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AG 15-115RETURN TO: Jeri-Lynn Clark EXT: 2401 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: CED /COMMUNITY SERVICES 2. ORIGINATING STAFF PERSON: JERI -LYNN CLARK EXT: 2401 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT x PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: MUSGROVE SEPTIC 404 SW 305TH ST 6. NAME OF CONTRACTOR: LEE'S SANITATION SERVICE, LLC ADDRESS: 3302 A ST SE, AUBURN, WA 98002 TELEPHONE 253- 826 -4280 E -MAIL: Jenniffer @donolsonconstruction.com FAX: SIGNATURE NAME: DON OLSON TITLE: OWNER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE 6/30/15 9. TOTAL COMPENSATION $ NOT TO EXCEED $11,648.78 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 119 - 7300 - 996 - 594 -41 -410 10. DOCUMENT/CONTRACTREVIEWINITIAL--rg-4-TEREVIFWED INITIAL / DATE APPROVED PROJECT MANAGER 067P KA1 — ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING t� DATE REC'D: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: r ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSE, EXHIBITS IT A / DAT SIGNED _E LAW DEPARTMENT I t SIGNATORY (MAYOR OR DIRECTOR) W j ❑ CITY CLERK ❑ ASSIGNED AG# AG# — ❑ SIGNED COPY RETURNED DATE SENT COMMENTS: Pd 4 ✓d ci✓ ✓P1/ fe(�'V avt l CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cat yofiederal way. com CONTRACTOR AGREEMENT FOR EMERGENCY HOUSING REPAIR PROGRAM SEPTIC REPAIR 404 SW 305TH ST, FEDERAL WAY, WA 98023 This Emergency Housing Repair Program ( "EHRP ") Contractor Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Lee's Sanitation Service, LLC, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: LEE'S SANITATION SERVICE, LLC: Don Olson 3302 A St SE Auburn, WA 98002 253- 826 -4280 (telephone) Jenniffer @donolsonconstruction.com The Parties agree as follows: 1. DEFINITIONS. CITY OF FEDERAL WAY: Jeri -Lynn Clark 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2401 (telephone) (253) 835 -2409 (facsimile) Jeri- Lynn.Clark @cityoffederalway -com 1.1 Certificate of Acceptance shall mean a written statement issued by the City and signed by the City's inspector to be delivered to a Homeowner for execution stating that all Work has been generally completed in accordance with the Work Write -up for an Identified Project. 1.2 Change Order shall mean an amendment to the Work and/or Contract Price pertaining to an Identified Project, submitted by Contractor and approved by a Homeowner and the City in accordance with the Project Documents and the EHRP Guidelines. 1.3 Cily shall mean the City of Federal Way, and shall include its various departments, officers, employees, legal representatives, agents and third party vendors. 1.4 Competitive Sealed Proposal shall refer to the project delivery method authorized by Chapter 39.04 RCW and the adopted City of Federal Way Contract and Purchasing Manual, Chapter 5, Section E (Limited Public Works Process) and required in connection with Reconstruction or Rehabilitation Projects under the EHRP, except in the cases of emergency conditions, at which time the City shall select a vendor based upon availability and/or price and as outlined in the City of Federal Way Contract and Purchasing Manual, Chapter 2, Section D. 1.5 Contract Price shall mean the price to be paid by the City to the Contractor for the performance of the Work in connection with an Identified Project. Any changes in the Contract Price shall result only from authorized Change Orders. The Contract Price shall be paid in the form of a single payment at the completion of the Work in accordance with the Notice to Proceed. 1.6 Contractor shall mean the contractor designated in the introductory paragraph of this Agreement. For Reconstruction Projects, the Contractor shall be selected utilizing the Competitive Sealed Proposal method, with sealed work plans and specifications in accordance with applicable laws and procedures, including the EHRP Guidelines. EHRP CONTRACTOR AGREEMENT - 1 - 2/2015 ` CITY OF CITY HALL 33325 8th Avenue South Federal W_ _ ay Federal Way, WA 98003 -6325 (253) 835 -7000 www ct"ffedera&ay corn 1.7 Contractor's Application for Payment shall mean that certain Application and Certificate for Payment submitted by Contractor requesting payment in accordance with the Notice to Proceed. Such Contactor's Application for Payment shall reflect the cost for successful delivery of the entire Work completed by Contractor, shall include the notarized signature of the Contractor and otherwise be in form and substance acceptable to the City. 1.8 EHRP shall mean the CDBG Emergency Housing Repair Program being implemented by the City pursuant to Grant No. B- 12 -MC -53 -0015 between the City and the Housing and Urban Development Department. 1.9 EHRP Guidelines shall mean Emergency Housing Repair Guidelines adopted by HSD. 1.10 HSD shall mean the City's Human Services Division. 1.11 Homeowner shall mean an owner of a Residence that qualifies under the EHRP for the Rehabilitation of its Residence located on the Homeowner's Property. 1.12 Homeowner Agreement shall mean the agreement by and between a Homeowner and the City governing, and executed in connection with, an Identified Project. 1.13 Homeowner's Property shall mean the land of a Homeowner, all rights and appurtenances thereto; all improvements now or hereafter attached to the land or improvements, and all substitutions and replacements thereof and additions and successions thereto. 1.14 HUD shall mean the U.S. Department of Housing and Urban Development and any successor government agency 1.15 Identified Project shall mean the Rehabilitation of a specified Residence located on a specified Homeowner's Property pursuant to the EHRP. The Identified Project shall be subject to and governed by the terms and provisions of this Agreement and the Project Documents. 1.16 Manager shall mean the Manager of HSD or any other person(s) that may be designated to perform the various functions assigned to the Manager. 1.17 Notice to Proceed shall mean the written authorization issued by the City for the Contractor to proceed with the Work set forth in the Work Write -up for an Identified Project. 1.18 Payment Request shall mean the form prepared, signed and submitted to HSD by the Contractor. The Payment Request shall reflect the value of all the completed and approved Work on the specified line items by trade, the total of the line- item cost of all of the completed Work by trade listed. 1.19 Plans and Specifications shall mean a detailed itemized list approved by the City that provides instructions to the Contractor for an Identified Project, which may include drawings as applicable. Plans and Specifications may be amended by authorized Change Orders. 1.20 Project Documents shall mean this Agreement, the Homeowner Agreement, the Plans and Specifications, the Notice to Proceed, the Certificate of Acceptance, and all other documents pertaining to, or executed in connection with, an Identified Project. 1.21 Rehabilitation Project shall mean those repairs required to remove all life, health, or safety hazards to a Residence on a Homeowner's Property, plus increases pursuant to Change Orders. EHRP CONTRACTOR AGREEMENT - 2 - 2/2015 CITY OF CITY HALL ..';�.., Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 ww. ..city ffederalway.com 1.22 Residence shall mean a single family detached dwelling located on, or to be rehabilitated on a Homeowner's Property. 1.23 Subcontractor shall mean any person or entity that, pursuant to this Agreement, will perform Work at a Residence at the request of Contractor. 1.24 Survev shall mean an identification of all relevant characteristics of a Homeowner's Property, including but not limited to a Homeowner's Property location, the location of improvements, and a description of a Homeowner's Property. 1.25 Work shall mean the labor and the materials necessary to complete the Identified Project pursuant to the Project Documents. 1.26 Work Write -up shall mean the form that specifies and quantifies the Work to be done in connection with an Identified Project, and includes the Plans and Specifications. 2. TERM. The term of this Agreement shall commence upon the effective date ofthis Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than July 31, 2015 ("Term'). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. WORK, 3.1 Work. The Contractor shall provide goods, materials, labor and services and otherwise perform the work more specifically described in Exhibit A attached hereto and incorporated by this reference ( "Work" or "Identified Project "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 3.2 Side Agreements. All work to be performed and all specifications pertaining thereto will be identified in the Project Documents. CONTRACTOR SHALL PERFORM NO OTHER WORK UNLESS CHANGE ORDERS FOR ADDITIONAL WORK OR MATERIALS ARE ISSUED IN ACCORDANCE WITH THIS AGREEMENT AND THE PROJECT DOCUMENTS. All properly approved and executed Change Orders shall be made a part of Project Documents. The Contractor agrees not to enter into any side agreements for additional work or materials for a Residence over and above those specified in the Work Write -up, where such labor is to be performed or material to be supplied or installed prior to the issuance of a Certificate of Acceptance. 3.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. The Contractor shall furnish the City with all manufacturer's and supplier's written guarantees, warranties and operating instructions covering materials and equipment furnished under the Project Documents for each Identified Project, together with any documentation required for validation. In the event any part of the goods is repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect at no additional expense to the City or the Homeowner. If the Contractor does not EHRP CONTRACTOR AGREEMENT -3- 212015 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cit yoflederahvay com accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 3.3 Time, Documentation, and Inspection. The Work to be performed in connection with each Identified Project shall commence on the date specified in the Notice to Proceed issued in connection with such Identified Project. The Work shall be completed within the time period specified in said Notice to Proceed. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality, or the ease of its discovery. 3.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 4. TERMINATION. 4.1 Termination with Cause. 4.1.1 The City may terminate this Agreement in its entirety or as to an Identified Project for cause by giving written notice to the Contractor under any of the following circumstances: a. If Contractor neglects to perform the Work in connection with any Identified Project properly, or in a timely manner, or refuses or neglects to supply proper or sufficient materials or workers, or fails to perform any provision of any of the Project Documents pertaining to an Identified Project; b. If Contractor is adjudged bankrupt, makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of insolvency; c. If Contractor fails to make prompt payment to any Subcontractor for material or labor; or d. Contractor violates any public law or ordinance. 4.1.2. If the City terminates this Agreement in its entirety or as to an Identified Project for cause, the City may take possession of the Identified Project site or sites and utilize any and all materials and appliances to be provided under the respective Project Documents which are located on the site or sites to finish the Work. The City shall not prejudice any of the City's rights or remedies under this Agreement or the respective Project Documents, or by law, by terminating this Agreement in its entirety or as to an Identified Project for cause or by taking possession of the site or sites. 4.1.3. In case of termination of this Agreement in its entirety or as to an Identified Project for cause pursuant to this subsection, the Contractor shall not be entitled to receive any payment for any Identified Project until the Work for such Identified Project is completed. Upon completion of any such Identified Project, the Contractor shall be given any balance of the Contract Price less any damages and less the amount of expenses incurred by the City in finishing the Work for such Identified Project, including any costs in addition to or in excess of those originally contemplated in the Project Documents for such Identified Project. If the cost in completing the Work for any such Identified Project is greater than the original Contract Price, the Contractor shall pay the difference to the City upon ten (10) days' written demand. 4.2 Termination Without Cause. The City may terminate this Agreement in its entirety or as to an Identified Project without cause by giving written notice of said termination to the Contractor. In case of termination of this Agreement in its entirety or as to an Identified Project without cause pursuant to this subsection, the Contractor shall submit its final statement for all Work performed through the date of termination for the respective Identified Project or, in the case of the termination of this Agreement in its entirety, which shall be payable in the manner provided in Section 5 of this Agreement. 4.3 Acceptance of Inferior Work. In connection with any Identified Project, the City may accept Work that appears EHRP CONTRACTOR AGREEMENT - 4 - 2/2015 CITY OF CITY HALL ',,. Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com to be incorrect if, in the City's opinion, it is impractical to have the Work corrected. In such case, the City does not waive the defect, but rather may deduct a reasonable amount for the loss sustained from the Contract Price for said Identified Project. This subsection is not intended to limit the right of the City to recover additional damages as may be permitted under this Agreement, the respective Project Documents or by law. 4.4 Cessation of Work. Upon receipt of a notice to terminate from the City, the Contractor shall discontinue all Work under this Agreement and all Project Documents for each Identified Project, unless the notice specifies a later termination date or that specific Work be completed prior to termination. 5. COMPENSATION. 5.1 Contract Price. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall solely be responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5.2 Change Orders. If the Contractor determines that a change in the Work or Contract Price is required; the Contractor may submit an estimate for increases or decreases due to such change. The City shall review the requested change. If the City elects to authorize the change, the City will compute the reduction from or addition to the Contract Price due to said change and will authorize such change in writing by the issuance of a Change Order. The Contractor will not, and shall not have any obligation to, perform any change in the Work until a Change Order has been authorized and issued by the City. Under no circumstances may the amount of the Contract Price, plus Change Orders exceed the maximum amount of assistance authorized under the EHRP Guidelines. 5.2 Method of Payment. Once the Work has been completed, the Contractor shall submit a Payment Request in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor will then schedule and conduct a walk - through inspection of the Residence together with the Homeowner and the Contractor. During the final inspection, the City's inspector will prepare a field report in which the City's inspector determines whether the Work has been satisfactorily completed in accordance with the Project Documents. He will discuss the warranty and any other outstanding issues with the Homeowner. The City's inspector and the Homeowner will make a list of items that are in need of correction or completion, based upon the Project Documents (the "Punch List "). The City's inspector will provide the Homeowner and Contractor with a copy of the Punch List. The Contractor will schedule and complete the Work on the Punch List within five (5) days ofreceipt thereof. When the Work on the Punch List is complete, the Contractor, Homeowner and City's inspector will verify that all such Work has been completed. Upon completion of all Work on the Punch List and verification of the completion by the Contractor, the Homeowner and the City's Inspector, the City's Inspector will sign and forward the Payment Request for the final payment to the City HSD office for processing and payment, which final payment, will be made to the Contractor after thirty (30) days from the date of the Payment Request. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 5.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part ofthis Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. EHRP CONTRACTOR AGREEMENT - 5 - 2/2015 ` CITY OF CITY HALL .'�...., 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www. cit yoffederal way. com 5.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 6. INDEMNIFICATION. 6.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 6.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 6.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors performed under the Project Documents for an Identified Project for the duration ofthe Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 7.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products EHRP CONTRACTOR AGREEMENT - 6 - 2/2015 CITY OF CITY HALL ,: S .. Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 4vww atyoffedera/way com liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 7.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 7.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 7.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 8. CONFIDENTIALITY. All information regarding the City obtained by Contractor in its performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 9. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 10. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 11. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 11.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this EHRP CONTRACTOR AGREEMENT - 7 - 2/2015 CITY OF CITY HALL 325 Sth Federal Way 253 835- 000ue South Federal Way, WA 98003 -6325 )_ www atyoffederalway. com Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11.2 Safe 1y. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state, and local safety and health laws and codes, including without limitation, all OSHA /WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times: all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public; safe passageways at all road crossings, crosswalks, street intersections; and post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam, or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 11.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 11.4 Prevailing Wages. 11.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 RCW, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department ofLabor and Industries of the State of Washington. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 11.4.2 Agreements Exceeding One Year. Pursuant to WAC 296 -127 -023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 11.4.3 Exemptions to Prevailing Wage. Pursuant to EAC 296 - 127 -026he prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30 percent of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30 percent of the corporation. 11.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements ofthe Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. EHRP CONTRACTOR AGREEMENT - 8 - 2/2015 CITY Of CITY HALL 33325 Federal Way Feder 8th Avenue South ,S*,� Federal Way, WA 98003 -6325 (253) 835 -7000 www cltyoffederatway. com 11.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 12. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services required under this Agreement. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluation of the Contractor's performance. 13. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding nondiscrimination. 14. GENERAL PROVISIONS. 14.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions ofthe Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 14.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non- assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. EHRP CONTRACTOR AGREEMENT - 9 - 2/2015 ` CITY OF CITY HALL Federal �� 33325 8th Avenue South Federal Way, WA 98003 -6325 .+� (253) 835 -7000 www utyoffederatway com 14.3 Applicable Law. This Agreement is subject to all laws, regulations, and ordinances of the United States of America, the State of Washington, and the City, and all rules and regulations of any regulatory body or office having jurisdiction and in particular, without limitation, the federal regulations codified at 24 CFR Parts 92 and 570. 14.4 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation ofthe City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's sole option. 14.5 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description ofthe Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any ofthe covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure ofthe City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means ofresolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorneys' fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 14.6 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all ofthe Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] EHRP CONTRACTOR AGREEMENT -10- 2/2015 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cjWoffederahvay.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Fee yor DATE: LEE'S SANITATION SERVICE, LLC 0", & , -, Printed Name: Jon visor) Title: n,, maa e- rr DATE: 5119k; STATE OF WASHINGTON ) ) ss. COUNTY OF no ) ATTEST: i C erk, Stephanie Courtney, APPROVED AS TO FORM: IAI&14�z 'rvr City Attorney, Amy Jo Pearsall On this day personally appeared before me bon 06on , to me known to be the of Le e.'s Sa n i i-a-tion S er v i c.c , t-k c. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 10-1' day of 2015 �, . �.•••..... ;yqL�,' Notary's signature rg�ON 49, !i �i �, 9� Notary's printed name am 06 41 �tppY = Notary Public in and for the State of Washington. �gUG i p My commission expires 0 1 EHRP CONTRACTOR AGREEMENT - 11 - 2/2015 CITY OF Federal Identified Project Project Number: 15 -001 Scope: Exhibit A -1 CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www c4yoffederatway com EXHIBIT A WORK Contractor shall provide services outlined in the "Proposal and Contract," attached here as Exhibit A -1. EHRP CONTRACTOR AGREEMENT -12- 1/2015 i3roposaY aub CDntratt LEE'S SANITATION SERVICE, LLC (253) 735 -6167 - (253) 735 -0968 Fax P O Box 930 Sumner, Washington 98390 d- A -9 4 PROPOSAL SUBMITTED TO: PHONE: DATE: Sherman & Rachael Mus rove 253 -835 -2401 STREET: FAX M. JOB PHONE: 404 SW 305th St 206 -465 -1506 CITY, STATE AND ZIP CODE: JOB LOCATION: Federal Way, WA. 98023 Same ATTENTION: E -MAIL: Jerri -L nn lLer(i-lynn.clark@ci!yoffedeMlway.com We nere4y suomit specirications ana estimate for: Non - conforming Septic System Repair Consisting of the following: 1. Submit Drawing to Health Department by Cole Septic Design 2. Dig Test Hole 3. Record Non- Conforming Affidavit 4. Recording Fee 5. Riser on Tank Inlet 6. Riser, Filter & Outlet Baffle on Tank Outlet 7. Up to 65 LF 4" Tight Line 8. New D -Box with Riser 9. Up to 150 LF 36 Wide Chambers 10. 8 each End Plates 11. 4 each Monitoring Ports 12. Submit As -built to Health Department by Cole Septic Design 13. Rough Backfill After Inspection 14. Pump Out Septic Tank (short load) L.S. $6,320.00 Permit 691.00 9.5% Sales Tax 600.40 $ 7,611.40 Note: If soil conditions in back yard do not have adequate soils, an alternate drainfield would be across driveway on the end of the house. Additional costs would be: 1. Saw -cut and remove concrete 2. 25 If tight line 3. Replace concrete L.S. $2,720.00 9.5% Sales Tax 258.40 2,978.40 Note: Job to be machine dug and backfilled. No lawn, tree or shrub replacement. Terms: 112 down, balance due upon completion We accept Visa/MasterCard /American Express /Discover Lees Customer Signature X Lee's Sanitation Service, LLC TERMS AND CONDITIONS ENTIRE AGREEMENT: The Contract, formed by Purchaser's acceptance of this proposal prior to expiration, shall consist of all documentation contained on both sides hereof and the exhibits and riders, if any, attached hereto and forming a part hereof. Purchaser may execute a separate Purchase Order, which must include the following statement "Subject to Terms and Conditions of the proposal of "Lee's Sanitation Service, LLC" This proposal, along with the exhibits, riders, and Purchase Order, if any, represents the entire and integrated agreement between Lee's Sanitation Service, LLC and Purchaser and supersedes prior negotiations, representations, or agreements, either written or oral. No subsequent alteration of this proposal whatsoever shall be binding upon Lee's Sanitation Service, LLC unless agreed upon in writing by both Lee's Sanitation Service, LLC and Purchaser. 2. PROPOSAL ACCEPTANCE PERIOD: The prices and terms quoted are firm, for a period of twenty (20) days after the date of quotation appearing on the reverse hereof. Thereafter, said prices and terms are subject to change by Seller. 3. PRICES: Prices do not include permits, street repair or state sales tax. Any alteration or deviation from the scope of work described in the Contract that requires additional material or labor will result in an extra charge over the stated price. 4. EXCEPTIONS: No lawn, tree or shrub replacement. Not responsible for unlocated lines, water, gas electric, phone or sprinkler systems. 5. TAXES: All federal, state and local taxes, assessments, fees, duties and charges levied by reason of this Proposal are in addition to the prices quoted herein and shall be paid by the Purchaser. S. PERFORMANCE: In the absence of a specific performance date on the reverse side hereof, Lee's Sanitation Service, LLC will commence performance of this contract on a date and at a rate mutually agreed upon by both Lee's Sanitation Service, LLC and Purchaser, subject to all other terms and conditions of this proposal. 7. CLAIMS: All of the work to be completed in a substantial and workmanlike manner according to standard practices on a timely basis barring an act of God, labor disputes, unavailability of materials, or other causes beyond the control of the Contractor_ Under no circumstances shall Lee's Sanitation Service, LLC be liable for consequential, or incidental damages including but not necessarily limited to, damages for rental expenses, or loss of use, opportunity, income, profit, sales, business, financing, or reputation. 8. CONDITIONS PRECEDENT TO SELLER'S OBLIGATION TO PERFORM: Any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms, the total amount of the Contract shall be paid in advance. Purchaser agrees upon request to furnish Lee's Sanitation Service, LLC such information as is reasonably necessary for Lee's Sanitation Service, LLC to determine Purchaser's financial condition. 9. TERMS OF PAYMENT: Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof, without any right of retention and without regard to any agreement Purchaser may have with other parties. If any payment is not received when due, Lee's Sanitation Service, LLC may, at its option, assess an additional charge equal to one and one -half percent (1 % %) per month or proration thereof, to cover Lee's Sanitation Service, LLC's increased costs, and, at Lee's Sanitation Service, LLC's option, upon notice to Purchaser, cancel the portion of this Contract which remains to be performed. 10. PAST DUE ACCOUNTS: Should purchaser fail to pay when due any amounts payable to Lee's Sanitation Service, LLC under the terms of this Contract or should Purchaser's financial condition become impaired or unsatisfactory to Lee's Sanitation Service, LLC, it may, at its option, make written demand upon Purchaser for (a) Immediate payment of all amounts then due and owing to Seller under this Contract. (b) Payment in advance of future amounts to become due under this Contract and /or (c) Such other assurances as Lee's Sanitation Service, LLC may deem necessary to adequately assure Seller that Purchaser will perform its obligations under this Contract. If Lee's Sanitation Service, LLC has not received same within ten (10) days of demand, it may suspend its performance of this Contract, within a reasonable time not exceeding thirty (30) days. Lee's Sanitation Service, LLC may, at its option, deem this Contract to have been repudiated by Purchaser, and Purchaser further agrees to pay Lee's Sanitation Service, LLC interest on all past due amounts at the rate of eighteen percent (18 %) per annum, and to pay any and all collection fees incurred by Lee's Sanitation Service, LLC in collecting any amounts due under the Contract_ 11. INDEPENDENT DUTY: The relationship between Lee's Sanitation Service, LLC and Purchaser, including without limitation their rights, obligations, and remedies and rights to damages (if any), shall be governed exclusively by the terms of the Contract (collectively the .,economic loss obligations "), except for rights, obligations, remedies and rights to damages (if any) that arise by statute or that arise in law due to property damage or personal injury caused by one party to the other. Subject to the above - stated exception, each party expressly disclaims any tort duty owed by one to the other that is independent of the Contract. 12. THIRD -PARTY BENEFICIARY Lee's Sanitation Service, LLC 's performance is for the benefit of the Purchaser only. Lee's Sanitation Service, LLC expressly disclaims any obligation or benefit to third - parties who are not a party to the Contract. Any third -party reliance on Don Lee's Sanitation Service, LLC 's performance is done so at the third - party's own risk. Purchasees Initials: Project: Musgrove EXCLUSIONS 1. All permits, taxes, fees and bonds. Page 3 of 3 2. Soils testing and construction staking and DOE stormwater runoff monitoring. 3. Street lights, street signs, pond and wetland plantings, plants and landscaping except what is stated herein. 4. No import or export other than what is stated herein. 5. No rock excavation or abnormal dewatering pumping or treatment of runoff water (no Baker tank if required). 6. Conflicts with power poles, water meters, utilities and other objects to be removed by others prior to construction. Removal of silt fence at end of the job is done on a time and material basis. 7. All hazardous materials to be removed by others prior to construction. & All demolition by others unless otherwise stated herein. 9. Prices based on non prevailing wage rates unless otherwise stated herein. 10. No monumentation included. No asphalt striping included unless otherwise stated herein. 11. No catch basin stencils unless otherwise stated herein. 12. Not responsible for building locations or elevations. 13. Any electrical connections must be done by a certified electrician, not responsibility of Lee's. 14. Hydroseeding and straw covering as required to be billed time and material. 15. T V inspection of lines required to release bonds shall be paid by the owner. 16. Asphalt prices good for 30 days unless noted herein. 17. Pricing does not include potholing of existing utilities to determine grade conflicts. NOTICE TO CUSTOMER This contractor, Lee's Sanitation Service, LLC, is registered with the State of Washington. Registration No. LEESSSS8910A and has posted with the state a bond or cash deposit of $12,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of the contractors registration is 8/30/2015. THIS BOND OR CASH DEPOSIT MAY NOT BE SUFFICIENT TO COVER A CLAIM THST MIGHT ARISE FROM THE WORK CONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond of deposit is intended to pay valid claims up to $12,000.00 the you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE UENED. If a supplier of materials used in your construction project or any employee or subcontractor is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "UEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the Department of Labor and Industries. Zfeceptance of Jxoposa[: The above prices, specifications and conditions are satisfactory and are hereby accepted, together with the special conditions attached hereto. Your signature also acknowledges you've read our'notice to customer' statement above. Lee's Sanitation Service, LLC Customer Signature: Authorized Signature: Don Olson Customer Signature: C� Date: S ''� Date: Note: 1. This proposal may be withdrawn if not accepted within 30 days. 2. This proposal is subject to permanent material increases after 30 days. CITY Of CITY HALL 33325 8th Avenue South Aw'S Federal Way, WA 98003 -6325 Federal Way (253) 835 -7000 www. cityoflederahvay. com EXHIBIT B COMPENSATION Total Compensation: In return for the Work, the City shall pay the Contractor an amount not to exceed Eleven Thousand Six Hundred Forty-Eight and 78/100 Dollars ($11,648.78), which includes a 10 percent contingency fee for unforseen repairs with approval by City of Federal Way Housing Repair staff. EHRP CONTRACTOR AGREEMENT -13- 1/2015 CITY OF CITY HALL ..:�. Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www 64vffederahvay com EXHIBIT C INSURANCE CERTIFICATE (to be provided by Contractor) EHRP CONTRACTOR AGREEMENT -14- 1/2015 ACOR" CERTIFICATE OF LIABILITY INSURANCE DA 5/27/20115 YI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 CONTACT NAME: PHONE 425- 709 -3600 FAX 425- 709 -7460 o E ac No E-M E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 3/31/2016 INSURER A: Starr Surplus Lines Insurance Company $ 1,000,000 T EN ED PREMISES E ISES Ea occurrence PREM INSURED Lee's Sanitation Services LLG INSURER 13: North Pacific Ins. Co. $ 5 +000 PERSONAL & ADV INJURY $ 1,000,000 3302 A Street SE INSURER C : GENERAL AGGREGATE INSURER D: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC Auburn, WA 98002 INSURER E : $ INSURER F : AUTOMOBILE LIABILITY ALL OWNED SCHEDULED IxANY AUTO AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL UB POLICY NUMBER POLICY EFF MM/DDlYYYY POLICY EXP MMIDDlYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X SLPGGL0069704 3/31/2015 3/31/2016 EACH OCCURRENCE $ 1,000,000 T EN ED PREMISES E ISES Ea occurrence PREM $ 100,000 MED EXP (Any one person) $ 5 +000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 +000+000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ALL OWNED SCHEDULED IxANY AUTO AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS 012173619 3/31/2015 3/31/2016 COMBI EO Ea acAdentSINGLELIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Paraccident $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If es, describe under DESCRIPTION OF OPERATIONS below NIA SLPGGL0069704 � WA Stop Gap Only 3/31/2015 3/31/2016 WC STATU- X OTH- T IM ER E.L. EACH ACCIDENT $ 1+000 +000 E.L. DISEASE - EA EMPLOYE $ 1,000 +000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more apace is required) RE: Emergency Housing Repair Program. The City of Federal Way is included as Additional Insured per attached Endorsements CG2010 1001 (GL) and CG2037 1001 (GL). City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 ACORD 25 (2010/05) Lh_li Lsia 11 W-Al LOW 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 `r' p " a 1a U - � ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 of 3 DONOCONS (LLC00) COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART or as required by virtue of written contract. (if no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11— Who Is An insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that Insured and Included in the "products- completed operations hazard". CG 20 37 10 01 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract on a primary & non - contributory basis. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 3 of 3 DONOCONS (LLC00)