Small Works Roster (SWR) Invitation to Quote #2026-070

Procurement Contact:

Bert Cueva, CPPB Senior Procurement Specialist

(425) 257-8903 bids@everettwa.gov

GREEN LANTERN DOCK REFURBISHMENT

The Engineer’s Estimate for this Project is $110,000

TIMELINE - The following represents the anticipated schedule for this solicitation.

Issue Date September 23, 2026

Pre-Quote & Site Visit Date: The pre-quote conference will discuss and answer questions regarding this solicitation, project scope, and a site visit. It is highly recommended that Contractors attend however attendance is optional.

10:00 a.m. Pacific Standard Time October 6, 2026

See Section 2.4 for Pre-Quote Site Visit Information.

Deadline for Questions October 13, 2026

Quote Due Date October 29, 2026, 2:00 p.m. Pacific Standard Time

Anticipated Award November 2026

Contract Start Date November 2026

For updates including Addenda, bid tabulation and award, please see:

https://www.everettwa.gov/2713/Bid-opportunities

Submit quotes to:

E-mail: bids@everettwa.gov OR Fax: (425) 257-8864

If delivery: Procurement, 2930 Wetmore, Suite 5C, Everett, WA 98201.

For hand-delivery, please call the Point of Contact listed above to access the locked elevator.

***** Restrictive Quote ***** You are receiving this Invitation as you are currently registered on the MRSC Shared Small Works Roster.

***** Restrictive Quote *****

Per Section 1.1, you are receiving this Invitation for Quote as you are currently registered on the

MRSC Shared Small Works Roster.

mailto:bids@everettwa.gov https://www.everettwa.gov/2713/Bid-opportunities https://www.everettconnect.org/DocumentCenter/View/19541/Everett-WA-black

SECTION 1 - INSTRUCTIONS

1.1 SMALL WORKS ROSTER AND ELIGIBLE BID LIST

The City uses the shared Small Works Roster maintained by MRSC. Information about the Roster and the registration portal are at https://www.mrscrosters.org

The day the solicitation is issued, the City will create a project in the MRSC Rosters system to generate a list of businesses in the applicable work category. This list of businesses is the “project-specific” roster used to solicit quotes. Only contractors accepted by MRSC to the roster before the project-specific roster is generated will be invited to quote. Quotes received from contractors not on the MRSC list will be considered non-responsive.

1.2 QUESTIONS

Send questions to bids@everettwa.gov . Please note the deadline for questions to be submitted.

On or prior to the deadline for questions on the cover page (or as subsequently amended), an eligible bidder may request that City modify the supplemental bidder responsibility criterion. Submit such request to bids@everettwa.gov or email the Procurement Contact on page 1.

Seeking information from any City employee not authorized by the Procurement Contact regarding this Invitation to Quote may result in disqualification. Any oral communications are non-binding on the City.

Contractors should rely only on written statements that are issued by the procurement contract.

1.3 REQUEST TO MODIFY SUPPLEMENTAL BIDDER RESPONSIBILITY

On or prior to the deadline for questions on the cover page (or as subsequently amended), a eligible bidder may request that City modify the supplemental bidder responsibility criterion. Submit such request to bids@everettwa.gov or email the Procurement Contact on page 1.

1.4 REQUEST EXTENSION OF DUE DATE

Prior to the deadline for questions submittal deadline, Contractors may request an extension of the Due Date. The Contractor shall supply any information that will facilitate a City decision. Any approved extension will be issued by addendum.

1.5 MULTIPLE QUOTES

Contractors may submit more than one quote, providing each quote stands alone and independently.

1.6 ADDENDA AND AWARD IUPDATES

All Information including Addenda, Bid Tabulations and Award can be found at:

https://www.everettwa.gov/2713/Bid-opportunities

Contractors are responsible for checking the website for any addenda before submitting a quote.

Submittal of a response is certification that the bidder received and considered all addenda.

1.7 NON-ENDORSEMENT

As a result of the selection of a Contractor the City of Everett is neither endorsing nor suggesting that the Contractor's product is the best or only solution. The Contractor agrees to make no reference to the City of Everett in any literature, promotional material, brochures, sales presentation, or the like without the express written consent of the City of Everett.

https://www.mrscrosters.org/ mailto:bids@everettwa.gov mailto:bids@everettwa.gov https://www.everettwa.gov/2713/Bid-opportunities

1.8 NO CONFIDENTIALITY

By submitting a quote, the quoting contractor understands and agrees that the quote and all the materials submitted in connection with the quote will not be considered as confidential or proprietary by the City.

The City will disclose the quote and all such materials to anyone at any time and without notice to the quoting contractor.

1.9 QUOTES BECOME PROPERTY OF THE CITY OF EVERETT

All materials submitted in response to this invitation become the property of the City of Everett. Selection or rejection of a response does not affect this right.

1.10 NO CITY OBLIGATION TO CONTRACT

The City of Everett reserves the right to refrain from contracting with any Contractor. The release of this Invitation for Quote does not compel the City of Everett to purchase.

1.11 COST OF PREPARING QUOTES

The City of Everett is not responsible for any costs incurred by Contractors in the preparation and presentation of quotes and demonstrations submitted in response to this Invitation to Quote.

1.12 NO BID BOND

A Bid Bond is not required for this solicitation.

1.13 QUOTE SUBMITTAL

Deliver the quote to the City Procurement Office by 2:00 p.m. Pacific Time. Bids arriving after the deadline will be unopened unless lateness is waived as immaterial by the City Procurement Manager or designee.

Submit quotes to:

E-mail: bids@everettwa.gov Fax: (425) 257-8864 Hand or Courier delivery: Procurement, 2930 Wetmore, Floor 5, Suite C, Everett, WA 98201.

For hand-delivery, please call the Point of Contact listed above to access the locked elevator.

Submit quotes on the forms provided herein and ensure the quote is signed by an authorized representative of your firm.

1.14 OFFER PERIOD

All quotes submitted shall remain open for City consideration until at least the time in which the City enters into a contract or rejects all offers.

1.15 WITHDRAWAL OF QUOTES

Contractors may withdraw a quote submitted prior to the due date and time. A written request signed by an authorized representative of the Contractor must be submitted to the Procurement Contact named on the Invitation for Quote cover sheet. No Contractor may withdraw their quote after the hour set for the opening unless the award is delayed for a period exceeding ninety (90) days. The City further reserves the right to make awards to the lowest and most responsive Contractor as deemed in the City’s best interests.

Contractors will not be allowed to alter quotes after the deadline for quote submission. This does not limit the City’s right to find faults as immaterial or to correct mathematical extension of pricing. Bidders are responsible for all errors or omissions contained in their quotes.

If a Contractor claims an error, and requests to be relieved of the award, they will be required to promptly present worksheets or other materials as determined by the Procurement Contact. The Procurement Contact will review the worksheets and other materials, if any, and if the Procurement Contact finds error or critical omission of elements that determine the quote cost has been made, the Procurement Contact may relieve the Contractor of their quote.

1.16 PROCEDURE WHEN ONLY ONE QUOTE IS RECEIVED

If the City receives a single responsive, responsible quote, the City may accept the quote or may choose a price or cost analysis on such a quote. The Contractor shall promptly provide all cost or pricing data, documentation, and explanation requested by the City to assist in such analysis. The City shall not be obligated to accept the single quote.

1.17 RESPONSIBILITY & RESPONSIVENESS

The City will award the Project to the responsive and responsible bidder with the lowest offer, or the City may reject any quotes based on failed responsiveness or responsibility or may reject all quotes. The City may use independent sources of information to demonstrate whether the bidder meets the criteria provided for responsive and responsible contractors.

In reviewing all quotes for responsiveness and for responsibility, some elements may be determined after bids are opened but before an award decision (i.e. intent to contract) is announced. If such information is requested by the City after the bid opening, the Bidder must comply within the time frame specified by the City for providing such information or the City may proceed to make a decision of responsibility without the additional requested information. If a bid is rejected for responsiveness or responsibility, the Bidder will be promptly notified.

Appeal if Rejected for Responsiveness or Responsibility: The evaluation process will not proceed to an award decision for two business days to allow the rejected Bidder to submit a written appeal to the City

Procurement Manager. Considerations that were known or should have been known prior to the bid deadline shall not be considered for an appeal. Such an appeal must be received by the close of business within and including the two (2) business days after the Bidder receipt (or a reasonable expectation of receipt) of the City’s rejection notice.

Responsive Contractor – A business entity who has submitted a quote that fully conforms in all material respects to the Invitation for Quote and all its requirements, including all form and substance, in the sole opinion of the City Procurement Office.

Responsible Contractor – A business entity who has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract in the sole opinion of the City Procurement

Office. This includes Mandatory Contractor Responsibility and Supplementary Contractor Responsibility below.

MANDATORY CONTRACTOR RESPONSIBILITY

As required by RCW 39.04.350 as amended, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. By submitting a signed quote and/or signing a contract or any supplemental form, the Contractor certifies that the Contractor meetings the following requirements. The bidder must:

a. At the time of bid submittal, if required by RCW, have a certificate of registration in compliance with chapter 18.27 RCW, a plumbing contractor license in compliance with chapter 18.106 RCW, an elevator contractor license in compliance with chapter 70.87 RCW, or an electrical contractor license in compliance with chapter 19.28 RCW;

b. Have a current State of Washington Unified Business Identifier number (UBI);

c. If applicable have:

1. industrial insurance coverage for bidder’s employees working in Washington State as required by Title 51 RCW;

2. Employment Security Department number as required in Title 50 RCW; and

3. State excise tax registration number (Title 82 RCW).

d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);

e. Within the five-year period immediately preceding the date of this solicitation, not have been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW and as further extended to a five year period by Everett Municipal Code.

f. Have received training on the requirements related to public works and prevailing wage under chapter 39.04 RCW and chapter 39.12 RCW. Per the LNI Verify a Contractor website.

g. At the time of bid submittal, not be subject to a revocation of a minor work permit under

RCW 49.12.390(4)

SUPPLEMENTARY CONTRACTOR RESPONSIBILITY

The following Supplemental Bidder Responsibility Criteria apply to this solicitation:

Prior Performance on City of Everett Contracts. If the bidder (or the bidder’s owners) had one or more prior contracts with the City, then the bidder may be found “not responsible” if the bidder failed to perform on any of those contracts. Examples include: (1) the contract was terminated by the City for contractor failure to perform; (2) the bidder’s surety paid claims by the bidder’s subcontractors, materialmen, and/or laborers; (3) the contract was terminated pursuant to an agreed contract termination as a result of disputes between the City and Contractor, in the sole opinion of the City; or (4) the contract was only completed after a substantial contract amendment due to contractor failure to perform (such as a “Back on Track” Amendment) https://secure.lni.wa.gov/verify/ http://app.leg.wa.gov/RCW/default.aspx?cite=49.12.390

1.18 DEBARMENT

By submitting a response, signing a contract form, and/or performing work as a result of a purchase order, the Contractor certifies, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. Contractor shall immediately notify the City of any suspension or debarment or other action that excludes the Contractor and any subcontractor level from participation in Federal contracting. Prior to performance of any work by the Contractor or any subcontractor under this contract, Contractor shall verify all subcontractors that are intended and/or used by the Contractor for performance of City work are in good standing and are not debarred, suspended or otherwise ineligible by the Federal Government. Contractor shall include this same provision in any subcontractor or lower contract agreements. Debarment shall be verified at https://www.sam.gov. The Contractor shall keep documentation of such verification within the Contractor records.

1.19 MATHEMATICAL ERRORS

After receiving quotes, the City will verify the correctness of extensions of the prices per unit and the total price. If a discrepancy exists, the price per unit will control. The total of extensions, corrected where necessary, will be used be used to determine award.

1.20 INTENT TO AWARD

The successful Contractor will be sent a notice of Intent to Award, contract, bond forms if applicable, and instructions.

1.21 PROTEST

Any protest by bidder of the Procurement Manager decision must be in strict conformity to Everett Municipal Code Chapter 3.46 titled Bid Protest Procedures: https://everett.municipal.codes/

1.22 PAYMENT & PERFORMANCE BONDS

No retainage, payment or performance bonds are required if the Contract Price is under $5,000.

For contracts at $150,000 or less, the Contractor may elect to forego the performance and payment bonds and instead agree to a 10% retainage pursuant to RCW 39.08.010(3). The Contractor will be asked as part of their Quote submittal or in the intent to award notice whether they wish to accept this option.

Absent a preference for 10% retainage on projects at or less than $150,000, the successful Contractor will execute, and deliver performance and payment bonds equal to the amount of the full contract price with a surety company as surety that the successful Contractor shall faithfully perform all the provisions of this contract and pay all laborers, mechanics, subcontractors, and material men and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work.

The bonds shall be issued by a corporate surety acceptable to the City of Everett, licensed to do business in the State of Washington, and must be filed with the City. The surety must agree to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Performance Bond and separate Payment Bond must be on the forms provided by the City of Everett.

In the event the surety becomes unacceptable to the City of Everett during the Contract, Contractor must, upon the City of Everett’s written request and at Contractor’s sole cost and expense, obtain payment and performance bonds from another surety acceptable to the City of Everett.

No payment or performance bonds are required if the Contract Price is under $5,000.

https://mcas-proxyweb.mcas-gov.ms/certificate-checker?login=false&originalUrl=https%3A%2F%2Fwww.sam.gov.mcas-gov.ms%2Fportal%2Fpublic%2FSAM%2F%3FMcasTsid%3D20893%231&McasCSRF=afaae58c2f6a5cfd74b30e2f36d5554db3e482ba46cc425548cbec78c7407a4e https://everett.municipal.codes/

1.23 EXECUTION OF CONTRACT & NOTICE TO PROCEED

The successful Contractor will sign the contract and return it to the Procurement Office with:

the executed bond forms if applicable according to the solicitation and contractor bond options per the submitted quote;

certificate of insurance;

required insurance endorsements;

other requirements per the solicitation and City instructions.

Upon execution and receipt of any additional required documentation or submittals from the Contractor, a purchase order number (for future invoicing purposes) and a Notice to Proceed will be issued. Any work performed by the Contractor prior to execution of the Contract is strictly at the Contractor’s risk. The City of Everett will have no obligations until a contract is signed by both parties.

1.24 CITY BUSINESS LICENSE

The successful Contractor will be required to possess (or obtain) and maintain a City of Everett Business License and pay City of Everett B & O Tax throughout contract performance, when applicable. B & O Tax questions may be directed to the Everett Business Tax Division at (425) 257-8610.

SECTION 2 – PROJECT SPECIFICATIONS

2.1 PROJECT DESCRIPTION

This is a restricted quote. Only quotes submitted from the contractors listed in the MRSC applicable work category on the Issue Date of the solicitation will be considered. The list of eligible contractors is in Appendix A.

This dock refurbishment project involves reconstruction and improvement of the existing dock located at the City of Everett Green Lantern Park. The project will include refurbishment of portions of the dock structure, along with removal of the remaining decking materials and removal of garbage and broken debris in the surrounding dock area.

Reconstruction scope will involve a combination of carpentry and metal fabrication as detailed on the project drawings.

Major Tasks of the project include:

• Remove remaining existing decking

• Removing the existing girders around the perimeter of the deck while retaining the interior joists,

• Install new joist in first 2 sections of dock

• Install new double 4x8 pressure treated girders,

• Install new metal fabrication handrail assembly onto the new girders,

• Install new metal grating decking surface.

The work must be physically completed in all respects and ready for final acceptance within 120 calendar days of the date of issuance of the Notice to Proceed.

2.2 CONTRACTOR GENERAL SCOPE OF WORK

The Contractor must complete the work in accordance with drawings provided in Appendix B. These drawings define the required construction methods, dimensions, materials, and installation details for the project. All work must conform to these drawings without deviation unless the city issues written approval.

Pictures of the current dock and surrounding area are provided for reference in Appendix C.

2.3 PERMITS

The city will obtain the Hydraulic Project Approval (HPA) permit for the project. The awarded contractor will be named for the permit and be responsible for adhering to the permit requirements

The HPA permit will include containment requirements for the duration of the project. These containment requirements include;

Under-Dock Netting/Tarps: Contractor must suspend heavy-duty tarps, netting, or durable plastic sheeting directly underneath the work area to catch all falling sawdust, fasteners, and debris before they hit the water.

Daily Cleanout: All captured debris on the tarps must be cleaned off and disposed of on land at the end of each workday.

Containment Booms: If any floating debris does escape the netting, contractor must deploy a floating oil/debris boom around the dock to corral it immediately.

No In-Water Power Tools: Any cutting, drilling, or treating of lumber must happen on land (such as on the shore or on a truck bed) rather than directly over the water whenever possible.

2.4 LOCATION OF WORK & PRE-QUOTE SITE VISIT

All on-site work will be performed at the following location (noting that off-site fabrication may also occur):

19th Ave SE and 16th St SE Pier, Everett, WA

Coordinates: 47.892684, -122.204371

The City will work with the Contractor to identify a designated daily staging area for materials, equipment, and tools.

Pre-Quote Site Visit

The pre-quote site visit is scheduled for Tuesday, October 6th at 10:00 a.m.

Please note that no public parking is available at the dock. Contractors are encouraged to park at Hauge

Homestead Park (1819 121st St SE, Everett, WA 98208) and walk to the project location listed above.

2.5 SUBMITTALS

Within fifteen (15) calendar days after the Notice to Proceed and prior to commencing any work, the

Contractor must provide a project timeline and schedule to the City’s Project Manager. The Contractor must adhere to the submitted scheduled start and completion dates; any changes to the schedule must be pre-approved by the City’s Project Manager and documented on a contract change order

2.6 CITY OF EVERETT SITE COORDINATION

The City of Everett will coordinate with Contractor to designate a daily staging area for material, equipment, and tools.

2.7 CONTRACTOR RESPONSIBILITIES

Contractor will have the following responsibilities, in addition to all other conditions and specifications within the contract:

• Field verify all dimensions, materials and installation requirements against drawing provided in

Appendix B before purchasing materials.

• Provide all pedestrian traffic control signage, cones and barricades for the duration of the project around any temporarily staged vehicle access on the lake trail.

• Maintain a secure work site through a closed gate and temporary fencing around the dock.

• Furnish all labor, tools, equipment, materials, supplies, and any other items necessary to successfully complete the project as specified.

• Prevent debris from entering the water throughout the duration of the project. Any debris that enters the water must be removed promptly.

• Dispose of all trash and sweep sidewalks and streets as necessary at the end of each workday.

Upon completion of the project, all sidewalks, streets and area surrounding the dock must be clean and free of any debris resulting from the work under this project.

• Recycle obsolete equipment and materials as is practical.

2.8 WORK HOURS

All work under the contract will be performed during normal working hours, Monday – Friday, 8:00 am – 5:00 pm excluding weekends and City of Everett holidays. Should emergent needs be required, the Project Manager may issue a written directive as soon as practicable to permit overtime, holiday or after-hour work. The Contractor must adhere to the City’s Noise Ordinance, which may be viewed at https://everettwa.gov/253/Safety.

SECTION 3 – QUOTATION SUBMITTAL FORMS

3.1 SUBMITTAL REQUIREMENTS

The forms listed below are to be returned by the bid due date and time to the designated location referenced in the cover sheet. Not submitting these forms by the due date and time may be found as immaterial or may deem your bid as non‐responsive.

1. Form 3.01 – Contractor Commitment and Information

2. Form 3.02 – Price Sheet

3. Form 3.03 – Certification of Compliance with Wage Payment Statutes

FORM 3.01 CONTRACTOR COMMITMENT

SWR INVITATION FOR QUOTE #2026 070 GREEN LANTERN DOCK REFURBISHMENT

Company Name:

Company Address:

City: State: ZIP:

Federal Tax ID #: UBI#: Contractor’s License #

Diversity Certification (if applicable): ☐ Disadvantaged Business Enterprise ☐ Minority Business Enterprise

☐ Women Business Enterprise ☐ Minority Women Business Enterprise ☐ Public Works Small Business Enterprise

Employment Security # City of Everett Business License #

Contact Name (if different from Authorizing Official): Contact Title:

Contact Email: Contact Direct Phone:

Contact Address (If different from above):

City: State: ZIP:

By responding to this solicitation, the Contractor understands and agrees to be bound by all requirements and contract terms and conditions contained in this solicitation and the Contractor acknowledges receipt and understanding of all addenda issued for this solicitation. The Contractor certifies that:

• I am authorized to commit my firm to this quote and that the information herein is valid until the city enters into a contract or rejects all bids.

• Information presented herein is accurate, complete and specifications can be performed as presented.

• I had an opportunity to ask questions regarding this quote and that those questions have been answered.

• this quote is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for this quote and is fair and without collusion or fraud.

An authorizing official must sign to further evidence certifications made as a result of bid submittal. The official may sign with an ink signature, copy of ink signature, copy of signature, e-signature, or any other form of signature. By submitting this bid, the Contractor agrees that the submittal represents the same legal effect as if the Contractor had signed below with an original ink signature.

Authorizing Official Printed Name: Authorizing Official Title:

Authorizing Official Email: Authorizing Official Phone:

Authorizing Official Signature & Date:

FORM 3.02 PRICE SHEET

SWR INVITATION FOR QUOTE #2026-070 GREEN LANTERN DOCK REFURBISHMENT

Contractor Name:

Do not change the description, units of measure, or quantity on the bid form below, unless the Procurement

Contact instructs such changes through an addendum. All calculations are to utilize the pre-filled information as issued on the form.

Mobilization, Traffic Control, Property Restoration, disposal, and all other incidental charges shall be included within the pricing and quote that is offered by the Contractor as part of their quote. No additional payment will be separately allowed for these items, beyond the firm-fixed quote indicated on the Quote form.

Each lump sum bid price shall include everything necessary for the prosecution and completion of the services as detailed in the specifications including but not limited to furnishing all materials, equipment, supplies, tools, plant and other facilities and all management, supervision, labor and service, except as may be provided otherwise in this bid.

Having carefully examined the specifications prepared by the City of Everett and having familiarized ourselves with the premises and conditions affecting the work, the contractor agrees to perform all work required for the following amount and within the specified days:

# Project Description Lumpsum Base Bid

1. Mobilization $

2. Refurbishment of Dock $

Subtotal: $

9.9% Sales Tax: $

Total: $

The following are not for determination of responsive, responsible or low bidder:

What is the earliest date your company can begin work? _____________________________

PAYMENT & PERFORMANCE BOND

For contracts at $150,000 or less, the Contractor may forego the performance and payment bonds and instead agree to a 10% retainage pursuant to RCW 39.08.010(3).

Bidder elects 10% retainage instead of a performance and payment bond, if the quote exceeds $5,000:

☐ Yes

☐ No

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA

Return this signed “Contractor Certification” with your signed Bid Form or within two (2) business days of request by the City of Everett.

Prior to awarding a public works contract, the City of Everett is required to determine that a bidder meets the responsibility criteria to be considered a ‘responsible bidder’ and is qualified to be awarded a public works project.

See RCW 39.04.350(1)(g) & (2). Pursuant to legislative enactment in 2017, the responsibility criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017

Laws (enacting SSB 5301).

Project No.: 2026-070

Project Name: Green Lantern Dock Refurbishment

Procurement Solicitation Date: Wednesday, September 23, 2026

I hereby certify, on behalf of the firm identified below, as follows (check one):

NO WAGE VIOLATIONS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within five (5) years prior to the date of the above-referenced procurement solicitation date.

VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

I HEREBY CERTIFY, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON, THAT THE

CERTIFICATIONS HEREIN ARE TRUE AND CORRECT AND THAT I AM AUTHORIZED TO MAKE THESE

CERTIFICATIONS ON BEHALF OF THE FIRM LISTED HEREIN.

By:____________________________

Signature of authorized person

Title:___________________________

Title of person signing certificate

Date:___________________________

Print Name of person making certifications for firm

Place:___________________________________

Print city and state where signed http://app.leg.wa.gov/RCW/default.aspx?cite=39.04.350 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 https://www.everettconnect.org/DocumentCenter/View/19542/Everett-WA-horiz-black-

Category 1: Public Information

Small Works Contract

THIS CONTRACT is made and entered into by and between the City of Everett (“the City”), a Washington municipal corporation] and [insert legal name and address of Contractor (“Contractor”), a [insert appropriate type of business: e.g. partnership, sole proprietorship, limited liability company, corporation, public benefit nonprofit] of the State of [insert state in which the corporation is chartered] and authorized to do business in the State of Washington.

1. Basic Provisions: The City Project Manager and Insurance Contact Information do not require a Change Order to modify.

Solicitation Name Enter solicitation

Brief Description Enter one sentence description

Contractor

Enter contractor name

Enter contractor street address name

Enter contractor city, state, zip

Enter contractor email address

City Project Manager

Enter PM name

City of Everett -- Enter PM ‘s department

Enter PM office street address

Enter PM office city, state, zip Enter PM email address

Contract Time

The Work shall be physically complete in all respects within enter # or days following NT

Contract Price Enter Contract Price

Contract Documents

The following documents (“Contract Documents”) are incorporated by reference and are hereby made a part of this Contract: this Contract document; Invitation for Quote and addenda thereto, including without limitation any Instructions, General Conditions, Specifications, Contractor Commitment and Information, Price Sheet, Certification of Compliance, Minority Business Certification, Contractor References, and any other document included in the Invitation to Quote; change orders; all provisions required by law, and the following document(s), if any:

Enter additional contract document(s) or N/A

Contractor’s response to the solicitation is a Contract Document, but only to the extent it is responsive to the solicitation.

Contractor Insurance Contact Information

Enter insurance contact name

Enter insurance contact phone number

Enter insurance contract email address

2. Contract Price. The Contract Price is established as the result of the Bid submitted by the Contractor and as may be subsequently amended by written Change Order.

3. Term. This Contract begins when fully executed by all parties and ends when work is completed and accepted by the City, unless amended by written agreement or terminated earlier under the termination provisions.

4. Notice to Proceed. The Contractor will receive a Purchase Order Number (for invoicing purposes) and a

Notice to Proceed after the City completes all document collection and has issued City approval of same (e.g., insurance submittals, Everett Business License, Payment and Performance Bond if applicable, and an executed contract. Contractor should do no work at any site until authorized in writing by the Notice to Proceed. If a purchase order is issued it is not an independent Notice to Proceed and s any order’s pre-printed terms and conditions that are on that form are not part of the Contract.

5. Work. Contractor agrees to furnish all personnel, tools, materials, equipment, and supplies required to complete all work under this Contract. The entire work set forth in the Contract Documents are collectively referred to as “Work” or the “Project.”

6. Contract Documents. The Contract incorporates by this reference this agreement, any change orders issued to this Contract, the Invitation to Bid with any addenda, the Bid. The requirements in one document must be furnished even if not mentioned in other documents. These parts complement each other in describing the complete Work. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. In the event of a conflict between the documents, the order of precedence is as given above, with the first listed having priority over the next.

7. Safety. The Contractor shall take all necessary precautions for the safety of employees on the worksite and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. The Contractor shall erect and properly always maintain, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards.

8. Diligence and Care: Contractor’s Work shall be performed with the degree of care and diligence ordinarily exercised under similar circumstances in the applicable disciplines and as expeditiously as is consistent with such standards of professional skill and care and the orderly progress of the Work. At the time of performance, Contractor shall be properly licensed, equipped, organized and financed to perform the Work.

9. Correction of Defects. If, during the Contractor shall, at no cost to the City, promptly and satisfactorily correct or modify the Work to comply with the requirements of this Contract or the requirements of any governmental authority, law, regulations or ordinances. The City shall have the right to withhold payment for such Work until it meets the requirements of the Contract.

10. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all property of others damaged by it, its employees, subcontractors, suppliers, and agents.

11. Equal Employment Opportunity. The Contractor shall not discriminate against any employee, applicant for employment, or other person on the basis of race, color, religion, sex, age, disability, marital state, national origin, or other circumstance prohibited by applicable federal, state, or local law or ordinance.

The Contractor shall comply with and shall not violate any applicable provisions of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, and all applicable federal, state, or local law or ordinance regarding non-discrimination.

12. RCW 35.22.650. Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit Bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation.

Contractor further agrees to consider the grant of subcontracts to said minority business entities on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the Bid. As used in this section, the term "minority business" means a business at least fifty-one percent of which is owned by minority group members. Minority group members include, but are not limited to, Blacks, Women, Native Americans, Asians, Eskimos, Aleuts, and Hispanics.

13. Wage Certification: Contractor certifies that within the five-year period immediately preceding the date of Service Provider’s signature, the Service Provider has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.

14. Independent Contractor. The Contractor shall at all times be an independent contractor and not an employee of the City with regard to performance of the Services authorized by this Contract. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City.

15. Compliance with Laws. The Contractor shall comply with all federal, state, and local laws and regulations applicable to the work to be done under this Contract. All laws, ordinances, regulations and resolutions that govern this work are incorporated by this reference.

16. Document Ownership. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request.

17. Records. All records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request.

18. Project manager: The City may designate one or more individuals or firms as its representative for administration of this contract and reserves the right to change the representative at any time and without advance notice to the Contractor. Such representative, which may be termed “Project Manager,” shall not have authority to assign additional Work or to reduce the Work performed by the Contractor under this contract unless in the form of a properly executed Amendment.

19. All personnel employed by the Contractor engaged in the Work shall be fully qualified and shall be authorized under applicable federal, state and local law to perform such Services. Contractor shall, if requested by the City, remove from the performance of Work any person the City deems incompetent.

Failure of the City to so object shall not relieve the Contractor of responsibility for such person or their Work. If any personnel are reassigned or replaced by the Contractor upon City’s request, Contractor shall replace them with personnel approved by the City. Such actions shall not affect or extend the completion days required of the Contractor by this Contract.

20. Warranty. The Contractor shall be responsible for correcting all defects in the Work discovered within one year after the date that the City issues the Certificate of Completion for the Work. If a longer warranty period is specified elsewhere in the Contract Documents, then that longer period applies.

When corrections of defects are made, the Contractor shall be responsible for correcting all defects in the corrected Work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of written notice of discovery thereof by the

City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished, and the cost of same shall be paid by the

Contractor. All warranties in the Contract Documents are cumulative; if warranties contained in the

Contract Document are different or conflict with each other, then the most stringent on the Contractor applies.

21. Change Orders. The City’s Project Manager reserves the right to change the Work at any time. This may be done only in writing, through field directives, or otherwise. Such changes shall not invalidate the

Contract nor release the surety, and the Contractor agrees to perform the Work as changed. The

Contractor shall not proceed with a change to the Work without a written directive from the City’s

Project Manager.

Changes to the Work may result in an increase or decrease in Contract Price or Contract Time. If the Contractor and the City agree on changes to Contract Price or Contract Time, the Contractor and the City shall execute an agreed change order. However, if the Contractor and the City do not agree, the City may, in its sole discretion, issue a unilateral change order changing the scope of Work and making any adjustments to the Contract Price and Contract Time in such amount and for such time as the City thinks appropriate. Any Contractor contract claim arising from such a unilateral change order must comply with contract claims provisions set forth in the Contract Documents. The Mayor will sign all change orders on behalf of the City.

As directed in writing by the City’s Project Manager, minor changes to the Work may proceed prior to execution of a change order. Substantial changes in the Work will often be negotiated and a change order executed before the City directs the Contractor to proceed with the change.

22. Contract Claims The Contractor shall provide written notice to the City of any contract claim against the

City relating to differing site conditions, protests, work orders, revision of work orders, damages, expenses, costs, extra work, or anything else arising out of this Contract. To the maximum extent allowed by law, a contract claim is forever waived if such notice is not delivered to the City by the earlier of (A) the date that is thirty (30) days after the discovery of the basis of such contract claim or (B) the date that is thirty (30) days after completion of the Work at issue in the contract claim.

TERMINATION OF CONTRACT

23. Termination for Default. The City may terminate the Contract upon written notice to Contractor and its surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations or is in violation of any provisions or covenants of the Contract. Termination shall be effective upon receipt of such notice by the Contractor.

a. After termination of the Contractor for default, the City may transfer performance of the Work to the Contractor's surety. The City may exclude the Contractor from the worksite and take possession of the Work and all of the Contractor's tools, appliances, owned or rented construction equipment, and machinery at the worksite and use the same to the full extent they could be used by the Contractor. The City may incorporate in the Work all materials and equipment stored at the worksite or for which the City has paid the Contractor, but which are not yet on the worksite. In such case, the Contractor will not be entitled to receive any further payment until the Work is finished. At the City’s sole option, Contractor shall assign and transfer any contractual rights to material and equipment to be installed, incorporated, or used in the performance of the Work. The City shall credit Contractor for the reasonable, fair market rental value of any and all Contractor-owned equipment for so long as retained and used by the City.

The City shall credit Contractor for all materials and supplies on the worksite or on order, but not yet paid for by City, provided that ownership is transferred and assigned to the City and the materials and supplies conform to the requirements of the Contract Documents.

b. If the unpaid balance of the Contract Price exceeds the direct and indirect cost of the completed Work, including construction management services, such excess shall be paid to the Contractor.

If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City.

Such costs incurred by the City will be verified by the City and incorporated into a change order, but in finishing the Work, the City may negotiate for materials, equipment, and services to complete the Work and will not be required to obtain the lowest figure for Work performed.

c. Where the Contractor services have been so terminated by the City, the termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue.

Any retention or payment of monies due to the Contractor by the City will not release the Contractor from liability.

d. If the City terminates this Contract for default, and it is thereafter determined that the Contractor had not so failed to perform its obligations or defaulted in any way, the termination shall then be deemed to have been made for the convenience of the City pursuant to subsection B. below, Termination for Convenience.

24. Termination for Convenience. Without prejudice to any other remedy, it may have under law or and/or the provisions of the Contract, the City may terminate this Contract for convenience, with or without cause, in whole or in part, at any time by giving written notice to the Contractor. Termination will be effective upon receipt of such notice by the Contractor. The Contractor shall immediately discontinue Work and take all reasonable steps with its suppliers and subcontractors to minimize cancellation charges and other costs.

e. After termination for convenience, payment to the Contractor shall only be for Work completed through the termination date.

f. To the extent not paid for by the Contract Price for completed Work, the City will pay as part of an adjustment of Contract Price those direct costs necessarily and actually incurred by the Contractor in reasonable anticipation of performing the Work that has been deleted or terminated.

g. No claim for damages of any kind for loss of anticipated profits or consequential damages will be allowed because of termination for convenience.

h. In no event will the total payment to the Contractor exceed the total Contract Price as modified by approved change orders less those amounts paid to the Contractor before the effective date of the termination.

INSURANCE

25. Contractor shall comply with the following conditions and procure and keep in force during the term of this Contract, at the Contractor’s own cost and expense, the following policies of insurance with companies authorized to do business in the State of Washington, which are rated at least “A-” or better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are acceptable to the City.

i. Workers’ Compensation Insurance as required by Washington law and Employer’s Liability Insurance with limits not less than $1,000,000 per occurrence.

j. Commercial General Liability Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the annual aggregate.

k. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile.

26. The above liability policies shall be primary as to the City and shall contain a provision that the policy shall not be canceled or materially changed without thirty (30) days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Contract.

27. Upon written request by the City, the insurer or their agent will furnish, prior to or during any Work being performed, a copy of any policy cited above, certified to be a true and complete copy of the original.

28. Prior to the Contractor performing any Work, Contractor shall provide the City (or the City’s designee) with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. The Contractor shall provide the City (or its designee) with either (1) a true copy of an endorsement naming the City of Everett, its officers, employees, agents, and volunteers as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services…