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HomeMy WebLinkAboutSound Hardwood Solutions, LLC - Quote# 22502S Floor refurbishing - Washington Fruit Community CenterAGREEMENT CITY OF YAKIMA QUOTE #22502S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Sound Hardwood Solutions, LLC., ("Contractor). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as Services") a girding to the procedure outlined in the specifications of Quote #225028 titled Floor Refurbishing - Washington Fruit Commission and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by February 21, 2024. Final work schedule shall be coordinated with Project Coordinator Kim Lopez, Recreation Program Supervisor, (509) 576-6482. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf, of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights Ali records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand, All information concerning the City and said project which is not otherwise a matter of public record or required by lave to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performa of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary 225025 Agreement Page 1 of 8 of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 8. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 9. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. Contractor must provide proof of a valid Washington Department of Revenue state excise tax registration number, as required in Title 85 RCW. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 82 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 22502S Agreement Page 2 of 8 10. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: httpsIllnlwagoWlicensing-permitsipublir-works-projectsiprevailina-wage-rates. Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, December 9, 2024. 11. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230 (7)(a) Personal Info ef'on Exemption Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127 320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC 296.127.014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296-127-022, and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW 39..12.010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12.950. 12. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). 225025 Agreement Page 3 of 8 This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 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 bidders 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. Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 13. Pay Transparency Nondiscrimination Provision The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. 225025 Agreement Page 4 of 8 e. The terms of this section shall survive any expiration or termination of this Contract. 15. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. If Contractor carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and the City shall be named as an additional insured for such higher limits. Contractor shall provide and maintain in force insurance in limits no Tess than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Four Million Dollars ($4,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written 22502S Agreement Page 5 of 8 notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote #22502S, Scope of Work, conditions, addenda, and modifications and Contractors proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non -procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; 22502S Agreement Page 6 of 8 I. Contractor performance threatens the health or safety of a City, County or municipal employee. Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Altematively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual obligations. 20. Removal of Subcontractor If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 21. Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 23. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event of any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 24. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 26. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 22502S Agreement Page 7 of 8 27. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or in any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City of Yakima Purchasing Christina Payer, Buyer II 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: Sound Hardwood Solutions, LLC. Don Stenbak, Owner 13013 290th Ave., SE Monroe, WA 98272 28. Survival The foregoing sections of this Contract, 1-28 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. SOUND HARDWOOD SOLUTIONS, LLC. y Date: Attest: CITY CONTRACT NO: RESOLUTION N:: List of Exhibits attached to this contract Exhibit A — Specifications Exhibit B — Contractors Quote Proposal 22502S Agreement Page8of8 EXHIBIT A - SPECIFICATIONS (EXCLUDING ATTACHMENT A - SAMPLE AGREEMENT) CITY OF YAKIMA SMALL PUBLIC WORKS INVITATION TO QUOTE #22502S FOR NON -FEDERALLY FUNDED WORK $10,000-$35,000 PROJECT NAME: Floor Refurbishing LOCATION: Washington Fruit Community Center bOZNFourth Street, Yakima VVA |SSUED/QE: December9,2024 DUE DATE/rK8E:December ZL2OZ42:0O:0UPN1PST CITY PROJECT COORDINATOR NAME/NuM8FR: Kim Lopez, Recreation Program Supervisor 509-576'6482'kim.\npez0mvammawa.nov RETURN QUOTES TO: Christina Payer —6D9'S76'6696 [hristina.vave,Pvak{mavva-wov R,Ile Small Works Roster Project Contractor must be signed up with WWW.MR$CROSTERS.ORG in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is aw,mvaOhngmwaRepro0ect. � Intent to pay prevailing wages, and affidavit of prevailing wages paid must be filed by both the general contractor and any subcontractors working on the project, at contractor's expense, and posted as approved by Labor and Industries (L&I) prior to ` payment. See attached contract for further details. Certificate uf|nsur nce—/mtachmentB � Please contact your insurance company an �dhaxethemsendusaceifisteofinsurancenamingthe"OtyofYaWma,ksAgents, Employees and Elected orAppointed Officials as Additiona||nsured"pertheattachedsomp|e,vviththessme|imhsofcoveroge. The certificate needs to be addressed as shown and include an attached additional insured endorsement, or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit certificates of � insurance with additional insured endorsement. See Attachment A — Sample Agreement for further details. ' Site Visit Anundtemeeting will convene onThursday, Decembar19, 2024 z:00PM, atthe Washington Fruit Community Center, located at6O2 N 4mStreet, Yakima, WA, 98901. The site meeting is not mandatory; however, interested parties are strongly urged to � attend. Questions All questions shall be submitted to the Buyer, at Christina P ver@vakirnawa,gov, three (3) days before the Quote due clate. Coordination ofWork Contractor will coordinate their work with the City of Yakima project coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. The city is looking tmcoordinate the award / process to have the project to be completed February 17 — 21, 2024. Work Hours and Schedule Work to be completed M-F, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Scope ofWork . Refurbish the wooden parquet floor in the multipurpose room at the Washington Fruit Community Center. ° Sand and prepare the current surface to industry standards. 3,096 square feet of surface to be refurbished. ' ° nxc,nck�unddeons�ionsasneedud �------- —'��� Repair and replace damaged parquet sections — there are very,fewsecnonsthotneedtubemmpaired. Successful bidder to provide replacement parquet floor materials. Clean all sanding dusk and other materials. Ensure that dust remains in the area of work to be performed only. +► Recoat the floor with 2 coats of oil -based finish. + Seal floor with a commercial grade water -based finish specified to withstand heavy foot traffic. An onsite Prebid meeting is not mandatory; however, interested parties are strongly urged to attend. • All work to be done in accordance with floor refurbishing professional commercial standards. • Alternative products may be identified as an alternate bid item. Alternate Bid #1— remove and replace 4" rubber baseboard Alternate Bid #2 - Remove tile (dimension X dimension) ceramic tile floor adjacent to the fireplace City of Yakima Small Works — Invitation to Quote 22502S Page 2 of 15 All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed accordingly to manufacture's recommendation., using specified materials and brands or approved and acceptable equal. Recommended Process/Materials (by Contractor): *Bidder may quote alternate process for City consideration: Yes ✓ or No D (check one) CONTRACTOR TO FILL OUT THIS SECTION Number of Days to Complete Work: Comments: Quote is Firm for: Days (Minimum of 30 Days) Guarantee: (Minimum of one (1) year on work) Warranty: (Minimum One (1) years on materials) Delivery Terms: All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): To include all permit crud Pula Wark filing fees Tax 8:3% TOTAL: City of Yakima Small Works — Invitation to Quote 22502S Page 3 of 15 In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with a ny other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative (Type or Print) Title Signature of Above Email Address WMBE/DBE Vendor Certification Number (if applicable) Phone Number ❑ I hereby acknowledge receiving Addendum (a) , (Use as many spaces as addenda received.) City of Yakima Small Works— Invitation to Quote 22502S Page4of15 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #225025 I. GENERAL/SPECIAL INSTRUCTIONS A. Additional Work Any additional work found necessarythat is not specified in the Scope of ork shall be listed on a separate sheet entitled "Additional Materials/Labor Required". B. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Bidder is; responsible for verification of, square footage and units c of measure, which are to be provided with Quote submittal., C. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. D. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid, the City of Yakima will comply according to the Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such information may not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. . Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. Business License, Permits and Fees All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing Service covering this type of work. Contractor shall also obtain and provide proof of a current City of Yakima business license endorsement or license, as necessary. It will be the Contractor's responsibility to procure any licenses or permits required to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: hops.//vww.vakirnawa,ov/services/codes/ for information. Contractor is responsible for filling all Public Work paperwork and any charges or fees associated with the filings. All filing fees and charges shall be included in the project's lump sum. G. Background Checks - Special Conditions for Yakima Police Department (YPD) Facilities All Contractors, employees, and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process in order to work in YPD facilities. This process must be completed no less than five (5) days prior to start of work. Contractors must also complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information Services (GIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees working on site must watch a 10-15-minute video. The YPD Police Services Manager will coordinate with City of Yakima Small Works — Invitation to Quote 22502S Page 5 of 15 Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check, they must be replaced and will not be allowed on site. There may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case -by -case basis. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards areto be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements. The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the City of Yakima Small Works — Invitation to Quote 22502S Page 6 of 15 agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is #811. O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. Q. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. R. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description, quantity, unit price, total price, location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. S. Retainage (Must be withheld at 10% in order to waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. City of Yakima Small Works — Invitation to Quote 225025 Page 7 of 15 Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City of Yakima's acceptance of completed work and verification of Prevailing Wage filings with Labor and Industries. City of Yakima Small Works — Invitation to Quote 225025 Page 8 of 15 BIDDER RESPONSIBILITY CRITERIA FORM (To be submitted with Quote Form) It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor #: Effective Date: Expiration Date:. 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? (Yes/No) 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? (Yes/No) 6 For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt ❑ Is Contractor in compliance? (Yes/No) 8. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Yakima Small Works — Invitation to Quote 225025 Page 9 of 15 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first -tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person authorized to certify information included in Bidder Responsibility Criteria Form: Signature Printed Name, Title Date City of Yakima Small Works —Invitation to Quote 225025 Page 10 of 15 Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( ) that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49A48, or 49.52 RCW, as 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct,. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed:: If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. City of Yakima Small Works — Invitation to Quote 225025 Page 11 of 15 ATTACHMENT A - SAMPLE AGREEMENT (OMITTED) City of Yakima Small Works — Invitation to Quote 22502S Page 12 of 15 ATTACHMENT B — SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT ACCoRlOr THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an M DmONAL iNSURED the pollhave AD If SUBROGATION IS WAIVED, subject to the terms and conditions of the polity, certain policies may require an enttittsttmCflt. A statement on this cart tfttali does not aonfe rights to the t 1llilt ats holder In lieu of such eftdorsemint(s)• PRODUCER INSUftACE AGENT IFORfuiATl CERTIFICATE OF LIABILITY INSURANCE INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address COVERA THIS IS TO CF rif lfICICATEC NOI{ CERTIFICATE MAY E7 CWSIONS AND 'THATTH THSTANDi DATE (MMIDDIYYYY) URRENT DATE or be endorsed., , ERTIIrICATE NUMBER: REVV$ION NVMf3ER: f REOUIREktENTN R C .ANECOONTRAACTPAII OT DUD M iS sE �CT AU. WHICH TERMS, Oft CBtOITit3N N Y AY PERTAIN, THE INS OED SY THE POLICIES tH SCRi8E ONS OF SUCH POL/CtES. LIMITS S� MAY VE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I X /� OCCUR LIMIT APPLIES PER: JEC7PRO- „ I LOC AUTOMOBILE LIABILITY , ANY AUTO OWNED AUIRETODS ONLY E__._....: AUTOS ONLY UMBRELLA LIAB EXCESS LIAB OCCUR 1A POLICY NUMBER POLICY NUMBER START DATE STOP DATE START STOP DATE DATE 5,000 1ti0.0 4,t300 4.1,0 $?«000,0 BODILY INJURY (Per person) I $ BODILY INJURY (Per evident) $ rEhassmaral POLICY NUMBER START DATE STOP GAP/ EL ONLY STOP DATE I STA E.L,EACHACCJ42NT 3 S 1, E1 DISEASE . EAEMPI.OYEE` i 1 CSSEISE - POLICY U IT ! S 1 X1 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached U more space Is required) The City of Yakima, its agents, employees« authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured with a Waiver of Subrogation. See attached Additional Insured Endorsement. CERT1FtCATE HOLt'i R CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE. WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Yakima Purchasing Department 129 N. 2nd St. Yakima. WA 98901 AUTHORIZED REPRESENTATIVE SIGNATURE ID 1988-2015 ACORD CO ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD lN. All rights reserved. City of Yakima Small Works — Invitation to Quote 225025 Page 13 of 15 POLICY NUMBER: COMMERCIAL GENERAL UABIUTY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contatutory additional insured, Informabon required to complete this Schett441foot sho A. Section II — Who Is An Insured is emended to include as an additional inured the ;410001(s) or organization(s) shown in the Schedule. but only with respect to liability for "bodityrtnjusy!, "property damage or "personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. e. will be stiown in the Declarations. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to 'bodily injury" or "property damage occurring after 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your workout of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project City of Yakima Small Works — Invitation to Quote 22502S Page 14 of 15 POLICY NUMBER CGD3D0084907 COMMERCIAL GENERAL LIABILITY CG 24 041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF ` IG TS OF " COVERY AGAINST OTHERS TO US (WAIV R OF SU ROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR OR LIABILITY COVERAGE PART POLLUTION ON LIABILITY COVERAGE OE PART DESIGNATED SITES POLLUTION LIABILITY I MITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETEDPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Where required by written contract or agreement executed prior to Toss (except where not permitted by law). aton reou plet stile. if not The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Lis of Section IV — Conditions: We waive any right of recovery against the persons) or organi booms) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived as right of recovery against' such person(s) or organietion(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. ve,wiil` tae shown in the City of Yakima Small Works - Invitation to Quote 225025 Page 15 of 15 129 North 2nd Street Yakima, Washington 98901 (509) 575-6093 December 9, 2024 Dear Sir or Madam: Subject: Quote 22502S— Floor Refurbishing Addendum No. 1— Coordination of Work, Question CHANGE: Coordination of Work was listed as: Contractor will coordinate their work with the City of Yakima project coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. The city is looking to coordinate the award process to have the project to be completed February 17 — 21, 2024. Should be: February 17-21, 2025 QUESTION: Do you know what the dimensions of the wood parquet fillets are? Is the wood parquet installed over a wood subfloor or direct glued to concrete? Do you know what grade the wood parquet is? Are you looking for a complete resurface or just a couple maintenance coats? What time of year are you looking to have this work complete? Answer: My understanding is that the parquet tiles are glued to concrete. There is no sub -floor, crawl space or basement. The entire surface needs to be sanded and resealed. We need the work done the week of February 17th. We have an after -school program and the kids will be on winter break that week. The number of people in the building will be greatly reduced during this time. We do not know the grade of flooring. It is older and the building was built in the early 70's. It may be original flooring. Please acknowledge receipt of this addendum on the page four (4), of the Quote Form. If you have any questions please contact me at (509) 576-6696. Sincerely, Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: File M (509) 575-6093 D (509) 576-6696 F (509) 576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing December 10, 2024 Dear Sir or Madam: Subject: Quote 22502E - Floor Refurbishing Addendum No. 2 — Certificate of Insurance CHANGE: Certificate of Insurance Language —Listed as: Please contact your insurance company and have them send us a certificate of insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The certificate needs to be addressed as shown and include an attached additional insured endorsement, or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit certificates of insurance with additional insured endorsement. See Attachment A — Sample Agreement for further details. Should be: The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds. Please acknowledge receipt of this addendum on the page four (4), of the Quote Form. If you have any questions please contact me at (509) 576-6696. Sincerely, Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: File M (509) 575-6093 D (509) 576-6696 F (509) 576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing EXHIBIT B - CONTRACTOR'S QUOTE PROPOSAL All work is to be done in accordance with the Manufacturer's Instructions, industry Standards, and Specifications as presented by the City of Yakima. Work shall be performed accordingly to manufacture's recommendation., using specified materials and brands or approved and acceptable equal. - Recommended Process/Materials (by Contractor): *Bidder may quote alternate process for City consideration: Yes 1 or No ❑ (check one) CONTRACTOR TO FIII OUT THIS SECTION Number of Days to Complete Work: ✓ Comments: Quote is Firm for: le, °Days (Minimum of 30 Days) 1 Guarantee: ( (Minimum of one (1) year on work) Warranty: y T" (Minimum One (1) years on materials) Delivery Terms: All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): To include all pear it crud Public Work filing fees $ (4 i 6E20 Tax8.3%: ; $ 1CZA(•$0 TOTAL:. s t e7 e i1- ti3c' City of Yakima Small Works — Invitation to Quote 22502S Page 3 of 23 Certification of Compliance with Wage Payment Statutes ~ (To beamboitt�xsubmitted with The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( 11—'UP~Z-'� )'that the bidder is not a'"wi||fu|^violator, as defined in RCvVo9.4O.0D2'ofany provision of chapters 49.46'49.48' n,4g.52 RCVV, as determined by final and binding citation and notice or assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court uflimited orgeneral jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signaturefof Authorized Official* .,J%k7 state Check One: CorporatiState of Incorporation, or if not a corporation, State where business entity was formed: on Individual O Partnership,*,Joint Venture u u ae if a co -partnership, give firm name under which business is transacted: mustexecuted by a partner. be ^Ifucorporation, proposal must be executed in the corporate name by the president mvice-president (or any other corporate officer accompanied byevidence oyauthority uoskgn)0'oco-partnemhip,proposal Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first -tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); 3. If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person printed Name, Title Date hrized'to certify information included in Bidder Responsibility Criteria Form: City of Yakima Small Works Invitation to Quote 22502S Page 10 of 23 BIDDER RESPONSIBILITY CRITERIA FORM (To be submitted with Quote Form) It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor #:'+ Effective Date: (-1— 1� Expiration Date: - 2-677—E. 2. Have a current Washington Unified Business Identifier (UBI) number; UBI#: (Z) "3 —4171 3 If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? _ ( !'No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; # 000 b -co •- S c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # S2tot11-I t 4 Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? (Yes/KT➢ 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? (Yes/ 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? _ ' /No) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt lit Is Contractor in compliance? Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Yakima Small Works — Invitation to Quote 225025 Page 9 of 23 In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this invitation to Quote and all terms of our Quote. Company Name Company Address ` Name of Authorized Company Representative (Type or Print) Signature of Abov Title Email Address Ei©E Vendor Certification Number (if applicable) Phone Number I hereby acknowledge receiving Addendum (a) 1 , (Use as many spaces as addenda received.) City of Yakima Small Works — Invitation to Quote 22502S 1'{7-f 30I , Zo % 1'Lim.r.e it pkS.c.O*h Page 4 of 23 Sound ardwood Solutions, LLC City of Yakima; Washington Fruit Community Center Quote #22502S Item Description: ESTIMATE Square feet Cost Banquet Hall: Sand existing hardwood floor, per NWFA standards and finish r Main Floor 3,132 manufacturer's directions. Remove and replace broken/damaged flooring — Alcoves 200 approximately 30 parquet fingers. Bona SuperSport Oil/Water based finishing system. $14,100.00 Alternate Bid #1: Removal and disposal existing wall base. Replace with new $500.00 4" cove base, color to be determined. Start Date: February 17, 2024 WA State L&I Intent to be filed prior to start of work. Subtotal _ $14,600.00 Location Code: 3913 WA Tax Rate: .083 TOTAL $1,211.80 $15,811.80 Sound Hardwood Solutions, LLC proposes to provide all labor and materials as needed for the completion of proposed work. The contract price quoted relates solely to the work described in the item description. For all extra work which may be requested by the customer, the parties shall install a written change order describing the added work to be performed and the agreed price, prior to the performance of such extra work. The contract price shall be paid in full upon completion of work. Sound Hardwood Solutions is licensed, bonded and insured to conduct business in the state of Washington. CCSOUNDHS863LZ Signatures: Don Stenbak 12.20.2024 Client's Name Date