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General Provisions - 3
<br />3. Intellectual Property Rights/Warranties. Reports, drawings, plans, specifications and any other
<br />intangible property created in furtherance of the Work are property of the City for all purposes,
<br />whether the project for which they are made is executed or not, and may be used by the City for
<br />any purpose. Upon Work completion, all Work warranties must be assigned to the City.
<br />4. Time of Beginning and Completion of Performance. This Agreement shall commence as of the
<br />date of mutual execution of this Agreement and shall be completed by Completion Date stated in
<br />the Basic Provisions.
<br />5. Reimbursement.
<br />A. The City shall reimburse Service Organization only for completed Work and for services
<br />actually rendered which are described herein. Such payment shall be full payment for Work
<br />performed or services rendered, including, but not limited to, all materials, supplies,
<br />equipment and incidentals necessary to complete the Work.
<br />B. Service Organization shall be reimbursed such amounts and in such manner as described in
<br />Exhibit A.
<br />C. Total payments to Service Organization, including reimbursement of all expenses, shall not
<br />exceed the Maximum Reimbursement Amount in the Basic Provisions.
<br />6. Prevailing Wages. All workers and laborers who are paid for Work of construction, alteration,
<br />repair, or improvement under this Agreement (regardless of whether such payments are from
<br />Service Organization or Service Organization subcontractor of any tier) must be paid an amount
<br />not less than the prevailing rate of wages established for each trade or occupation as established
<br />by the Washington Department of Labor and Industries, in accordance with Chapter 39.12 RCW
<br />(Prevailing Wages). These wages may be found at the following website address for the
<br />Department of Labor & Industries: https://lni.wa.gov/licensing-permits/public-works-
<br />projects/prevailing-wage-rates/. Unless otherwise determined by the City, the prevailing wage
<br />rates in effect on the date of this Agreement are the applicable prevailing wage rates. A copy of
<br />the applicable prevailing wage rates is also available for viewing at the City of Everett’s
<br />Procurement Office, located at 3200 Cedar Street, Everett, WA 98201. Upon request, the City of
<br />Everett will mail a hard copy of the applicable prevailing wages for this Project. In referencing
<br />such rates, City does not imply or warrant that the Service Organization’s will find labor available
<br />at those rates. It is Service Organization’s sole responsibility to determine the wage rates actually
<br />paid. If prevailing wages are required and, unless otherwise determined by City in accordance
<br />with applicable law, (1) Service Organization shall post the Prevailing Rate of Wage Statement in
<br />a location readily visible to workers at the job site or as allowed by RCW 39.12.020 and (2) Service
<br />Organization and each any every, sub-contractor, and lower-tier contractors working on the Work
<br />shall file the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid forms.
<br />Service Organization is responsible for filing all forms with the Department of Labor and Industries
<br />(L&I) and is responsible for paying all filing fees.
<br />7. Termination of Contract. Either party may terminate this Agreement at any time effective upon
<br />30-days prior written notice to the other party. Unless terminated for Service Organization’s
<br />material breach, Service Organization shall be reimbursed for Work completed through the
<br />termination date.
<br />8. Subletting/Assignment of Contracts. Service Organization shall not sublet or assign any of the
<br />Work without the express, prior written consent of the City.
<br />9. Hold Harmless and Indemnification.
<br />A. Service Organization shall hold harmless, indemnify, and defend the City, its officers, officials,
<br />employees, and agents, from and against any and all claims, actions, suits, liability, loss,
<br />expenses, damages, and judgments of any nature whatsoever, including costs and attorneys’
<br />fees in defense thereof, for injury, sickness, disability, or death to persons or damage to
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