Small Works Roster Application

In accordance with RCW 39.04.155 and 28A.335.190, the undersigned requests to be added to the NSD Small Works Roster and requests the opportunity to submit quotes for the type of work and size of projects shown below.

CONTRACT REQUIREMENTS: Contractors employed by NSD shall comply with all federal, state and local laws, ordinances, codes and regulations which in any manner might affect those engaged or employed in the contracted work, the materials, equipment or procedures used in the work, or which in any other way would affect the conduct of the work. State laws with which contractors shall comply include, but are not limited to:

RCW 18.27 Registration of Contractors RCW 39.12 Prevailing Wages on Public Works RCW 39.26.160 Bid Award, Requirements RCW 39.08 Contractor’s Bond RCW 60.28 Retainage, Liens

If awarded a small works job, contractor shall provide a Certificate of Insurance and Performance/Payment Bond if the project exceeds $150,000. Retainage will be held according to the RCW.

NSD is an equal opportunity employer. Compliance with applicable Federal and State non-discrimination laws is a condition precedent to the addition to the Small Work Roster and the violation of said laws may result in Contractor’s removal from the Small Works Roster.

By signing this application:

• I acknowledge that I have read and understand the requirements described in this application and to the best of my knowledge, the information provided is accurate.
• I have read the attached General Requirements and Conditions and shall comply with them when completing public works projects for NSD
• I will not perform any work for NSD without first receiving a NSD-issued purchase order.
• I certify under penalty of perjury that I am a responsible bidder per RCW 39.04.350.
• I certify under penalty of perjury that within the three-year period immediately preceding the date of this application, this contractor has not 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 39.26, 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.

Further, I understand that NSD is under no obligation to award work based on this application and that NSD has the right to remove this application from the Small Works Roster at any time.

Applications expire one year from date signed.

For questions/concerns/comments please contact:

Erin Person

purchasing@nsd.org

425-408-7653

1. All work shall be completed in accordance with applicable laws, ordinances, codes, and regulations. Unless otherwise specified, Contractor shall be responsible for obtaining all permits and approvals from agencies with jurisdiction.

2. Contractor shall comply with the requirements of RCW Ch. 39.12 regarding the payment of prevailing wages. For projects in excess of $5,000, this includes the requirements to deliver a Statement of Intent to Pay Prevailing Wages and post notice of such intent once approved and file an Affidavit of Wages Paid after completion of the work. Intents and Affidavits filed shall include the purchase order number as the contract number. Prevailing wage rates can be found on Labor & Industries website:

https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

3. All work under this Agreement shall be subject to the requirements of RCW 60.28.011 regarding the retention of a percentage of the amount to be paid Contractor or the provision of other security, pending the completion of the work and the release of any and all liens by subcontractors and suppliers. 

4. If the cost to be paid for the work by District exceeds $150,000, Contractor shall, pursuant to RCW 39.08.010, post a performance/payment bond.

5. If the cost to be paid for the work by District is between $5,000.01 and $150,000, Contractor shall, pursuant to RCW 39.08.010, either post a performance/payment bond or the District will retain 10% of the contract amount for a period of 45 days from date of acceptance or until necessary releases and settlement from liens, if any, whichever is later. Acceptance is defined as the date that the District budget authority issues a written statement indicating that all work was successfully completed.

6. Contractor shall maintain the following insurance issued by insurance companies admitted in the State of Washington and acceptable to the District, with a Best Rating of no less than “B+VII,” providing no less than the following coverage and limits. Such insurance shall protect against claims arising from any act or omission of the Contractor or the Subcontractors or by anyone employed directly or indirectly by either of them. A certificate of insurance evidencing the following coverages shall be forwarded to Northshore School District (Attn: Christine Cash, ccash@nsd.org) prior to the commencement of work. The certificate must name Northshore School District, 3330 Monte Villa Parkway, Bothell, WA 98021 as a certificate holder. Such certificate shall state that the coverage cannot be cancelled or materially changed without 30 days prior notice to the District:

a. Commercial General Liability with a limit of $1,000,000 bodily injury, personal injury and property damage combined per occurrence, with $2,000,000 aggregate is required. Such insurance shall include contractual, broad form property damage, and fire and water damage legal liability.

b. Endorsements, naming the Northshore School District and its officials, employees, agents, and agencies having jurisdiction as additional insured, are required.

c. Automobile Liability covering all autos with a limit of $1,000,000 bodily injury and property damage combined per accident.

d. Evidence of Worker’s Compensation.

e. If the scope of work includes exposure to hazardous materials, Pollution Liability with a minimum limit of $1,000,000 per occurrence providing coverage for claims involving remediation, disposal, or other handling of pollutants arising out of Contractor's operations for others; Contractor’s site (owned); arising from the transportation of hazardous materials; or involving remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos is required.

The Contractor is responsible for any damage, which it may cause. The Contractor may choose to purchase builder’s risk or other applicable insurance to cover this risk.

7. Contractor shall protect all school occupants and property from injury or damage caused by the work, and, to the extent possible, Contractor shall minimize any disruption of normal functions and activities of the school during the work.

8. Contractor shall clean up and remove all refuse and unused materials from areas open to school use at the end of each workday, and from all areas prior to final completion of the work. Contractor shall repair, at Contractor's expense, any damage caused by Contractor while working pursuant to this contract.

9. All activities performed by Contractor are performed at its own risk. Contractor shall hold the District and authorities having jurisdiction harmless and defend the District against all claims, liens, suits, expenses, or other liability for injury or death to any person or damage to or destruction of any property arising from Contractor's performance of the work, provided this provision shall not apply to any injury, death, damage or destruction caused by the sole negligence of the District.

10. Contractor shall guarantee all work to be new and free from faults and defects in materials and workmanship for a period of one year after the date of District's acceptance of the work, or for any longer period of time required by law.

11. Contractor shall comply fully with all ADA/504 requirements.

12. Prior to submitting the proposal, the Contractor and each Subcontractor shall have evaluated and satisfied themselves as to the conditions and limitations under which the work is to be performed.

13. Adjustments to contract sum will be limited to 15% overhead and profit for Contractor and 15% overhead and profit for Subcontractor with a maximum 30% overhead and profit combined for all tiers.

14. The District shall have the right to terminate the Agreement for default if the Contractor:

a. Refuses or fails to supply sufficient properly skilled workers or materials of the proper quality, or

b. Fails to prosecute the work continuously to completion with promptness and diligence, or

c. Fails to perform any of Contractor’s obligations under the Agreement.

15. The District reserves the right to request, prior to release of final payment, that Contractor must submit proof of payment for themselves, and all Subcontractors under their direct control, of all L&I premiums affected by this project to the Business Office. This includes sufficient detail to reconcile the corresponding premium liability generated as a result of this project to the payment.

16. District shall not pre-pay for any equipment or services.

17. The Contractor is an independent contractor with respect to the performance of all Work hereunder, retaining control over the detail of its own operations and the Contractor shall not be considered the agent, partner, fiduciary or trustee of District. The Contractor shall not conduct itself as nor claim to be an officer or employee of District. The Contractor will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of District, including, but not limited to, workers compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. No employee of the Contractor or any Subcontractor is or shall be deemed to be an officer or employee of District. Subcontractors to the Contractor will not be recognized as having a direct relationship with District, nor are Subcontractors intended or incidental third-party beneficiaries to this Contract.

18. The Contractor is responsible for evaluating each of its Subcontractors under this Contract and shall award subcontracts only to Subcontractors who meet the Responsibility criteria of RCW 39.06.350. All Subcontractors shall be properly licensed, registered, or certified, as applicable, to perform the assigned Work. If requested by District, the Contractor shall provide documentation regarding the Contractor's evaluation of any Subcontractor's responsibility and that the Subcontractor is properly licensed, registered, or certified, as applicable. The Contractor shall be fully responsible and liable for the acts or omissions of all Subcontractors and Suppliers including persons directly or indirectly employed by them, their guests, and invitees. The Contractor shall have sole responsibility for managing and coordinating the operations of its Subcontractors and Suppliers, including the settlement of disputes with or between them. If a Subcontractor's work fails to meet Contract requirements or demonstrates careless or unacceptable workmanship and the Subcontractor fails to respond to notice of such defective work or to improve workmanship, the District Project Manager may direct the Contractor to replace the Subcontractor, in which event the Subcontractor shall not again be employed on the Work under the Contract.

19. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, regulations, and orders of any public authority building and construction codes, and safety regulations bearing on the safety of people and property and their protection from damage, injury, or loss. In the case of conflict, the more stringent requirement shall apply. Any review of the Contractor's performance conducted by District or its consultants, does not and shall not be intended to include review of the adequacy of the Contractor's safety measures in, on, or near the Site.

 20. No act or failure to act on the part of District with respect to the exercise or enforcement of any provision of this Contract shall be deemed to be a waiver on the part of District of any provision of this Contract. No waiver of one provision by District shall act as a waiver of any other provision or as a subsequent waiver of the same provision. No waiver shall be effective against District except an express waiver in writing.

21. If a provision of this Contract is found by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected, and the parties shall negotiate an equitable adjustment of this Contract so that the purposes of this Contract are affected.

22. Taxes:

Retail Sales Taxes - District is NOT exempt from retail sales tax.
Federal Excise Taxes - District is exempt from Federal Excise Taxes and an exemption certification will be furnished upon request.
Other Taxes - The Contract Price includes all other taxes applicable to the Contractor’s completion of the Work, including without limitation, B&O taxes applicable to all tiers performing the Work.
No increase will be made to the amount to be paid by District under this Contract because of any misunderstanding by or lack of knowledge of the Contractor as to liability for, or the amount of, any taxes for which the Contractor is liable or responsible by law or under this Contract.
23. This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. The Superior Court of King County, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement.

24. Send all necessary paperwork to:

NORTHSHORE SCHOOL DISTRICT #417

Attn: Joy Kuhlmann, Contracts and Procurement Manager

3330 Monte Villa Parkway

Bothell, WA 98021-8972 jkuhlmann@nsd.org

If the Small Works Roster application is being completed online via the web form, you do not need to send hard copies to the address above.

I have read the above General Requirements and Conditions.