Forma Construction Company 10/29/2024

(1)Except as provided in subsections (2) and (3) of this section, all proceedings, records, contracts, and other public records relating to alternative public works transactions under this chapter shall be open to the inspection of any interested person, firm, or corporation in accordance with Chapter 42.56 RCW. (2)Trade secrets, as defined in RCW 19.108.010, or other proprietary information submitted by a bidder, offeror, or contractor in connection with an alternative public works transaction under this chapter shall not be subject to Chapter 42.56 RCW if the bidder, offeror, or contractor specifically states in writing the reasons why protection is necessary, and identifies the data or materials to be protected. B.The following shall govern to the application of RCW 39.10.470 to this Contract and the Work: 1.Proprietary information and trade secrets must be clearly identified as “CONFIDENTIAL.” 2.If any document or record does not clearly identify the “CONFIDENTIAL” portions, the City will not notify the Contractor that such documents and records will be made available for inspection and copying, and the City may publicly disclose such non- clearly identified portions without notice and with no liability whatsoever to the Contractor. 3.If a request is made for disclosure of material or any portion marked “CONFIDENTIAL,” the City will determine whether the material should be made available under the law. If the City determines that the material is subject to disclosure, the City will seek to notify the Contractor of the request and allow the proposer ten (10) business days after such notification to take appropriate legal action in Snohomish County Superior Court at the Contractor’s sole expense and liability. If the Contractor does not within ten (10) business days serve the Office of the City Attorney with a copy of an order entered by the Superior Court that expressly prohibits the City from disclosure of the material marked “CONFIDENTIAL,” then the proposer will be deemed to have consented to the public disclosure of the material marked “Confidential” and the City may publicly disclose such material without any liability whatsoever to Contractor. 4.To the extent that the City withholds from disclosure all or any portion of Contractor’s material marked “CONFIDENTIAL”, the Contractor shall indemnify, defend and hold harmless the City of Everett from all lawsuits, liabilities, losses, damages, penalties, attorneys’ fees and costs the City incurs arising from or relating to such withholding from disclosure. END OF SECTION 19