2021/06/16 Council Agenda Packet

Page 16 of 47 The contractor shall be responsible for providing and paying all fees associated with any and all permits that are required. 2.19 WARRANTY OF SERVICES AND REPAIRS Contractor will obtain an “acceptance of work signature” from the appropriate City of Everett representative, as identified in Section 2.3 Maintenance Scheduling, upon the completion of the requested work. All work performed under this contract shall be guaranteed for no less than (1) year from the date of “acceptance of work signature” by the City of Everett. If within one (1) year after the completion date of the work, defective and unauthorized work is discovered, the Contractor shall promptly, upon written request by City of Everett, return to the site and in accordance with the City of Everett’s instructions, either correct such work, or if such work has been rejected by City of Everett, corrective action shall be taken by the contractor to replace it with non- defective and authorized work, all without cost to the City of Everett. 2.20 CATALOG & PRICE LIST DISCOUNTS The contractor’s current product catalog or price list used in determining the product price shall be the contractor’s published catalog or price list offered to the public. The contractor shall not create nor publish a separate catalog or price list specifically for this contract. The discounts quoted in Form 3.03 Price Sheet, Category 3 – Parts and Materials, shall remain firm for the duration of the contract; however, the base product price will be allowed to change as the current published pricing in the contractor’s catalog changes. 2.21 BONDING OR RETAINAGE Per RCW 39.08.010, for individual service requests of one hundred fifty thousand dollars or less, at the option of the contractor, the City of Everett may, in lieu of the bond, retain ten percent of the contract amount for a period of thirty days after 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. The recovery of unpaid wages and benefits must be the first priority for any actions filed against retainage held by a state agency or authorized local government. Alternatively, the City of Everett may accept a full payment and performance bond from an individual surety or sureties. If the Contractor chooses to provide Performance and Payment bonds, the City of Everett will provide bonding forms when awarding the contract. 2.22 PREVAILING WAGE REQUIREMENTS The wage rates to be paid to all laborers, workers, and mechanics who perform any part of this Contract shall not be less than the prevailing wage rates as required by Chapter 39.12 of the Revised Code of Washington, as amended. This requirement applies to laborers, workers, and mechanics whether they are employed by the Contractor, Subcontractors, Sub-subcontractors, or any other person who performs a portion of the Work contemplated by this Contract. The State of Washington prevailing wage rates applicable for this public works project, which is located in Snohomish County, may be found at the following website address for the Department of Labor & Industries: https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/. The applicable effective date for prevailing wages for this project is based on the date the repair was made. In referencing such rates, City of Everett does not imply or warrant that the Contractor will find labor