The reference to Exhibit B, CHG Contract and Consolidated Homeless Grant Guidelines provides the County flexibility in funding source for the services outlined in Attachment A only and does not authorize the Contractor to provide services outside of the scope of work. c. Invoice i. The Contractor shall submit invoices using the County’s form, or such other form as designated by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Program Manager within this Contract, by the Contractor, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees. ii. The Contractor shall submit a monthly invoice to the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the month of services were performed. iii. The June invoice may be due sooner than the 15th and the County will provide notification of the end of the State fiscal period due date, if applicable. iv. The final invoice must be received by the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the end of this contract. d. Payment i. County Obligation for Payment

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1. The County agrees to make payment, as approved by the Auditor of Cowlitz County, with County warrants on a calendar day specified by the County, contingent on the availability of funds, following receipt of the Contractor’s complete and accurate request for payment.

2. The County shall not be obligated to reimburse the Contractor for any services or activities, performed prior to the effective date of this Contract.

3. The County will not process any payments for invoices received after the 15th of the month following the end of this contract, unless prior approval from the County.

4. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Contract.

5. The County shall pay the Contractor only for authorized services provided in accordance with this Contract. If this Contract is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination. e. Recovery of Costs Claimed in Error: If the Contractor claims and the County reimburses for expenditures under this Contract which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Contract, the County shall recover those costs and the Contractor shall fully cooperate with the recovery.

2. Program Specific Conditions: a. Fraud and other loss reporting.

The Contractor shall report in writing all known or suspected fraud or other loss of any funds or property furnished under this contract immediately or as soon as practicable to the County and Commerce Representative identified in Exhibit B.

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ATTACHMENT C GENERAL CONDITIONS

1. Scope of Contractor’s Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein.

2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.

3. Delegation and Subcontracting. Contractor’s services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager.

4. 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.

The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment 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 Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed.

5.

6.

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8.

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Notwithstanding any determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees.

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.

Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations.

Right to Review. This contractor is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. 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 six (6) years after contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours.

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

Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of

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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. 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 agrees to bear any extra expenses incurred by the County in completing the work, 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.

10. 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 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.

11. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a. The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b. The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c. If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability.

12. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor’s or its Subcontractor’s performance or failure to perform this Agreement.

It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any way connected with this Agreement. 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.

13. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

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

15. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this Clause.

16. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

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

18. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys’ fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor’s alleged infringement on any patent or copyright.

The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees 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.

19. 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. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

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In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive.

Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b. Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager 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 ten (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 shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (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.

20. The Contractor and the County understand and agree that this Agreement is a subcontract of the Professional Services Contract for the Consolidated Homeless Grant between Washington State Department of Commerce (Commerce) and Cowlitz County (the “CHG Contract”). A true and correct executed copy of the CHG Contract is attached as Exhibit B. Under General Terms and Conditions, Section 6 of the CHG Contract, it provides that all work product (as defined in the CHG Contract) will be owned by Commerce consistent with Section 6 of the CHG Contract. Additionally, except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply: a. Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract. b. Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney’s fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the “Notice” provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure.

Notwithstanding the above, the Contractor must not take any action that would affect (a) the County’s ability to use goods and services provided under this Contract or (b) the Contractor obligations under this Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

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Contractor’s failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys’ fees, and/or any other expenses as a result of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms “public records” and “agency” shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement.

21. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manger’s sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform.

22. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager, For purposes of this Agreement, the County Project Manager is: Name: Gena James Title: Deputy Director Department: Health & Human Services Address: 1952 9th Ave Longview, WA 98632 Telephone: (360) 414-5599 E-mail: HHSContracts@cowlitzwa.gov Fax: (360) 425-7531 In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor’s right to appeal that decision as provided herein.

23. Non-Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sec, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap.

24. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontractors entered into, County is named as an express third-party beneficiary of such contracts with full rights as such.

25. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties.

26. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard.

27. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work.

28. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page.

29. 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.

30. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal, state and local statues, ordinances and regulations; b. Scope of Work (Attachment A) and Compensation (Attachment B); c.

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c. Special Terms and Conditions (Attachment D); and d. General Conditions (Attachment C). e. Any other material incorporated herein by reference.

31. 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.

32. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees.

33. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party.

34. Survival. Without being exclusive, Paragraphs 4, 7, 13-19, 21-22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.

35. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein.

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ATTACHMENT D

SPECIAL TERMS AND CONDITIONS 1. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death. $1,000,000 Per occurrence Property damage $1,000,000 Per occurrence $2,000,000 Aggregate ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail). $1,000,000 Per occurrence $2,000,000 Aggregate WORKERS COMPENSATION:

Statutory amount Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap: $1,000,000

Per occurrence

AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability $1,000,000 Combined Single Limit All Contractor’s and Contractor’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor’s and Contractor’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Contractor shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000 or any stop-loss provisions, the County shall have the right to request and review the Contractor’s most recent annual financial reports and audited financial statements as a condition of approval.

Contractor hereby agrees to waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor’s and Contractor’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and

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subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and selfinsured retentions for policies maintained under this Agreement shall be paid by the Contractor.

Compensation and/or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor’s strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non-compliance. Upon receipt of evidence of Contractor’s compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is not required.

2. Debarment Certification. The Contractor, by signature to this Agreement, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in this Agreement by any federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in all subcontracts into which it enters. The Contractor shall immediately notify the County if, during the term of this Contract, the Contractor becomes debarred. The County may immediately terminate this Contract by providing Contractor written notice if Contractor becomes debarred during the term hereof.

3. Contractor is bound to follow all applicable terms of the Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant (CHG Contract), which is attached hereto as Exhibit B, along with the Grant Guidelines as currently enacted and as hereafter amended, which are currently available; https://www.commerce.wa.gov/serving-communities/homelessness/consolidated-homeless-grant/.

Additionally, Contractor agrees that the Washington State Department of Commerce and the State of Washington are not liable for claims or damages from Contractor’s performance under this Agreement.

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COUNTY RETAINS THIS FORM Individual contractors and service providers must complete and sign

4. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems?

YES

NO

Did you retire before age 65 using the 2008 early retirement factors (ERF)?

YES

NO

Will you be receiving direct compensation for your services?

YES

NO

Will you be receiving indirect compensation for your services?

YES

NO

CONTRACTOR (Full, individual name of contractor): Signature:

Social Security No.:

Date:

SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: [Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System If YES, what system and plan?

YES

Teachers’ Retirement System (TRS)

Plan1

Plan 2

School Employees’ Retirement System (SERS)

Plan 2

Plan 3

Public Employees’ Retirement System (PERS)

Plan 1

Plan 2

Public Safety Employees’ Retirement System (PSERS)

Plan 2

NO Plan 3

Plan 3

Law Enforcement Officers’ & Fire Fighters’ Retirement System (LEOFF)

Washington State Patrol Retirement System (WSPRS)

Plan 1

Plan 2

Plan 1

Plan 2

Judicial Retirement System (JRS) 2. Is the contractor a retiree of a Washington State Retirement System?

3. Did the contractor retire before age 65 using the 2008 ERF?

Yes Yes

No No

I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form-MS 344 (R 5/09), and the Internal Revenue Service rules governing independent contractor status.

COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE:

Signature:

Date: COUNTY RETAINS THIS FORM

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DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

6/27/2024

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

CONTACT Nicholas Ringbom NAME: PHONE (A/C, No, Ext): (360)200-5287 E-MAIL ADDRESS: nick@kr-consultants.com

PRODUCER

Walker Insurance Agency, Inc 1801 1st Ave, Ste 4B Longview, WA 98632 License #:1089318 INSURED

FAX (A/C, No):

(360)846-1036

INSURER(S) AFFORDING COVERAGE

NAIC #

INSURER A : Alliance of Nonprofits for Insurance,Risk Retention Group,Inc

10023

INSURER B :

Community House on Broadway PO Box 403

INSURER C : INSURER D : INSURER E :

Longview

WA 98632 CERTIFICATE NUMBER:

COVERAGES

INSURER F :

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR

TYPE OF INSURANCE

ADDL SUBR INSD WVD

POLICY NUMBER

POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY CLAIMS-MADE

OCCUR

A

Y

2024-78296

4/21/2024

4/21/2025

GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY LOC JECT

LIMITS

EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence)

$

MED EXP (Any one person)

$

PERSONAL & ADV INJURY

$

GENERAL AGGREGATE

$

PRODUCTS - COMP/OP AGG

$

COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person)

AUTOMOBILE LIABILITY

ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY

1,000,000 500,000 20,000 1,000,000 2,000,000 2,000,000

$

OTHER:

A

$

SCHEDULED AUTOS NON-OWNED AUTOS ONLY

Y

2024-78296

4/21/2024

4/21/2025

$

1,000,000

$

BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident)

$ $

A

UMBRELLA LIAB

OCCUR

EXCESS LIAB

CLAIMS-MADE

DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below

A

Professional Liability

Y

2024-78296-UMB

4/21/2024

4/21/2025

EACH OCCURRENCE

$

AGGREGATE

$

1,000,000 1,000,000

$ PER STATUTE

OTHER

E.L. EACH ACCIDENT

N/A

$

E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT

Y

2024-78296

4/21/2024

4/21/2025

Occurence Aggregate

$

1,000,000 3,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Re: Operations of the Insured - Cowlitz County, its appointed and elected officials, agents and employees, are listed as addtional insured, the above insurance policies and primary and noncontributory.

CERTIFICATE HOLDER

CANCELLATION

Cowlitz County Health & Human Services 207 4th Ave N Kelso, WA 98626

ACORD 25 (2016/03)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

AS-14006 Motion Items BOCC Agenda Meeting Date: 02/18/2025 Contract # 25-017 with Emergency Support Shelter - Coordinated Entry Submitted For: Gena James Submitted By: Wheeldon Jennifer Department: Health/Human Services

14.

Information Subject and Summary Statement This contract with Emergency Support Shelter sets forth the terms and conditions to operate as a coordinated entry access point. The objective is to connect households who are experiencing homelessness or who are at risk of becoming homeless with the most appropriate community resources, housing options, and needed support services.

This contract is funded through a grant from the Washington State Department of Commerce. The agreement will be paid on a cost reimbursement basis and will not exceed $40,000.00 for the period from January 1, 2025, through December 31, 2025.

Contract/SOW Name

Current

Change

Total

Time Period

25-017 ESS CE

0

+$40,000.00

$40,000.00

1/01/25-12/31/25

Will Staff Attend - NAME OF STAFF Gena James will attend Department Recommendation It is the recommendation of the Cowlitz County Health & Human Services that the Cowlitz County Board of Commissioners move to approve Contract # 25-017, with Emergency Support Shelter.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

__________________________________________ Richard R Dahl, Chairman

__________________________________________ Steven L Ferrell, Commissioner

__________________________________________ Stever Rader, Commissioner ATTEST:

__________________________________________ , Clerk of the Board Date _____________________________________

Fiscal Impact Expenditure Required $: $25,000 Budget Sufficient Y-N: y Amendment Required Y-N: Source of Funds - What Dept ? : 18401 Grant Y-N: Attachments Original Insurance Form Review Inbox Reviewed By Jamie Hopps Jamie Hopps Gena James Gena James Form Started By: Wheeldon Jennifer Final Approval Date: 02/11/2025

Date 02/05/2025 01:34 PM 02/07/2025 08:15 AM Started On: 02/05/2025 12:43 PM

PROFESSIONAL SERVICES AGREEMENT Contract Number: 25-017 THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called “County” or “Cowlitz County”) and Name: Address: Phone No: UEI: UBI:

Emergency Support Shelter 1330 11th Avenue Longview, WA 98632 360-425-1176 MRFUY6XNE7E4 600-052-784

(hereinafter called “Contractor”).

This Agreement is comprised of: Attachment A – Scope of Work Attachment B – Compensation Attachment C – General Conditions Attachment D – Special Terms and Conditions and Retirement Status Form (signature required) Exhibit A – Cowlitz County Coordinated Entry Policies and Procedures Provider Manual Exhibit B – CHG State Contract copies of which are attached hereto and incorporated herein by this reference as if fully set forth.

The term of this Agreement shall commence on the 1st day of January, 2025 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2025.

IN WITNESS WHEREOF, the parties have executed this Agreement on this ________ day of _____________, 20____.

RECIPIENT:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Signature

Richard R. Dahl,

Chairman

Steven L. Ferrell,

Commissioner

Steve Rader,

Commissioner

Print name:

Title:

ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

Date

, Clerk of the Board

PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT A SCOPE OF WORK

The contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. Emergency Support Shelter (ESS) a. Objective: Operate as a subpopulation dedicated Coordinated Entry (CE) access point to efficiently and effectively connect Cowlitz County households who are fleeing domestic violence, dating violence, sexual assault, stalking, trafficking or other dangerous or lifethreatening conditions experiencing homelessness or who are at risk of becoming homeless with the most appropriate community resources, housing options, and needed support services with a primary goal of completing accurate referrals to programs required to fill program openings through CE. b. Access point is at the Emergency Support Shelter. c. The contractor will prevent and divert households at risk of homelessness as often as possible from the homeless system through strategies that include, but are not limited to encouragement, coaching, exploring friend/family options, community resources, and problem solving. d. The contractor will assure households who are not fleeing or attempting to flee violence will be connected with other CE access points. e. The contractor will attend monthly partner provider meetings with the County to review referral flow between coordinated entry access points and partner providers. f. Services will be documented through the Homeless Management Information System (HMIS) following applicable HMIS guidelines and data quality standards, including CE specific data entry standards issued by the Department of Commerce found here: https://www.commerce.wa.gov/serving-communities/homelessness/hmis/ g. The contractor will assure compliance with Exhibit A. Cowlitz County Coordinated Entry Policies and Procedures Provider Manual, provided within and as updated. h. The contractor will maintain close collaboration with HHS on any identified system changes including, but not limited to, programmatic, access, assessment, referral, and/or data. i. Expectations of Contractor i. Flexibility – the design of the Coordinated Entry is a work in progress while we align with state requirements. Policies, procedures and tools will be adjusted and refined by the County over time. ii. Mobility – CE access points must be able to work with homeless people wherever they are. iii. Collaborative Approach – the CE access points must have the ability to build and maintain strong and effective working partnerships with shelters and housing partners. iv. Communication – CE access points must have the ability to communicate how the system works to individuals who are homeless, providers, and the public. v. Resource Referral – CE access points will engage in resource referral for individuals seeking information on community resources. vi. Objectivity – successful operation of the CE requires that the access point use consistency and fairness in applying all policies and procedures and use of tools. vii. Problem Solving – CE access points must embrace a problem-solving approach to addressing homelessness. To be effective, access points must employ staff who are skilled at problem-solving and understand how to adopt a strengths-based and clientcentered approach to all aspects of service delivery. viii. Systems Thinking – the CE access points are an essential component of the County’s homeless response system. To successfully operate as a CE access point, the selected provider must embrace a systems-thinking approach, understanding that the main purpose of CE is to streamline access to specific housing resources that are identified as the CE participating projects. ix. Data-informed – CE is a critical source of information about who enters homelessness in the County. The data collected will be used for ongoing and continuous system

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improvement. The CE access points must have strong commitment to data quality and a willingness to be data-informed. x. These services may only be provided by the contractor, no portion may be delegated or subcontracted to any other individual, firm or entity. j. The Contractor shall comply with all applicable requirements, policies and procedures in the Consolidated Homeless Grant Guidelines found here and as updated: https://www.commerce.wa.gov/serving-communities/homelessness/consolidated-homelessgrant/ k. Outcomes and Measures: i.

Households experiencing homelessness or at risk of homelessness have access to Coordinated Entry and are connected to available housing resources and other community resources. ii. The following outcomes/outputs will be used to evaluate the performance of CE access points: 1. Number of households with Targeted Eligibility Screenings, Resource Screenings, Assessments, and housing referrals completed by ESS. 2. Households receive an assessment within 10 days of request from County (Target: 80%) 3. HMIS data entry timeliness, within 2 days (48 hours) 4. HMIS data quality, completeness and accuracy (Target: 95%) 2. Reporting: The contractor will submit reports no later than the dates outlined in the following reporting schedule.

Type of Report Time Period Due Date Targeted Eligibility Screening Monthly 15th of the month following the month of service 3. Additional Requirements: The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following: a. Services provided b. Number of hours of service c. Data Collection d. Completed evaluation tools e. Backup reports/data for invoicing.

4. Site Visits: The contractor will coordinate visits with the County Project Manager for contract compliance, organizational due diligence, program evaluation, technical assistance, and Continuous Quality Improvement.

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ATTACHMENT B COMPENSATION

As consideration for services, as described in the Scope of Work section of this Agreement and as indicated in the CCHHS Contractor Toolkit located online at www.co.cowlitz.wa.us/cchhscontractors, and as updated, the County agrees to pay the Contractor based on the specific conditions below, a sum not to exceed budget amounts of $40,000 during the period January 1, 2025 through December 31, 2025.

1. General Conditions a. Budget i. The Contractor may submit, in writing to the County Project Manager, a request to adjust the budget at any time during the contract period. The County will respond to all requests in writing with a determination. Requests may: 1. Change the individual line budget, 2. Not change the total contract award.

Budget Budget Lines Total Personnel $34,878 Other Expenses (operating costs and supplies) $1,486 Indirect (10%) $3,636 Total $40,000 *Indirect charges must not include items that are billable to any other category ii. Any funds not utilized at the end of the contract period will be reallocated at the discretion of the County. iii. The Contractor shall budget funds awarded in such a manner to ensure availability of services throughout the entire term of this Contract subject to available funds. b. Billing i. The Contractor shall ensure all expenditures for services and activities under this Contract are: 1. Allowable costs, which are in accordance with Attachment A Scope of Work 2. Incurred are within the period of performance of this Contract 3. All documentation including reports must be submitted with the billing documents.

4. Work performed and invoiced does not duplicate work to be charged to the County under any other Contract or agreement with the Contractor.

5. Not utilized for R&D related activities.

6. The reference to Exhibit B, CHG Contract and Consolidated Homeless Grant Guidelines provides the County flexibility in funding source for the services outlined in Attachment A only and does not authorize the Contractor to provide services outside of the scope of work. c. Invoice i. The Contractor shall submit invoices using the County’s form, or such other form as designated by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Program Manager within this Contract, by the Contractor, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees. ii. The Contractor shall submit a monthly invoice to the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the month of services were performed. iii. The June invoice may be due sooner than the 15th and the County will provide notification of the end of the State fiscal period due date, if applicable. iv. The final invoice must be received by the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the end of this contract. d. Payment i. County Obligation for Payment

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1. The County agrees to make payment, as approved by the Auditor of Cowlitz County, with County warrants on a calendar day specified by the County, contingent on the availability of funds, following receipt of the Contractor’s complete and accurate request for payment.

2. The County shall not be obligated to reimburse the Contractor for any services or activities, performed prior to the effective date of this Contract.

3. The County will not process any payments for invoices received after the 15th of the month following the end of this contract, unless prior approval from the County.

4. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Contract.

5. The County shall pay the Contractor only for authorized services provided in accordance with this Contract. If this Contract is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination. e. Recovery of Costs Claimed in Error: If the Contractor claims and the County reimburses for expenditures under this Contract which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Contract, the County shall recover those costs and the Contractor shall fully cooperate with the recovery.

2. Program Specific Conditions: a. Fraud and other loss reporting.

The Contractor shall report in writing all known or suspected fraud or other loss of any funds or property furnished under this contract immediately or as soon as practicable to the County and Commerce Representative identified in Exhibit B.

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ATTACHMENT C GENERAL CONDITIONS

1. Scope of Contractor’s Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein.

2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.

3. Delegation and Subcontracting. Contractor’s services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager.

4. 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.

The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment 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 Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed.

5.

6.

7.

8.

9.

Notwithstanding any determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees.

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.

Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations.

Right to Review. This contractor is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. 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 six (6) years after contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours.

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

Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of

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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. 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 agrees to bear any extra expenses incurred by the County in completing the work, 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.

10. 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 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.

11. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a. The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b. The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c. If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability.

12. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor’s or its Subcontractor’s performance or failure to perform this Agreement.

It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any way connected with this Agreement. 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.

13. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

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

15. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this Clause.

16. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

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

18. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys’ fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor’s alleged infringement on any patent or copyright.

The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees 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.

19. 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. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

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In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive.

Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b. Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager 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 ten (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 shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (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.

20. The Contractor and the County understand and agree that this Agreement is a subcontract of the Professional Services Contract for the Consolidated Homeless Grant between Washington State Department of Commerce (Commerce) and Cowlitz County (the “CHG Contract”). A true and correct executed copy of the CHG Contract is attached as Exhibit B. Under General Terms and Conditions, Section 6 of the CHG Contract, it provides that all work product (as defined in the CHG Contract) will be owned by Commerce consistent with Section 6 of the CHG Contract. Additionally, except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply: a. Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract. b. Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney’s fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the “Notice” provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure.

Notwithstanding the above, the Contractor must not take any action that would affect (a) the County’s ability to use goods and services provided under this Contract or (b) the Contractor obligations under this Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

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Contractor’s failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys’ fees, and/or any other expenses as a result of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms “public records” and “agency” shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement.

21. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manger’s sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform.

22. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager, For purposes of this Agreement, the County Project Manager is: Name: Gena James Title: Deputy Director Department: Health & Human Services Address: 1952 9th Ave Longview, WA 98632 Telephone: (360) 414-5599 E-mail: HHSContracts@cowlitzwa.gov Fax: (360) 425-7531 In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor’s right to appeal that decision as provided herein.

23. Non-Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sec, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap.

24. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontractors entered into, County is named as an express third-party beneficiary of such contracts with full rights as such.

25. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties.

26. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard.

27. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work.

28. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page.

29. 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.

30. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal, state and local statues, ordinances and regulations; b. Scope of Work (Attachment A) and Compensation (Attachment B); c.

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c. Special Terms and Conditions (Attachment D); and d. General Conditions (Attachment C). e. Any other material incorporated herein by reference.

31. 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.

32. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees.

33. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party.

34. Survival. Without being exclusive, Paragraphs 4, 7, 13-19, 21-22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.

35. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein.

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SPECIAL TERMS AND CONDITIONS 1. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death. $1,000,000 Per occurrence Property damage $1,000,000 Per occurrence $2,000,000 Aggregate ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail). $1,000,000 Per occurrence $2,000,000 Aggregate WORKERS COMPENSATION:

Statutory amount Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap: $1,000,000

Per occurrence

AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability $1,000,000 Combined Single Limit All Contractor’s and Contractor’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor’s and Contractor’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Contractor shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000 or any stop-loss provisions, the County shall have the right to request and review the Contractor’s most recent annual financial reports and audited financial statements as a condition of approval.

Contractor hereby agrees to waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor’s and Contractor’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and

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subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and selfinsured retentions for policies maintained under this Agreement shall be paid by the Contractor.

Compensation and/or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor’s strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non-compliance. Upon receipt of evidence of Contractor’s compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is not required.

2. Debarment Certification. The Contractor, by signature to this Agreement, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in this Agreement by any federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in all subcontracts into which it enters. The Contractor shall immediately notify the County if, during the term of this Contract, the Contractor becomes debarred. The County may immediately terminate this Contract by providing Contractor written notice if Contractor becomes debarred during the term hereof.

3. Contractor is bound to follow all applicable terms of the Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant (CHG Contract), which is attached hereto as Exhibit B, along with the Grant Guidelines as currently enacted and as hereafter amended, which are currently available; https://www.commerce.wa.gov/serving-communities/homelessness/consolidated-homeless-grant/.

Additionally, Contractor agrees that the Washington State Department of Commerce and the State of Washington are not liable for claims or damages from Contractor’s performance under this Agreement.

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COUNTY RETAINS THIS FORM Individual contractors and service providers must complete and sign

4. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems?

YES

NO

Did you retire before age 65 using the 2008 early retirement factors (ERF)?

YES

NO

Will you be receiving direct compensation for your services?

YES

NO

Will you be receiving indirect compensation for your services?

YES

NO

CONTRACTOR (Full, individual name of contractor): Signature:

Social Security No.:

Date:

SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: [Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System If YES, what system and plan?

YES

Teachers’ Retirement System (TRS)

Plan1

Plan 2

School Employees’ Retirement System (SERS)

Plan 2

Plan 3

Public Employees’ Retirement System (PERS)

Plan 1

Plan 2

Public Safety Employees’ Retirement System (PSERS)

Plan 2

NO Plan 3

Plan 3

Law Enforcement Officers’ & Fire Fighters’ Retirement System (LEOFF)

Washington State Patrol Retirement System (WSPRS)

Plan 1

Plan 2

Plan 1

Plan 2

Judicial Retirement System (JRS) 2. Is the contractor a retiree of a Washington State Retirement System?

3. Did the contractor retire before age 65 using the 2008 ERF?

Yes Yes

No No

I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form-MS 344 (R 5/09), and the Internal Revenue Service rules governing independent contractor status.

COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE:

Signature:

Date: COUNTY RETAINS THIS FORM

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Issue Date 5/23/2024

Cert #:0000025720

NON PROFIT INSURANCE PROGRAM CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT, CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).

PROGRAM ADMINISTRATOR

COMPANIES AFFORDING COVERAGE

Clear Risk Solutions 451 Diamond Drive Ephrata, WA 98823

GENERAL LIABILITY NPIP / Munich Re. et al.

AUTOMOBILE LIABILITY NPIP / Munich Re. et al.

COVERED PARTY Emergency Support Shelter

PROPERTY NPIP / Munich Re. et al.

1330 11th Avenue Longview, WA 98632

MISCELLANEOUS PROFESSIONAL LIABILITY NPIP / Munich Re. et al.

COVERAGES THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH COVERAGE AGREEMENT. LIMITS SHOWN BELOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. LINE OF COVERAGE

COVERAGE NUMBER

GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY

NPIP242533992

EFF DATE

EXP DATE

6/1/2024

DESCRIPTION

LIMITS

PER OCCURRENCE

$5,000,000

PER MEMBER AGGREGATE PRODUCT-COMP/OP PERSONAL & ADV. INJURY ANNUAL POOL AGGREGATE

$10,000,000 $5,000,000 $5,000,000 $50,000,000

6/1/2025

COMBINED SINGLE LIMIT ANNUAL POOL AGGREGATE

$5,000,000 NONE

6/1/2025

ALL RISK PER OCC EXCL EQ & FL

$100,000,000

EARTHQUAKE PER OCC FLOOD PER OCC ANNUAL POOL AGGREGATE

Excluded Excluded NONE

PER CLAIM

$5,000,000

ANNUAL POOL AGGREGATE

$40,000,000

6/1/2025

OCCURRENCE FORM INCLUDES STOP GAP – EMPLOYERS LIABILITY (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) AUTOMOBILE LIABILITY ANY AUTO NPIP242533992 6/1/2024 (LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) PROPERTY NPIP242533992

6/1/2024

(PROPERTY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS) MISCELLANEOUS PROFESSIONAL LIABILITY NPIP242533992

6/1/2024

(LIABILITY IS SUBJECT TO A $350,000 SIR PAYABLE FROM PROGRAM FUNDS)

6/1/2025

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS Regarding grants received. Cowlitz County is named as Additional Covered Party regarding these grants only and is subject to Coverageterms, conditions and exclusions.

CANCELLATION NOTICE: SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT PROVISIONS. CERTIFICATE HOLDER Cowlitz County 207 Fourth Ave North Kelso, WA 98626

AUTHORIZED REPRESENTATIVE

Coverage Number: NPIP242533992 Cert #:0000025720

Effective Date: 6/1/2024 Issue Date 5/23/2024

ADDITIONAL COVERED PARTY – DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT. PLEASE READ IT CAREFULLY This endorsement modifies Coverage provided under the following: GENERAL LIABILIT Y COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company, the following applies.

SCHEDULE Person or Organization (Additional Covered Party): Cowlitz County 207 Fourth Ave North Kelso, WA 98626 Description of Activities / Operations / Designated Premises: Regarding grants received. Cowlitz County is named as Additional Covered Party regarding these grants only and is subject to Coverageterms, conditions and exclusions.

A.

With respects to the General Liability Coverage Part only, the definition of Covered Party in the Liability Conditions, Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the Person or Organization shown in the above Schedule. Such Person or Organization is a Covered Party only with respect to liability for Bodily Injury, Property Damage, or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1.

2.

B.

In performance of your ongoing operations; or In connection with your premises owned or rented to you.

The Limits of Coverage applicable to the additional Covered Party are those specified in either the: 1.

2.

Written contract or written agreement; or Declarations for this Coverage Agreement,

whichever is less. The se Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations.

All other terms and conditions remain unchanged.

AS-14012 Motion Items BOCC Agenda Meeting Date: 02/18/2025 Contract 25-018 Cowlitz Family Health Center - Coordinated Entry Submitted For: Gena James Submitted By: Wheeldon Jennifer Department: Health/Human Services

15.

Information Subject and Summary Statement The contract #25-018 with Cowlitz Family Health Center sets forth the terms and conditions to operate as a coordinated entry access point. The objective is to connect households who are experiencing homelessness or who are at risk of becoming homeless with the most appropriate community resources, housing options, and needed support services.

This contract funded through a grant from thefunded through a grant from the Washington State Department of Commerce. The agreement will be paid on a cost reimbursement basis and will not to exceed $27,900.00 for the period of January 1, 2025 through December 31, 2025.

Contract/SOW Name

Current

Change

Total

Time Period

25-018 CFHS CE

0

+$27,900.00

$27,900.00

1/1/25-12/31/25

Will Staff Attend - NAME OF STAFF Gena James will attend.

Department Recommendation It is the recommendation ot the Cowlitz County Health & Human Services that the Cowlitz County Board of Commissioners move to approve Contract # 25-018, with Cowlitz Family Health Center.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

_____________________________________________ Richard R Dahl, Chairman

_____________________________________________ Steven L Ferrell, Commissioner

_____________________________________________ Steve Rader, Commissioner ATTEST:

_____________________________________________ ,Clerk of the Board Date__________________________________________

Fiscal Impact Expenditure Required $: $27,900.00 Budget Sufficient Y-N: y Amendment Required Y-N: Source of Funds - What Dept ? : 18401 Grant Y-N: y Attachments Original Insurance Form Review Inbox Reviewed By Jamie Hopps Jamie Hopps Gena James Gena James Form Started By: Wheeldon Jennifer

Date 02/10/2025 09:48 AM 02/11/2025 01:28 PM Started On: 02/10/2025 09:06 AM

PROFESSIONAL SERVICES AGREEMENT Contract Number: 25-018 THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called “County” or “Cowlitz County”) and Name: Address: Phone No: UEI: UBI:

Cowlitz Family Health Center 1057 12th Avenue Longview, WA 98632 360-636-3892 K2C9N2M49CP7 600-176-084

(hereinafter called “Contractor”).

This Agreement is comprised of: Attachment A – Scope of Work Attachment B – Compensation Attachment C – General Conditions Attachment D – Special Terms and Conditions and Retirement Status Form (signature required) Exhibit A – Cowlitz County Coordinated Entry Policies and Procedures Provider Manual Exhibit B – CHG State Contract copies of which are attached hereto and incorporated herein by this reference as if fully set forth.

The term of this Agreement shall commence on the 1st day of January, 2025 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2025.

IN WITNESS WHEREOF, the parties have executed this Agreement on this ________ day of _____________, 20____.

RECIPIENT:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Signature

Richard R. Dahl,

Chairman

Steven L. Ferrell,

Commissioner

Steve Rader,

Commissioner

Print name:

Title:

ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

Date

, Clerk of the Board

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ATTACHMENT A SCOPE OF WORK

The contractor shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: 1. Cowlitz Family Health Center a. Objective: Operate as a Coordinated Entry (CE) access point to efficiently and effectively connect Cowlitz County households experiencing homelessness or who are at risk of becoming homeless with the most appropriate community resources, housing options, and needed support services with a primary goal of completing accurate referrals to programs required to fill program openings through CE. b. Access points will include all the contractor’s locations, including those in Castle Rock, Longview, Kelso, and Woodland. Access will also be provided in the community through mobile outreach as necessary. c. The contractor will prevent and divert households at risk of homelessness as often as possible from the homeless system through strategies that include but are not limited to encouragement, coaching, exploring friend/family options, community resources, and problem solving. d. The contractor will assure households fleeing or attempting to flee violence will be connected with the Emergency Support Shelter. e. The contractor will attend monthly partner provider meetings with the County to review referral flow between CE access points and partner providers. f. Services will be documented through the Homeless Management Information System (HMIS) following applicable HMIS guidelines and data quality standards, including CE specific data entry standards issued by the Department of Commerce found here: https://www.commerce.wa.gov/serving-communities/homelessness/hmis/ g. The contractor will assure compliance with Exhibit A Cowlitz County Coordinated Entry Policies and Procedures Provider Manual, provided within and as updated h. The contractor will maintain close collaboration with the County on any identified system changes including, but not limited to, programmatic, access, assessment, referral, and/or data. i. Expectations of Contractor i. Flexibility – the design of the CE is a work in progress while we align with state requirements. Policies, procedures and tools will be adjusted and refined by the County over time. ii. Mobility – CE access points must be able to work with homeless people wherever they are. iii. Collaborative Approach – the CE access points must have the ability to build and maintain strong and effective working partnerships with shelters and housing partners. iv. Communication – CE access points must have the ability to communicate how the system works to individuals who are homeless, providers, and the public. v. Resource Referral – CE access points will engage in resource referral for individuals seeking information on community resources. vi. Objectivity – successful operation of the CE requires that the access point use consistency and fairness in applying all policies and procedures and use of tools. vii. Problem Solving – CE access points must embrace a problem-solving approach to addressing homelessness. To be effective, access points must employ staff who are skilled at problem-solving and understand how to adopt a strengths-based and clientcentered approach to all aspects of service delivery. viii. Systems Thinking – the CE access points are an essential component of the County’s homeless response system. To successfully operate as a CE access point, the selected provider must embrace a systems-thinking approach, understanding that the main purpose of CE is to streamline access to specific housing resources that are identified as the CE participating projects. ix. Data-informed – CE is a critical source of information about who enters homelessness in the County. The data collected will be used for ongoing and continuous system

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improvement. The CE access points must have strong commitment to data quality and a willingness to be data-informed. x. These services may only be provided by the contractor, no portion may be delegated or subcontracted to any other individual, firm or entity. j. The Contractor shall comply with all applicable requirements, policies and procedures in the Consolidated Homeless Grant Guidelines found here and as updated: https://www.commerce.wa.gov/serving-communities/homelessness/consolidated-homelessgrant/ k. Outcomes and Measures: i. Households experiencing homelessness or at risk of homelessness have access to CE and are connected to available housing resources and other community resources. ii. The following outcomes/outputs will be used to evaluate the performance of CE access points: 1. Number of households with Targeted Eligibility Screenings, Resource Screenings, Assessments, and housing referrals completed per access point.

2. Households receive an assessment within 10 days of request from County (Target: 80%) 3. HMIS data entry timeliness, within 2 days (48 hours) 4. HMIS data quality, completeness and accuracy (Target: 95%) 2. Reporting: The contractor will submit reports no later than the dates outlined in the following reporting schedule.

Type of Report Time Period Due Date Targeted Eligibility Screening Monthly 15th of the month following the month of service 3. Additional Requirements: The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following: a. Services provided b. Number of hours of service c. Data Collection d. Completed evaluation tools e. Backup reports/data for invoicing.

4. Site Visits: The contractor will coordinate visits with the County Project Manager for contract compliance, organizational due diligence, program evaluation, technical assistance, and Continuous Quality Improvement.

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ATTACHMENT B COMPENSATION

As consideration for services, as described in the Scope of Work section of this Agreement and as indicated in the CCHHS Contractor Toolkit located online at www.co.cowlitz.wa.us/cchhscontractors, and as updated, the County agrees to pay the Contractor based on the specific conditions below, a sum not to exceed budget amounts of $27,900 during the period January 1, 2025 through December 31, 2025.

1. General Conditions a. Budget i. The Contractor may submit, in writing to the County Project Manager, a request to adjust the budget at any time during the contract period. The County will respond to all requests in writing with a determination. Requests may: 1. Change the individual line budget, 2. Not change the total contract award.

Budget Budget Lines Total Personnel $21,200 Other Expenses (equipment, mileage, supplies) $4,580 Indirect (10%) $2,120 Total $27,900 *Indirect charges must not include items that are billable to any other category ii. Any funds not utilized at the end of the contract period will be reallocated at the discretion of the County. iii. The Contractor shall budget funds awarded in such a manner to ensure availability of services throughout the entire term of this Contract subject to available funds. b. Billing i. The Contractor shall ensure all expenditures for services and activities under this Contract are: 1. Allowable costs, which are in accordance with Attachment A Scope of Work 2. Incurred are within the period of performance of this Contract 3. All documentation including reports must be submitted with the billing documents.

4. Work performed and invoiced does not duplicate work to be charged to the County under any other Contract or agreement with the Contractor.

5. Not utilized for R&D related activities.

6. The reference to Exhibit B, CHG Contract and Consolidated Homeless Grant Guidelines provides the County flexibility in funding source for the services outlined in Attachment A only and does not authorize the Contractor to provide services outside of the scope of work. c. Invoice i. The Contractor shall submit invoices using the County’s form, or such other form as designated by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Program Manager within this Contract, by the Contractor, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees. ii. The Contractor shall submit a monthly invoice to the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the month of services were performed. iii. The June invoice may be due sooner than the 15th and the County will provide notification of the end of the State fiscal period due date, if applicable. iv. The final invoice must be received by the County on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the end of this contract. d. Payment i. County Obligation for Payment

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ATTACHMENT B

1. The County agrees to make payment, as approved by the Auditor of Cowlitz County, with County warrants on a calendar day specified by the County, contingent on the availability of funds, following receipt of the Contractor’s complete and accurate request for payment.

2. The County shall not be obligated to reimburse the Contractor for any services or activities, performed prior to the effective date of this Contract.

3. The County will not process any payments for invoices received after the 15th of the month following the end of this contract, unless prior approval from the County.

4. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Contract.

5. The County shall pay the Contractor only for authorized services provided in accordance with this Contract. If this Contract is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination. e. Recovery of Costs Claimed in Error: If the Contractor claims and the County reimburses for expenditures under this Contract which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Contract, the County shall recover those costs and the Contractor shall fully cooperate with the recovery.

2. Program Specific Conditions: a. Fraud and other loss reporting.

The Contractor shall report in writing all known or suspected fraud or other loss of any funds or property furnished under this contract immediately or as soon as practicable to the County and Commerce Representative identified in Exhibit B.

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ATTACHMENT C GENERAL CONDITIONS

1. Scope of Contractor’s Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein.

2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.

3. Delegation and Subcontracting. Contractor’s services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager.

4. 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.

The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment 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 Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed.

5.

6.

7.

8.

9.

Notwithstanding any determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees.

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.

Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations.

Right to Review. This contractor is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. 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 six (6) years after contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours.

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

Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of

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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. 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 agrees to bear any extra expenses incurred by the County in completing the work, 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.

10. 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 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.

11. Termination Procedure. The following provisions apply in the event that this Agreement is terminated: a. The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. b. The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination. c. If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability.

12. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor’s or its Subcontractor’s performance or failure to perform this Agreement.

It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any way connected with this Agreement. 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.

13. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

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ATTACHMENT C

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

15. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this Clause.

16. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

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

18. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys’ fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor’s alleged infringement on any patent or copyright.

The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees 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.

19. 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. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

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In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive.

Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. b. Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager 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 ten (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 shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (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.

20. The Contractor and the County understand and agree that this Agreement is a subcontract of the Professional Services Contract for the Consolidated Homeless Grant between Washington State Department of Commerce (Commerce) and Cowlitz County (the “CHG Contract”). A true and correct executed copy of the CHG Contract is attached as Exhibit B. Under General Terms and Conditions, Section 6 of the CHG Contract, it provides that all work product (as defined in the CHG Contract) will be owned by Commerce consistent with Section 6 of the CHG Contract. Additionally, except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply: a. Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract. b. Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney’s fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the “Notice” provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure.

Notwithstanding the above, the Contractor must not take any action that would affect (a) the County’s ability to use goods and services provided under this Contract or (b) the Contractor obligations under this Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

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Contractor’s failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys’ fees, and/or any other expenses as a result of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms “public records” and “agency” shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement.

21. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manger’s sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform.

22. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager, For purposes of this Agreement, the County Project Manager is: Name: Gena James Title: Deputy Director Department: Health & Human Services Address: 1952 9th Ave Longview, WA 98632 Telephone: (360) 414-5599 E-mail: HHSContracts@cowlitzwa.gov Fax: (360) 425-7531 In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor’s right to appeal that decision as provided herein.

23. Non-Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sec, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap.

24. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontractors entered into, County is named as an express third-party beneficiary of such contracts with full rights as such.

25. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties.

26. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard.

27. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work.

28. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page.

29. 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.

30. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal, state and local statues, ordinances and regulations; b. Scope of Work (Attachment A) and Compensation (Attachment B); c.

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ATTACHMENT C

c. Special Terms and Conditions (Attachment D); and d. General Conditions (Attachment C). e. Any other material incorporated herein by reference.

31. 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.

32. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees.

33. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party.

34. Survival. Without being exclusive, Paragraphs 4, 7, 13-19, 21-22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.

35. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein.

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SPECIAL TERMS AND CONDITIONS 1. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: COMPREHENSIVE GENERAL LIABILITY: Bodily injury, including death. $1,000,000 Per occurrence Property damage $1,000,000 Per occurrence $2,000,000 Aggregate ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail). $1,000,000 Per occurrence $2,000,000 Aggregate WORKERS COMPENSATION:

Statutory amount Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap: $1,000,000

Per occurrence

AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability $1,000,000 Combined Single Limit All Contractor’s and Contractor’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor’s and Contractor’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Contractor shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000 or any stop-loss provisions, the County shall have the right to request and review the Contractor’s most recent annual financial reports and audited financial statements as a condition of approval.

Contractor hereby agrees to waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor’s and Contractor’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and

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subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and selfinsured retentions for policies maintained under this Agreement shall be paid by the Contractor.

Compensation and/or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor’s strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non-compliance. Upon receipt of evidence of Contractor’s compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is not required.

2. Debarment Certification. The Contractor, by signature to this Agreement, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in this Agreement by any federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in all subcontracts into which it enters. The Contractor shall immediately notify the County if, during the term of this Contract, the Contractor becomes debarred. The County may immediately terminate this Contract by providing Contractor written notice if Contractor becomes debarred during the term hereof.

3. Contractor is bound to follow all applicable terms of the Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant (CHG Contract), which is attached hereto as Exhibit B, along with the Grant Guidelines as currently enacted and as hereafter amended, which are currently available; https://www.commerce.wa.gov/serving-communities/homelessness/consolidated-homeless-grant/.

Additionally, Contractor agrees that the Washington State Department of Commerce and the State of Washington are not liable for claims or damages from Contractor’s performance under this Agreement.

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COUNTY RETAINS THIS FORM Individual contractors and service providers must complete and sign

4. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001] SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS: Did you retire from one of the State of Washington Retirement Systems?

YES

NO

Did you retire before age 65 using the 2008 early retirement factors (ERF)?

YES

NO

Will you be receiving direct compensation for your services?

YES

NO

Will you be receiving indirect compensation for your services?

YES

NO

CONTRACTOR (Full, individual name of contractor): Signature:

Social Security No.:

Date:

SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES: [Use Member Reporting Verification (MRV) to verify the past retirement membership] 1. Contractor has been a member of a Washington State Retirement System If YES, what system and plan?

YES

Teachers’ Retirement System (TRS)

Plan1

Plan 2

School Employees’ Retirement System (SERS)

Plan 2

Plan 3

Public Employees’ Retirement System (PERS)

Plan 1

Plan 2

Public Safety Employees’ Retirement System (PSERS)

Plan 2

NO Plan 3

Plan 3

Law Enforcement Officers’ & Fire Fighters’ Retirement System (LEOFF)

Washington State Patrol Retirement System (WSPRS)

Plan 1

Plan 2

Plan 1

Plan 2

Judicial Retirement System (JRS) 2. Is the contractor a retiree of a Washington State Retirement System?

3. Did the contractor retire before age 65 using the 2008 ERF?

Yes Yes

No No

I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415-02-110 and/or DRS Form-MS 344 (R 5/09), and the Internal Revenue Service rules governing independent contractor status.

COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE:

Signature:

Date: COUNTY RETAINS THIS FORM

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Client#: 48101

ACORD

COWLFAMI DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

TM

8/14/2024

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

CONTACT Crishelle McNally-Eaton NAME: FAX PHONE (A/C, No): 866 577-1326 (A/C, No, Ext): 800 499-0933 E-MAIL ADDRESS: crishelle.eaton@propelinsurance.com

PRODUCER

Propel Insurance 1201 Pacific Avenue; Suite 1000 COM Middle Market Tacoma, WA 98402-4321

INSURER(S) AFFORDING COVERAGE

NAIC #

18058

INSURER A : Philadelphia Indemnity Ins Company

INSURED

INSURER B :

Cowlitz Family Health Center 1057 12th Ave. Longview, WA 98632

INSURER C : INSURER D : INSURER E : INSURER F :

COVERAGES

CERTIFICATE NUMBER:

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR

TYPE OF INSURANCE

A

COMMERCIAL GENERAL LIABILITY

X

CLAIMS-MADE

ADDL SUBR INSR WVD

POLICY NUMBER

PHPK2586422

X OCCUR

POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY)

LIMITS

08/15/2024 08/15/2025 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence)

GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY JECT LOC

$ 20,000

PERSONAL & ADV INJURY

$ 1,000,000

GENERAL AGGREGATE

$ 3,000,000

PRODUCTS - COMP/OP AGG

$ 3,000,000 $

PHPK2586422

AUTOMOBILE LIABILITY

SINGLE LIMIT 08/15/2024 08/15/2025 COMBINED (Ea accident)

X ANY AUTO X

OWNED AUTOS ONLY HIRED AUTOS ONLY

$ 1,000,000

MED EXP (Any one person)

OTHER:

A

$ 1,000,000

BODILY INJURY (Per person)

X

SCHEDULED AUTOS NON-OWNED AUTOS ONLY

$ 1,000,000 $

BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident)

$ $

A

X

UMBRELLA LIAB EXCESS LIAB

A

X

PHUB876043

OCCUR

08/15/2024 08/15/2025 EACH OCCURRENCE

CLAIMS-MADE

X RETENTION $10,000 DED WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below

$ 5,000,000 $ 5,000,000

AGGREGATE

$

PHPK2586422 WA Stop Gap

PER STATUTE

08/15/2024 08/15/2025

X OTHER

E.L. EACH ACCIDENT

$ 1,000,000

E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT

$ 1,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

Cowlitz County is additional insured per attached endorsement

CERTIFICATE HOLDER

CANCELLATION

Cowlitz County Health Dept.

1952 9th Avenue Longview, WA 98632

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE

© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03)

1 of 1 #S6824008/M6821971

The ACORD name and logo are registered marks of ACORD

MXP01

This page has been left blank intentionally.

PI-GLD-HS (10/11)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE

Specimen

It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable

Limit of Insurance

Page #

Included

2

$50,000 limit

2

Less than 58 feet

2

Damage to Property You Own, Rent, or Occupy

$30,000 limit

2

Damage to Premises Rented to You

$1,000,000

3

HIPAA

Extended Property Damage Limited Rental Lease Agreement Contractual Liability Non-Owned Watercraft

Clarification

4

Medical Payments

$20,000

5

Medical Payments – Extended Reporting Period

3 years

5

Athletic Activities

Amended

5

Supplementary Payments – Bail Bonds

$5,000

5

Supplementary Payment – Loss of Earnings

$1,000 per day

5

Employee Indemnification Defense Coverage

$25,000

5

Key and Lock Replacement – Janitorial Services Client Coverage

$10,000 limit

6

Additional Insured – Newly Acquired Time Period

Amended

6

Additional Insured – Medical Directors and Administrators

Included

7

Additional Insured – Managers and Supervisors (with Fellow Employee Coverage) Additional Insured – Broadened Named Insured

Included

7

Included

7

Additional Insured – Funding Source

Included

7

Additional Insured – Home Care Providers

Included

7

Additional Insured – Managers, Landlords, or Lessors of Premises

Included

7

Additional Insured – Lessor of Leased Equipment

Included

7

Additional Insured – Grantor of Permits

Included

8

Additional Insured – Vendor

Included

8

Additional Insured – Franchisor

Included

9

Additional Insured – When Required by Contract

Included

9

Additional Insured – Owners, Lessees, or Contractors

Included

9

Additional Insured – State or Political Subdivisions

Included

10

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PI-GLD-HS (10/11)

Duties in the Event of Occurrence, Claim or Suit Unintentional Failure to Disclose Hazards

Included

10

Included

10

Clarification

10

Liberalization

Included

11

Bodily Injury – includes Mental Anguish

Included

11

Personal and Advertising Injury – includes Abuse of Process, Discrimination

Included

11

Transfer of Rights of Recovery Against Others To Us

A. Extended Property Damage SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury “Bodily injury” or property damage” expected or intended from the standpoint of the insured.

This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client.

C. Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Damage to Property You Own, Rent or Occupy SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

PI-GLD-HS (10/11)

LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.

E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in: a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:

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a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.

F. HIPAA SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply.

2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services.

3. SECTION V – DEFINITIONS is amended to include the following additional definitions: a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.” b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review. c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA.

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PI-GLD-HS (10/11) G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part.

2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident.

H. Athletic Activities SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics.

I.

Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.

1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.

J. Employee Indemnification Defense Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment.

The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits.

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PI-GLD-HS (10/11) K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate.

We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons.

The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you.

(3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee." c.

"Manager" means a person serving in a directorial capacity for a limited liability company.

L. Additional Insureds SECTION II – WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

PI-GLD-HS (10/11)

Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period.

2. Each of the following is also an insured: a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co“employee” while in the course of his or her employment by you or performing duties related to the conduct of your business.

This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source – Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f.

Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.

g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

PI-GLD-HS (10/11)

organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i.

Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product;

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(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii)

Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j.

Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you.

k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations l.

Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

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m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.

(2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."

M. Duties in the Event of Occurrence, Claim or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the “occurrence” or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation.

N. Unintentional Failure To Disclose Hazards SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

O. Transfer of Rights of Recovery Against Others To Us SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

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Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.

Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.

P. Liberalization SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

Q. Bodily Injury – Mental Anguish SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: “Bodily injury” means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.

R. Personal and Advertising Injury – Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows: 1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company

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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.

The above does not apply to fines or penalties imposed because of discrimination.

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PI-CA-001 (09/15)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Who is An Insured Board Members Newly Acquired Entities Designated Insured Lessor of Leased Autos Cost of Bail Bonds Reasonable Expenses – Loss of Earnings Fellow Employee Coverage Towing Glass Breakage (Windshields and Windows) Transportation Expenses Hired Auto Physical Damage – Loss of Use Hired Auto Physical Damage Personal Effects Rental Reimbursement Accidental Discharge – Air Bag Electronic Equipment Original Equipment Manufacturer Parts Replacement Auto Loan / Lease Gap Coverage One Comprehensive Coverage Deductible Per Occurrence Notice of and Knowledge of Occurrence Blanket Waiver of Subrogation Unintentional Errors or Omissions Mental Anguish – Bodily Injury Redefined

Limit of Insurance Included Included Included Included $5,000 $500 per day Amended $100 per disablement No deductible applies $100 per day / $3,000 maximum $100 per day / $1,000 maximum ACV or repair or replacement of the vehicle whichever is less $500 $100 per day / 30 days Amended $1000 Included

Page # 2

2 2 3 3 3 3 3 4 4 4 4 5 5

Amended Amended

5 6

Amended Amended (as required by written contract) Amended Amended

7 7 7 7

Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement.

Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below.

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PI-CA-001 (09/15)

I.

LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II – LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended by adding the following: The following are also "insureds": 1. Board Members – Board members (or their spouses) while renting a vehicle while on business for the named insured.

2. Newly Acquired Entities – Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity.

3. Designated Insured – Any person or organization designated by the “insured” is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form.

4. Lessor of Leased Autos – The lessor of a “leased auto” is an “insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a “leased auto” with the permission of any of the above.

Any “leased auto” in the policy schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow.

The coverages provided under this endorsement apply to any “leased auto” in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the “leased auto,” whichever occurs first.

“Leased auto” means an “auto” leased or rented to you, including any substitute, replacement or extra “auto” needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor.

B. Cost of Bail Bonds SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

C. Reasonable Expenses SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following:

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(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.

D. Fellow Employee Coverage SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business.

However, this exclusion does not apply to any manager or officer of your company.

II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to $100 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this enhancement.

B. Glass Breakage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles is amended by adding the following: No deductible applies to "loss" to glass used in the windshield or windows.

C. Transportation Expenses SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a.

Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $3,000 for temporary transportation expenses incurred by you because of a “loss” to a covered “auto.” We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the “loss” and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss.”

D. Hired Auto Physical Damage – Loss of Use The last sentence of SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4.

Coverage Extensions, b. Loss of Use Expenses is deleted in its entirety and replaced with the following: However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000.

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E. Hired Auto Physical Damage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any "auto" you lease, hire, rent or borrow from someone other than your “employees” or partners, or members of their household is a covered "auto" for each of your physical damage coverages.

The most we will pay for any “loss” in any one “accident” is the ACV or the cost for repair or replacement of the vehicle, whichever is less.

For each covered “auto” our obligation to pay will be reduced by a deductible of $500 for Comprehensive Coverage and $1000 for Collision Coverage.

F. Personal Effects Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to $500 for “loss” to personal effects, which are: 1. Owned by an “insured”; and 2. In or on your covered “auto.”

This coverage applies only in the event of the total theft of your covered “auto.” No deductible applies to this coverage.

G. Rental Reimbursement SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to $100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an “auto” because of “loss” to a covered “auto.”

We will also pay up to $300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered “auto.”

If “loss” results from the total theft of a covered “auto,” we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III. C. Transportation Expenses of this endorsement.

H. Accidental Discharge – Airbag Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception:

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This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage.

I.

Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION III – PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4.

Exclusions 4.c. and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss," and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto."

The most we will pay for all “loss” to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one “accident” is the least of: a. The actual cash value of the damaged or stolen property at the time of the “loss”; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000.

This coverage will not apply if there is other insurance provided by this policy for the abovedescribed electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance.

J. Original Equipment Manufacturer (OEM) Parts Replacement SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance, Paragraph 1. is amended to include: However, if the covered “auto” has less than 20,000 miles on its odometer, then the following condition will apply: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired.

K. Auto Loan / Lease Gap Protection SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following: 4. In the event of “loss” to a covered “auto” that is loaned or leased to an “insured”: a. The most we will pay for “loss” in any one “accident” is the lesser of:

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(1) The actual cash value of the damaged or stolen property as of the time of the “loss”; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for “total loss” will be the greater of: (1) The balance due under the terms of the lease or loan, to which your "auto" is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a “balloon loan”; or (2) Actual cash value of the stolen or damaged property.

An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of “loss.” c.

Additional Definitions (1) “Total loss” for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value.

(2) “Balloon loan” is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered “auto.”

In order for this coverage to apply, leased “autos” must be leased or rented to you under a leasing or rental agreement, for a period of not less than six months, which requires you to provide direct primary insurance for the benefit of the lessor.

L. One Comprehensive Coverage Deductible SECTION III – PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any “loss” resulting from a covered peril.

For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period.

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III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of “accident,” claim, “suit” or “loss,” you must give us, or our authorized representative, prompt notice of the “accident” or “loss.” Include: (1) How, when and where the “accident” or “loss” occurred; (2) The “insured’s” name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses.

Your duty to give us or our authorized representative prompt notice of the “accident” or “loss” applies only when the “accident” or “loss” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation.

B. Blanket Waiver Of Subrogation SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” arising out of the operation of a covered “auto” when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract.”

C. Unintentional Errors or Omissions SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

IV. DEFINITIONS A. Mental Anguish SECTION V – DEFINITIONS, C. "Bodily injury" is amended by adding the following: “Bodily injury” also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.

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