ContractAmendment 2 - Net Compliance - signedTim - signed.pdf

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STATEWIDE CONTRACT WA|06419|W79161
Contract number
06419
Issued by
Washington

About this file

This document is a Second Amendment to Contract No. 06419 for Encampment Cleanup Services between the State of Washington's Department of Enterprise Services and NCES, LLC, a Washington limited liability company. The amendment, effective April 24, 2024, modifies a contract originally executed on January 18, 2022, and previously amended once on March 11, 2024, to add mileage/travel reimbursement.

The contract covers encampment cleanup services across three regions in Washington State: Western, Central, and Eastern, with NCES, LLC providing Category 1 and 2 services in each region. Pricing is based on prevailing wage rates from the Department of Labor and Industries, with a 40% markup for various job classifications including general laborers, hazardous waste workers, and dump truck drivers. The maximum hourly rates vary by job type, with a project manager rate set at $95 per hour. The contractor, Totem Logistics, is a self-certified Small Business (mini-business) under RCW 39.26, and the contract includes provisions for wage rate variations across different counties within the regions.

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CONTRACT NO. 06419 - AMENDMENT NO. 2

(Rev. 2023-12-12)

State of Washington Contracts & Procurement Division Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411

CONTRACT AMENDMENT

Contract No.: 06419

NCES, LLC

2112 E. 26th St.

Vancouver, WA 98661

Amendment No.: 2

Effective Date: 4/24/2024

SECOND AMENDMENT

TO

CONTRACT NO. 06419

ENCAMPMENT CLEANUP SERVICES

This second Amendment (“Amendment”) to Contract No. 06419 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and NCES, LLC, a Washington limited liability company (“Contractor”) and is dated as of April 24, 2024.

R E C I T A L S

A. Enterprise Services and Contractor (collectively the “Parties”) entered into that certain Contract No. 06419 for Encampment Cleanup Services dated effective as of January 18, 2022 (“Contract”).

B. The Parties previously amended the Contract (1) one time.

a. Amendment 01, 3/11/24 added Mileage/Travel Reimbursement.

C. The amendment set forth herein is within the scope of the Contract.

D. The Parties now desire to amend the Contract as set forth herein.

A G R E E M E N T

NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract, as previously amended, as follows:

1.1. EXPANSION OF SERVICE COVERAGE AND CATEGORIZATION.

(a) The Contract is amended to add the Central Region with Category 1.

1. NO CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Contract is unaffected and remains in full force and effect.

2. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the

Contract or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties.

3. AUTHORITY. Each party to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such party.

4. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Amendment or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes.

5. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Amendment at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Amendment.

EXECUTED AND EFFECTIVE as of the day and date first above written.

NCES, LLC,

A WASHINGTON LIMITED LIABILITY COMPANY

By:

Name: Eric Maughan

Title: Vice President

Date: 04/24/24

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

Name: Tim Foitzik

Title: Procurement Supervisor

Date: 04/25/2024

Master Contract 06419: Encampment Cleanup Services Contractor: NCES, LLC

Regions served:

Western Region – Categories 1 and 2

Central Region – Category 1 and 2

Eastern Region – Categories 1 and 2

NCES, LLC

2112 E. 26th St.

Vancouver, WA 98661

Customer service contact:

Eric Maughan ericm@net-compliance.com 206-396-7190 mailto:scott.page@junk-king.com

Totem Logistics is a self-certified Small Business (mini-business) per RCW 39.26.

Contract Pricing: NCES, LLC

There will be differences county-to-county within a region in the Department of Labor and Industries’ prevailing wage rates for jobs relevant to Contract 06419. King County is used here for example purposes only.

Column 1: These prevailing wage rates are for example purposes and apply only to the job classes listed in the tables for certain counties in the region for the current L&I prevailing wage rate table. NOTE:

Prevailing wage tables are updated twice-yearly by Labor and Industries. Please check the Labor and Industries website at https://secure.lni.wa.gov/wagelookup for current wage rates.

Column 2: The contractual maximum markup percentage Contractor will apply to the then-current base prevailing wage as reflected in the official Labor and Industries wage rate tables.

Column 3: An example of the Contractor’s maximum hourly wage rate based on the contractual mark-up percentage; this rate will vary depending on the county in which contract services are performed.

CENTRAL REGION

Category 1 1 2 3

Job Current

PW*

Markup

Max hourly

Project manager NA NA $95

General laborer $44.12 40% $61.77

Haz. waste worker C 44.12 40 61.77

Driver, dump truck/trailer 51.00 40 71.40

*Based on King County https://secure.lni.wa.gov/wagelookup

ContractAmendment 2 - Net Compliance Final Audit Report 2024-04-23

"ContractAmendment 2 - Net Compliance" History Document created by Luke Kulina (Luke.Kulina@des.wa.gov)

2024-04-23 - 10:21:15 PM GMT

Document emailed to Eric Maughan (ericm@net-compliance.com) for signature

2024-04-23 - 10:21:20 PM GMT

Email viewed by Eric Maughan (ericm@net-compliance.com)

2024-04-23 - 10:31:40 PM GMT

Document e-signed by Eric Maughan (ericm@net-compliance.com)

Signature Date: 2024-04-23 - 10:32:51 PM GMT - Time Source: server

Agreement completed.

2024-04-23 - 10:32:51 PM GMT

Created: 2024-04-23

Status:

Transaction ID:

Luke Kulina (Luke.Kulina@des.wa.gov)

Signed

CBJCHBCAABAAlApqioqLmuwMRSkBONVPKN2K-wRdCzzw mailto:(Luke.Kulina@des.wa.gov mailto:(ericm@net-compliance.com mailto:(ericm@net-compliance.com mailto:(ericm@net-compliance.com mailto:(Luke.Kulina@des.wa.gov

ContractAmendment 2 - Net Compliance -signedTim Final Audit Report 2024-04-25

Created: 2024-04-25

By: Luke Kulina (Luke.Kulina@des.wa.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAHZW5h0kHhiBpvujQ35KzBcEuaHfWYfr2

"ContractAmendment 2 - Net Compliance - signedTim" History Document created by Luke Kulina (Luke.Kulina@des.wa.gov)

2024-04-25 - 5:25:06 PM GMT

Document emailed to Tim Foitzik (Tim.Foitzik@des.wa.gov) for signature

2024-04-25 - 5:25:10 PM GMT

Email viewed by Tim Foitzik (Tim.Foitzik@des.wa.gov)

2024-04-25 - 5:54:39 PM GMT

Document e-signed by Tim Foitzik (Tim.Foitzik@des.wa.gov) Signature Date: 2024-04-25 - 5:54:49 PM GMT - Time Source: server

Agreement completed.

2024-04-25 - 5:54:49 PM GMT

Second Amendment
Contract No. 06419 Encampment Cleanup Services
R E C I T A L S
A G R E E M E N T
Customer service contact:
Central Region
2024-04-25T10:54:50-0700
Agreement certified by Adobe Acrobat Sign

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