Regular Meeting Agenda 8/26/25 by cowlitzwa.gov

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

August 26 , 202 5 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Invocation by Invitation

 Pledge of Allegiance

 Minutes of August 18-20, 2025

 Consent Agenda of August 26, 2025

 Call for Bids

 Motion Items

 Board of Health – 10:00 a.m.

 Public Comments

Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Bids

1. Request for Proposal for Qualified Vendors to Provide Mobile Thermal Imaging Solution for Early-Stage Fire Detection at the Headquarters Landfill scheduled for 4:00 PM on Thursday, September 18, 2025. (14317)

Agreements/Contracts/Bid Awards

2. Bid Award to Titan Earthwork for the one-time purchase of high-density polyethylene pipe. The total cost is $47,911.85. (14314)

3. Change Order No. 2 with Lakeside Industries for the 2025 Countywide Pavement Overlay Project for the additional cost of asphalt mix, flagging, and pilot car hours. The increase is $76,899.72 for a revised total of $2,908,870.72. (14315)

4. Addendum #4 to the Interlocal Agreement with North Country Emergency Medical Services (NCEMS) to update the Composition of the Administrative Board and consolidate the Membership. (14319)

Regular Public Meeting

August 26, 2025, 9:00 a.m.

Board Correspondence

5. Letters

a. Affidavit of Posting Resume for the Month of July 2025. (14304)

b. Memo dated 8/20/25 regarding the Consolidated Diking Improvement District No. 3 of Cowlitz County 2026 Preliminary Budget Estimate. (14320)

c. Memo dated 8/20/25 regarding the Drainage Improvement District No. 1 2026 Budget Estimate (14321)

6. Executed Agreements/Contracts/Letters

a. Executed Quit Claim Deed transferring the ownership of Parcel #1012103 to Three Rivers Regional Wastewater Treatment Plant. (14313) Vouchers

The following vouchers/warrants are approved for payment.

7. Vouchers from the Drainage Improvement District No. 1 for expenses incurred in June 2025 for $1,020.27. (14318)

Motion Items

8. Washington State Department of Transportation (WSDOT) Local Agency Agreement

Supplement No. 1 for the Allender Road Bridge Replacement Project. The total cost is $2,254,000, with $1,975,000 from Federal Highway Association's (FHWA) Surface Transportation Program Highway Bridge Program, and $279,000 from County Road Funds. (14316)

Regular Public Meeting

August 26, 2025, 9:00 a.m.

Board of Health

 10:00 am - Call Meeting to Order

 Old Business

o Review Minutes

 New Business

o HHS proposed Fee Schedule Changes

o B.O.H. By-Laws Proposed Change

 Public Comment Period

o Citizen Participation may be anonymous. See RCW 42.30.040

 Executive Session (as needed)

 Adjourn Meeting

Updates

Chairman Updates

Upcoming Events:

 Tuesday, September 9th @ 10:00 a.m. – Southwest Washington Workforce

 Tuesday, October 7th @ 10:00 a.m. – Lower Columbia Fish Recovery Board Cancelations:

 Monday, September 1, 2025 – Office Closed

 Tuesday, September 2, 2025 – Meetings Canceled

2026 Budget Calendar:

Tuesday, September 16th

1:30 - Behavioral Health Tax 2:00 - IT Cost Allocation 2:30 - Risk & Industrial Accident

Wednesday, September 17th

1:30 – TBD

3:30 - Museum 2:30 – Treasurer 3:00 – Building & Planning

Tuesday, September 23rd

1:30 – Drug Court

3:00 - Clerk 2:00 – Coroner 2:30 – Parks & Rec

Wednesday, September 24th

1:30 – Non-Dept/Finance 3:00 – Auditor 3:30 – Prosecuting Attorney

Tuesday, September 30th

1:30 – WSU

3:00 – Sheriff/DEM 2:00 – Noxious Weeds 2:30 – District Court

Wednesday, October 1st

2:30 – Human Resources 3:00 Correction 3:30 – Office of Public Defense

Tuesday, October 7th – Personnel Requests

1:30 – Drug Court

Regular

Public Meeting

August 26, 2025, 9:00 a.m.

Wednesday, October 8th – IT Requests

2:30 – Health & Human Services 3:30 – Commissioners

Tuesday, October 14th

1:30 – IT Requests 2:30 – TBD 3:00 – Superior Court/Juvenile, Drug Court

Wednesday, October 15th

2:30 – 5 yr. Capital Plan

Tuesday, October 21st – Specialized Workshops

1:30 - TBD

Wednesday, October 22nd

2:30 – Equipment Revolving Reserve 3:00 – 6-year Road Plan

Tuesday, October 28th

1:30 – Summary 2:00 – General Fund Levy 3:00 – Road Fund Levy

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

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

AS-14317

Meeting Date: 08/26/2025

Request for Proposals No. 2025-0052-01: Landfill Thermal Imaging Solution

Submitted For: Shawn Roewe

Submitted By: Ashley Claussen Department: Public Works

Information

Subject and Summary Statement

Cowlitz County Public Works is seeking consent to request proposals from qualified vendors to provide a mobile thermal imaging solution for early-stage fire detection at the Headquarters Landfill.

Proposals will be due to Purchasing Services prior to 4:00 PM on September 18, 2025.

Will Staff Attend - NAME OF STAFF No.

Department Recommendation

Staff recommends that the Cowlitz County Board of Commissioners approve the request for proposals and advertise as required.

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

Request for Proposals Newspaper Solicitation

Form Started By: Ashley Claussen

Attachments

Form Review

Started On: 08/19/2025 03:19 PM

Request for Proposals (RFP):

ISSUE DATE: August 26, 2025

PROPOSAL DUE DATE: September 18, 2025 prior to 4:00 PM. Pacific Standard Time or Pacific Daylight Time, Kelso, Washington, USA.

PROPOSAL SUBMISSION: Faxed or proposals will not be accepted. Proposals may be submitted via email to claussena@cowlitzwa.gov or via mail or in person to:

Cowlitz County Purchasing Services

Attn: Ashley Claussen RFP #2025-0052-01: Landfill Thermal Imaging Solution 1600 13th Ave S Kelso, WA 98626

VENDOR ELIGIBILITY: This procurement is open to vendors that satisfy the minimum qualifications stated herein and that are available for work in Washington State.

RFP COORDINATOR: Ashley Claussen, Buyer claussena@cowlitzwa.gov 360-577-3030 ext. 6856

INTRODUCTION

PURPOSE AND BACKGROUND

Cowlitz County (hereafter referred to as "County”) is seeking proposals from qualified vendors to provide a mobile thermal imaging solution for early-stage fire detection at the Cowlitz County Headquarters Landfill

The 308-acre landfill, located at 3434 S. Silver Lake Road in Castle Rock, Washington, serves as the primary waste disposal site for the County and has a total capacity of 548 million cubic tons.

The proposed solution must be trailer-mounted, rapidly deployable, and powered by solar and/or battery systems. It must provide 360-degree visual and thermal coverage and support proactive fire monitoring, data collection, real-time alerts, and integration with existing emergency response systems.

The County intends to purchase the solution described in this request from one vendor.

OBJECTIVES

The primary objectives of this project are:

• Early detection of surface or subsurface landfill fires through mobile thermal imaging and visual monitoring.

• Deployment flexibility for use across multiple areas of the landfill.

• Reliable operation using solar and battery power sources only.

• Real-time data transmission to centralized monitoring systems.

• Integration with emergency response protocols and environmental monitoring systems.

SCOPE OF WORK

The selected vendor will be responsible for designing, supplying, and supporting a trailer-mounted landfill fire detection unit that includes:

• A self-contained mobile monitoring platform suitable for use in rugged landfill terrain.

• High-resolution thermal and optical cameras mounted on a telescoping mast (minimum 20 ft).

• Solar and/or battery power system (no fuel-based generators).

• A software platform capable of real-time fire detection, alerts, and remote camera control.

• Cellular or mesh network connectivity with remote access to live and recorded feeds.

• Onsite delivery, basic setup, training, and technical documentation.

• Long-term support, maintenance, and remote software updates.

TECHNICAL REQUIREMENTS

1. Hardware

a. Mounting: Trailer-based system, DOT-compliant, rugged for off-road landfill use.

b. Telescoping Mast: Minimum 20 feet extended height; manual or powered; stabilizing outriggers.

c. Camera Configuration:

i. Pan-Tilt-Zoom (PTZ) capabilities.

ii. Configurable for 360-degree thermal and optical coverage.

iii. Thermal imaging with high sensitivity (≤ 0.05°C).

iv. Day/Night optical cameras with low-light capability.

d. Environmental Protection: IP66 or higher rated components; operating range from -20°C to 50°C.

2. Power

a. Primary power source: Solar panels with sufficient battery backup.

b. Battery capacity: Minimum 72 hours of operation without solar input.

c. No fuel-based generators are allowed

d. Integrated battery management system and solar charge controller.

3. Software

a. Real-time AI/ML-based detection of smoke, flame, and heat anomalies.

b. Cloud-based and/or edge processing support.

c. Web-based dashboard for remote access and alerts.

d. Customizable alert thresholds and event notification system.

e. Local video/data storage with at least 30 days capacity.

4. Connectivity

a. Cellular (4G/5G/LTE) and/or mesh network communication.

b. Remote live-streaming, control, and configuration.

c. Offline storage with automatic sync upon reconnection.

5. Optional GIS Integration

While GIS integration is not required, proposals that include it will be considered favorably. Vendors may include optional features such as:

a. Map-based visualization of camera feeds or detected events.

b. Export of event data (e.g., coordinates, timestamps) for use in third-party GIS tools.

c. Compatibility with common GIS platforms (e.g., ESRI, QGIS).

d. Geofencing, location-based alerts, or heat mapping (optional).

GENERALINFORMATIONFORVENDORS

SUBMISSION OF PROPOSALS

Vendors are required to submit one (1) copy of their proposal by mail, email, or in-person delivery. Regardless of delivery method, the proposal must arrive at the County no later than 4:00 PM local time on September 18, 2025

If sent via mail or delivered in person, the proposal envelope should be clearly marked:

Cowlitz County Purchasing Services

Attn: Ashley Claussen RFP #2025-0052-01: Landfill Thermal Imaging Solution 1600 13th Ave S Kelso, WA 98626

Proposals can also be emailed to claussena@cowlitzwa.gov Proposals shall be attached as one PDF attachment and the subject line shall read “Proposal Submission: RFP #2025-0052-01: Landfill Thermal Imaging Solution.” Receipt of proposal submissions will be acknowledged via email reply, but proposals will not be reviewed until the proposal due date and time listed above.

Vendors mailing proposals should allow normal mail delivery time to ensure timely receipt of their proposals by the RFP Coordinator. Vendors assume the risk for the method of delivery chosen. The County assumes no responsibility for delays caused by any delivery service. Proposals may not be transmitted using facsimile transmission.

Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the County and will not be returned.

PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive procurement shall become the property of the County and shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

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

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

A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice to the RFP Coordinator is required. All requests for information should be directed to the RFP Coordinator.

REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via e-mail to all individuals, who have made the RFP Coordinator aware of their interest.

The County also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract.

MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

Cowlitz County encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. However, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis.

ADA

The County complies with the Americans with Disabilities Act (ADA). Vendors may contact the RFP Coordinator to receive this Request for Proposals in Braille or on tape.

ACCEPTANCE PERIOD

Proposals must provide 60 days for acceptance by County from the due date for receipt of proposals

RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The vendor is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive.

The County also reserves the right at its sole discretion to waive minor administrative irregularities.

MOST FAVORABLE TERMS

The County reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the vendor can propose. There will be no best and final offer procedure. The County does reserve the right to contact a vendor for clarification of its proposal.

The apparent successful vendor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the vendor’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to the County

CONTRACT AND GENERAL TERMS & CONDITIONS

Purchases made as a result of this RFP will be made in accordance with the County’s standard Purchase Agreement, attached as Exhibit B. In no event is a vendor to submit its own standard terms and conditions in response to this solicitation. The vendor may submit proposed exceptions as allowed in the Certifications and Assurances form, Exhibit A to this solicitation.

All exceptions to the terms and conditions must be submitted by the vendor as an attachment to Exhibit A. If no exceptions are submitted, the standard agreement shall be deemed accepted as attached. The County will review requested exceptions and may accept or reject them at its sole discretion in awarding the contract.

Licensing agreements related to the use of software are anticipated and will be reviewed and negotiated separately at a later stage of the procurement process.

COSTS TO PROPOSE

The County will not be liable for any costs incurred by the vendor in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.

NO OBLIGATION TO CONTRACT

This RFP does not obligate the County to contract for services specified herein.

REJECTION OF PROPOSALS

The County reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFP.

COMMITMENT OF FUNDS

The Board of County Commissioners or duly elected official are the only individual(s) who may legally commit the County to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

ELECTRONIC PAYMENT

Cowlitz County prefers to utilize electronic payment such as EFT (Electronic Funds Transfer) or ACH (Automated Clearing House) in its transactions. The successful vendor will be provided a form to complete with the contract to authorize such payment methods.

PROPOSALCONTENTS

SUBMISSION REQUIREMENTS

Proposals must be written in English and submitted on eight and one-half by eleven-inch (8 ½” x 11”) paper with tabs separating the major sections. The six major sections of the proposal are to be submitted in the order noted below:

1. Cover Letter, including Exhibit A - Certifications and Assurances

2. Technical Proposal: and

3. Experience and References: and

4. Cost Proposal: and

5. Service Level Agreements

COVER LETTER

The Cover Letter and the attached Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the vendor to a contractual relationship and attest to the accuracy of the entire proposal. The Cover Letter shall include the following:

1. Expression of interest in providing a mobile thermal imaging solution to the County. Include your company’s history, ownership, and duration of services.

2. A statement acknowledging adherence to all minimum qualifications and requirements, clearly noting any areas of non-conformance.

3. Indicate the proposal will remain valid for at least 90 days.

4. Provide the name, address, telephone, and email address of the vendor’s primary contact

5. Overview of the Vendor's qualifications, capabilities, and history with similar projects/purchases.

TECHNICAL PROPOSAL

1. Detailed description of the proposed solution, addressing:

a. Hardware specifications

b. Software platform and capabilities

c. Power system and operation

d. Networking and remote access

e. Compliance with all technical requirements listed in Section I.

2. Delivery, implementation, and training timelines.

EXPERIENCE AND REFERENCES

Provide a list of three (3) applicable references. Include name, title, and contact information for each reference as well as a brief description of the specific services and/or product provided. Do not include current County staff as references. By submitting a proposal in response to this RFP, the vendor grants permission to the County to contact these references who, from the County’s perspective, may have pertinent information.

COST PROPOSAL

Vendors must provide an itemized cost proposal that includes pricing for hardware, software, setup and delivery to 3434 S. Silver Lake Road in Castle Rock, WA, training and documentation, estimated licensing fees for a five-year period, and any optional services, support, or warranties. Pricing should clearly distinguish between one-time and recurring costs, and any assumptions or optional items must be clearly noted.

SERVICE LEVEL AGREEMENTS

Provide proposed uptime guarantees, response times, and maintenance options.

EVALUATIONANDCONTRACT AWARD

EVALUATION PROCEDURE

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team(s), to be designated by the County, which will determine the ranking of the proposals.

EVALUATION WEIGHTING AND SCORING

The following weighting and points will be assigned to the proposal for evaluation purposes:

The County reserves the right to award the contract to the vendor whose proposal is deemed to be in the best interest of the County

ORAL PRESENTATIONS/ PRODUCT DEMONSTRATIONS (MAY BE REQUIRED)

The County may, after evaluating the written proposals, elect to schedule oral presentations of the finalists. Should oral presentations become necessary, the County will contact the top-scoring vendor(s) from the written evaluation to schedule a date, time and location. Commitments made by the vendor at the oral interview, if any, will be considered binding.

The oral presentation will determine the apparent successful vendor OR the scores from the written evaluation and the oral presentation combined will determine the apparent successful vendor

NOTIFICATION TO PROPOSERS

The County will notify the apparent successful vendor of their selection in writing upon completion of the evaluation process. Individuals or firms whose proposals were not selected for further negotiation or award will be notified separately by e-mail.

DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Any vendor who has submitted a proposal and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the unsuccessful vendor notification is e-mailed to the vendor. Debriefing requests must be received by the RFP Coordinator no later than 5:00 PM, local time, in Kelso, Washington on the third business day following the transmittal of the unsuccessful vendor notification. The debriefing must be held within three (3) business days of the request.

Discussion at the debriefing conference will be limited to the following:

1. Evaluation and scoring of the vendor’s proposal;

2. Critique of the proposal based on the evaluation;

3. Review of proposer’s final score in comparison with other final scores without identifying the other firms.

Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted virtually or over telephone and will be scheduled for a maximum of one hour.

PROTEST PROCEDURE

Protests may be made only by vendors who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the vendor is allowed three (3) business days to file a protest of the acquisition with the RFP Coordinator. Protests must be received by the RFP Coordinator no later than 5:00 PM, local time, at 1600 13th Ave S, Kelso, WA 98626 on the third business day following the debriefing. Protests may be submitted by e-mail but must then be followed by the document with an original signature.

Vendors protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to vendors under this procurement.

All protests must be in writing, addressed to the RFP Coordinator, and signed by the protesting party or an authorized agent. The protest must state the RFP number, the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

1. A matter of bias, discrimination or conflict of interest on the part of an evaluator;

2. Errors in computing the score;

3. Non-compliance with procedures described in the procurement document or County policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) County’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by the County. The County Purchasing Manager or an employee delegated by the Purchasing Manager who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another vendor that also submitted a proposal, such vendor will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

1. Find the protest lacking in merit and uphold the County’s action; or

2. Find only technical or harmless errors in the County’s acquisition process and determine the County to be in substantial compliance and reject the protest; or

3. Find merit in the protest and provide the County options which may include:

a. Correct the errors and re-evaluate all proposals, and/or

b. Reissue the solicitation document and begin a new process, or

c. Make other findings and determine other courses of action as appropriate.

If the County determines that the protest is without merit, the County will enter into a contract with the apparently successful vendor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract:

1. I/we declare that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the County without further negotiation (except where obviously required by lack of certainty in keyterms) at any time within the 60-day period.

4. I/we understand that the County will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the County, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

5. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to anycompetitor.

6. I/weagreethatsubmissionoftheattachedproposalconstitutes acceptanceofthesolicitationcontents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

7. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

8. I/we grant the County the right to contact references and other, who may have pertinent information regarding the ability of the Vendor and the lead staff person to perform the services contemplated by this RFP.

9. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attachedpage.

We (circle one) are / are not submitting proposed contract exceptions. If contract exceptions are being submitted, I/we have attached them to this form.

On behalf of the Vendor submitting this proposal, my name below attests to the accuracy of the above statement.

Signature of Proposer

Title Date

EXHIBIT B – SAMPLE PURCHASE AGREEMENT

PURCHASE AGREEMENT

No. - -

This Purchase Agreement (“Agreement”) is hereby entered into by and between [Seller Name] (“Seller") and Cowlitz County (“County”), a political subdivision of the State of Washington; each individually referred to as “Party” and collectively referred to as “Parties”.

WHEREAS, the County desires to purchase from the Seller, and the Seller agrees to sell to the County certain goods and/or services as specified below, subject to the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. DESCRIPTION OF GOODS/SERVICES. Unless stated otherwise in this Agreement, the Seller will provide the following goods and/or services to the County:

2. PURCHASE PRICE. The total purchase price for the goods and/or services is $[Amount], including prepaid freight, shall be payable by the County to the Seller under the following terms:

3. PAYMENT TERMS. Unless otherwise negotiated, the terms of payment shall be net 30 days from receipt of a proper invoice. This Agreement number must be noted on all invoices.

4. PAYMENTS AND ASSIGNMENTS. Invoices will not be processed for payment until items invoiced are received. All payments to Seller shall be remitted by mail, unless other arrangements have previously been made. Furthermore, the provisions of monies due under this contract shall only be assignable with prior written consent of the County.

5. DELIVERY. The Seller agrees to deliver the goods and/or services by [Date] to [Address]. For any exception to this delivery date, Seller shall give prior notification and obtain written approval thereto from the County. With respect to delivery under this order, time is of the essence, and the order is subject to termination for failure to deliver as specified. The acceptance by the County of late performance with or without objection or reservation shall not waive this right to claim damage for such breach nor constitute a waiver of the requirement for the timely performance of any obligation remaining to be performed by Seller.

6. HANDLING. No charges will be allowed for handling which includes, but is not limited to, packing wrapping, bags, containers, or reels, unless otherwise stated herein.

7. SHIPPING INSTRUCTIONS. Unless otherwise specified, all goods are to be shipped prepaid and included in the purchase price, FOB Destination. Where shipping addresses indicate room numbers and/or inside delivery, it will be up to the Seller to make delivery to that location at no additional charge. Where specific authorization is granted to ship goods to FOB shipping point, Seller agrees to prepay all shipping charges and route as instructed. It is also agreed that the County reserves the right to refuse COD shipments.

8. IDENTIFICATION. All invoices, packing lists, packages, shipping notices, and other written documents affecting this order shall contain the applicable Agreement number. Packing lists shall be enclosed in each box or package shipped pursuant to this Agreement, indicating the contents therein.

9. ACCEPTANCE. This Agreement expressly limits acceptance of the terms and conditions stated herein. All additional or different terms proposed by Seller are objected to and hereby rejected, unless otherwise provided in writing by the County.

10. ADD-ON By mutual agreement, the quantity of items purchased may be increased within 12 months of the date of award, provided the original purchase price, terms, conditions, and specifications remain the same.

11. CHANGES. No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of this order will be effective without written consent of the County.

12. NOTICES. All notices requests, claims, demands, and related communications required by the Parties under this Agreement shall be directed to the designated representative, “Representative”, below:

[Title]

[Seller Name] [Department] [Address] [Address]

[City State Zip]

[Email] [Email] [Phone] [Phone]

13. RECORD KEEPING. Seller shall preserve and maintain all records dealing with the administration of this agreement for a period of six (6) years from the date of termination hereunder, or such longer period as requested by the County. 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 purchase by whatever means are deemed expedient by the County Project Manager. All of Seller’s records pertaining to this agreement shall be available for inspection by the County or any Federal or State auditing agency at any reasonable time.

14. RISK OF LOSS. Regardless of FOB Point, Seller agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury, or destruction shall not release Seller from any obligation hereunder.

15. FORCE MAJEURE. Seller will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Seller notifies the Purchasing Manager immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay.

16. REJECTION. All goods or materials purchased herein are subject to approval by the County. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the County or returned, will be at Seller’s risk and expense.

17. TAXES. Unless otherwise indicated, the County agrees to pay all State of Washington sales or use tax. No charge by Seller shall be made for Federal excise taxes, and the County agrees to furnish Seller, upon acceptance of articles supplied under this order, with an exemption certificate.

18. WARRANTIES. Seller represents and warrants that the goods are new, current, and fully warranted by the manufacturer. Delivered goods will comply with specifications and be free from defects in labor, material and manufacture. All UCC (uniform commercial code) implied and expressed warranties are incorporated in this Agreement Seller shall transfer all warranties to the County.

19. LIENS, CLAIMS, AND ENCUMBRANCS. Seller warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind.

20. INDEMNIFICATION

A. The Seller shall defend, indemnify, and hold harmless the County from and against all claims arising out of or in any way related to any act or omission, and whether intentional or negligent, on the part of the Seller and/or the Seller’s officers, employees, agents, subcontractors, or suppliers. Without limiting the generality of the preceding sentence, the Seller’s foregoing duty to defend, indemnify, and hold harmless extends to: (i) any claim that involves or alleges any concurrent or joint negligence on the part of the County and the Seller and/or its officers, employees, agents, subcontractors, or suppliers; and (ii) any claim by or on behalf

of any of the Seller’s officers or employees, and solely to that extent the Seller waives its immunity under the industrial insurance laws (RCW Title 51). The Seller shall have no duty to defend, indemnify, or hold harmless with respect to any claim that arises from the County’s sole negligence.

B. For the purposes of this section, (i) "claim" means all claims, lawsuits, causes of action, administrative actions, liabilities, settlements, damages, costs, and attorney’s fees, and (ii) "County" means Cowlitz County, its boards and commissions, and all past, present, and future officials, employees, agents, or volunteers of the County.

C. This section shall survive the completion, expiration, and/or termination of this Agreement.

21. TERMINATION. (i) The parties may terminate this Agreement by mutual agreement. (ii)The County may terminate this Agreement at any time with written notice to Seller. Upon receipt of the written notice, Seller shall stop performance, and County shall pay Seller for goods delivered and accepted. (iii)The County may terminate this Agreement at any time if Agency fails to receive funding, appropriations, or other expenditure authority. (iv) If Seller breaches any Agreement provision or is declared insolvent, the County may terminate this Agreement for cause with written notice to Seller, and Seller shall be liable for all incidental and consequential damage resulting from its breach, including all damages as provided in the UCC.

22. REMEDIES. Any decision by the County to pursue any remedy provided for in Paragraph 21, shall not be construed to bar the County from the pursuit of any other remedy provided by law or equity in the case of similar, different, or subsequent breaches of this Contract.

23. WAIVER. Failure at any time of the County to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of the County to enforce such provision at any subsequent time. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto

24. PARTIAL INVALIDITY If any provision of this Contract is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable.

25. NONDISCRIMINATION. During the performance of this contract, the Seller agrees as follows: The Seller shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran’s status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).

In the event of the Seller’s noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Seller may be declared ineligible for any future County contracts.

26. CONFLICT OF INTEREST. The Seller hereby affirms that neither it or its agents/employees has any present or contemplated personal interest in the property, which is the subject of this Agreement.

27. ANTI-KICKBACK. No officer or employee of the County or the Seller, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement.

28. HAZARDOUS MATERIALS. If this Agreement covers goods which include hazardous chemicals, Seller shall, at the time of product delivery, provide the County with copies of Material Safety Data Sheets (“MSDS”). These sheets shall be in the form then required by applicable law or regulation (see WAC 296-62-05413). This requirement shall be in addition to whatever other requirements are imposed by law or regulation.

29. PUBLIC DISCLOSURE. As a local government agency, the County is subject to public disclosure laws. Seller agrees that pursuant to the Washington State Public Records Act, Chapter 42.56 of the Revised Code of Washington, the County may be required to disclose information provided by Seller. The County shall promptly notify Seller of any requests for public disclosure of documents and information pursuant to the law. Seller shall

be responsible for and bear the costs of taking legal action to prevent disclosure of such documents and information. In no event shall the County be liable to Seller for disclosure of Seller’s documents and information which it deems disclosable under the law.

30. ANTI-TRUST. Seller and the County recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by the County, therefore, Seller hereby assigns to the County any and all claims for such overcharges.

31. SUBCONTRACTING AND ASSIGNMENTS. The Seller shall not subcontract any portion of the required Services without the County’s prior written consent. The Seller likewise shall not assign all or any portion of this Agreement without the County’s prior written consent. Any assignment without this consent shall be void. Any consent granted by the County under this paragraph may be subject to such conditions as the County deems appropriate. In the event that the Seller employs the use of any subcontractor, the contract between the Seller and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Seller. The Seller shall insure that in all subcontracts entered into, County is named as an express thirdparty beneficiary of such contracts with full rights as such.

32. INFRINGEMENTS Seller agrees to protect and save harmless, the County against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials ordered and to assume all expenses and damages arising from such claims, suits, or proceedings,

33. DEFAULT The Seller covenants and agrees that in the event suit is instituted by the County for any default on the part of the Seller and the Seller is adjudged by a court of competent jurisdiction to be in default, he shall pay to the County all costs, expenses expended or incurred by the County in connection therewith, and reasonable attorneys’ fees.

34. VENUE AND CHOICE OF LAW. Any litigation that 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.

35. ATTORNEY’S FEES In any claim, action, or suit relating to the enforcement of this Agreement each party in any of these events shall be responsible for its own attorney’s fees and costs and expenses expended or incurred in connection with any such suit, action, or claim.

36. COMPLIANCE WITH LAWS. Throughout the duration of this agreement, the Seller shall comply with all applicable federal, state, and local laws, rules, regulations, and orders.

37. INTERPRETATION. As a further condition of this Agreement, the County and the Seller acknowledge that this Agreement shall be deemed and construed to have been prepared mutually by each Party and it shall be expressly agreed that any uncertainty or ambiguity existing therein shall not be construed against any Party. In the event that any Party shall take an action, whether judicial or otherwise, to enforce or interpret any of the terms of this Agreement, the prevailing Party shall be entitled to recover from the other Party all expenses which it may reasonably incur in taking such action, including attorneys' fees and costs, whether incurred in a court of law or otherwise.

38. ENTIRE AGREEMENT. This written Agreement, together with Cowlitz County Request for Proposals Number [Number] and Seller’s proposal dated [Date], incorporated herein by reference, constitutes the entire and integrated agreement, and supersedes all prior and contemporaneous negotiations, representations or agreements, and written or oral.

39. SEVERABILITY If a court of competent jurisdiction declares any provision of the Agreement to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

40. INSURANCE. If labor, installation, maintenance, or other services are provided under this Agreement, the Seller shall, at its own cost, secure and maintain the following insurance coverage: A. Commercial General Liability (CGL): $1,000,000 per occurrence, $2,000,000 aggregate, covering bodily injury, property damage, and contractual liability.

B. Automobile Liability: $1,000,000 combined single limit, covering all owned, non-owned, and hired vehicles used in connection with this agreement.

C. Workers’ Compensation: As required by Washington State law, including Employer’s Liability coverage of at least $1,000,000 per accident.

D. Additional Insured: Cowlitz County, its agents, employees, elected and appointed officials, and authorized volunteers shall be named as additional insureds on the Seller’s liability policies.

The following provisions shall apply to insurance required under this section:

A. Primary and Non-Contributory Coverage: Seller’s insurance shall be primary and non-contributory to any insurance or self-insurance maintained by the County.

B. Proof of Coverage: Seller shall provide a Certificate of Insurance and applicable endorsements before commencing work.

C. Policy Cancellation: There shall be no cancellation, material change, reduction in limits, or intent not to renew insurance coverage(s) without 30 days' prior written notice to Cowlitz County.

D. Failure to Maintain Coverage: If at any time during the contract term the Seller fails to maintain required insurance, the County may immediately suspend work or terminate this agreement.

In the event the purchase is for standalone products that do not involve any associated labor or installation, the County may, at its sole discretion, waive the insurance requirements set forth herein.

41. ELECTRONIC SIGNATURES. A signed copy of this Agreement or any other ancillary agreement transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of any original executed copy of this Agreement or such other ancillary agreement for all purposes.

42. SIGNATURES. The Parties affirm that the individuals signing this Agreement have been granted the authority to do so and by their signature affirm that the Parties will comply with the terms and conditions of this Agreement.

SELLER

Print Name:

Title:

Date:

COUNTY

Print Name:

Title:

Date:

COWLITZ

COWLITZ COUNTY REQUEST FOR PROPOSALS #2025-0052-01

LANDFILL THERMAL IMAGING SOLUTION

The Cowlitz County Department of Public Works is seeking proposals from qualified vendors to provide a mobile thermal imaging solution for early-stage fire detection at the Cowlitz County Headquarters Landfill. Proposals must arrive prior to 4:00 PM PST on September 18, 2025 at the following location:

Cowlitz County Purchasing Services

Attn: Ashley Claussen

RFP #2025-0052-01: Landfill Thermal Imaging Solution 1600 13th Ave S Kelso WA, 98626

Proposals can also be emailed to claussena@cowlitzwa.gov. Proposals shall be attached as one PDF attachment and the subject line shall read “Proposal Submission: RFP #2025-0052-01: Landfill Thermal Imaging Solution.”

The request is being made available electronically. If accepted by such means, the Proposer acknowledges and accepts full responsibility to ensure that no changes are made to the Request for Proposal documents. In the event of a conflict between a version of the Request in the Proposer’s possession and the version maintained by the County, the version maintained by the County shall govern.

A copy of the Request is also on file with the Clerk of the Board and may be viewed on the Cowlitz County website at: http://www.co.cowlitz.wa.us/bids.aspx

The Board reserves the right to reject any and all proposals, to waive any informalities in the proposals received, and to accept other than the low bid if it appears to be in the best interest of the County.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.

DATED this 26th day of August 2025.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

PUBLISHED:

PUBLICATION REQUIREMENT: To be published in one issue.

BILLING INFORMATION:

1) AFFIDAVIT TO: Cowlitz County Commissioners Attn: Clerk of the Board

2) BILL TO: Cowlitz County Public Works 1600 13th Ave S Kelso, WA 98626

BOCC Agenda

Meeting Date: 08/26/2025

BID AWARD - Solid Waste - High-Density Polyethylene Pipe

Submitted For: Shawn Roewe, Public Works

Submitted By: Emilie Cochrane, Public Works Department: Public Works

Information

Subject and Summary Statement

Bids were received and opened on August 11, 2025, for the one-time purchase of high-density polyethylene pipe. Five companies submitted bid proposals as indicated on the attached bid tabulation. Titan Earthworks submitted the lowest bid.

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 bid for the one-time purchase of high-density polyethylene pipe to the lowest responsible bidder, Titan Earthwork, for the total cost of $47,911.85, which includes Washington State sales tax.

APPROVED this 26th day of August, 2025

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Farrell, Commissioner

ATTEST: Kelly Grayson, Clerk of the Board

Fiscal Impact

Expenditure Required $: 47,912

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Solid Waste

Grant Y-N:

Bid Tabulation

Inbox

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Attachments

Form Review

Reviewed By Date

Mike Moss

08/19/2025 12:15 PM

Started On: 08/19/2025 08:45 AM

Cowlitz County Department of Public Works

BOCC Agenda

Meeting Date: 08/26/2025

CHANGE ORDER NO. 2 - 2025 Countywide Pavement Overlay Project - Project No. 2025 - Lakeside Industries

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Emilie Cochrane, Public Works

Information

Attached is Change Order No. 2 to the contract with Lakeside Industries for the 2025 Countywide Pavement Overlay Project. This change order addresses the additional cost and overrun of asphalt mix, as well as the increase of flagging and pilot car hours due to MUTCD requirements.

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 Change Order No. 2, with Lakeside Industries, for the 2025 Countywide Pavement Overlay Project, increasing the contract by $76,899.72 for a revised total of $2,908,870.72.

Fiscal Impact

Expenditure Required $: 76,899.72

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Roads

Grant Y-N: N

Change Order No. 2

Inbox

Susan Eugenis

Emilie Cochrane

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Attachments

Form Review

Reviewed By Date

Emilie Cochrane 08/19/2025 11:33 AM

Emilie Cochrane 08/19/2025 11:42 AM

Susan Eugenis 08/19/2025 01:06 PM

Susan Eugenis 08/19/2025 01:07 PM

Mike Moss 08/19/2025 02:03 PM

Started On: 08/19/2025 09:38 AM

Contract Title

1600 – 13th Avenue South

Kelso, WA 98626

TEL (360) 577-3030

FAX (360) 636-0845

www.co.cowlitz.wa.us/publicworks/

Change Order

2025 Countywide Pavement Overlay Project

Change Order Reference:

Reconciliation of Additional Costs

Prime Contractor

Lakeside Industries P.O. Box 576 Longview, WA 98632 360/423-6882

Project Engineer

Susan Eugenis, P.E. County Engineer Phone Number 360/577-3030

Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications Change proposed by Contractor

Approval required by Board of County Commissioners

Approval required by County Engineer

Change Order Description:

The approximate quantities in the Bid Proposal for the paving work are based on calculations using average depths for the overlay sections. The actual quantities may change due to variations of the road surface Payment is based on actual quantities of work performed.

There was a net increase of the overruns/underruns for the paving. The Kalama area, and Longview area, in particular, had severe rutting and inconsistencies causing an increase in paving quantities and additional costs.

Flagging and pilot car hours also increased due to MUTCD requirements in the field needing to appropriately cover roads in the vicinity of the overlay locations for the safety of the traveling public as well as the contractors work crew. The increased time is also needed for asphalt placement and to allow adequate cooling of the pavement before opening up the lane to traffic.

Therefore, this change order is written to increase the current contract amount by $76,899.72 to cover these additional costs.

All work, materials and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved unless stated otherwise in this document.

BOCC Agenda

Meeting Date: 08/26/2025

Addendum #4 to Interlocal Agreement with North Country Emergency Medical Service (NCEMS)

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Addendum #4 to the Interlocal Agreement with North Country Emergency Medical Services (NCEMS) to update the Composition of the Administrative Board and consolidate the Membership.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Addendum #4 Interlocal Agreement

Addendum #1 Addendum #2 Addendum #3

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 08/20/2025 04:27 PM Final Approval Date: 08/20/2025

FOURTH ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN

COWLITZ COUNTY EMERGENCY MEDICAL SERVICE DISTRICT NO. 1 AND

CLARK COUNTY EMERGENCY MEDICAL SERVICE DISTRICT NO. 1

AND TOWN OF YACOLT

This is Addendum No. 4 to an agreement entered into and effective January 1, 1987, under the Interlocal Cooperation Act (Ch 39.34, RCW) between Cowlitz County Emergency Medical Service District No. 1,Clark County Emergency Medical Service District No. 1 and theTown of Yacolt, by which the parties agree to jointly provide emergency medical services and to equip, maintain and operate a joint emergency medical services agency designated the "North Country Emergency Medical Service" (NCEMS) under the direct supervision of an Administrative board herein created for the purposes of carrying out the joint endeavor; and that such agency shall perform emergency medical services for all parties within the area designated herein; providing for the staffing of such agency and for budgeting, financing and detail of operation.

WHEREAS, the parties hereto agree that the changes are necessary to make the operation of the Administrative board more efficient.

IT IS AGREED:

A. Section3of theInterlocal Agreement isamended toread:

3.The NCEMS shall be governed by an Administrative Board consisting of a minimum of three board members a, b, and c being mandatory filled positions, and a maximum of 7 board members composed of the following:

a)A Cowlitz County Commissioner or designee

b)A Clark County Councilor or designee

c)A representative of the Yacolt Town Council

d)A resident of the unincorporated Amboy-View area which may be appointed by the Clark County Council

e)A resident of the Yacolt unincorporated area which may be appointed by the Clark County Council

f)A resident of the unincorporated Cougar-Yale area which may be appointed by the Cowlitz County Commissioners

g)A representative of any public body under a current contract with NCEMS for services in areas outside of Clark and Cowlitz counties.

Each of the members shall serve at the pleasure of the agency the member represents.

No member of the Administrative Board shall be paid for the member’s service thereon but

reasonable expenses for attendance at meetings may be paid.

Each member of the Administrative Board shall have an equal vote in Administrative Board decisions.

The Administrative Board shall meet as often as it finds necessary.

IN WITNESS WHEREOF, the parties hereto have executed this addendum in triplicate on the dates shown below.

Attest: ____________________________

Clerk to the Board

Approved as to Form Only

Prosecuting Attorney

By: ________________________

Deputy Prosecuting Attorney

Attest:

____________________________

Clerk to the Board

Approved as to Form Only

Prosecuting Attorney

By: ________________________

Deputy Prosecuting Attorney

Attest: ____________________________

Clerk to the Board

Approved as to Form Only

Prosecuting Attorney

By: ________________________

Deputy Prosecuting Attorney

CLARK COUNTY EMERGENCY MEDICAL SERVICE DISTRICT NO. 1

By: ________________________ Councilor

Date: ______________, 2025

COWLITZ COUNTY EMERGENCY MEDICAL SERVICE DISTRICT NO. 1

By: ________________________ Commissioner

Date: ______________, 2025

TOWN OF YACOLT

By: ________________________ Mayor

Date: ______________, 2025

BOCC Agenda

Meeting Date: 08/26/2025

Affidavit of Posting Resume for the month of July 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 July 2025.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Affidavit of Posting Resume'

Form Started By: Pervie Nancy Reed

Final Approval Date: 08/13/2025

Attachments

Form Review

Started On: 08/13/2025 11:21 AM

BOCC Agenda

Meeting Date: 08/26/2025

Memo dated 8/20/25 Consolidated Diking District No. 3 of Cowlitz County 2026 Preliminary Budget Estimate

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Information

Subject and Summary Statement

Memo dated 8/20/25 regarding the Consolidated Diking Improvement District No. 3 of Cowlitz County 2026 Preliminary Budget Estimate.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Memo

Form Started By: Kelly Grayson

Final Approval Date: 08/21/2025

Attachments

Form Review

Started On: 08/21/2025 09:02 AM

BOCC Agenda

Meeting Date: 08/26/2025

Memo 8/20/25 Drainage Improvement District No 1 2026 Budget Estimate

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Memo dated 8/20/25 regarding the Drainage Improvement District No. 1 2026 Budget Estimate.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Memo

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 08/21/2025 09:05 AM Final Approval Date: 08/21/2025

BOCC Agenda

Meeting Date: 08/26/2025

QUIT CLAIM DEED - Three Rivers Regional Wastewater Authority - Cowlitz County

Submitted For: Shawn Roewe, Public Works

Submitted By: Emilie Cochrane, Public Works Department: Public Works

Information

Subject and Summary Statement

Parcel 1012103, also known as 125 Industrial Way, was acquired by Cowlitz County through deed Volume 799-Page 868 AFN 754101 on November 19, 1973. This site is the location of the Three Rivers Regional Wastewater Treatment Authority (TRRWA). The Three Rivers Regional Wastewater Authority (TRRWA) is a municipal corporation organized pursuant to a Washington Joint Municipal Utility Services Agreement between Cowlitz County, the City of Longview, the City of Kelso, and Beacon Hill Water & Sewer District. Cowlitz County filed the quit claim deed on August 7, 2025 under AFN 3774349 transferring the ownership of parcel 1012103 by mere change in identity to Three Rivers Regional Wastewater Treatment Plant.

Will Staff Attend - NAME OF STAFF or No

Department Recommendation

It is the recommendation of the Department of Public Works that the Board acknowledge the transfer of land ownership as recorded on August 7, 2025 for the Commissioner's record.

Attachments

Quit Claim Deed - TRRWA Deed - International Paper to County

Inbox

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Form Review

Reviewed By Date

Susan Eugenis 08/19/2025 01:08 PM

Mike Moss 08/19/2025 02:03 PM

Started On: 08/19/2025 08:06 AM

Meeting Date: 08/26/2025

APPROVAL OF EXPENDITURES – Drainage Improvement District No. 1 – June 2025 Vouchers

Submitted For: Susan Eugenis, Public Works

Submitted By: Emilie Cochrane, Public Works Department: Public Works

Information

Subject and Summary Statement

On August 14, 2025, the Supervisor for Drainage Improvement District No. 1 ratified payments of the expenses incurred in June 2025 for $1,020.27. Attached is the Voucher Ratification outlining said expenses. These expenses are included in the 2025 Budget.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

Drainage Improvement District No. 1 recommends approval of the June 2025 ratification of the vouchers in the total amount of $1,020.27.

APPROVED this 26th day of July 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

Fiscal Impact

Expenditure Required $: 1020.27

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Drain 1

Grant Y-N: N

Voucher Ratification

Inbox

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Attachments

Form Review

Reviewed By Date

Susan Eugenis 08/19/2025 04:04 PM

Started On: 08/19/2025 03:44 PM

BOCC Agenda

Meeting Date: 08/26/2025

AGREEMENT - WSDOT Local Agency Agreement Supplemental No. 1 - Allender Road Bridge Replacement - Project No. 1810

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Emilie Cochrane, Public Works

Information

Attached is a Project Prospectus and Local Agency Agreement Supplement No. 1 for Federal Funding of the Allender Road Bridge Replacement Project. The purpose of the agreement is to obligate $1,975,000 in federal funding for the construction phase of the project and to reallocate $50,000 of federal funds for the PE phase from Consultant to the County (Agency). The total estimated construction cost of the project is $2,254,000, with $1,975,000 from FHWA’s Surface Transportation Program – Highway Bridge Program, and $279,000 from County Road Funds.

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 authorize the Chairman to execute said Project Prospectus (last page) and Supplement No. 1 to the Local Agency Agreement (page 1) for submittal to WSDOT.

Attachments

LAA Supplement LAA - WSDOT Executed

Form Review

Inbox Reviewed By Date

Chris Andrews

Emilie Cochrane

Chris Andrews

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Emilie Cochrane 08/19/2025 11:42 AM

Chris Andrews 08/19/2025 11:58 AM

Susan Eugenis 08/19/2025 01:05 PM

Mike Moss 08/19/2025 02:03 PM

Started On: 08/19/2025 10:02 AM

Agency

Project Number Agreement Number

Supplement Number

ALN. 20.205 - Highway Planning and Construction

All provisions in the basic agreement remain in effect except as modified by this supplement.

The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows:

Project Description

Name

Termini

Description of Work No Change

Reason for Supplement

Indirect Cost Rate Yes No

Type of Work

b.Other

Federal Aid

Participation

Ratio(s) for PE

Right of Way

Federal Aid

Participation

Ratio(s) for RW

Construction

Federal Aid

Participation

Ratio(s) for CN

c.Other

d.State Services

e Total PE Cost Estimate

f. Agency

g.Other

h.Other

i.State Services

j Total R/W Cost Estimate

k.Contract

l.Other

m.Other

n.Other

o. Agency

p.State Services

q. Total CN Cost Estimate

r Total Project Cost Estimate

Project Agreement End Date

Advertisement Date

Length

The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.

Agency Official

By Title

Agency Date

Washington State Department of Transportation

By Director, Local Programs

Date Executed

Project Number Agreement Number

VI. Payment and Partial Reimbursement

ALN 20.205 - Highway Planning and Construction

The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project.

The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.

The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX).

VII. Audit of Federal Consultant Contracts

The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government.

An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation.

IX. Payment of Billing

The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).

Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement.

VIII. Single Audit Act

The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $1,000,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State.

XVII. Assurances

Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).

Instructions

1. Agency – Enter the agency name as entered on the original agreement.

2. Supplemental Number – Enter the number of the supplement. Supplement numbers will be assigned in sequence beginning with Number 1 for the first supplement.

3. Project Number – Enter the federal aid project number assigned by WSDOT on the original agreement.

4. Agreement Number – Enter the agreement number assigned by WSDOT on the original agreement.

5. Project Description – Enter the project name, length, and termini.

6. Description of Work – Clearly describe if there is a change in work such as the addition or deletion of work elements and/or changes to the termini. If the work has not changed, put a check mark in the “No Change” box.

7. Reason for Supplement – Enter the reason for this supplement, i.e., increase PE funding to cover design changes presented in the revised prospectus; request funding of construction phase; decrease construction funding to the contract bid amount. If the supplement is authorizing a construction phase, the project’s proposed advertisement date must be included in the space provided.

8. Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the supplement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See Section 23.5 for additional guidance.

9. Project Agreement End Date – Enter your previously established Project Agreement End Date. If authorizing a new phase of the project, update the Project Agreement End Date based on the following guidance:

a. For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”.

b. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”.

c. If an extension to a Project Agreement End Date is required between phase authorizations, the need for the extension must be described in the Reason for Supplement. Adequate justification to approve the extension must be submitted with the supplement. See Section 22.3 for additional guidance.

10. Advertisement Date -At construction authorization only, enter the proposed project advertisement date (mm/dd/yy).

11. Type of Work and Funding (Round all amounts to the nearest whole dollar).

a. Column 1 – Enter the amounts from column 1 of the original local agency agreement. If the agreement has already been supplemented, enter the amounts by type of work from column 3 of the last supplemental agreement.

b. Column 2 – Enter increase/decrease to total amounts requested by type of work.

c. Column 3 – Add the amounts in columns 1 and 2.

d. Columns 4 and 5 – Enter the appropriate amounts based on the participation ratio recorded on the original agreement.

e. State Services – All authorized phases must have funding for state services. Enter the estimated amounts in columns 1 through 5 as described above.

12. Signatures – An authorized official of the local agency signs the Supplemental Agreement and enters their title and date of signature (mm/dd/yy). Note: Do NOT enter a date on the Date Executed line.

Washington State

1 Department of Transportation Local Agency Agreement

Agency Cowlitz County

Address 1600 13th Avenue South

CFDA No. 20. 206

Catalog or Federal Domestic Assistance)

Project No. G7i` Q 5 —zo08C033 Kelso, WA 98626

Agreement No. LA. 9965

For OSC WSDOT Use Only

The LocalAgency having complied, orhereby agreeing to comply, with the terms and conditions set forth in( 1) Title 23, U.S. Code Highways,( 2) theregulationsissuedpursuant thereto,( 3) 2CFRPart200,(4) 2CFR Part 180- certifyingthatthelocal agencyisnot excluded from receiving Federal funds by a Federal suspension ordebarment,( 5)the policies and procedures promulgated by the WashingtonState DepartmentofTransportation, and(6) thefederal aidprojectagreemententered intobetween the State and Federal Government, relative to the aboveproject,theWashington State DepartmentofTransportation willauthorizethe LocalAgency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shownherein on line r,column3,withoutwritten authority bythe State, subjecttotheapproval ofthe Federal HighwayAdministration. Allproject costs not reimbursed by the FederalGovernment shall be the responsibility ofthe LocalAgency.

Project Description

Name Allender Road Bridge Replacement '

Termini Milepost 0.73 to 0.75

Description of Work

The project consists ofremoving the existing bridge over Stillwater Creek and installing a new bridge. The approaches to the. bridge will be reconstructed as needed.

Project Agreement End Date 12/ a 112024

Construction Method of Financing (Check Method Selected)

State Ad and Award

Method A- Advance Payment- Agency Share of total construction cost( based on contract award)

Method•B- Wthhold from gas tax theAgency's share oftotal construction coast( line 5, column 2) in the amount of at$ per month for months,

Local Force or Local Ad and Award

MethodC- Agency cost incurred with partial reimbursement •

The LocalAgency further stipulates that pursuant..to said Title 23,.regulations and policies and procedures, and asaconditiontopaymentofthefederalfundsobligated,itacceptsandwillcomplywiththeapplicableprovisions set forth below. Adopted by official action on. • Resolution/ Ordinance No.

Provisions

I. Scope.of Work

TheAgency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth In detail in the" Project Description" and" Type ofWork,"

When the State acts for and on behalf ofthe Agency, the State shall be deemed anagent oftheAgency and shall perform the services described and indicated in" Type ofWork" on the face ofthis agreement, in accordance with plans and specifications as proposed by theAgency and approved bythe State and the Federal Highway Administration.

When the State acts fortheAgency but is not subject tothe right ofcontrol bytheAgency, the State shall have the rightto perform the work subject to the ordinary procedures of the State and Federal Highway Administration.

II. Delegation of Authority

The State is willing to fulfill the responsibilities tothe Federal Government bythe administration ofthis project. TheAgency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. Ifthe State advertises and awards the contract, the State willfurther act forthe Agency In allmatters concerning the project as requested bytheAgency. ifthe LocalAgency advertises and awards the project, the State shall review the work toensure conformity with the approved plans and specifications.

III. Project Administration

Certain types ofwork and services shall be provided by the State on this project as requested by theAgency and described in the Type ofWorkabove. In addition, theStatewillfurnish qualified personnel forthesupervision and Inspection oftheworkinprogress.On LocalAgency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in cpnformance with approved plans,specifications, andfederal aid requirements. The salaryofsuch engineer or othersupervisor and all othersalaries and costs incurred byState forces upon the project will be considered acost thereof.Allcosts related tothis project incurred by employees ofthe State in thecustomary manneron highway payrolls andvouchers shall becharged ascosts oftheproject.

IV. Availability of Records

All project records in support ofall costs Incurred and actual expenditures kept bytheAgency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department ofTransportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available forsuch inspection for aperiod ofnot less than three years from the final payment ofany federal aid funds totheAgency. Copies ofsaid records shall be furnished tothe State and/or Federal Government upon request

V. Compliance with Provisions

TheAgency shall not incur any federal aid participation costs on any classification ofwork on this project until authorized in writing bythe State foreach classification. The classifications ofwork forprojects are:

1. Preliminary engineering,

2. Right of way acquisition.

3. Project construction.

Once written authorization is given, theAgency agrees to show continuous progress through monthly billings. Failure toshow continuous progress may result theAgency's project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement dosure.

ifrightofway acquisition, oractual construction ofthe road forwhich preliminary engineering is undertaken is notstarted bythe closeofthetenth fiscal yearfollowingthefiscal yearinwhich preliminary engineering phasewas authorized, theAgencywill repayto the State the sum or sums of federal funds paid to the Agency under the terms ofthis agreement( see Section IX).

Ifactual construction ofthe road forwhich right ofway has been purchased Is not started by the close ofthe tenth fiscal year following the fiscal year in which the right of way phase was authorized, theAgency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement( see Section IX).

TheAgency agrees that all stages ofconstruction necessary toprovide the initially planned complete facility within thelimits ofthis project will conform to at least the minimum values set byapproved statewide design standards applicable tothis class ofhighways, even though such additional work Is financed without federal aid participation.

TheAgency agreesthatonfederal aidhighwayconstruction projects,thecurrentfederalaid regulationswhich applyto liquidated damages relative tothebasisoffederalparticipation intheprojectcoatshall be applicable Intheeventthecontractorfallsto complete the contract within the contract time.

VI. Payment and Partial Reimbursement

Thetotalcostoftheproject,includingallreviewandengineeringcostsandotherexpensesoftheState,istobepaidbytheAgencyandbythe Federal Government. Federal funding shallbein accordance with the Federal Transportation Act, as amended, 2 CFR Part 200,TheStateshallnotbeultimatelyresponsibleforanyofthecostsoftheproject.TheAgencyshallbe ultimatelyresponsibleforell costs associated with the project which are not reimbursed bythe Federal Government. Nothing in this agreement shall be construed as apremise by the State as to the amount or nature of federal participation in this protect.

TheAgency shallbillthe state forfederal aid projectcosks incurred inconformity with applicable federal andstate laws.Theagency shallminimize thetimeelapsed between receiptoffederalaidfundsandsubsequentpaymentofincurredcosts. Expenditures bythe LooalAgenoy.formaintenance, general administration, supervision, andotheroverhead shall not beeligible forfedderalparticipation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal.Awards, and retained for audit.

TheState will pay forState incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement ofthose costseligible forfederal participation to theextent thatsuch costs are attributable and properly allocableto this project. The State shall bill theAgency forthat portion ofState costs which were not reimbursed by the Federal Government( see Section IX).

Project Construction Costs

Projectconstruction financing willbeaccomplished by one ofthe threemethods asindicated in thisagreement.

Method A—TheAgency will place with the State, within( 20) days afterthe execution ofthe construction contract, an advance in the amount oftheAgency'sshareofthetotal construction coatbased onthe contract award.The State will notify theAgency oftheexact amount to be deposited with the State. The State will payall costs Incurred under the contract upon presentation ofprogress billings from thecontractor, Following such payments, theState will submit abilling tothe Federal Government forthefederal aidparticipation share ofthe cost.When the projectissubstantially completed andfinal actual costs ofthe project can bedetermined, theStatewill present theAgency with afinal billing showing theamount due the State orthe amount due theAgency.This billing willbecleared by either a payment from the Agency to the State or by a refund from the State to theAgency.

Method B-- TheAgency'sshare ofthe total construction costes shown ontheface ofthisagreement shall bewithheld from Its monthlyfuel taxallotments.Thefaceofthisagreement establishes the monthsinwhich thewithholding shall take place and theexact amounttobewithheld each month. Theextentofwithholding will be confirmed byletterfromthe Stateatthe time ofcontract award. Upon receipt ofprogress billingsfrom thecontractor,theState will submitsuch billingstothe Federal Government forpayment ofits participating portion of such billings.

Method C— TheAgency may submit vouchers to the State inthe format prescribed bythe State, induplicate, notmore than once permonthforthosecosts eligibleforFederal participation totheextentthatsuchcostsaredirectlyattributableand properly allocable to this project. Expenditures by the LocalAgency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan.

TheStateshallreimbursetheAgencyfortheFederalshareofeligibleprojectcostsuptotheamountshownonthefaceofthisagreement.Atthetime ofaudit,theAgencywill provide documentation ofall costs incurred ontheproject.The Stateshall bill the Agency forallcosts Incurred bytheState relativetothe.project.TheStateshall alsobilltheAgencyforthe federal fundspaid bythe Stateto theAgency forproject costswhich are subsequently determined to be ineligible forfederal participation( see SectiontX).

VII. Audit of Federal Consultant Contracts

TheAgency, ifservices ofa consultant are required, shall be responsible foraudit ofthe consultant's records todetermine eligible federal aid costs on the project. The report ofsaid audit shall be intheAgency's files and made available tothe State and the Federal Government.

An audit shall be conducted bytheWSDOT internalAuditOffice inaccordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, andAgreement Administration; memoranda ofunderstanding between WSDOT and FHWA; and 2 CFR Part 200.501- Audit Requirements.

Ifupon audit itisfound that overpayment orparticipation offederal money In ineligible items ofcost has occurred, theAgency shall reimburse the State for the amount of such overpayment or excess participation( see Section IX).

VIII. Single Audit Act

TheAgency,as asubreclpient offederal funds, shall adhere tothe federal regulations outlined In 2CFR Part200.501 aswell as all applicable federal and state statutes and regulations. Asubrecipient who expends$ 750,000 or more in federal awards from all sources during a given fiscal yearshall have asingle orprogram-specific audit performed forthatyear In accordance with the provisions of2 CFR Part 200.501. Upon conclusion ofthe audit, theAgency shall be responsible for ensuring that acopy ofthe report is transmitted promptly to the State.

IX. Payment of Billing

TheAgency agrees that ifpayment or arrangement forpayment ofanyofthe State'sbilling relative tothe project( e.g., State force work,project cancellation, overpayment, cost Ineligible forfederal participation, etc.)is not made totheState within 45 days after theAgency has been billed, the State shall effect reimbursement ofthe total sum due from the regular monthly fuel tax allotments to theAgency from theMotorVehicle Fund, No additional Federal project funding will beapproved until full payment is received unless otherwise directed by the Director, Local Programs.

Project Agreement End Date- This date is based on your projects Period of Performance( 2 CFR Part 200.309), •

Any costs incurred after the Project Agreement End Date are NOTeligible forfederal reimbursement. All eligible costs incurred prior tothe ProjectAgreement End Date must besubmitted for reimbursement within 60 days after the ProjectAgreement End Date orthey become ineligible for federal reimbursement.

X. Traffic Control, Signing, Marking, and Roadway Maintenance .

The Agency will notpermit any changes to be made in the provisions forparking regulations and traffic control onthis project • ••• without priorapproval ofthe State and Federal HighwayAdministration. TheAgency will not install orpermitto be installed any signs, • signals,ormarkingsnotInconformance withtheStandards approved bytheFederal HighwayAdministration and MUTCR.TheAgency will, at its own expense, maintain the improvement covered by this agreement..

Xl. Indemnity

The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, orsuits, whether at law orequity brought against theAgency, State, or Federal Government, arising from the Agency's execution, performance, orfailure to perform any oftheprovisions ofthis agreement, orofany otheragreement orcontract connected with this agreement, or arising by reason ofthe participation ofthe State or Federal Government In the project, PROVIDED, nothing herein shall require the Agency to reimburse the State orthe Federal Government fordamages arising out of bodily injury to persons ordamage to property caused by or resulting fromthe sole negligence ofthe Federal Government orthe State.

XII, Nondiscrimination Provision

No liability shallattach totheState or Federal Governmentexcept asexpressly provided herein.

TheAgency shallnotdiscriminate onthe basis ofrace, color,national origin, orsex inthe award andperformance ofany USDOT assisted contract and/oragreement or in the administration ofIts DBE program orthe requirements of49 CFR Part26.The Agency shall take all necessary and reasonable steps under 49CFR Part26toensure nondiscrimination intheaward and administration of USDOT-assisted contractsand agreements. TheWSDOT's DBE program, asrequired by49CFR Part28and asapproved by USDOT, is incorporated by reference In this agreement, Implementation ofthis program is a legal obligation and failure to carry out its terms shall be treated as aviolation ofthisagreement. Upon notification totheAgency ofitsfailure to carry out Its approved program, the Department may Impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/orthe Program Fraud Civil RemediesAct of1986( 31 U.S. C. 3801 et seq.).

The Agency hereby agrees that it will incorporate orcause to be incorporated into any contract for construction work, or modification thereof,asdefined intherulesand regulations oftheSecretaryofLaborin41 CFR Chapter60,which is paid forinwhole orin partwith funds obtained from the Federal Government orborrowed on the credit ofthe Federal Government pursuant to agrant, contract, loan, insurance, orguarantee or understanding pursuant to anyfederal program involving such grant, contract, loan, insurance, orguarantee, the required contract provisions for Federal-Aid Contracts( FHWA 1273), located in Chapter 44 ofthe Local Agency Guidelines.

TheAgency furtheragrees thatitwill be bound by the above equal opportunity clause with respect to Its own employment practices when it participates in federally assisted construction work: Provided, that ifthe applicant so participating is a State or Local Government, theabove equal opportunity clause isnotapplicable toany agency, instrumentality, orsubdivision ofsuch government which does not participate In work on or under the contract.

The Agency also agrees:

1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.

2) To furnish the State such information as it may require for the supervision of such compliance and that Itwill otherwise assist the State in the discharge of its primary responsibility forsecuring.compliance.

3) Torefrain from entering Into anycontractorcontractmodification subject to Executive Order 11246ofSeptember24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for,government contracts and federally assisted construction contracts pursuant to the Executive Order.

4) To carry outsuch sanctions and penalties for violation ofthe equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, orthe Secretary of Labor pursuant to Part II, subpart D ofthe Executive Order.

in addition, theAgency agrees that ifitfails orrefuses to comply with these undertakings, the State may take any orall ofthe following actions:

a) Cancel, terminate, or suspend this agreement in whole or in part;

b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from theAgency; and

0) Refer the case to the Department of Justice for appropriate legal proceedings.

Xili. Liquidated Damages

The Agency hereby agrees that the liquidated damages provisions of23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable In the event the contractor falls to complete the contract within the contract time, Failure to Include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.

XIV. Termination for Public Convenience

The Secretary of the Washington State Department ofTransportation may terminate the contract In whole, or from time to time In part, whenever:

1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. •

2)The contractor isprevented from proceeding withthework asa direct result ofan Executive OrderofthePresident with respect to the prosecution of war or in the Interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation ofenergy resources.

3) The contractor Is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining orderofa court ofcompetentjurisdiction where the issuance ofsuch orderisprimarilycaused by the acts oromissions of persons or agencies other than the contractor.

4) The Secretary Is notified by the Federal HighwayAdministration thatthe project isinactive.

5) The Secretary determines that such termination is in the best interests of the State.

XV.Venue for Claims and/or Causes ofAction

For the convenience ofthe partiestothiscontract, itis agreed thatanyclaims and/orcauses of action which the LocalAgency hasagainstthe State ofWashington, growing out ofthis contract orthe projectwith which it isconcerned, shall be brought only in the Superior Court for Thurston County.

XVI. Certification Regarding the Restrictions ofthe Use of Federal Funds for Lobbying

The approving authority certifies, to the best of his or her knowledge and belief,that:

1) No federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee ofCongress, or anemployee ofa member ofCongress in connection with the awarding ofany federal contract, the making ofany federal grant, the making ofany federal loan, the entering into ofany cooperativeagreement, andthe extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) ifany funds other than federal appropriated funds have been paid orwill be paid to any person for Influencing or attempting to Influence an officer oremployee ofany federal agency, a member ofCongress, an officer oremployee ofCongress, oran employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Fort- LLL," Disclosure Form to Report Lobbying," in accordance with its instructions.

3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers( including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed$ 100,000, and that all such subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any personwho falls tofilethe required certification shall be subjectto acivil penalty ofnotlessthan$ 10,000andnot morethan 100,000 for each such failure.

XVII. Assurances

Local agencies receiving Federal funding from the USDOT or Its operating administrations( i.e., Federal HighwayAdministration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State,documenting thatall programs, activities, and services will beconducted in compliance with Section 504 and the Americans with Disabilities Act( ADA).

Additional Provisions