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040-17 - Northwest Cascade, Inc. - ContractCITY OF PORT ORCHARD ORDINARY MAINTENANCE AGREEMENT Contract No. 040-17 THIS Agreement is made effective as of the 13* day of June, 2017, by and between the City of Port Orchard, a municipal corporation, organized under the laws of die State of Washington, whose address is; CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”) 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Northwest Cascade, Inc a corporation (describe die type of organization, whether corporation, sole proprietorship, etc.), organized under the laws of the State of Washington, doing business at' NORTHWEST CASCADE, INC. (hereinafter the “VENDOR”) 10412 John Bananola Way E. Puyallup, WA 98373 Contact: Barret Pace Phone: 253.848.2371 Email: barretpace@flohawdcs.com for ordinary maintenance services performed in connection with the following: 2017 McCormick Woods Annual Septic Tank Pumping (83 residences) TERMS AND CONDITIONS 1.Services by Vendor. The Vendor shall perform the services described in die Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work without prior written authorization from die City. A. B. The City may from time to dme require changes or modifications in the Scope of Work. Such changes, including any decrease or inmease in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. C. This Agreement shall commence on June 13*, 2017, (“Commencement Date”) and shall terminate August 31st, 2017, unless extended or terminated in writing as provided herein. Additionally, the City reserves the rights to review the Agreement at regular intervals to assure the quality of services provided by the Vendor and to offer two (2) one-year extensions prior to contract expiration to retain die Vendor’s services. D. Unless otherwise specified in the attached Scope of Work, all tools, equipment, supplies, chemicals or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by the Vendor. City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 Lf;\ENGINHeRlNG\SEWER\McConnkfc woods septic (aafcs\2017V2017 Pump InglContraertOrdlmuy Maiot SCO 6,24.16 doc 1 of 9 ! The Vendor shall report any damage or potential hazard involving City property immediately to the City of Port Orchard Public Works Department or in the case of an emergency by calling 911. Hazardous conditions shall be immediately remedied or secured by the Vendor to prevent further damage and/or to protect the public from injury. E. Any incidents, accidents, or altercations with members of the public or with City staff shall be immediately reported to the City of Port Orchard Public Works Department. The City’s Public Works Director may require a written report describing the incident or accident F. G. The Vendor shall remedy, in a timely manner, and at its expense, any damage to City property due to the negligence of the Vendor or the Vendor’s employees. 2. Schedule of Work. The Vendor shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit “A.” If delays beyond the Vendor’s reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. A. The Vendor is authorized to proceed with services upon receipt of a written Notice toB. Proceed. 3.Compensation. LUMP SUM, Compensation for these services shall be a Lump Sum of $23,157.00. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ expenses attached hereto as Exhibit “___”. invui Ainu iviainru/vL.3. compensation tor tnese services snail oe on a tune ana material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit X □without written authorization and will be based on billing rates and reimbursable i-1 □OTHER. 4.Payment The Vendor shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. The Vendor shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third-party agreement. Copies shall be made available on request. A. B. C. City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 U:\ENGINEERJNG\SEWER\McCormick woods septic Iqnks\20)7\20l7 Pumping\Conlnjct\Or<Jinary Miint SEC 6 24 16 doc 2 of 9 If the services rendered do not meet the requirements of this Agreement, the Vendor will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. D. Discrimination and Compliance with Laws5. The Vendor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. A. B. Even though the Vendor is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactoiy completion thereof. The Vendor agrees to comply with all federal, state and municipal laws, rules and regulations, including but not limited to all health and safety regulations applicable to the work that are now effective or become applicable within the term(s) of this Agreement to the Vendor’s business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The Vendor shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the Washington State Worker’s Compensation and Unemployment Insurance laws, and maintenance of a separate set of books and records that reflect all items of income and expenses of the Vendor’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Vendor under this Agreement shall not give rise to an employer-employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. C. D. The Vendor shall comply with prevailing wage requirements under Washington law. See, Prevailing Wage Addendum to this Agreement. The Vendor shall obtain a City of Port Orchard business license prior to receipt of writtenE. Notice to Proceed. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of this Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. F. Relationship of Parties. The parties intend that an independent contractor-client relationship will be created by this Agreement. As the Vendor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee or representative of the Vendor shall be or shall be deemed to be the employee, agent or representative of the City. In the performance of the work, the Vendor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents or representatives of the Vendor, The Vendor will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub-consultants during the 6. City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 U:\ENGlNEER1NG\SEWBR\McCormidc wood* septic lanks\20!7\2017 Pumping\ContrBci\Ordinaiy Main) SEC 6.24 16 doc 3 of 9 performance of this Agreement. The City may, during the term(s) of this Agreement, engage other independent contractors to perform the same or similar work that the Vendor performs hereunder. 7.Suspension and Termination of Agreement Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Vendor’s insolvency or bankruptcy, or the Vendor’s assignment for the benefit of creditors. A. i B. Termination with cause. The Agreement may be terminated upon the default of the Vendor and the failure of the Vendor to cure such default within a reasonable time after receiving written notice of the default. * C. Rights Upon Termination. ! With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Vendor pursuant to this Agreement shall be submitted to the City, and the Vendor shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Vendor shall not be entitled to any reallocation of cost, profit or overhead. The Vendor shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Vendor shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 1. ! i 2. Default. If the Agreement is terminated for default, the Vendor shall not be entitled to receive any further payments under the Agreement until all work called for has been •AtlKf narfnmia/1 A mr ovlw\ /»<-***+ f>»» f4nmrwrn f/> ftUnll Un - - v ■ ....................© ** -deducted from any money due or coming due to the Vendor. The Vendor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the Cily by reason of such default. • - - v r -_ -—j Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Vendor's reasonable expenses, and shall be subject to verification. The Vendor shall resume performance of services under this Agreement without delay when the suspension period ends. D. E. Notice of Termination or Suspension. If delivered to the Vendor in person, termination shall be effective immediately upon the Vendor’s receipt of the City’s written notice or such date as stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the Vendor in writing upon one week's advance notice to the Vendor. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Vendor at the address set forth in Section 15 herein. City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 (J AENGlNEER.lNG'SEWEtUMcCormick woods septic tanks\2017V20I7 Pumping\Con|ract\Orditury Marat SEC 6 24 16 doc4 of 9 8.Standard of Care. The Vendor represents and warrants that it, and the Vendor’s employees, have the requisite training, skill and experience necessary to provide the services under this Agreement and are appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Vendor and the Vendor’s employees under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. The Vendor and the Vendor’s employees shall conduct themselves in a professional manner at all times when on site. The Vendor’s employees shall wear clothing and/or a uniform which clearly identifies them as an employee of the Vendor. The Vendor further represents mid warrants that it shall provide proper supervision for any employees utilized to perform the services herein and shall ensure that all employees are properly trained and qualified. The Vendor shall ensure that all workplace safety requirements of state or federal law are strictly observed at all times. The Vendor warrants that all employees have been trained to comply with state and federal standards (including but not limited to standards for handling chemicals, WISHA and OSHA) relevant to the duties to be performed in accordance with the Scope of Work. Ownership and Use of Documents. All records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Vendor in connection with the services provided to the City, shall be the property of the City whether finished or not and also whether the project for which they were created is executed or not. 9. Work Performed at the Vendor’s Risk. The Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents and representatives in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor’s own risk, and the Vendor shall be responsible for any loss or damage to materials, tools, or other articles used or held by the Vendor for use in connection with the work. 10. Indemnification. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including ail legal costs and attorneys' fees, arising out of or m connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Vendor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Nothing in this Agreement shall be construed as creating a liability or right of indemnification in any third party. 11. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor’s liability hereunder shall be only to the extent of the Vendor's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 U.\ENGINEERJNG\SEWERVMcCormick woods septic Unks\2017\20I7 Pumping\Cantnicl\Ordinary Maint SEC 624.16.doe 5 of 9 ; OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE VENDOR'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY THE VENDOR’S EMPLOYEES DIRECTLY AGAINST THE VENDOR. 12. Insurance. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. A. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Vendor’s Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers’ Compensation coverage as required by die Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Vendor’s profession if applicable. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers’ Compensation Employer’s Liability each accident $ 1,000,000. Employer’s Liability Disease each employee $1,000,000, and Employer’s Liability Disease - Policy Limit $1,000.00. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $ 1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 U:\ENGtNEERlNG\SEWEfWHcCorfliick woods septic tsnks\2017\20l7 Pumping\Coitlracl\Ordin«ry lUainl SEC 6 24.16.doc 6 of 9 1. The Vendor’s insurance coverage shall be primary insurance as respect the Cily. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Vendor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Vendor. The Vendor’s insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. The Vendor’s insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If coverage is written on a “claims made” basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor before commencement of the work. 13. Assigning or Subcontracting. The Vendor shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 14. Notice. Any notices required to be given by the City to the Vendor or by the Vendor to the City shall be in writing and delivered to the parties at the following addresses: Northwest Cascade, Inc Attn: Barret Pace 10412 John Banacoia Way E. Puyallup, WA 98373 Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 253.848.2371 Email: barretpace@flohawks.com Phone: 360.876.4407 Fax: 360.895.9029 15. Resolution of Disputes and Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term A. City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 l. VENGINEERINO\SEWER\McConrack woods xptic tanks\20l TO0I7 Pumping\Conhict\Ordli»ry Mainl SEC 6 24 I6.doc 7 of 9 or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Vendor under any of the provisions of this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the Vendor does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys’ fees from the other party. C. 16. General Provisions. Non-waiver of Broach. The failure of cither party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. A. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. C. Entire Agreement. The written provisions of this Agreement, together with any Exhibits and Addenda attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, the Exhibits and Addenda attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Addenda to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. D. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. VENDOROj\XfidJLtfiXs By: /VMMU Name:, / Title: Mix A , CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor By: City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 U:\HNCINEERJNG\SEWER\McCormick woods septic taoks\2017\2017 Pumping\Contraci\Ordinary Maint SEC 6 24 16.doc 8 of 9 ATTES' By: Brandy'Ri City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney By: §r°^\ ! !SEAL 1!JV*|i \<s> City of Port Orchard and Northwest Cascade, Inc Ordinary Maintenance Contract No. 040-17 Lf .\ENGINEERrNG\SEV/ER\McCormick woods septic lanks\2017\2017 Pumping\Contract\Ordinary Maim SEC 6 24 16 doc 9 of 9 Prevailing Wages The county in which this public works project is located is Kitsap, and the State of Washington prevailing wage rates for Kitsap County apply to work performed under this contract. The applicable prevailing wage rates may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.eov/lniAvagelookup/PrvWaaeLookUp.aspx A hard copy of the list of applicable prevailing wage rates is available for inspection during business hours at the City’s Department of Public Works, which is located at 216 Prospect Street, Port Orchard, Washington 98366. A hard copy of said list will be mailed only upon written request. Prevailing wage rates for public works contracts are published on die first business day of February and the first business day of August of each year. These rates become effective thirty days after the date of publication. The prevailing wage rates in effect on die bid opening date are the prevailing wage rates that apply to that project, no matter how long it lasts, unless the contract is awarded more than six months after the bids were due. For those contracts where award was delayed more than six months, the prevailing wage rates in effect on the date of die award shall apply for the duration of the contract i tAo/^v«s+ CmcaAlSCHEDULE OF CONTRACT PRICES MCCORMICK WOODS ANNUAL SEPTIC TANK PUMPING NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item Estimated Units N°- Quantity r Description of Item Unit Price Amount j TANK PUMPING _ sTlA)ftHtuifirp<i .Sgi^iiflZj-lmUe ‘I'Yj.CO s \an,00 (Words) TOTAL BID: 1. 83 EACH Per Each * I V?.DO The City will pay a flat rate (tax included) for each septic tank pumped, as per the contract. The rate per tank will be inclusive of taxes, labor, equipment, materials and fee costs. t i i REQUEST FOR PROPOSALS CITY OF PORT ORCHARD 2017 MCCORMICK WOODS ANNUAL SEPTIC TANK PUMPING PUBLIC WORKS PROJECT NO. PW2017-015 Notice is hereby given that bids will be received for the 2017 McCormick Woods Annual Septic Tank Pumping for the City of Port Orchard. Interested parties should submit their proposals to: City of Port Orchard Public Works Office RE: RFP - 2017 McCormick Woods Annual Septic Tank Pumping 216 Prospect Street Port Orchard, WA 98366 Or emailed to publicworks@chyofportorchard.us Proposals will be received until noon (12:00pm) on May 15th 2017. No proposals will be accepted after the above-stated time. Project Details Site: Various locations in McCormick Woods neighborhood Scope of Work: Pumping of 83 septic tanks of single family residences. Please complete the proposal pursuant to the following requirements: 1. Once contract is awarded, the City will provide a list with the address of homes due to be pumped. 2. The company will schedule the septic tank pumping in such a manner in order to have the list of tanks serviced prior to September 1st 2017. 3. The City will send each residence on the list a letter on City letterhead advising the occupant that the company will service their septic ta nk in 2017. 4. The company will pump the septic tank to the bottom of the tank and is responsible for hauling the contents to a sanitary sewer treatment plant, which will process the wastewater. 5. The company will bill the City at an interval no greater than bi-weekly for each home serviced during that period. Payment will be within 30 days of receipt of invoice. 6. The contractor will schedule the work to allow a City employee to be on site. The employee is available from 8:30 am to 3:30 pm. 7. The contractor's truck will be positioned in the road and not drive on the private driveway. 8. The City will pay a flat rate (tax included) for each septic tank pumped, as per the contract. The rate per tank will be inclusive of taxes, labor, equipment, materials and fee costs. 9. The successful bidder must have a City business license priorto award of contract, and must be an active participate on the MRSC Small Works Roster for the City of Port Orchard. For more information regarding the MRSC, visit their website at www.mrscrosters.org. 10. State Prevailing Wage Laws apply. Before the first invoice can be paid, the City shall have the approved Intent to Pay Prevailing Wages. If the Contractor provides a performance bond, the retainage will be 5% for projects less than $25,000. Otherwise the retainage will be 50%. The retainage will be released after the City is provided the Affidavit of Wages Paid and U:\ENGINEERING\SEWER\McConmick woods septic tanks\2017\2017 Pumplng\RFP\RFP_2017 PUMPING.doc approval of the Department of Revenue. All expenses associated with the prevailing wage rules are the responsibility of the contractor. 11. Per RCW39.12.030 this is a prevailing wage contract and workers shall receive the prevailing wage rate as established by Labor and Industries (L&l), copy of wage rate is attached RCW39.12.020. 12. The Company will submit the L&l approved Intent to Pav with the invoice, If there is more than one invoice submit the Intent to Pay with the first invoice and submit the Affidavit with the last invoice. We will not accent the invoice without the approved Intent to Pay from L&l. 13. The company is required to have the following liability insurance and list the City of Port Orchard as a "Named Insured" on the company's policy. a. $1,000,000 Property Damage b. $1,000,000 Bodily Injury 14. Americans with Disabilities Act (ADA) Information The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing the Public Works Department at publicworks@cityofportorchard.us or by calling (360) 876-4991. Please feel free to email Tony Lang at tlang@citvofaortorchard.us for any technical questions or publicworks@cttvafoortarchafd.us with any other questionsoreoncems. The City reserves the right to reject any or all proposals. «•* V.Marie R. Dorsey, P.E. Public Works Director/City Engineer MRD:cmp U:\ENGINEERING\SEWER\McComiIek woods septic tanks\20l7\2017 Pumping\RFP_2017 PUMPING.doc