2022/10/26 Council Agenda Packet

The City will reimburse the actual filing fee for the approved Intent and Affidavit. No mark-ups on the filing fees are allowed or will be reimbursed. 1.23 PAYENT RCW 60.28.011 states that public improvement contracts shall provide, and public bodies shall reserve, contract retainage not to exceed five (5) percent of the moneys earned by the Awarded Contractor as a trust fund for the protection and payment of claims and taxes. Unless the Awarded Contractor receives notice otherwise from the City in writing, the Contractor has the option to complete and furnish to the City a retainage bond in a form provided by the City or retainage will be withheld. Retained funds are held until released by the City upon compliance with all other City, State and Federal requirements. The City shall not release retainage until it has received releases from the State Department of Revenue, Employment Security, the State Department of Labor & Industries, any liens, and receipt of approved Affidavits of Wages paid for the Contractor and each and every subcontractor. The City will issue payment on the retainage amount forty-five (45) days after the City has accepted the work order as complete or upon receipt of all necessary releases, whichever is later. All invoices must list work order number and are to be submitted to: City of Everett -Accounts Payable PO Box 12130, Everett WA 98201 or email to: accountspayable@everettwa.gov 1.24 MISCELLANEOUS A. Any waiver by the City or the breach of any provision of this Contract by the Contractor will not operate, or be construed, as a waiver of any subsequent breach by the Contractor or prevent the City from thereafter enforcing any such provisions. B. This Contract may not be assigned by the Contractor without the written consent of the City, which consent may be withheld in the City's sole discretion. C. This Contract contains the complete and integrated understanding and Contract between the parties and supersedes any understanding, agreement or negotiation whether oral or written not set forth herein. D. Unless otherwise directed in writing by the City's Procurement Professional, notices to the City must be in writing and shall be delivered to the City's Procurement Professional by registered or certified mail, postage prepaid, or delivered by hand. Notices to the Contractor may be delivered to the Contractor by mail or email to the address for Contractor on Form 4.01 or to any other address reasonably calculated to give the Contractor notice. E. This Contract may only be modified by a written amendment executed in accordance with the Contract. F. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, and the remainder of the Contract shall remain in full force and effect. G. Exclusive venue for any lawsuit arising out of this Contract shall be in the Superior Court of Snohomish County, Washington. The laws of the State of Washington, without giving effect to principles of conflict of laws, govern all matters arising out of or relating to this Contract.