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AG 15-159 RETURN TO: o A ` ' i EXT: �*? CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ ,i(,t!,tCE h'lJl:)Q/46141$0/67V7- 2. ORIGINATING STAFF PERSON: 2k,CE77L. EXT: 1 3. DATE REQ.BY: 04/10k 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ MALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: ]d,J 1 711d$YE t4.e Iw° 6. NAME OF CONTRACTOR: ,B/O CGcov /de. ADDRESS: 33/6 pca ge(7ltr.41d /gab st,42 a*r-/M WS /.//, f32SS TELEPHONE: Zs - ^23o E-MAIL: 4/1011 6 7/1/Ce 6/OG�p�'✓h//.CLWJ FAX:<qqs) $11 - 2109 SIGNATURE NAME: ��iT .&d,eSr TITLE: imt7V1r 7. EXHIBITS AND ATTACHMENTS: 'SCOPE,WORK OR SERVICES VCOMPENSATION liKINSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# /5-��035'`y 6O BL,EXP. 12/31//5 UBI# ,o / ((.f1 ,EXP. oy/go /5p//. 8. TERM: COMMENCEMENT DATE: t"j7A,eb COMPLETION DATE: $/1//;20/- 9. TOTAL COMPENSATION:$ f 9/5 .3 (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: yo/-I/00-Co- ,1- 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED [PROJECT MANAGER p 6// oI 2, 11/DIVISION MANAGER _waling f/��EPUTY DIRECTOR il EV AV,C aF/DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) vac tiA lia rAW DEPT G I(O`1(0 l5 vac (2/23f( 1 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: A// COUNCIL APPROVAL DATE: N1 12. CONT CT SIGNATURE ROUTING /^ SENT TO VENDOR (pn / /CONTRACTOR DATE SENT: / /5 DATE REC'D: -7/70/05 ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS IN�IAL/DATE SIGNED -431 AW DEPT SI5 %16 / ❑ HIEF OF STAFF #10 FL SIGNATORY(1474444941--eR_GIRECTOR) S Y I CITY CLERK ( j ASSIGNED AG# A •IF Ma= SIGNED COPY RETURNED DATE SENT: 411571 ❑RETURN ONE ORIGINAL COMMENTS: ,�"� EXECUTE"1 "ORIGINALS ) .f£C77od fffb ti/if 4visel) fr/Ctu2.ASteea* uA44ts —1N-/V2 /hie hp w Me /N/.1861 0140. S�TiMAIC Aida bCt foe/eacieg:VC cAe A9ke-c7 ov■ cure z. Wpv►t i t P4470etkthi ,,k4 AAA- a C,N1Afouyfis f° cotkcF 4 0t o se 04- I%ov,rooNt. 11/9 CITY OF CITY HALL 33325 8th Avenue South Federal Way, , �� ��' ��� (253) 835-70 WA 00 www cityoffederaiway corn PUBLIC WORKS MAINTENANCE AGREEMENT FOR CONSERVATION PROPERTY WASTE CLEANUP This Public Works Maintenance Agreement("Agreement")is made between the City of Federal Way,a Washington municipal corporation ("City"), and Bio Clean, Inc., 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: BIO CLEAN, INC.: CITY OF FEDERAL WAY: Lisa Martinez Tony Doucette 3316 Old Hartford Road#A2 33325 8th Ave. S. Lake Stevens, WA 98258 Federal Way, WA 98003-6325 (425) 377-2303 (telephone) (253) 835-2753 (telephone) (425) 377-2309 (facsimile) (253) 835-2709 (facsimile) lmartinez(a�biocleanwa.com tony.doucette ,cityoffederalway.com The Parties agree as follows: 1. TERM.The term of this Agreement shall commence upon the effective date of this Agreement,which shall be the date of mutual execution,and shall continue until 1 ue u til the completion of the Work,but in any event no later than p Y August 31st,2015("Term").This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit"A",attached hereto and incorporated by this reference("Work"),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. 2.2 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. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be 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.If the Contractor does not accomplish the corrections within a reasonable time PW MAINTENANCE AGREEMENT 1 - Rev. 1/2015 CITY OF 33325 HALL 3 Federal Way Federal 8th Avenue South Federr al Way,WA 98003-6325 (253) 835-7000 anew cityoffederalway corn 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. 2.3 Time,Documentation,and Inspection. Work shall begin immediately upon the effective date of this Agreement. 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 Contract,notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 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. 3. TERMINATION. Either party may terminate this Agreement, with or without cause,upon providing the other party thirty(30)days written notice at its address set forth on the signature block of this Agreement.The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies,breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. 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 be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment.On a monthly basis,the Contractor shall submit a voucher or invoice 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 shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty(30)days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does 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. 4.3 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 of this 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. PW MAINTENANCE AGREEMENT - 2 - Rev. 1/2015 CITY OF CITY HALL '�„ FFe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn 4.4 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. 4.5 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. 4.6 Bond. As this is a contract for less than thirty-five thousand dollars, and as the Contractor has requested it,pursuant to RCW 39.08,the City,in lieu of the bond,will retain fifty percent of the contract amount for a period of thirty days after the date of final acceptance,or until receipt of all necessary releases from the department of revenue, the employment security department, and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW,whichever is later. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the retained funds. 5. INDEMNIFICATION. 5.1 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, attorney's 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. 5.2 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. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders,partners, employees, agents,representatives, and sub-contractors 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,attorney's fees,costs,and/or litigation expenses to or by any and all persons or entities,including without limitation,their respective agents,licensees,or PW MAINTENANCE AGREEMENT - 3 - Rev. 1/2015 Ilah, CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway corn 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. 5.4 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. 6. 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 for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. 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 liability,advertising injury,and liability assumed under an insured contract with limits no less than$4,000,000 for each occurrence and $4,000,000 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 limit no less than$2,000,000 per accident for bodily injury, p ersonal injury or death, and property damage. d. Contractor's Pollution Liability insurance covering remediation and disposal work with limits no less than $4,000,000 per claim and$4,000,000 Aggregate limit. 6.2. 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 as respect 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 it. 6.3. 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 actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY.All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws.Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. 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 delivery all PW MAINTENANCE AGREEMENT - 4 - Rev. 1/2015 CITY of CITY HALL 33325.." .,., 8th Avenue South Federal Way Feder al Way,WA 98003 003 Feder -6325 (253) 835-7000 www cityoffederalway corn needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor.Contractor shall make such data,documents,and files available to the City 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. 9. 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. 10. INDEPENDENT CONTRACTOR/EMPLOYEE CONDITIONS. 10.1 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 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. 10.2 Safety. 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 municipal 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,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 10.3 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 PW MAINTENANCE AGREEMENT - 5 - Rev. 1/2015 CITY OF CITY HALL �...., h 33325 Federa Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington,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 of Labor and Industries of the State of Washington,which current"prevailing rates of wage"are attached hereto as Exhibit"D"and incorporated herein by this reference.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. 10.4.2 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. 10.4.3 Exemptions to Prevailing Wage. The 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%of a partnership;the President,Vice President and Treasurer of a corporation if each one owns at least 30%of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the 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. 10.4.5 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. 11. 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. 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 evaluating the Contractor's performance. 12 EQUAL 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 PW MAINTENANCE AGREEMENT - 6 - Rev. 1/2015 ` CITY OF HALL 3332 5 8th Avenue South Federal Way 3332 Federal Way,WA 98003-6325 (253) 835-7000 www crtyoffederalway corn 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,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 of the 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 non-discrimination. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements.If this project involves federal funds including USDOT funds administered by WSDOT,the contractor agrees to the clauses contained in Exhibit E. 13. GENERAL PROVISIONS. 13.1 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 of the 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. 13.2 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 S � p Y g g p 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. 13.3 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 of the 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 option. 13.4 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 of the 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 PW MAINTENANCE AGREEMENT - 7 - Rev. 1/2015 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway corn 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 of the 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 of the 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 of resolving 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 attorney's 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,however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 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 of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] PW MAINTENANCE AGREEMENT - 8 - Rev. 1/2015 CITY OF CITY HALL ,44k..:�.., Federal Way 33325 8th Avenue South Federal Way,WA 98003 003 -6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY 0 EDERAL WAY ATTEST: By: 1 •■ - I1 �j�4r►� Marw Salloum, P.E. Public Works Director .17; 1.rk, Stephanie CMG ey, CMC DATE: s C.o 2\ APPROVED AS TO FORM: -ref City Attorney, Amy Jo Pearsall Bio Clean, Inc. By: 4 i / • T'a Borst, President DATE: IA. 2 -12-® I 5 STATE OF WAS INGTON ) ) ss. COUNTY OFjno_hOflV ) On this day personally appeared before me Theresa Borst,to me known to be the President of Bio Clean,Inc.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 22►'Mday ofd` , 201? Notary's signature ).11/\_ Notary's printed name K ri 5 than 'S 4- Not� NAd. ' and for the S ate o Washington. `ASS I Lx �60pires O 0 Ol u NOTARY 3 r. cP PUBUC s.2 ' •••,1.20 41••• •`4 wAsw PW MAINTENANCE AGREEMENT - 9 - Rev. 1/2015 CITY OF CITY HALL �,., Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatway corn EXHIBIT "A" SERVICES Scope of work: Bio Clean, Inc. will remove and properly dispose of biohazards and trash from transient encampments on two City of Federal Way owned properties (parcel numbers 292104-9080 and 292104-9021). The properties have several scattered, abandoned camps with evidence of drug use and significant trash accumulation. Given the scale of the area and dispersed camp locations, cleanup efforts will completely remove the largest camps and biohazards first and address scattered locations as remaining time and budget allow. The City will perform a sweep of the property at least 72 hours in advance of the cleanup effort and work will be coordinated with the City Police Department as needed. The City will arrange for a dumpster(s)to be provided for trash disposal. The contractor will dispose of trash in the dumpster(s) and is responsible for proper disposal of biohazards. PW MAINTENANCE AGREEMENT - 10 - Rev. 1/2015 ` CITY OF CITY HALL 1- Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway corn EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to p � Ty pY exceed Four thousand Nine hundred and Ninety-five and 39/100 Dollars ($4,995.39). 2. Method of Compensation: Hourly/Daily rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the daily labor charge rate schedule for Contractor's personnel as shown below: Daily Rates Cleanup Personal Technician Protective Tools & Biohazards Team Equipment Equipment Disposal Fee Tasks $ 4,128.00 $ 164.00 $ 235.00 $ 35.00 Cleanup and Debris Sweep 1 1 1 1 $4,562.00 Task Cost $ 4,128.00 $ 164.00 $ 235.00 $ 35.00 $4,562.00 9.5% Sales Tax $ 433.39 Total Cost $4,995.39 PW MAINTENANCE AGREEMENT - 11 - Rev. 1/2015 _ EXHIBIT C A'cccrRE) CERTIFICATE OF LIABILITY INSURANCE DATE ;2o15Y) 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 CONTACT Fortune Management Group NAME: Grant Baldwin 705 S 9th St Suite 302 tA/C.No.ExO: (253) 200-6633 (�,No):(253) 200-6626 EMAIL Tacoma WA 98405 ADDRESS: grant @fmgins.com . INSURER(S)AFFORDING COVERAGE - I NAIC F INSURER A:Homeland Insurance Company of 34452 INSURED- INSURER B:Progressive Bio Clean, Inc. INSURER C: P.O. Box 655 INSURER D• Lake Stevens WA 98258 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 249 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 ST NDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE ADDI SUER POLICY EFF POLICY EXP LTR GOD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 4,000,000 _ AMAGE TO CLAIMS-MADE X OCCUR Y 7930000580004 5/7/2015 5/7/2016 PREM SES Ea occurrence) $ 50,000 X $5,000 Deduct MED EXP(Any one person) $ 5 000 _ PERSONAL.&ADV INJURY $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Empl Benefits Liab $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -(Ea accident) $ ' 2;000,000 B X ANY AUTO 037117360 5/7/2015 5/7/2016 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ - AUTOS AUTOS ) NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS I AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE ' $ _ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION , 0TH- A AND EMPLOYERS'LIABILITY Y/N 790000580004 5/7/2015 5/7/2016 STATUTE ER • ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT • $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 • A Pollution 790000580004 5/7/2015 5/7/2016 Poll. Ea. Condition 4,000,000 $5,000 Deduct DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Federal Way is named as additional insured as their interest may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Avenue S AUTHORIZED REPRESENTATIVE • Federal Way WA 98003-6325 °= ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Page 1 of 4 EXHIBIT D State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 6/11/2015 County Trade Job Classification Wage Holiday Overtime Note { King Laborers Air, Gas Or Electric Vibrating $42.67 7A 31 Screed King Laborers Airtrac Drill Operator $44.00 7A 31 King Laborers Ballast Regular Machine $42.67 7A 31 King Laborers Batch Weighman $36.17 7A 31 King Laborers Brick Pavers $42.67 7A 31 King Laborers Brush Cutter $42.67 7A 31 King Laborers Brush Hog Feeder $42.67 7A 31 King Laborers Burner $42.67 7A 31 King Laborers Caisson Worker $44.00 7A 31 King Laborers Carpenter Tender $42.67 7A 31 King Laborers Caulker $42.67 7A 31 King Laborers Cement Dumper-paving $43.46 7A 31 King Laborers Cement Finisher Tender $42.67 7A 31 'King Laborers Change House Or Dry Shack $42.67 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $42.67 7A 31 King Laborers Chipping Gun(30 Lbs. And $43.46 7A 31 Over) King Laborers Choker Setter $42.67 7A 31 King Laborers Chuck Tender $42.67 7A 31 King Laborers Clary Power Spreader $43.46 7A 31 King Laborers Clean-up Laborer $42.67 7A 31 King Laborers Concrete Dumper/chute $43.46 7A 31 Operator King Laborers Concrete Form Stripper $42.67 7A 31 King Laborers Concrete Placement Crew $43.46 7A 31 {King Laborers Concrete Saw Operator/core $43.46 7A 31 Driller King Laborers Crusher Feeder $36.17 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2015 Page 2 of 4 King Laborers Curing Laborer $42.67 7A 31 King Laborers Demolition: Wrecking a Moving $42.67 7A 31 (incl. Charred Material) King Laborers Ditch Digger $42.67 7A 31 King Laborers Diver $44.00 7A 31 King Laborers Drill Operator $43.46 7A 31 (hydraulic,diamond) • King Laborers Dry Stack Walls $42.67 7A 31 King Laborers Dump Person $42.67 7A 31 King Laborers Epoxy Technician $42.67 7A 31 King Laborers Erosion Control Worker $42.67 7A 31 King Laborers Faller &t Bucker Chain Saw $43.46 7A 31 :King Laborers Fine Graders $42.67 7A 31 King Laborers Firewatch $36.17 7A 31 King Laborers Form Setter $42.67 7A 31 King Laborers Gabian Basket Builders $42.67 7A 31 King Laborers General Laborer $42.67 7A 31 ;King Laborers Grade Checker a Transit $44.00 7A 31 Person King Laborers Grinders $42.67 7A 31 ;King Laborers Grout Machine Tender $42.67 7A 31 King Laborers Groutmen (pressure)including $43.46 7A 31 Post Tension Beams King Laborers Guardrail Erector $42.67 7A 31 King Laborers Hazardous Waste Worker (level $44.00 7A 31 A) King Laborers Hazardous Waste Worker (level $43.46 7A 31 B) King Laborers Hazardous Waste Worker (level $42.67 7A 31 C) King Laborers High Scaler $44.00 7A 31 King Laborers Jackhammer $43.46 7A 31 King Laborers Laserbeam Operator $43.46 7A 31 King Laborers Maintenance Person $42.67 7A 31 King Laborers Manhole Builder-mudman $43.46 7A 31 King Laborers Material Yard Person $42.67 7A 31 King Laborers Motorman-dinky Locomotive $43.46 7A 31 King Laborers Nozzleman (concrete Pump, $43.46 7A 31 Green Cutter When Using Combination Of High Pressure Air a Water On Concrete a Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $43.46 7A 31 King Laborers Pilot Car $36.17 7A 31 King Laborers Pipe Layer Lead $44.00 7A 31 King Laborers Pipe Layer/tailor $43.46 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2015 Page 3 of 4 King Laborers Pipe Pot Tender $43.46 7A 31 King Laborers Pipe Reliner $43.46 7A 31 King Laborers Pipe Wrapper $43.46 7A 31 King Laborers Pot Tender $42.67 7A 31 King Laborers Powderman $44.00 7A 31 King Laborers Powderman's Helper $42.67 7A 31 'King Laborers Power Jacks $43.46 7A 31 King Laborers Railroad Spike Puller - Power $43.46 7A 31 King Laborers Raker - Asphalt $44.00 7A 31 King Laborers Re-timberman $44.00 7A 31 King Laborers Remote Equipment Operator $43.46 7A 31 King Laborers Rigger/signal Person $43.46 7A 31 King Laborers Rip Rap Person $42.67 7A 31 King Laborers Rivet Buster $43.46 7A 31 'King Laborers Rodder $43.46 7A 31 'King Laborers Scaffold Erector $42.67 7A 31 King Laborers Scale Person $42.67 7A 31 King Laborers Sloper (over 20") $43.46 7A 31 King Laborers Sloper Sprayer $42.67 7A 31 King Laborers Spreader (concrete) $43.46 7A 31 King Laborers Stake Hopper $42.67 7A 31 King Laborers Stock Piler $42.67 7A 31 King Laborers Tamper Et Similar Electric, Air $43.46 7A 31 8 Gas Operated Tools King Laborers Tamper (multiple a Self- $43.46 7A 31 propelled) King Laborers Timber Person - Sewer (lagger, $43.46 7A 31 Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $42.67 7A 31 King Laborers Topper $42.67 7A 31 King Laborers Track Laborer $42.67 7A 31 King Laborers Track Liner (power) $43.46 7A 31 King Laborers Traffic Control Laborer $38.68 7A 31 8R King Laborers Traffic Control Supervisor ' $38.68 7A 31 8R King Laborers Truck Spotter $42.67 7A 31 King Laborers Tugger Operator $43.46 7A 31 King Laborers Tunnel Work-Compressed Air $64.99 7A 31 N, Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $70.02 7A 31 Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $73.70 7A 31 8MC Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $79.40 7A 31 Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $81.52 7A 31 Worker 60.01-64.00 psi https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 6/11/2015 Page 4 of 4 King Laborers Tunnel Work-Compressed Air $86.62 7A 31 8�( r Worker 64.01-68.00 psi `King Laborers Tunnel Work-Compressed Air $88.52 7A 31 8�C Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $90.52 7A 31 M. Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $92.52 7A 31 I Worker 72.01-74.00 psi `King Laborers Tunnel Work-Guage and Lock $44.10 7A 31 8�( Tender 1King Laborers Tunnel Work-Miner $44.10 7A 31 M. 1 King Laborers Vibrator $43.46 7A 31 King Laborers Vinyl Seamer $42.67 7A 31 'King Laborers Watchman $32.87 7A 31 'King Laborers Welder $43.46 7A 31 King Laborers Well Point Laborer $43.46 7A 31 King Laborers Window Washer/cleaner $32.87 7A 31 https://fortress.wa.gov/lni/wagelookup/pryWagelookup.aspx 6/11/2015 CITY OF CITY HALL '�...., Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatway corn EXHIBIT "E" TITLE VI ASSURANCES During the performance of this contract,the contractor/consultant,for itself, its assignees and successors in interest (hereinafter referred to as the"contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT),Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations,orders and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part PW MAINTENANCE AGREEMENT - 14 - Rev. 1/2015 CITY OF CITY HALL 1110 . Federal VVay Fede5 8ue Sth Way,Federal Wayy,,WA 98003-6325 (253) 835-7000 www cityoffederalway corn 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. PW MAINTENANCE AGREEMENT - 15 - Rev. 1/2015 Corporations: Registration Detail Page 1 of 1 BIO CLEAN,INC. UBI Number 602114679 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 04/18/2001 Expiration Date 04/30/2016 Inactive Date Duration Perpetual Registered Agent Information Agent Name THERESA M BORST Address 3316 OLD HARTFORD RD#A2 City LAKE STEVENS State WA ZIP 98258 Special Address Information Address PO BOX 655 City LAKE STEVENS State WA Zip 98258 Governing Persons Title Name Address President,Treasurer,Chairman BORST,THERESA 2251 MARINER BEACH DR OAK HARBOR,WA 98277 Vice President,Secretary POST,KRISTEN 10917 159TH AVE SE SNOHOMISH,WA 98290 http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602114679 6/11/2015 - -4CITY OF , Federal Way BUSINESS REGISTRATION License Number 20-15-103396-00-BL Non-Resident Business Registered: BIO CLEAN INC 3316 OLD HARTFORD RD SUITEA2 LAKE STEVENS,WA 98258-8699 Expires: 12/31/2015 Category: 7380 -Business Srvc.-Misc.-Business Srvc. Conditions: 1. This license is non-transferable. 2.Please notify the City Clerk's office of any change in your business such as a new location or business name. `%.� FEDEgq��,� coRpoRAIL U: -- ti: dfilltritt-) • SEAL '���igSHING���`�� City Clerk,City of Federal Way This certifies that the above entity has been issued the registration or license listed. City of Federal Way-Licensing FEDERAL WAY WA 98003.. BIO CLEAN INC*THER BORST* P.O.BOX 655 LAKE STEVENS,WA 98258-0655 ESTIMATE June 6, 2015 Bio Clean , Inc Specialists in Incident Clean-13P Emergency (888) 412-6300 . Office (425) 377-2303 — Fax (425) 377-2309 PO Box 655 —Lake Stevens, WA 98258 City of Federal Way Tony Doucette 253-835-2753 tony.doucette @cityoffederalway.com RE: Pacific Hwy/S. 364th,Federal Way Estimate for transient encampment/hazardous debris sweep Pacific Hwy/S. 364th area of Federal Way. (map attached) Initial full sweep, clean up and removal of bio hazardous materials from transient encampment area. This includes removal and proper disposal of bio hazardous materials associated with transient encampments, drug users or highway litter that poses physical and biological safety and health hazards. Subject to prevailing wage - $129.00 per man hour. Personal Protective Equipment: Level-C, gloves, safety goggles, boots, safety vests, hard hats, & equipment to complete services. Daily rate $164.00 per 4 man crew. Tools &Equipment needed to complete the services includes rakes, shovels, hand grabbers, garden sprayers, disinfectants (used for bio hazardous areas), trash bags, and related supplies. Daily rate $235.00 per 4 man crew. Disposal of biohazardous materials, including any hypodermic needles found onsite. $35.00 per 4 quart sharp containers. Disposal of non-biohazardous solid waste materials (to be provided by Waste Management,through City of Federal Way contract). NOTE: Camp area e must be posted 72 hours before clean up. EXCLUDES: Brush cutting, equipment rental, solid waste material disposal, signage/traffic control, Health & Safety Plan, off hours labor,permits. Subtotal: $ 4,562.00 Sales Tax( 9.5 %): $ 433.39 Total: $ 4,995.39 www.biocleanwa.com When the worst happens....We are here to help! Tony Doucette From: BioClean <info @biocleanwa.com> Sent: Wednesday, August 05, 2015 11:32 AM To: Tony Doucette Subject: Notary Clarification I, Kristen Post, notarized the contract between the City of Federal Way and Bio Clean, Inc., signed by Theresa Borst in my presence on July 22, 2015. I give the City of Federal Way permission to change the County in the signature line from 'WA'to'Snohomish' and request that this email confirmation will be included with the contract file for reference. Kristo. Post Bio Clean, Inc. p.(425)377-2303 f.(425)377-2309 1