Loading...
HomeMy WebLinkAboutD - Fully Executedp AGENDA DATE: ACTION REQUESTED: KITTITAS COI]NTY Board of County Commissioners AGENDA STAFF'REPORT April7,2026 Request to Boards signature on Agreement for Services with Gibson and Son Road Building for the Cle Elum Transfer Station Driveway Improvements and Tank Replacement Project. BACKGROUND:The County received eight bids on March 3,2026 for the Cle Elum Transfer Station Project. On March 16'2026 SCJ Alliance completed their bid review and issued a letter recommending awarding the project to Gibson and Sons Road Building. INTERACTION:Facilities and Waste Operations Director, SCJ and Prosecutors office RECOMMENDATION: Recommend Boards signature on the Agreement for Services for the Cle Elum Transfer Station Driveway Improvement and Tank Replacement project. HANDLING:Original - Clerk of the Board ATTACHMENTS:Agreement for Services Patti Stacey, Facilities and Waste Operations DirectorLEAD STAFF: KITTITAS COUNTY AGREEMENT FOR SERVICES This Agreement for Services (hereinafter "Agreement") is entered into by and between Kittitas County (hereinafter "County"), a political subdivision of the State of Washington, and Gibson & Son Road Building, lnc. ( hereinafter "Contractor"). The purpose of this Agreement is as follows: Cle Elum Transfer Station Driveway lmprovements and Tank Replacement Project. The term of this Agreement shall be from the date of execution through , unless the Agreement is terminated early or its term is extended as provided herein. The parties' addresses and points of contact for the administration of this Agreement are as follows: COUNTY CONTRACTOR Kittitas county solid waste 205 W. 5th Ave Suite 199 Ellensburg, WA 98926 Patti Stacey Facilities and Waste Operations Director PAtli. Stacev@ co. kittita s. w.a. us 509-962-7542 Gibson & Son Road Building, lnc. 72215. Thorp Highway Ellensburg, WA 98926 Kory Gibson Vice President This Agreement includes the following, which are attached hereto and hereby incorporated by this reference: Attachment "A": Attachment "B": Attachment "C": Attachment "D": Attachment "E": Attachment "F": Kittitas County Agreement for Services (rev.5/L4/251 Page 1 of 19 509-201-1023 Scope of Work Compensation I nsurance Requirements General Terms and Conditions W-9 (Contractor must complete and return to the County for payment) Retirement Status Form (Contractor must complete and return to the County for payment f Contractor is an individual, as opposed to a corporate business entity) KITTITAS COUNTY BOARD OF COU NERS mt Date: l) U" 'D-V A t n rk of the ch Attest ard CONTRACTOR Sign Printed Name Title re fttct Date:4ht lN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties through their authorized representatives, effective as of the latest date written below. Kittitas County Agreement for Services (rev.5h4/25], Page 2 of 19 ATTACHMENT OA" SCOPE OF WORK The Kittitas County Cle Elum Transfer Station Driveway lmprovements and Tank Replacement Project is a State and locally funded project that consists of demolition, grading, surfacing, paving, illumination, waste-water tank replacement, cement concrete pavement, retaining walls and pavement markings. Work is to be performed in accordance with the Plans and Specifications Attached Dated January 2026, SCJ Project No. 22-00029-9. Kittitas County Agreement for Services (rev. 5/L4/251 Page 3 of 19 ATTACHMENT,,B, COMPENSATION THE COUNTY WILL NOT PROCESS PAYMENT FOR SERVICES RENDERED UNDER THIS AGREEMENT UNTIL CoNTRACTOR SUBMtTS A COMPLETED W-9 (SEE ATTACHMENT "E"). As full compensation for satisfactory performance of the work described in Attachment "A", and within thirty (30) days of receiving Contractor's itemized invoice, the County shall pay Contractor the following amount(s) plus any applicable taxes as detailed in Contractor's invoice: Payment will be the per the Bid Proposal dated March 3,2026 attached. ^ Unless otherwise provided herein, Contractor shall be solely responsible for Contractor's travel and related expenses. Kittitas County Agreement for Services (rev.5/M/25lr Page 4 of 19 ATTACHMENT'C" INSURANCE REQUIREMENTS Contractor shall secure and maintain in effect at all times during performance of work under this Agreement such insurance as will protect Contractor, its employees, and agents from all claims, losses, harm, costs, liabilities, damages and expenses arising out of Contractor's performance under this Agreement, including but not limited to personal injury (including death) or property damage. Allinsurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class Vll or better in the most recently published edition of Best's Reports unless otherwise approved by the County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. At a minimum, Contractor shall maintain and provide proof of the following selected options X CommercialGeneralLiabilitylnsurance Coverage limits not less than: o $1,000,000 per occurrence, for all covered losses o $2,000,000 general aggregate o $1,000,000 products & completed operations aggregate o $1,000,000 personal and advertising injury, each offense The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. X Commercial Automobile Liability lnsuranle Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9948 endorsement attached if 'pollutants' are to be transported. Coverage limits not less than: o $1-,000,000 combined single limit Excess or Umbrella Liabilitv . Contractor shall provide Excess or Umbrella Liability coverage of 55,000,000. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the Commercial General and Automobile lnsurance policy coverages. lf used to meet limit requirements, coverage must be at least as broad as specified for underlying coverages, and must cover those insured in the underlying policies, . This requirement may alternatively be satisfied through Contractor's primary Commercial General and Automobile Liability coverage, or any combination thereof. . The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. . Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits. . There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. m ensation & Em /s Liabili Contractor shall provide Workers Compensation and Employer's Liability insurance on a state-approved policy form providing benefits as required by law with employer's liability limits no less than $1-,000,000 per accident or disease, Kittitas County Agreement for Services (rev.5/14/25lr Page 5 of 19 I I Professional Liabilitv / Errors and Omissions Liabilitv . Coverage limits not less than: o $L,000,000 each claim r Contractor must provide evidence of this coverage on a policy form appropriate to Contractor's profession. n I Other insurance coverage as deemed appropriate by either the County Risk Manager or the assigned Deputy Prosecuting Attorney. Additional insurance types which the County may need to require (non- exhaustive list): Cyber, Pollution, Aircraft, Watercraft, Liquor, Crime/Fidelity, Sexual Abuse & Molestation, Jones Act, Longshoremen/Harborworkers, Marine. I Contractor shall furnish to the County a Certificate of lnsurance, with endorsement where required above, as evidence that policies providing insurance required by this Agreement are in full force and effect, Contractor's insurance policies required above must apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to the County. Contractor agrees to provide notice to the County at least thirty (30) days prior to cancellation, or any material alteration or non-renewal, of any of the above-required insurance coverages. Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, machinery, equipment, or motor vehicles owned or utilized by Contractor, or Contractor's agents, employees, suppliers or contractors, as well as to any temporary structures, scaffolding and/or protective fences. Contractor shall have sole responsibility for ensuring the insurance coverage and limits required herein are also obtained by any subcontractors. NOTE: Notwithstanding any other provision(s) of this Agreement, no contract shall form under this Agreement until and unless the following are provided to the County: (1) a copy of the Certificate(s) of lnsurance with all required endorsements, properly completed and in the amounts required, and (2) where requested by the County, a copy of the required insurance policies, including all required endorsements. Kittitas County Agreement for Services (rev.5lt4/251 Page 5 of 19 --ACORD" GtBS&SO-02 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 41712026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s). may require an endorsement. A statement on PRODUCER Terril, Lewis & Wilke lnsurance, lnc. P.O. Box 1789 Yakima, WA 98907 CONTACT NAMF' ljlS)r1, .,u, (soe) 248-3s1 5 248-3673 ns.com INSURERISI AFFORDING COVERAGE NAIC { TNsURFR a , Admiral lnsurance co 24A56 INSURED Gibson & Son Road Building, lnc 1221 Thorp Highway South Ellensburg, WA 98926 rNsuRFR B, Navioators Soecialtv lnsurance Go, INSI'RER C : INSIIRER D : INSTJRER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTOALLTHETERIVIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSRtio ryPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS.i/ADE OCCUR x Contractor's LIMIT APPLIES PER: PRO.JECT | | LUUx cAo00047581 44 12t26t2025 12t26t2026 EACH OCCURRENCE $1,000,000 RENTED $300,000 MED EXP fAnv one oerson)$5,000 PFRSONAI & AN\/ IN-IIIRY g 1,000,000 GFNtrRAI AGGRFGATF $2,000,000 ppnnt tcTs COMP/OP AGG $2,000,000 WA STOP GAP s 1,000,000 B AUTOMOBILE LIABILITY ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEOULED AUTOS NON-OWNED AUTOS ONLY =424MOT02321201 't212612025 1212612026 Q 1'000'000 Rnnll Y lN.lllRY lPpr nersnn\$ Ronll Y lN.lllRY lPer ecci.lcntl s PROPERry DAMAGE $ s UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-IVIADE FACH OCCI JRRFNCF s AGGRFGATF $ DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEFVEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS below N/A PERqTATI ITtr OTH-trR tr I FACH ACCIDFNT $ F I DISFASF - FA FMPI OYEE $ F r ntsFAsF - Pot lcY I lMlT $ DESCRTPTIONOFOPERATTONS/LOCATIONS/VEHICLES (ACORDl0l,AdditionalRemarksSchedule,maybeattacheditmorespaceisrequired) Project: Cle Elum Transfer Station Driveway lmprovements and Tank Replacement Kittitas County Solid Waste, county and its officials, employees and agents per written contract is additional insured per form CG2010 0413. Waiver of subrogationandprimarynon-contiibutorycoverageappliesperAD6S930225. AutoadditionalinsuredperformCA2O4E l0l3,waiverofsubrogationapplies per ANF7040215 Kittitas Gounty Solid Waste 205 W. sth Ave Suite 199 Ellensburg, WA 98926 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t=- nt llt'q @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016t03) POLICY NUMBER:COMMERCIAL AUTO cA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVEMGE FORM MOTOR CARRIER CO\iERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifes person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who ls An lnsured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured: Endorsement Effective Date : SCHEDULE Nare Of Person(s) Or Organization(s): ANY PARTY V{ITH II]HICH THE IT{SURNT] DO']S BUSII'IESS WHEN REQUIREIJ BY A h]RITTEN AGREEMENT EXECUTED PI{ICR TO A LOSS. lnformation reouired to complete this Schedule. if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the \A/ho ls An lnsured provision contained in Paragraph A.1. of Section ll - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section | - Covered Autos Coverages of the Auto Dealers Coverage Form. @ lnsurance Services Office, lnc., 201 1 Prod u€r Copy cA20 48 t0 1s Page { ofl FOLICY I-IUMEE.R:COMM EFCIAL GEHEHAL LIAEILITY cG!0 t00413 THIS ENDOHSEMENT CHAHGES THE FOLICY. FLEASE HEAD IT CAFEFULLY ADD|flONAL tN$URED - OUUNEH$, LESSEES OH CONTHACTORS - SCHEDULED PEH$ON OH OHGANIZATION Th is endorsement m cclif i+s in suran+e p rovided u nder th e f+llowing C OMMEHSI AL GEN ERAL LIAB IL ITY COVE.RAG E FAH T SCHEDULE Hame Of Addltlonal lnsureil ferson[r] or OEanllatlon(s] BLANKET WHERE REQUIRED BYWRITTEN CONTRACT tficatbn(sl ol couered Opemtlons lnformalion rquirdtocomplet+this S+hedul+, i{ not sh*wn ab+ve, wi ll be shown in the D*larations. A. S€cilon ll - Who ls An Insured is amended to inolude as an additional insured th+ person(sJ or organization{s) shown in the S+hdule, but only with respe+t to liability f or "bodily injury", "propedy damage" or "personal and advertising injury" caus+d, in whole or in part, by: l. Y+ur acts or omissions;or 2. The a+ts +r omissi+ns +f those a+ting on your behalf ; in the perlorman++ of your ongoing op+ratione forthe additional in su red(sJ at th+ location{s) d+si;nated ab+r,+. H OW+ver: 1. The insuran+e afforded t+ such additional insured only applies to the +xtent permitted hy law;and E. ll ooverage provided to the additional insured is r+quired by a +ontra+t or agreement, the insuran+e a{forded to such additional insured will not be broader than that whi+h you ar+ r+quird by the oontra+t or agreement to provide f or su+h additianalinsured. B. l'lith r+spe*t to the insuran*e afforded to these additi+nal insur+ds, the following additional ex+lusions apply: This insuran++ d+es not apply t+ "hodily injury" +r "propedy dam age" c*ourring after: L All work, in+luding mat+rials, patts or equipm+nt furnished in o+nn*+tion with such work, on th + proj++t {other than s+rvi+e, maintenan++ or repairs) t+ be performed by or on behalf oJ the additi+nal insurecl{s) at th+ lc+ation of the ++vered op+rations has b+en +ompleted; or GG20 tO04 t3 S lnsuranc+ S+rvic+s Office, ln+., 2012 Fage I ol! cG20 r00413 2. That p+rtion of "your worl{' oul +f which the injury or damage arises has be+n put to its iniended use by any person or +rganizati+n clher than another +ontractor or sub+ontra+t+r engaged in performing operalions for a principal as a paft of the same proje+t. C. With respe+t to the insuran++ aflord+d to thes+ additional insureds, the following is add*l to $ectlon lll- Llmlts Of lnturance: lf +overage pr+vHed to th+ additional insured is required by a +ontract or agr+ement, th+ most we wili pay on behalf +f th+ a-cHitional insurd is th+ amount o{ insuran++: 1. Required by the +ontraot or agreemenl, or 2. Availabl+ under the applicable Limits lnsurance shown in the D+clarations; whi+h+ver is l+ss. Th is end+rsem ent sh all not increase appli+abl+ Limits +1 lnsuran++ shown in Declarati+n s. o{ th+ the All terms and condltlons apply unlesE modlfl€d by thls endorsement' Fage 2ol 2 O lnsurance S+rvices O{fic*, ln+., 2012 cG 20 l0 04 13 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVEMGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRI ER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who ls An lnsured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured: Endorsement Efiective Date: SCHEDULE Narrc Of Person(s) Or Organization(s): ANY PARTY V\]ITH hlHlCH THE INSUREI] I]OES BUSITIESS }{HEN REQUIRED BY A h]RITTEN AGREEMENT EXECUTED PRIOR TO A LOSS. lnformation required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Govered Autos Liability Coverage, but only to theextent that person or organization qualifies as an "insured" under the Wro ls An lnsured provision contained in Paragraph A.1, of Section ll - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. @ lnsurance Services Office, lnc., 201 '1 PrcLlu@r Copy COMMERCIAL AUTO cA 20 48 10 13 cA20 48 10 13 Page I of1 Policy Nuurber:AD 68 93 0225 Effective Date: TIIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COI{TRACTORS ENHAI\CED COVERAGE (Commercinl General Liability Coverage Form) This endorsement modifies insurance provided under the followurg: COMMERCIAL GENERAL LTABILTTY COVERAGE FORM I. AMENDED trXCLUSIONS NON-OWNED WATERCRAFT COVERAGE - Up to 55 feet SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, SUb- paragraph (2) of Exclusion g. Aircraft, Auto or Watercraft, is amended as follows: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to cary persons or property for a charge; MEDICAL PAYMENTS - PRODUCTS{OMPLETED OPERATIONS IIAZARD SECTION I- COVERAGES - COVERAGE C -MEDICAL PAYMENTS Exclusion f. Products-Completed Operations Hazard is deleted in its entirety. ,,,*,,"';"X:;,X1K'ffi ;;X'JTilHil"TiJ#f"lJi:;'i3l*,o* A. The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to "bodily injury" or "property damage": 1. Arising out ofyour ongoing operations; or 2. Included in the "products-completed operations hazard"; at any location for which a controlled (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project for which you are enrolled. This exclusion applies whether or not the "controlled (wrap-up) insurance program": a. Provides coverage identical to that provided by this Coverage Form; b. Has limits adequate to cover all claims; or c. Remains in effect. B. The following definition is added to the Delinitions section: ,'Contlolled (wrap-up) inswance program" means a centralizecl insurance program under which one party has secured either insurance or self-insurance covering some or atl of the contactors or subcontractors performing work on one or more specific proj ect(s). However, if the controlled (wrap-up) insurance program does not provide coverage for your operations that are performed away from the location of lhe construction project, this exclusion will not apply. Includes copyrighted material of Insurance Services Office, [nc., wrth its permission. AD 68 930225 Page I of9 tr II. AMENDED COVERAGES KNOWLEDGE OF OCCURRENCE The following paragraph is added to Section [V - Cotunercial General Liability Conditions Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit; Notice of an "occurence" which may result in a claim under this insurance shall be given as soon as practicable after knowledge ofthe "occurrence" has been reported to you, one ofyow "executive officers", or any "employee" authorized by you to give or receive notice ofan "occutence". TININTENTIONAL ERRORS AND OMISSIONS The foltowing paragraph is added to Section fV - Commercial General Liabilrty Conditions Paragraph 6. Representations: However, the unintenlional omission of or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premiurn or to exercise our right ofcancellation or non-renewal. ru.@ PERSONAL PROPERTY OF OTHERS IN YOUR CARE, CUSTODY OR CONTROL - LIMITED COVERAGE SCHEDULE Sub-Limits of Insurance: $10,000 Each Occurence (Included ur the Each Occrurence Limit shown in the Declarations) $10,000 Aggregate (Included in the General Aggregate Limit shown in the Declarations) The Sub-Limits of Insurance shown above are included within and not in addition to the Each Occurrence Limit and the General Aggregate Limit shown in the Declarations. Supplementary Payments will reduce the Each Occurrence and Aggregate Sub-Limits of Insurance shown above. It is agreed COMMERCIAL GENERAL LIABILITY COVERAGE FORM - SECTION I - COVERAGE A Exclusion j. (4) is deleted, but only with respect to personal property of others in the care, custody or conlrol of the Named Insured, subject to the following exclusions, conditions and limilations. 1. Exclusions This insurance does not apply to: ^. '?roperty damage" arising out of operations performed on behalf of the Named Insured by others; b. '?roperty damage" arising out of an "occurrence" at premises owned, rented, leased, operated, occupied or used by you; c. "Property damage" to property while in transit; d. '?roperty damage" arising out of any error, omission or deficiency in the design, specifications, workmanship or materials of the personal property in the Named Instued's care, custody or control; e. '?roperty damage" arising out of delay, loss of market, loss of use, loss of profits, or any simrlar indirect or consequential loss ofany kind; f. '?roperty damage" included within the "producls-completed operations hazatt'; ot g. Damages exceeding the actual cash value of the personal property in flre care, custody or control of the Named lnswed at the time of the "occu.flence." 2. Conditions Our right and duty to defend ends when we have used up the applicable sub-limit of insurance in the paln.rent of judgments or settlements or Supplementary Payn,ents r"rnder the insurance provided by this endorsement. Includes copyrighted material of lnsurance Services Office' [nc., with its permission. AD 68 93 0225 Page2 of9 tr 3. Limits of Insurance ^. The amount we will pay for darnages is timited as described below with respect to damages covered under this endorsement: (1) The Aggregate Limit shown in the Schedule is the most we will pay for the sum of ail damages because of "properff daurage"; (2) The Each Occu.rrence Limit shown above is the most we will pay for the sum of all damages because of "properly damage" arising out ofany one "occulrence"; (3) Supplementary Payments will reduce the Each Occurence and Aggregate Limrts of Insurance shown in the Schedule; and (4) All sums we pay for damages or Supplementary Payments under this endorsement will reduce the Each Occurrence Limit and the General Aggregate Limit shown in the Declarations. 4. Other Insurance This insurance is excess over any other valid and collectjble Property or Inland Marine insurance available to you, either as a Named Insured or an Additional Insured, whether prirnary, excess, contingent or any other basis. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (Insurance Services Office Endorsement CG 20 01 04 13) The followrng is added to the Other Insurance Condition and supersedes any provision to the conhary; Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available 1o an additional insured under your policy provided that: (1) The additional inswed is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Insurance Services Office Endorsement CG 24 04 05 09) SCHEDULE The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any riglrt of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies ouly to the person or organization shown in the Schedule above. Includes copynghted material of Insurance Services Office, Inc., with its permission. Name Of Person Or Organization: Any person or organization, but only if the following conditions are rnet: (1) You have expressly agreed to the waiver in a written contract; and (2) The injury or damage first occurs subsequent to the execution of the written contract. Information required to complete this Schedule, if not showr above,will be shown in the Declarations AD 68 93 022s Page3 of9 tr CONTRACTUAL LIABILITY - RAILROADS (Insurance Services Office Endorsement CG 2417 10 01) SCHEDULE Scheduled Railroad: Any railroad, but only if the followurg conditions axe met: a. You have expressly agreed to indemniff the railroad in a written contract entered into by you; and b. The injury or damage occurs zubsequent to the execrlion of the written contract. Designated Job Site: Any job site covered by this insurance where you are performing operations for or affecting a Scheduled Railroad. (If no enty appears above, infomration required to cornplete this endorsement will be shown in the Declarations as applicable to this endorsement.) Withrespect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "insured contracf in the Definitions section is replaced by the following: 9. "InsutedConltactt'mealls: a. A conlract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insuted conttact"; b. A sidetack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemniff a municipality, except in connection with work for a municipaltty; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a mrmicipality in connection with work performed for a rnunicipality) under which you assume the tort liability of anothei pari, to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liabilitythat would be imposed by law in the absence of any contract or agreenrent. Paragraph f. does not include that part of any contract or agreement: (f) That indemnifies an architect, engineer or surveyor for rq1ury or damage arising out of (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports' surveys, field orders, change orders or drawings and specificafions; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the irgury or damage; (2) Under which the insured, if an architect, engineer or surveyor) assumes tiability for an injury or damage arising out ofthe insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. Includes copyrighted material of lnsurance Services Office, Inc., with its permission' AD 68 930225 Page 4 of9 tr DE SIGNATED CONSTRUCTION PROJECT(S) GENERA,L AGGREGATE LIMIT (WITH TOTAL AGGREGATE LTMIT FOR COVERAGES A, B AND C) SCHEDULE Designated Construction Projects: All construction projects covered by this inswance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occulrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Prqect General Aggregate Limit applies to each designated constuction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declaralions. However, the most we will pay under the Designated Construction Project General Aggregate Limit for all Designated Construction Projects conrbined is $5,000,000 . 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operatrons hazard", and for medical expenses r"urder COVERAGE C regardless of the nurnber of a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated consfuction project shovn in the Schedule above. 4. The limits shown in the Declaxations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrencas" ulder COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I)' which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 7. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Linit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily iqury" or "properly damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Lirnit, and not reduce the General Aggregate Limit nor the Designated Construction Proj ect General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviale from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of lnsurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AD 68 93 02 25 Page5 of9 tr IV. ADDITIONALINSUREDS ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENTWITH YOU (Insurance Services Office Endorsernent CG 20 34 04 13) A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in vniting in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising irgury" carxed, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded 1o such additional insured: l. Onlyapplies to the extentpemtitted by law; and 2. Will not be broader than that which you are required by lhe contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured ulder this endorsement ends when lheir contlact or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occu,rlence" which takes place after the equipment lease expires. C. Withrespect to the insurance afforded to these addifional insureds, the followrng is added to Section III - Limits Of Insurance: The most we ."vill pay on behalf of the additional nsured rs tlle amount of insurance: 1. Required by the confiact or agreement you have entered into wtlh the additional insured; or 2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. ADDITIONAL INSURED _ MANAGERS OR LESSORS OF PREMISES (Insurance Services Office Endorsement CG 20 11 04 13) SCHEDULE A. Section II - Who Is An Insured is amended to include as an additional inswed the person(s) or organization(s) shown in the Schedule, but only with respect to liabilrty arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalfofthe person(s) or organization(s) shown in the Schedule. However: 1. The insrnance afforded to such additional insured only applies to the extent permitted by law; and Includes cop;nighted material of lnsurance Services Office, Inc., with its permission. Designation Of Premises (Part Leased To You): All premises leased to you and covered by this insurance. Name Of Person(s) Or Organization(s) (Additional Insured): Any person or organization that is a manager or lessor ofreal property, but only if coverage as an additional insured is required by a writlen contract or written agreement that is an "insuted contracf', and provided the "bodily injury" or "property damage" first occurs, or the "personal and advertising injury" offense is first committed, subsequent to the execution ofthe conlract or agreement. lnformation required to cornplete this Schedule, if not shown above,will be shown in the Declarations. AD 68 93 0225 Page 6 of9 tr 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional inswed will not be broader than that which you are tequired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to ihese additional insureds, the following is added to Section III * Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contact or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase flre applicable Limits of tnsurance shown in the Declarations. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER (Insurance Services Oflice Endorsement CG 20 18 04 13) SCHEDULE A. Section II - Who Is An Insured is amended to include as an additional insrned the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee, or receivil and arising out of tlre ownership, maintenance, or use of the premises by you and shown in the Schedule. However; 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. Ifcoverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additionai insued will not be broader than that which you are reqr.rired by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is requitecl by a contract or agreement, the most we will pay on behalf of the additional insr.red is the anrount of insurance: 1. Required by the contract or agreemenl; or 2. Available rmder the applicable Lunits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, [nc., with its permission. Name Of Person(s) Or Organization(s)Designation Of Premises Aly person or organization that is a mortgagee, asslgnee or receiver for a premises shown in this Schedule, but only if coveragc as an additional insured is required by a written contractor written agreementthat is an "insured contract", and provided the "bodily rqiury" or "property damage" first occurs, or the "personal and advertising injury" offense is first committed, subsequent to the execution of the contract or agreement. A11 premises covered by this insurance. Information required to complete this if not shou,n witl be shown in the Declarations. AD 68 93 0225 Page 7 of9 tr ADDITIONAL INSURED - TRADE SHOW SPONSOR _ AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU A. Section II * Who Is An Insured is amended to include as an additional insured any person or organization who is a sponsor of a trade show where you are operating a booth or displaying your product, but only: l. For injury or damage occurring at the trade show; and 2. When you and such person or organization have agreed in writing in a contract or agreement executed prior to the beginning ofthe trade show that such person or organizatJon be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liabilrty for "bodily injury", "property damage" or "personal and advertisrng qlury" caused, in whole or in part, by: l. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; while attending the tade show sponsored by this additional insured. A person's or organization's status as an additional insured nnder this endorsement ends when your attendance atthe trade show ends. B. With respecl to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily rnjury" or "property damage" arising out of"your work" or'!our product" and included in the "products-completed operations hazard". C. With respect to the insurance afforded to these additional insureds, the foliowing is added to Section III - Linits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limrts of Insurance showtt in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ADDITTONAL INSI]RED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION _ PERMITS OR AUTHORIZATIONS (INSURANCE SERVICES OFFICE ENDORSEMENT CG 20120413) SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or governmental agency or subdivision or political subdivision that has issued a permit or authorization for operations performed by you or on your behalf. Information required to complete this Schedule, if not shown above, will be shown h the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured any state or govemmental agency or subdivision or political subdivision shown in flre Schedule, subject to the following provisions: l. This insurance applies only wilh respect to operations performed by you or on yoltr behalf for which the state or govemmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional inswed is requrred by a contact or agreement, the insurance afforded to such additional insured vrill not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: Includes copyrighted material oflnsurance Services Office, Inc., with its permission. AD 68 93 t225 PageS of9 tr a. "Bodily injury", "property darnage" or "personal and advertising injury" arising out of operations performed for the federal govemment, state or municipality; or b. "Bodily i4jury" or "property damage" included within the "products-completed operations hazatd". B. With respect to the insurance afforded to these atlditional insureds, the foltowing is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a conftact or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown inthe Declarations. Includes copynighted material of lnsurance Services Office, [nc., with its permission. AD 68 93 02 25 Page 9 of9 tr ATTACHMENT'D" GENERAT TERMS AND CONDITIONS 1. Scope of Contractor's Services: Contractor agrees to provide to the County services as set forth in Attachment "A". No materials, labor, or facilities will be furnished by the County, unless otherwise provided herein. All work performed under this Agreement shall comply with applicable laws and regulations. 2. Accounting and Pavment: Compensation to Contractor for services rendered under this Agreement shall be as set forth in Attachment "B". Where Attachment "B" requires payment(s) by the County, payment shall be based upon billings, supported unless provided otherwise in Attachment "8", by documentation of units of work actually performed and amounts earned, including, where appropriate, the total numb'€r of hours for the month and the total dollar payment requested. Unless specifically stated in Attachment "B", the County will not reimburse Contractor for any costs or expenses incurred by Contractor in performance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate Contractor, no more often than monthly, through the County voucher system, for Contractor's services pursuant to the fee schedule set forth in Attachment "B". ln the event Contractor fails to perform any of its obligations under this Agreement within the time specified herein, then the County may withhold all monies due and payable to Contractor until such failure to perform is cured or otherwise adjudicated. The County will not process payment for services rendered under this Agreement until Contractor submits a completed W-9 (See Attachment "E"), 3. Taxes: Contractor understands and acknowledges that the County will not withhold Federal or State income taxes from payments made to Contractor. Where required by State or Federal law, Contractor authorizes the County to make withholding for any taxes other than income taxes (e.g., Medicare). All compensation received by Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in accordance with applicable IRS regulations. lt is the responsibility of Contractor to make its necessary estimated tax payments throughout the year, if any, and Contractor is solely liable for any tax obligation arising from Contractor's performance of this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. Contractor must pay all other taxes, including but not limited to: business and occupation tax; or taxes based on (1) Contractor's gross or net income, or (2) personal property to which the County does ijot hold title. The County is exempt from federal excise tax. 4. Independent Contractor: Contractor's services shall be furnished by Contractor as an independent contractor, and nothing stated herein shall be construed to create a relationship of employer-employee or a guarantee of future employment. Contractor acknowledges that its entire compensation under this Agreement is specified in Attachment "B", and that Contractor is not entitled to any County benefits, including but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees, 5. Assignment and Subcontracting: This Agreement may not be assigned or subcontracted in whole or in partwithout the express prior written approval of the County. 6. Rieht to Review; Maintenance of Records: This Agreement is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of the work performed under this Agreement by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, without limitation, on-site inspection, inspection of all records or other materials which the County deems pertinent, and any and all communications with or evaluation by service recipients under this Agreement. Contractor shall preserve and maintain all records Kittitas County Agreement for Services (rev.5/14/25) Page 7 of 19 relating to this Agreement for six (6) years after termination or expiration of the Agreement, and upon request shall make them available for review by any Federal or State auditor, the County, and/or any persons authorized by the County. 7. Modification 7.1,. This Agreement may be amended by mutual agreement of the parties. Any such amendment shall be in writing and signed by both parties. 7.2 The County may unilaterally amend this Agreement at any time by written notice ("Change Notice") to Contractor, to modify the work to be performed under this Agreement, within the general scope of the Agreement. Such changes may include, but are not limited to, changes in the exact scope of work to be performed (including modification, substitution, addition, or deletion of required tasks) and changes to the schedule of performance. lf any such Change Notice causes an increase or decrease to Contractor's cost of, or the time required for, performance of the work, an equitable adjustment in the compensation to Contractor andf or in the schedule for the performance of the work shall be made by the County to reflect such an increase or decrease. Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Within thirty (30) days after receipt of any Change Notice which, in Contractor's opinion, lacks an adequate adjustment, Contractor must submit to the County a written statement requesting a modified adjustment; otherwise, Contractor will forfeit its right to any such modified adjustment. The County retains the final right to determine adjustments hereunder. 8. Termination 8.1 This Agreement may be terminated at any time by mutual written agreement of the parties. 8.2 The County, by giving written notice, may terminate this Agreement at any time without cause and without further obligation to Contractor except for payment due for deliverables provided and/or services performed prior to the effective date of termination. An equitable adjustment in the contracted price for partially completed tasks will be made by the County, but such adjustment shall not include compensation for loss of anticipated profit on uncompleted work. 8.3 lf Contractor defaults by failing to perform any of its obligations under this Agreement, or becomes insolvent, is declared bankrupt or commits any act of bankruptcy or insolvency, or makes an assignment for the benefit of creditors, the County may, by written notice to Contractor, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. lf the Agreement is terminated under this paragraph, Contractor shall not be entitled to receive any further payments under this Agreement until all of its obligations hereunder have been fully performed, and any extra cost or damage to the County shall be deducted from any money due or coming due to Contractor. Furthermore, in the event of termination under this paragraph, Contractor shall bear the costs of any extra expenses incurred by the County in completing the work, and all damages sustained, or which may be sustained, by the County. 8.4 Termination of this Agreement by any means provided herein shall not excuse any party's performance of its obligations hereunder through the effective date of termination, except that the County shall not be obligated to pay for services that have not been performed or deliverables that have not been provided. 9. lndemnification 9.1 To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from Kittitas County Agreement for Services (rev.5l!4/25l, Page 8 of 19 and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal or bodily injury, sickness, disease or death, for any damage to or destruction of any property (including the loss of use resulting therefrom), and for any other claims, damages, losses, and expenses sustained by the County, which (1) are caused in whole or in part by any act or omission, negligent or otherwise, of Contractor, its employees, agents or volunteers, or Contractor's subcontractors, their employees, agents or volunteers; or (2) are directly or indirectly arising out of, resulting from, or otherwise connected with the performance of this Agreement; or (3) are based upon Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. This indemnification obligation of Contractor shall not be limited in any way by the Washington State lndustrial lnsurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of Contractor are a material inducement to the County to enter into this Agreement, are reflected in Contractor's compensation, and have been mutually negotiated by the parties. 9.2 The County reserves the right, but not the obligation, to participate in the defense of any claim for damages, losses or expenses, and such participation shall not constitute a waiver of Contractor's indemnity obligations contained in any section of this Agreement. 9.3 ln the event Contractor enters into subcontracts to the extent allowed under this Agreement, each such subcontractor shall indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County. 10. Venue and Choice of Law: ln the event that any litigation should arise concerning this Agreement, the venue for such action shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the laws of the State of Washington. 11. Non-Appropriation of Funds: lf the County does not appropriate sufficient funding for this Agreement for any future fiscal period, the County will not be obligated to make payments for services performed after the end of the last fiscal period for which sufficient funding was appropriated. No penalty or expense shall accrue to the County in the event this provision applies. L2. Contractor eoDmitments, Warranties, and Representations: Contractor represents and warrants as follows 12.L Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. I2.2 Contractor has the authority to execute this Agreement, to make the representations and warranties set forth herein, and to perform its obligations hereunder. t2.3 This Agreement has been validly executed by an authorized representative of Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. I2.4 Contractor holds, or will obtain prior to commencing work under this Agreement, such licenses, permits and other authorizations from federal, state and local governmental authorities, or from any applicable industrial or professional certification or licensing bodies, as are necessary for the lawful performance of its obligations under this Agreement, and will maintain such throughout the term of this Agreement. Kittitas County Agreement for Services (rev. 5/L4/251 Page 9 of 19 12.5 Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. 12.6 Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. I2.7 None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished by Contractor in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit a material fact necessary to make the statements of fact contained therein not misleading. l-3. Ownership of ltems Produced: All writings, programs, data, reports, films, recordings, or other materials prepared by Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement, shall be the sole and absolute property of the County. The County will have all rights of ownership therein, including but not limited to the right to use, copyright, trademark, andfor patent, and the ability to transfer any or all ownership rights. 14. Intellectual Propertv Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information and/or materials supplied by Contractor infringe any intellectual property rights of any third party(ies). Contractor will pay all costs and damages attributable to any such claims finally awarded against the County in any action. Such defense and payments are conditioned upon the following: (1) Contractor shall be notified promptly in writing by the County of any notice of such claim; and (2) Contractor shall have the right hereunder, at its option and expense, to obtain for the County the right to continue using the information and/or materials that are the subject of such claim, provided no reduction in performance or loss results to the County. 15. Use of Countv Name and Logo: Contractor may not use the County's name, logo(s), trademark(s), or other identifying information, or identify the County as a current or former client, on its website or in any marketing or promotional materials without the prior written consent of the County. 16. Disputes: Any dispute between the parties arising under or relating to this Agreement shall be resolved informally if possible. However, in the event such a dispute cannot be so resolved, it shall be adjudicated by a dispute board ("Dispute Board") in the following manner: Each party shall appoint one member to the Dispute Board, the members so appointed shall jointly appoint an additional member to the Dispute Board, and the Dispute Board will evaluate the facts, Agreement terms, and all applicable statutes and rules, and make a determination as to the proper resolution of the dispute. Such determination shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board. Alternatively, if agreed to in writing by both parties, the parties may forego the option of establishing a Dispute Board to adjudicate the dispute, and instead pursue arbitration, jointly selecting an arbitrator acceptable to both parties. ln the event the parties choose to pursue arbitration, the parties agree that: (1) the fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement, (2) each party shall bear its own costs and attorney fees, (3) arbitration shall be conducted according to the commercial arbitration procedures of the American Arbitration Association, and ( ) the arbitrator's decision or award shall be final and binding on both parties. 17. Confidentiality: Contractor, its employees, agents and volunteers, and any of Contractor's subcontractors and their employees, agents and volunteers, shall maintain the confidentiality of all information Kittitas County Agreement for Services (rev. 5/14/251 Page 10 of 19 i' provided by the County or acquired by Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately provide the County notice of any judicial proceedings seeking disclosure of such information. Contractor agrees to indemnify, defend and hold harmless the County and its departments, elected and appointed officials, employees, agents and volunteers from all loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. Notwithstanding the foregoing, and to the extent that any information obtained by the Contractor hereunder is required to be shared with others by the explicit terms of the Scope of Work, this provision shall not be construed as prohibiting such sharing, provided there are no applicable laws or regulations prohibiting same, 1"8. Notices: Written notices required or permitted to be provided by one party to the other party under this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by email. Notices given by Contractor shall be provided to the County's point of contact listed on page 1 of this Agreement, at the address there listed, and to the department head of the county department for which services under this Agreement are rendered. Notices given by the County shall be provided to Contractor at Contractor's address listed on page L of this Agreement. l-9. Prevailing Wage: Where labor to be performed under this Agreement is considered "public work" as defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of work under this Agreement in accordance with RCW 39.12 and the rules and regulations of the Washington State Department of Labor and lndustries. The schedule of prevailing wage rates for the applicable locality or localities is determined by the lndustrial Statistician of the Department of Labor and lndustries. lt is Contractor's responsibility to verify the applicable prevailing wage rate. lt is understood that Contractor is responsible for obtaining and completing all required government forms relating to prevailing wage and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and lndustries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for in RCW 39.L2.060. 20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession or industry as Contractor currently practicing or working under similar circumstances. Contractor shall, without additional compensation, correct any of its services not meeting such a standard. 21. Nondiscrimination 2L.L ln the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, orthe presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability; provided that the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. Such requirements apply, without limitation, to the following: employment, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for Kittitas County Agreement for Services (rev.5/74/25) Page 11 of 19 training, including apprenticeships. Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 21..2 Contractor will not discriminate against any recipient of any services or benefits provided for under this Agreement on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. 21,.3 lf any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination' 22. Waiver: The waiver of any default or breach of this Agreement, or the failure of a party to enforce any provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or subsequent default or breach, the enforcement of any provision hereof, or the exercise of any right or privilege hereunder, unless otherwise stated in a writing, signed by the parties hereto. 23. Headines: The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 24. Survival: The provisions of paragraphs 2,3, 4, 6,8, g, !O, 13, !4, 15,16, 17, 19,20,22,24, and 28 of these GeneralTerms and Conditions shall survive the completion, expiration, termination or cancellation of this Agreement for any reason. 25. Compl ete Aereement: This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or written, express or implied, regarding the work to be performed hereunder. The parties agree that no other representations, inducements, promises, agreements, or warranties relating to this Agreement, oral or otherwise, have been made between the parties. Except as provided elsewhere in this Agreement, no modification or waiver of this Agreement shall be valid or binding unless in writing and signed by the parties. 26. Severability: lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application, To this end, the terms and conditions of this Agreement are declared to be severable. 27. Time: Time is of the essence in the performance of this Agreement unless otherwise agreed between the parties in a signed writing. 28. Construction: This Agreement has been mutually reviewed and negotiated by the parties, and should not be construed against the drafter. 29. Agreement Not for Benefit of Third Parties: This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, nor is it enforceable by, any third parties. Kittitas County Agreement for Services (rev.5/U/25lr Page 12 of 19 0.,* llU'9 ATTACHMENT ''E' Request for Taxpayer ldentification Number and Certification Go to www,r'rs,govlFomwg lar inslruetions and the lalest infortflatiDn. Give form to th6 requester. Do not send to lhe lRS. {Hw, Mnrch 20?4} Espanrl]Enl of ths T/ffsurr, |ltornal B€vonua Seruica 3a Che6klhc4plr.otrrialeOoxtorf+der€ltax{:lAgsrfi(rlt)nnllheentry/inrrrvrrluffil'/ho:enSrneisg}llerFdOnl,ne1^Che(ik only oRs ot tha followirlg sovsn hDxes- n tndividuat.'.oicproorictor ! Ccorporarion {r.o,oo"r'on n Padncr*hio ! Trus/cstato ! LLO. Fr,te. th* tar .lt3lifi(:alidn {C - C (prpotstion, S = S corpo.aliorl, F * Pat1tle..hiPi Nole: ()hsk lhe "LLC" 6ex dbove {rd, in the enlry Epdce, enter llie npprapriale oorle iC, 5, ,x l'1 {or tire tai- clasailicnlion of lhs LLC, unl6sa it is { disrellarded dntily. A di:rcgard$d errlily riltr)!ld inrildod chfr)k lhB aopropriale box fo|the le classiticaiion ol iis os/r]Br. ! other {see hrstruclionrl 3b lf on line 3fl vou chBck€d "ltarlnerEhip ' or '.lrusvesiate," Dr cl'eci(ed "LLC" Rnd eriered "li'- as ilg iax classilloation, flnd you tre providing U.i3 lorn to a pfftnership, lrust, o. e$iale rn which y.Ju Mle fin ovl4ersrip rnte.es1, check thls bux lf you have any foreign ptrltreft, ov]ner$. D. ber!tsfrci{1e5. See rrlsirilclirrns n See instructi0niapl, or q8 *b6 number Part I Before For r€latdd to th€ pu.pose of Forrn s4e o{ Fat(1 , baiavt . ot entjty/individUal. An enlry is required. {For n so,e proFrieior or disregarded enli{y, entar ihe ovner's rame on line 1, and enter :he brlsineesi/disregnrded Fame 0n l,ne ?.) t ci aaoo Ed {tgo.o\E oE P_5 fo o6qLt4 oo uJ namc,ldisrogaroec cnlity nane, il dlf{crcnt trorn ab!'/c. 7 l. ;st arcounl :irnrlrr{t) Number Enter your TIN irr the appropriate box. The TIN provided lnnst match the name gjverl on line 1 to avoid backup withholding. For individuals, this is generally your social eecurity nitmbor iSSN). l"lowever, for a ro$id6nt alian, sole proprietor, or disregarded entity, coe ihe in$tructions for Farl l, lirter- Fot olher entities. it is your etnployer identification nurnber (ElN). ll you do not have a ilurnber, see Houv lo ger a ilN, later. Note: lf the account ts ir more than one nams, see the instruclrons for line 1. gee algo What Name ancl Numbar To Give tho Raquesler for guidelines on whose nurnber lo En1$r' Dalo 4 Exomptiorl$ {codss appiy orly to c€dain enlilie5. not individ{als: see lastrilclron$ on page 3): fxemsi Fay?e code iil anyl Exernpliorr lrorn Fo,eign Aecounl Tax Complinnce Act ifATCA) r8po.lirg code (il myj //pplr'ss f0 accq{ils maitaingd ouside the United Statdt.j Fterlueiter's nane and address {opliqna i of Under penalties ol perjury, I certify thal: 1 , The number shown on thrs {orm is my correct taxpayer identifrcation rrumber {or I am uraiting for a number to be issued to rne}; and 2. I am not srJbject to backup lvilhholding becaLrse {al I anr exenpt fronr Lrirckrrp u;ithholding, or (b) I have not been notified hy the lnternal Revonue Service (lFS) that I am subjecl to backup vrithholding as r result ol a tailure to report ail interest or dividends, or (c) lhe lFlS has ri6tified me thal I am no longer subiect to backup y/ithholding; and 3. I am a U.S. citizen or other U.S. person {defined betow}; and 4. The FATCA code(s} entered on thi$ form (if any) indici{ing that I i1m exempt frorn F,ATQA reporting i$ correct- Cerilllcation inslruc,ticns. You tnust cros.s oLl ilem 2 abovd il you hir,6 b*r).i nolified by the IRS that you ard currently subjecl to backup wilhholding other than inter€st and d itrs nol to lho certiiication, but must correct TlN. Ssa tho instructions for Parl latar $ign Here General Section references are to the lntenral Re\.Bnue Code lttlless othenilise noted. Fulure devtlopmgntt. For the latest informaiion about developrnents related to Forrn !Y-9 and its instrilctions, such as legislalion enacted ailer they were published, go lo www.its.govlFomwg, What's New Line 3a has been modified to clari{y how a disregarded entity cotnplBtes this line. An LLC that is R drsregarded entity should check the appropriate box for lhe tirx classification of its owner. Othemise, it should check the "LLC" box and enler its sppropriete lax cla,ssitication. Neyr Iin$ 3b ha$ been itddecl to this forrfi. A {lolv-lhrough gntily i3 reqilired lo conplele lhis line to indicate thilt it has dilect or indllect loreigi partners, ovvners, or beneficiaries whetl it provides the Form W-9 to another {low{hroLrgh entity in which it has an ownership interest. This chanl;e ia intended 1<r provide a flow-through onl.ily wilh information regard;rrg th6 slnlus ot it$ indirdcl ioreign partilers. otvners, or heieticiaries, so that it can satisfy any applicable teporting reqirirements, For exarrple, a parinership lhat has arry hldirect foreign partners may be required to cotnplete Schedrrles K"2 and K-3. Sea lhe Parlnership ln$tructions for Schedr.rleg K-2 nnd K-3 {Form 1065). Purpose of Form An ifldivldual or cntity (Form W-9 inlorrnation retilm with lhe lRg is reqrreste.) vrho is required to lile an giving you tlris lorm because lhay Part ll Signatum of 1,,S. porson Cdl. Ne. lql31X Kittitas County Agreement for Services (rev.5/t4l25l Page 13 of 19 Form W-9 (Rev.3-2024) ATTACHMENT'F" RETIREMENT ATUS FORM ** All Contractors who are individuals must complete and sign ** SECTION 1: CONTRACTOR COMPLETES THIS SECTION: Did you retire from one of the State of Washington Retirement Systems? Did you retire before age 65 using the 2008 early retirement factors (ERF)? Will you be receiving direct compensation for these services? Will you be receiving indirect compensation for these services? 1". Has Contractor been a member of a Washington State Retirement System? lf yes, which system and plan? Yes Yes Yes Yes t/ No vNo VNo r/ No CONTRACTOR (Full name of contractor as in DRS filings-Please Pri nt) Signature Last Four Digits of Social Security N Date SECTION 1: COUNTY COMPLETES THIS SECTION: [Use Member Reporting Verification (MRV] to verify the past retirement membership and document belowl Bur."\q\tsrq, -J) -\s\e Yes _ No _ Teachersa,Retirement System (TRS) _ plan 1 _ plan 2 _ School Employees' Retirement System (SERS) _ plan 2 _ Public Employees' Retirement Systems (PERS) _ Plan 1 _ plan 2 _ Public Safety Employees' Retirement System (PSERS) _ Plan 2 _ Law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) _ Washington State Patrol Retirement System (WSPRS) _ Plan 1 _ Judicial Retirement System (JRS) Plan 3 Plan 3 Plan 3 _ Plan L _ Plan 2 Plan 2 2. ls Contractor a retlree of a Washington State Retirement System? 3. Did Contractor retire before age 65 using the 2008 ERF? I have verified the information above using MRV or by contacting DRS. COUNTY REPRESENTATIVE (Please Print) Signature Date COUNTY RETAINS THIS FORM Kittitas County Agreemqnt for Services (rev.5/741251 Page 19 of 19 Yes Yes _No _No BIDDING CHECKLIST Bidders must bid on all items contained in the Proposal. The omission or deletion of any bid item will be considered non-responsive and shall be cause for rejection of the bid. Please check to make sure you have accomplished the following: n Has bld bond or certified check been enclosed with your bid? n ls the amount of the bid guarantee at least five (51 percent of the total amount of the bid? tr Has the proposal been properly signed? tr Have you bid on ALL ITEMS? n Have you certified receipt of addenda? tr Have you enclosed the Non-Collusion Declaration {Form 272-{1351} n Have you enclosed the WaBe Law Compliance Certification? Kittitas County Cle Elum Transfer Station Driveway Improvements and Tank Replacement Project Bid Documents BID PROPOSAL Bid Gibson & Son Road Bui-Iding, INC {Name} I22L S Thorp Highway, Ellensburg, WA 98926 (Address) for the construction of Cle Elum Transfer Station Driveway lmprovements and Tank Replacement Project and related work hereinafter referred to as the "Project". Kittitas County 205 W Sth Ave, Suite 210 Ellensburg Washington 98925 Ladies & Gentlemen: We, the undersigned, having investigated the site of the Project and having examined the lnvitation and lnstruction to Bidders, and the Contract Documents for the construction of the Project, offer to construct, complete, and maintain the Project in conformity with said documents, and to enter into an agreement according to the form hereto attached, in consideration of the sum arrived at by the proper extension of units of work shown in the following Schedule of Prices, or such sum as may be ascertained in accordance with said documents. We acknowledge receipt, understanding, and full consideration of Addenda Number(s) L issued prior to the date for receipt of bids. Addendum Number(s) tuq Htnn Signature Kittitas County Cle Elum Transfer Seation Driveway Improvements and Tank Replacement Project Bid Documents Should this be accepted, we agree to appear at the Kittitas County, within ten (10), Calendar Days from the date ofthe Notice of Acceptance and return the signed contracts (3) and to provide the Performance and Payment Bond and Certificate of lnsurance. We agree to begin work within ONE (1) Calendar Dav from the date of the Notice to Proceed, and to proceed so as to complete the project within the number of Working Days specified. Charged working days will begin when the contractor commences work but no later than ONE (1) Calendar Day afterthe date ofthe Noticeto Proceed Unless and until the formal agreement is prepared and executed, we understand that this bid, together with your Notice to Acceptance, shall constitute a binding contract between us. Attached hereto is certified check, cashier's check, or bid bond in the amount of 5t Bid Bond Dollars payable to the order of the Kittitas County, this amount being five {5) percent of the total bid, based upon the approximate quantities at the above prices. DATED this 3 day of March 2O2S,at Tl'l 'l pn ql'rrr rcr Washington ADDRESS OF BIDDER (Principal Place of Business) 122I S Thorp Hiqhwav Gibson & Son Road Buildinq, INC Ellensburg, VfA 98926 Firm Name TELEPHONE 509-201-1023 Signature FAX No. qL9 - 57o3 Korv Gibson Vice President Printed Name/Title (lf the bidder is a corporation, this proposal much be executed by its duly authorized officials.) Contractor's State Registration No.GIBSOSR9l 6FI State lndustrial lnsurance No Kittitas County Cle Elum Transfer Station Driveway Improvements and Tank Replacement Project 54841304 Bid Documents BID PROPOSAL ADDENDUM I PROJECT IIIAIIE: CLE ELU*I TRAilSTER STANOil DRI1IEWAY IMPROI'EME}ITS AND TA}.IK REPLACEI'ENT PROJECT lTEtrtl ITEM DESC$PNON QTY. I.'T{IT UIIIT FRICE TOTALilo. PRgFTNATKINI 1 MOSILIZATION 2 CLEARING AI{D GRUSEING 3 REMOVAL Of STRI.'CTURTS AND CIESTRUCTIONS 4 REMOVING CEMENT CONC PAVEMENT 5 R€MOVING ASPHALT CONC PAVEME}N S REMOV'NG CHAIN LINK F€NCE $ss, 000 . 00 $55, CI00 _ Q0 $ilrgq!,g0 9r. 0, 000 . q0 $15, 000. 00 $15, 000.00 1 L.S 1 LS 1 LS 12 S.Y 975 S.Y 1130 L.F $1?0.00 $2, 040 . 00 s18,00 $17, 550 " 00 $5 " s0 $5.2.r5_J.g GRIDII{G 7 ROADWAY EXCAVATION INCL HAUL 8 COMM{)N SQRROW INCL HAUL 1970 C.Y 89 CY $39.s9 $r_l_j-?a_io $55.00 $4, 895.00 SAI{ITART g€U5gf, 9 PVC SANITARY S€WTR PIPE 4 IN DIAM 50 LF 10 WASTEWAT€R TANK SYSTEM {INCL PLACEMENT) 1 L"S 11 PVC SCHEDULE 80 PIPE 2" D|Ah{ETER {VENT ptPE) 50 L F $2r"0.00 $i0. 500.00 $10?8s0 o $1_g:r_8s_0._.-Q.o $210.00 $10,500.00 ITEM ilto"rTEtt D€$calPnoil 3tD PRoPOSAL ADDENDUM I QTY. UNIT UNITPRICE TOTAL SURFACiltG 12 CRUSHEO SURFACING 8A$€ COURSE 13 CRUSHED SURFACING TOP COURSE 11S5 TON ?Oc TON $s2.80 $51, 512 " 00 $52 . B0 $10. 560 . 00 cErenr cor$ Rtr€ FAvEtffi ft r 1.1 (Noi Ussd) 0 0 HOTttfr rgPltil.T 15 HMA CL. 1,r2 tN" PG 64-29 ri35 ToN 133. s0 $84 "7'72.54 EROSFT CgilINOL ff{D RgfiDTPg PLAHNilC 1$ INLTT PROT€CTION 17 SILT FENCE 2 FACH 1150 L F s500. 00 sL, 000.0G $6_. s,0 $z_415 .0_0 TR TFU 18 PAINT LINE 1g PAINTEO WIDE LANE LINE 20 PAINTED STOP LINE 21 PERMANTNT SIGNING 22 ILLUMINATION SYSTEM 22$0 L F 315 L.r 1A L.r $0. ?o $uge._9.9 $1.30 $40e, s0 LsQ. oo $600. oL sf-0,-0!.!-.-00 $10, ogo. oo $2_t _qllJ6 $ ? 1_g-1_lJ6 1 L,S L.S 23 PROJTCT TTMFORARY TRAFFIC CONTROL L,S $20, 0oo , oo $2il"g!0. ql3 gID PROFOSAL ADDEI'{DUM I IlEM |TEU Dg$CruPnof.l QTY. UNIT UT'IITPRICE TOTALI'lO onER rTttts 4S 300 24 25 26 2'l ?8 29 30 31 32 JJ STRi"'GTL'RE IXCAVATIOI{ CLASS 8 INCL ilAUL SHORING OR EXTRA EXGAVATION CLASS B CONCRfTE GUARDPOSTS C}IAIN LINK FENCT END, GATE, CORNER, AND PULL PO$T fOR CHAIN LINK FENCE DOUELE 14 FT- CHAIN LIT{K GATF {Not Used} GONTAfvIINATED SOIL DISPOSAL INCL. HAUL $-t-5-_g_8_ $22, 32CI . oo ss0.00 $1s. 000.00 $l,lgg.go $ill-g!-a.go $32 .64 $q:.,.-Q2_L,90 916L.00 $l,jg-g--0_0 $z}:g-0.-ao $3"599.,_g_p $r.0 " 00 $5-?-Q_Q--0.8 c.Y SF 9 EASH 730 LF 12 EACH r EACH CONSTRUCTIO'\I GEOTTXTI L E TOR SEPARATION 520 S.Y FLECTRICAL CONDUIT / REROUTE SENSOR WIRE 40 L.F $150.00 0 DOL. ESTIMATE $ j,-8-8-8.-90 0 $ 4,000.00 TOTAL = $63L.392-46 Failure to refurn this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s), firm, association or corporation has (have) not, eitherdirectly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deerned to have signed and to have agreed to the provisions of lhis declaration. NOTICE TO ALL BIDDERS To report rigging activities call 1,800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to repod such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT lnspector General. All information will be treated confidentially and caller anonymity will be respected. 2 6fufl*' SR Kittitas County Cle Elunr Transfer Station Driveway Improvernents and Tank Replacernent Project 0OT Fdm 27?.0361 EF 07t20t 1 Bid Docnnrents .-,U ffiffiffi-*'.*.' Contractor Certification Wage Law Compliance - Responsibility Gritaria Washingfion State PuHic Works Contracts FAILURE TO RETURN TI{Si CERNHCATIOI{ AS PART OF THE BID PROPOSAL PACI(AGE WILL I'AKE THIS BID NOI{RESPONSIVE AI{D INEUGBLE FOR AWARD I hereby ceili$, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the bost of my knouiledge and belief. this firm has NOT been determined by a llnal and binding citation and notice of assessmenl issued by the Washington State Department of Labor and lndustries or through a civil judgment sntered by a court of lrimited or general jurisdictlon to have wilfuly violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Cal for Bids. Bidder l{ame:Gibson & Son F.oad Buildinq, INC. Nams o{ Cofifactor8idder - Print ful legal entily narns ot firm Korv Gibson authorized porson Pnnt Name ol pa*on maldng cortilicabong {or frrm Tlfle:Vice President place: Ellensburg, WA Prinl clly and slale whcre signedTiile of person $hoing cerlificate 3/212026 ( m ?l?.ns oAt241l Kittitas County Cle Elum Transfer Station Driveway lmprovements and Tank Replacement Project Bid Documents BID BOND KNOW ALL MEN BY THESE PRESENTS, that, we, the undersigned,Gibson & Son Road Building, lnc. as Principal, andTheGrayCasualty&surstvCompanyas SUrety, are herebyheld and firmiy bOund ontothe KittitAs County as Owner in the penal sum of Five Percent (s%) ol the Total Bid Amount for the payment of which, weil and truly to be made, hereby jointly and severally bind ourselves, successors and assigns. Signed, this 20th day of February 2026 . The conditions of the above obligation is such that whereas the Principal has submitted to the Kittitas Countv a certain BlD, attached hereto and hereby made a part hereof to enter into a contract in writing, forthieCleElumTransferStationDrivewaylmprovementsandTankReplacementProject'- NOW THEREFORE, a) lf said BID shall be rejected, or b) lf said BID shall be accepted and the principal shall execute and deliver a contract in the Form of Contract attached hereto {properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing work or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BlD, then this obligation shall be null and void, otherwise the same shall remain and be in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extensions of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. lN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. & Son Road Princ The Casualty and Surety Surety BYr Lorraine Hale, Attorney-in-Fact IMPORTANT: Surety compauies executing BONDS must appear on the Treasury Deparfnent's most current list (Circular 570 as arnended) and be authorized to transact business in the State of Washington Kittitas County Cle Elum Transfer Station Driveway Improvements and Tank Replacement Project Bid Documents Terril, Lewis & Wilke Ins, Inc O2/2O|2O2612:ll 460?0820?003 THE GRAY INSURANCE COMPANiY THE GRAY C.ASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: BID Prlnciprll Gibson & Son Road Building, Inc. Project: Cle Elum Transfer Station Driveway Improvements and Tank Rcplacement KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws oflouisiana, and having their principal oflices in Metairie, Louisiana, do hereby make, constitut€, and appoint: Lorraine Hele, Lori McKinmy rnd Arron M. McCoy of Yrkimr, Wrlhlngton jointly rnd severelly on behalf of erch of the Companies namcd rbove its tnre and lawful Attorney(s)-in-Fact, to make, cxecute, seal and deliver, for and on ib behalfand as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, contracts ofsuretyship as are or may be requircd or permitted by law, regulation, contract or otherwise, provided that no bond or undenaking or contract of suretyship executed under this authority shall excecd the anount of $25,000,000.00. This Power of Attorney is granted and is signcd by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The ii."y Insuran." Company and The Gray Casualty & Surety Company at mee{ings duly called and hcld on the 26* dayof June,2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each orany ofthem hercby is authorized to execute a powcr of Attomey quali$ing the attorncy named in thc given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attcst to the execution of such Power of Attorney, and to attach the seal ofthe Company; and itis FURTHER RESOLVED, that the signature of such ofricers and the seal of lhe Company may be aflixed to any such Power of Attorney or to any certificatc relating thcr€to by frcsimilq and any such Power ofAftorncy or certificab bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affD(ed with regard to any bond, undertaking ot contract of zurety to which it is attached- IN WITNESS WHEREOF, The Gray Inzurance Company and Tho Gray Casualty & Surety Company have caused thcir offrcial seals to be hereinto affixed, and these presenB to be signed by their authorized offrcers this 4th day ofNovember,2022. %;a"/Ze? By: State ofLouisiana ss: Parish ofJefierson On this 4th day of November, 2022, before me, a Notary Public, personally appearcd Michael T. Gray, President of The Gray Insurance Comprny, and Cullen S. Piske, President of The Gray Casuelry & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power ofAttorney and affrxed the seals ofthe companies as officers of, and acknowledged said instrument to be the voluntary act and deed, oftheir companies. Michael T. Gray President The Gray Inzurancc Company Cullen S, Piskc President The Gray Casualty & Surety Company ?,q/-'Su'tn^r Ult,la,l Lil'\*' m*;Jil$itffi.Leigh Anne Henican Notary Public, Parish of Orleans Statc of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary ofThc Gray Insurance Company, do hereby certiff that the above and forgoing is a true and conect copy ofa Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 2ilt dry of Frkurry , Aril I, Leigh Anne Henican, Secretary ofThe Cray Casualty & Surety Company , do hereby certiff that the above and forgoing is a true and correct copy of a Power of Attomey given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand andaffixcdthesealsoftheCompanythis 20fi dayof Frbnnry,zglll ,r/h"/trrlq,,^ SETIJ SETL SEJIL SEIIIt$tl.1a"-,$w"^'t Stan/ (^/\-'