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HomeMy WebLinkAboutM Sevigny Construction, INC - Paint Transit Transfer Center Buildings Exterior Quote #22519SCITY OF YAKIMA AGREEMENT PAINT TRANSIT TRANSER CENTER BUILDINGS EXTERIOR QUOTE #22519S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and M. SEVIGNY CONSTRUCTION, INC., ("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 fumish all tools, materials, labor and equipment (collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22519S titled Paint Transit Transfer Center Buildings Exterior 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 to be completed by May 31, 2025. Final work schedule shall be coordinated with Project Coordinator Greg Story, Transit Assistant Manager, 509-576-6422 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 agrees to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All 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 law 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. Accounting Records The contractor agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Contractor agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly idenfified, readily accessible, and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining tothe Project. 7' Inspection and Production nfRecords a The records m|ahngtnthe 8omiceoShoUU .o��Umoo.beou�ooth]innpccU0nbvandwiihUheapp0vG| � ufthe City, but the making nf/ortoi|umordelay inmaking) such inspe�|0norapproval shaUnot [eUove Contractor of nmponeibi|ih/ 'fbr performance of the Services in accordance with this Contract, Oo�8hS{�nd!ng1he�i1�-'sknowledge ofdefective 0rnon-complying p8db bnn@n��.s substantiality octhe ease -fits discovery, Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies 0fthe requested documents to the City. Contractor's records relating to the Services will be provided hnthe City upon the Qtv'orequest. b. Contractor shall promptly furnish the Citywith such information and records which am related to the Oomic000fthis Cont'��aomay berequested bythe City. Until the expiration ofsix (8)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 of State's record retention schedule, Contractor shall retain and provide the City unceuu 0o (and the City shall have the right to oxamina, audit and copy) all of ^ (a nd Contractor's books, douumentm, papers and reoon1uwhich are bmthe Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the expiration of the six (0) year period, the moundo shall be retained until all litigation, daimx, oraudit findings involving the records have been resolved. n. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating tothe Services are CitvnfYaNmorecords. They must bopmdunodtothird pe�ieo, Washington All records relating to Contractor's mem|000 under this CoMtno«L must be retained by Contractor for the minimum period of time required pursuant to the Washington Oeombmry ofShahe'n records retention schedule. d. The terms ofthis section shall survive any expirationcvtermination ofthis Contract. 8. Work Made for Hire AJ|work the Contractor performs under this Contract shall boconsidered work made for hire and shall hethe property nfthe Ckv The Cib/nh�|own any and aUdm�.ducum8�pl ans, d�ghbo,Gp�huadpapers, other na'ha|othe ^Contractor produces iOconnection with this Contract. OOcompletion V[termination nfthe Contract, the Contractor shall deliver these materials huthe City. 9. Guarantee Contractor warrants the Services will bofree from defects inmaterial and workmanship hxapahodofnnayear following the date of completion and acceptance of the Services. 10. with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all'--- applicable laws, ru|es, and regulations adopted urpmmu|"-ouhy� h- y any governmental agency orregulatory body, whether federal, state, local, orotherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals cfany federal, oh3ho' and local government or government 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 ofaCitvBusiness License. Cnntna�ormust maintain oQtvofYakima Business License and pay allchergna'^ eo, and taxes associated with said license. Contractor must provide proof ofa valid Washington Department ufRevenue state excise tax registration nu0bur, as required in Title 05 RCW. b Contractor must omv�ep��ofav�dW�hm� onState �n�c�r number. c. Conbn�ormm�'provide proof cfavalid Washington department of Revenue state excise tax registration number, anrequired inTitle 82RCVV. d. Contractor must provide proof of8 valid Washington Unified Business |deVhhtmUon (UB|) number. Contractor must have a current UB| number and not be disqualified from bidding on any public works contract under RCVV39.00.O1Uur38.12.O05(3). a. Contractor must provide proof of valid Washington Employment Security Department number as required bvTitle 5ORCVV. t Fmneion(Non'VVashinqb)n6CpR)okabon� Although the Qb/does not require fon�gOcorporate proposers to qualify in the 1b/. Co'|tvor8boto prior to submitting is � pk)pn�oi. i� specifically understood and agreed atany such oo�m' inn will promptly take all necessary measures hobecome authorized *a conduct business inthe Cih/ofYakima gt their ovvnexpense, without �gerdk)whether such corporation is actually awarded the contract, and iDthe event that the award ismade, prior hoconducting any business in the City. 11. Prevailing Wagesm The —��ontractor w0~—comply wdh�| ofChoo�r3lVV 12R�- VVaoeonnPubUoVVo�. --a. RCVV3S.12.O1O-the PrevailingRete ofVVaoa. It issolely the responsibilityofthe Contractor hudetermine the appropriate prevailingwage rate for the services being provided. b. RCW 39,12.040'Statement ofIntent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before on awarding agency may pay any sum dux on a000unt, it must receive statement ofIntent bo Pay Prevailing Wages approved bythe Department ofLabor and Industries. Following final acceptance ofu public work project, and before any final money is disbursed, each Contractor and Subcontra ctor submit to the' awarding agency an Affidavit of Wages Paid` certified by the Department of Labor and Industries. c. RCVV 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 ofthe Contractor. The State of Washington prevailing wage rates applicable for this public works project,whiohio|onetedinYuk|mo County, may befound 8t the following weU0ibeaddress ofthe Department 0fLabor and Industries: hMpsj8nLwa,a0v/|iCansinq~pormi(n/pub|ic+wVrks'V,Vj�ects/onBvai||nq+w@ge--rotes. Based onthe quote submittal for this project, th8app|ioableefecbve(staMUdatoofMhinp jedfnrthepurpnnonf determining prevailing wages iothe quote date, April 18,2025. 12. Certified Payroll for Non -Federally Funded Projects Upon request bythe Citvorbyan|nterg��certified inh3nnaMnnnuohao|aut^ 8me.SGN@ndoddneas,o8d|ded|n8CoVndannawithRCN/42,56.230`inondorWprovde!V, public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll �QN dotonnien, in its sole discretion, that such non -redacted copy is necessary nrappropriate bu enable City tocomply with any applicable law. RCN/42156.230 (7]Ud Personal m7�x Vp�/hl0�Exemption: Any [mtorU used to prove identity, ege, residential address,Vgdm|$8cuMh/^unn' ' or other personal information required to apply for a driver's license or identicard. RCN/30.12.0Y0WU:An"Interested Pahy''for the purposes ofthis chm�ershall include nC0n�a�or.8ubnoDtn8do� an employee of ` `ont,adoror8ubonntnodor. an organization whose members' wmgoo, bmnefits, 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` i x(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC FK 1 .,w<', 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 u . _ . l j:(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 13. 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.). 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. No provision of this Contract shall require or prohibit action or inaction by either party, or the agent(s) or subcontractor(s) of either party, that would violate Federal, State, or local law or that would affect the City's eligibility for any federal program or receipt of federal funds. The following provisions are included as required by Washington State law. 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 Toss of federal funds to the City. 14. 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. 15. 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. e. The terms of this section shall survive any expiration or termination of this Contract. 16. 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, tosses, 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 at limits no less 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 Contractors obligation to maintain such insurance. Contractor's insurance coverage shaft 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 fnnm and ofect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may besufficient cause for the City 0oterminate the Contract. The following insurance iorequired: o' Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of ineuxon000npmofofnnmmeroia|Uabi|ib/inounonoovvithaminimum|iabiUh/UmitofTwmMiUionDoUoro ($y.OUO,OOU.OU\ per occurrence, combined single limit bodily injury and property damage, and Four Million DoDollars'`04j300.000,00 general aggregate, If Contractor carries higher coverage limits, such limits shall be shown on the '8difiCab» of Insurance and Endorsements and the Cih/, its elected and appointed officials, employees, agents, attorneys and volunteers shall benamed aSadditional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the md{cynumber, and when the policy and pnmiSionsp0videdare lneffect. Said p0|�yShaUbe}neffect for policy duration ofthis Contract. The certificate ofinsurance and additional insured endorsement shall name the Cib/ofYakima, its o|n�adand appointed officials, employees, oQnn�.aUornoyaand volunteers aoaddiUonu|^insureds, and shall contain aclause that the insurer will not cancel orchange the insurance without first giving the City prior written notice. The insurance shall bowith an insurance company or companies rated A4/\| higher in BenCo Guide and admitted in the State of Washington. The requirements contained herein, aowell aeQh/nfYohima'omviewuracceptance ofinsurance nnoiOteinnd byContractor innot intended boand sheUnot inany manner limit nrqualify the liabilities orobligations assumed bvContractor under this contract. b. Automobile Liability Insurance Before this Contract �ofully executed b the parties, Contractor shall provide the City with ocertificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars /$2.0UO.OUO.00\per Vccunb occurrence. If ca rries `on — the Certificate of Insurance and Endorsements and the C|hy, its elected and appointed offiCi8|s. 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 ineffect, Said policy shall beioeffect for the duration {dthis Contract. The certificate Vfinsurance and additional insured endorsement shall name the City nfYakima, 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 Chxpdorvvh�ennotice, The insurance shaUbe with aninsurance company orcompanies rated A�'||o; higher in8est's Guide and admitted inthe State nfWashington. The requirements contained herein, oo —well asQtvofYokima'omvimworonoo�ancaufinsurance maintained bvConbadorimnot intended ho 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. o. Employer's Liability (Stop . Cnnbodorand aUS' �ounbadodoJshaUatall �meacom�y wdhoUep�ioo�owor��ro compensation, occupational and � � tional health and safety laws, statutes, and regulationsk3the full extent applicable, and shall maintain Employees Liability insurance with a Nnh of no less than $1.008,000.08. The C|' � SUaU not be held responsible in anyway for claims filed by Contractor orits h hg of Contract, Contractor agrees to assume 0V|| omp|oy�aofn[norWCeup��Vrmndund�r\ g terms � liability for all claims arising from this Contract including claims resulting from negligent acts of all GubcoO `'. Contractor is responsible for ensuring Subcontractor(s) have insurance as Deeded. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractors liability or responsibility. 17. Severability |fay���^ �����C���or��mmd����f�a��m��m����n�:�h���. ' which be ' �f�dv���u �ninvoUd�rm. such �vaNdvohaUnot a��to�erterms, nond�VOsoropdk�bons can given � condition mapplication. To this end, the terms and conditions of this Contract are declared severable. 18. Contract Documents This CVr8nacC the Invitation to Quote #22519S, Scope Of VVod(. conditions, 8ddeOda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the C0rdnoct Documents and are complementary. Specific Federal and State laws and the terms of this CnntraC(, in that order respectively, superSeU-o|hoinconsint provisions. These ContractdDocuments are on fi|o in the Office of the Purchasing Manager, 28No. 2na SL.Yakima, WA, 0O901and are hereby incorporated byreference into this Contract. 1g. 7emlinobnn TanmiD8UCn for Cause In the event the Contractor breaches this Contract, the City may terminate the CVn(��atits ou|e diuo�Uun in such event that itp0videSthe Contno�orwith vvriUannoUoeofC`ntnG�o�obreach and the Conba�orfails Vocure �nbnueoh within 3Odays nfthis notice. |nthe event the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such an 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 0Udays ofthis notice. The following represents a non-exclusive, iUuotno8vo list of instances that nhoU be considered a breach by the 8. Defaults DnaDobligation under the Contract. b. Fails tuperform any material obligation required under the Contract. o. 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-daynotioa. e. Makes anassignment for the benefit ofcreditors. t Fails h)follow the sales and use tax certification requirements nfthe State ofVVaahinghon. g. Incurs adelinquent Washington tax liability. h. Becomes aState orFederally debarred Contractor. I. |oexcluded from federal procurement and non -procurement Contracts. j Fails to maintain and keep inforce all required insurance. permits and licenses anprovided 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. |. Contractor performance threatens the health orsafety ofaCity, County ormunicipal 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. Alternatively, 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 a 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. 20. Dispute Resotution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 28. Authority —� The person executing this Contract, behalf of Contractor, represents and warrants that they have been fully authorized bvContractor hJ execute this Contract on its behalf and to |8g@Uy bind Contractor to all the terms, performances and provisions of this Contract. 29. Change or Notice Any alterations, includin g chmnQeubz1bonatunoofthemcmimo.madnhothaCnnboctnhuUbmnenderedinwddngand -ig'-- by both responsible parties: no changes without such signed documentation ohe|| be valid. No alterations outside of the general scope and intent of the original Request for Proposals or|nexcess nfallowable and accepted price changes shall bamade. |nnoevent shall the Contractor hupaid orboentitled hmpayment for services that are not authorized herein orinany properly executed amendment. Notice 0fBusiness Changes: Contractor shall DmU'�the City inVmtiwi thin ownership Vfthe facilities Cfthe Contractor OroYthe facilities ufany 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 tochange ordiscontinue service that will affect services provided tothe City under this Contract. The Qb/ aho|| have the right to renegotiate the honne and conditions of this (�� �on�r�hu the extent required to -- 0000m 'oUuto o change in governing law or policy that, in the so|ediocreUoD of the Clh/. either substantially and unreasonably enlarges the Contractor's dufles hereunder, or renders performance, enforcement or compliance with the totality oYthe Contract impossible, patently unreasonable, nrunnecessary, Notices and demands under and related to this Contract shall beinwriting and sent tothe parties attheir addresses aofollows: TO CITY: City of Yakima Purchasing Susan Knottu.N|GP'CPP'CPP8.CPPO BuyerU 12SNorth Second Street Yakima, WA 98901 TO CONTRACTOR: m sevigny Construction Inc Erik Remillard, Project Manager 1212 IN 16th Ave Yakima, WA 98902 30. Survival The foregoing sections of this Contract, 1-29 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. K8.SEVIGNY CONSTRUCTION,IVC. Erik Remillard List nfExhibits attached to this contract Exhibit A - Specifications #22510S ExhibitB-ConbodoroOuote CITY CONTRACT NO: RESOLUTION NO: , EXHI. IT A Specific ions " uote #22519S The following pages have been removed: Bidders Responsibility Criteria Form, pages 10-11 Certification of Compliance with Wage Payment Statutes, page 12 Sample Agreement, pages 13-21 CITY OF YAKIMA PUBLIC WORKS INVITATION TO QUOTE #225195 FOR PUBLIC WORK BETWEEN $10L000-$35,000 PROJECT NAME: Paint Transit Transfer Center Buildings Exterior LOCATION: 1osSouth 4'"Street, Yakima, vvA989oz ISSUE DATE: April 7'zUzs CITY PROJECT COORDINATOmNAME/NWMBER: Greg Story, Transit Assistant Manager, sO9-57h'6oaz RETURN QUOTES nOBUYER. Susan Knnus.Buyer x@ sysan.Knnus@vakimavxx.Gnv DUE DATE/TIME: Ap,i|zD,zOas, @I:0op,m PDT - QUOTEFORM SMALL WORKS ROSTER PROJECT Contractor must besigned upwith mmNW.MRSCROSTEpS/ORG inorder torespond tnthis Invitation tnQuote. PREVAILING WAGE This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This baPrevailing Wage pnoject Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages Paid must be filed by both the General Contractor and any Subcontractors working nnthe 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 OFINSURANCE _Subrogation _ � .~^_____ A[e��cateof|rouenoew�hAdd�iuna|Insured Endocementw�hanexpUc�VVa�erc*/srequired oro.�wv^o insured endorsement shall name "The City of Yakima, its elected and ""5'~' '^^ ^^'---- of insurance'-- -- additionald volunteersaaodditiona|inaumdm~perthoauachedmample.wkhthe appointed officials, employees, agents, attorneys ~`~- x~+= ,* ,"""�=� The cp�o5ca�^ needs to be addressed as shown and mou�c an ^�wue" ,w"'°"'"" '"=~`^� "~^^ ^^^� `' `~--"-' -- ----� �v�Uben�u returned ne�ionandyuuwU|nnt�ea�etp�a�w�r '�ndmname��an�anexp|k**m��[o[�u�n�ado�nr m on ~ ' until uisaccepted. Subcontractors must also submit Certificates ufInsurance with Additional insured endorsement. See attached contract for further details. SITE VISIT ' ~'~~^^ meeting will convene — April at 11:00 a.m. at the City of Yakima Transit Transfer Center, located at urged to attend. � 'Th ' ite meeting is notmandatxy however, interested nartleaare mtrmmglY . QUESTIONS ' _ .� .-'- -._-°.�_--;-'~-,~..~.a.~ All quesdonsshoUbesubm�tedtothe 8uye�S�anKno�s��Sasan.Knuum�',ammav?*^un"nmr��p^/u*p"p.= `""p"=~.` ' rnmommuAr,m~ �OF WORK Contractor | coordinate ^~~� ----r work with the City of Yakima Project Coordinator listed above as to when work will be �� accomp|bhed.VVorkshaUbecomp|gadasagra�upon |nthe nsumngcontract. WORK HOURS AND SCHEDULE n. ^ Work tobecompleted Mf'7l0a.m.tn5lNpm,�holidays. Trans�Center mused oeaxxyoung tne weekdays a8'Ffrom 5:/5a'm.tp6:45p.m' Transit op�ratlonaARE. NOT to be disxqpted by this work. SCOPE OF WORK r-1--- and ren all exterior surfaces of the two waiting shelters, transit transfer building and clock tower.Patch defects. Prime stucco on clock tower. Paint exterior of waiting shelters, transit transfer building and clock tower including the exterior of the metaldoor�doorandvindowhames cameracunduhand gucoosuff�sondocktower w�� with w� single Application n onsuaccs may consist ofwood, Dryvit,block, auminuman � | and All Work U s� h bedone isaworkmanlike manner, with all spills and splatters removed and cleaned up thoroughly prior to final payment, City of Yakima Small Works — Invitation to Quote 22519S Page zof 25 City to remove all plexiglass from waiting shelters prior to painting. 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 Palm to Be Used. Please see paint and color description below. Greg Story, Transit Assistant Manager, is available to assist with paint purchase and may be reached at 509-576-6422. BEHR: Behr Dynasty Exterior Flat Finish Paint — Espresso Beans Examine substrates and conditions under which painting will be performed for compliance with manufacturer's requirements for application of paint. Do not begin paint application until unsatisfactory conditions have been corrected. The start of painting will be construed as the painting contractor's acceptance of surfaces and conditions within a particular area. Notify the owner about anticipated problems using materials specified over substrates previously prepared, modified, or painted by others. Preparation General Procedures: Remove hardware, accessories, plates, machined surfaces, lighting fixtures, and similar items that are not to be painted or provide surface -applied protection, prior to surface preparation and painting. Remove these items if necessary for complete painting of the items and adjacent surfaces. Following completion of painting operations in each space or area, professionally reinstall the items removed to their original setting. Clean surfaces before applying paint or surface treatments. Remove oil and grease prior to cleaning. Schedule cleaning and painting so that dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. Clean and prepare surfaces to be painted in accordance with the manufacturer's instructions for each particular substrate condition and as specified. Provide barrier coats over incompatible primers or remove and re -prime. Notify owner in writing of problems anticipated with using the specified finish -coat material with substrates prepared, modified, and painted by others. eter.titigus materiais Prepare concrete and concrete masonry block to be painted. Remove efflorescence, chalk, dust, dirt, grease, oils, and release agents. Roughen as required to remove glaze. If hardeners or sealers have been used to improve curing, use mechanical methods of surface preparation. Use abrasive blast -cleaning methods only if recommended by the paint manufacturer. If necessary, determine alkalinity and moisture content of surfaces by performing appropriate tests. If surfaces are sufficiently alkaline to cause the finish paint to blister or burn, take action to correct condition before application. Do not paint surfaces where moisture content exceeds that permitted in the manufacturer's printed directions. Wood Clean surfaces of dirt, oil and other foreign substances with scrapers, mineral spirits, and sandpaper, as required. Sand surfaces exposed to view and dust off. Scrape and clean small, dry, seasoned knots and apply a thin coat of white shellac or other recommended knot sealer before application of primer. After priming, fill holes and imperfections in finish surfaces with putty or plastic wood filler. Sand smooth when dried. Metal Clean surfaces of dirt, oil and other foreign substances with scrapers, wire brush, solvents and sandpaper, as recommended by the paint manufacturer. Prepare surfaces exposed to view and dust off. City of Yakima Small Works — Invitation to Quote 22519S Page 2 of 25 Carefully mix and prepare paint materials inaccordance wkhmanufac*urer' directions. Maintain containers used in mixing and ' application of paint in a clean condition, fee of foreign materials and residue. Stir material before application to produce a mixture of uniform density; stir as required during application. Do not stir surface film into material. Remove film and if ' necessary, strain material before using. � Use only thinners approved by the manufacturer, and only in recommended limits. Tinting Vundercoating isapp|ied,each underootisto6e alighter shade ofthe finished color tofacilitate identification ofeach coat where multiple coats ofthe same material are applied. Application i accordance with manufacturer's Use su�edfor subs�a�'and type of Apply paint naoco ance mon directions. ' material being applied. Donot paint over dirt, rust, scale, grease, oil, moisture, scuffed surfaces, orconditions detrimental tnthe formation ofadurable paint film. Provide finish coats that are compatible with primer orpainted surfaces. The number of coats and thickness required shall be the same regardless of the application method used. Du not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. Sand between applications where sanding is required to produce an even smooth surface in accordance with the manufacturer's directions. Apply additional coats when undercoats, stains, and other conditions show through the final coat ufpaint until paint film isofa uniform finish, color, and appearance. Give special attention to ensure that surfaces including edges, corners, crevices, welds and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. Scbod Apply material to surfaces that have been cleaned, pre-treated or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. Allow sufficient time between successive coats topermit proper drying. Qnnot re -coat until paint has dried and feels firm, and does not deform orfeel sticky under moderate thumb pressure and where application of another coat does not cause lifting or loss ofadhesion ofthe undercoat. ' y0inimmnCoptuQ7h|�kneos the manufacturer's Provdetotaldry�|mthickneaoftheenUpe App�m�eha|ntnmtea��an ema u . ' system asrecommended bythe manufacturer and specified therein. /finishwi d smooth surface [|oudineo'sPotim� /�omn;�ete�covertoprovov provide su � laps, brush marks, runs, sags, ropiness orother surface imperfections shall not bcaccepted work. � Cm0npletcdWackMatch approved color samples, texture, and coverage. Remove, refinish, or repaint work not in compliance with specified requirements. dutherdi��rdedpairucont��orm�eha|hnmtheshe '/��e�dofeach wo�do�remmeemp�co���,mbbish an . Clean glass and other paint -splattered surfaces upon completion of painting. Remove spattered paint byscraping and washing, using care not toscratch nrdamage finished surface. 'l—ratec%im Protect surfaces, whether tobepainted mnot from damage bypainting. Correct damage bycleaning, repairing, mreplacing 'and repainting, osacceptable totheownec Provide ~wet-paint"signs toprotect newly painted areas. Set uptemporary protective fencing asneeded for the protection oY work areas before, during, and after painting operations. City of Yakima Small Works — Invitation to Quote 22519S Page 3 of 25 QUOTE FORM CONTRACTOR TO FILL OUT THIS SECTION Contractor Recommended Process/Materials if Different Then Specifications: Additional Materials/Labor Required: 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 and Public Work filing fees Tax 8.3%: TOTAL: OPTIONAL ANTI -GRAFFITI TREATMENT In addition to the above Anti -Graffiti Treatment: $ Tax 8.3%: TOTAL: $ City of Yakima Small Works — Invitation to Quote 22519S Page 4 of 25 |nsigning this Quote wecertify that wehave not, either directly or indirectly, entered into any agreement orparticipated inany 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. VVewill comply with all terms, conditions and specifications requ\odbythe[ityofYaNmamthb|nvitationtoOwoteondaUterms of our Quote. Company Name Company Address Name of Authorized Company Representative (Type or Print) I Title Signature of Above WIVIBE/ID8EVendor Certification Number (if applicable) F-1 | hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received.) IEmail Address , Phone Number City of Yakima Small Works — Invitation to Quote 22519S Page sof 25 CITY OFYAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #22519S �PENIERAVSFECIAL INSTRUCTIONS A. Additional Work Contractor shall supply all labor and materials required for repairs and repainting. All materials not specifically called out but required to complete the Work shall be supplied as part of the contract quote price and listed on Quote Form under "Contractor's Recommended Pnocess/K4ateria|s" section. Any additional work found necessarythotisnot specified inthe Scope nfWork shall also belisted onthe Quote Form under "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 forthe comparison of Quotes. The City does not warrant, expressly or by implication; thatthe actual amount of work will correspond to the estimated quantities. Bidder is responsible for verification.oflsqyare footage and units nfmeasure, which are to,be,prox6edwith Quote submittal. The bidder must determine, from careful examination, the methods, materials, labor and equipment required to perform the work in full and shall reflect the same in his quote price. If, inthe performance of the work, additional materials, labor or equipment are required beyond those anticipated by the bidder, they will not be entitled to additional compensation except as maybe provided for elsewhere in these specifications. C. Site and Specification Examination The submission ofaquo�shaUbecondus�ee�sufficient specifications and quote documents and has thoroughly investigated and is satisfied astothe existing conditions bzbeencountered atthe site; the character, quantity, quality and scope ofwork; the quantities and qualities of materials to be supplied and equipment and labor to be used; and the requirements of the Contract and proposal submitted, including all addenda for performance ofthe work. D. 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. E. 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 tmView aContractor's bid the City of Yakima will comply according to the Public Records Act, Chapter 4lSG RCVV. If any information ismarked asproprietary inthe proposal, such information may not bemade available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. F. Award ofQuote The [by 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 toaccept the low quote. G. 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 ofwork. Contractor shall also obtain and provide proof of a current City of Yakima business license endorsement or license, as necessary. itwill bethe Contractor's responsibi|bytoprocureany|icensesorpenmhsrequiredtocompletethepnoject The Contractor isresponsible for all traffic control and barricades, ifapplicable. You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the [odes vvebsite at: /vxmxm.Vakirnav*�gor/sery e�,for(nformadon.[ontrocturisnspunsib|eforD||inga||Pub|ic VVork—aperv*orkand any charges or fees associated with the filings. All filing fees and charges shall be indudedin1heproject'slump sum. H. Regulations and Codes The following submittals and code compliance shall 6erequired: 1. tTo he extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and VV|5HArequirements, tn include EPA standards and City safety codes. I Compliance with all State and Local building codes: Yakima County Clean Air Authority regulations, Yakima County Landfill, Washington State Department of Labor and Industries & Uniform Building [ode (U8C). In addition, the contractor shall ensure that any subcontractor performing this contract shall comply with all applicable laws and regulations pertaining to this contract. Additionally, the Contractor agrees to comply, as applicable with the following: 1. 5BS974Move Ahead Washington 2. R[E70A.OZHealthy Environmental for all (HEAL)ACT, and 3. RCVV7OA.6S.26UClimate Commitment ACT. 1. Labor Provisions — Overtime Requirements No Contractor orsubcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work, to work in excess of forty (40) hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. Contractor will comply with all applicable provisions ofTitle 4QR[VV Labor Regulations. J. Best Modern Practices All work, including design, shall be performed and completed in accordance with the bestmodern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not bemade inthese specifications. K. Workmanship Contractor warrants and guarantees tothe City that the work shall be performed in o 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 are to 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. City of Yakima Small Works — Invitation to Quote 22519S Page 7 of 25 K. 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 towithstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. M. Equal/ApprovedEqualTh—se s'cadnnsareintendedtobepvedsexxhereasped�cma model or�adename brequested. sp ecifications Whenever a make, model or trade name is used, it shall bethat orequal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration ifthey 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 tnthat herein specified must be substantiated with supporting data to justify such request for substitution. N. Contractor's Use of Premises ~ Donot unreasonably encumber the site with materials orequipment. ° Assume full responsibility for protection and safekeeping of products stored on premises. ° Provide and install construction barriers and safety signa8easnecessary. • The contractor shall take necessary precautions to prevent damage to existing structures. 0' Contractor's Responsibility for Fire Prevention and Protection * The Contractor shall perform all work inafire-safe manner. ° Contractor shall supply and maintain on the site adequate fire -fighting equipment capable of extinguishing incipient fires. ° Contractor shall comply with applicable Federal, local, and State fire -prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standard for Safeguarding building Construction Operations (NFPA No. 241) shall be followed. P. Hazardous Materials If asbestos or other hazardous materials one discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control oswell asany change incost may beexecuted byPurchasing. R. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. Protection ofUtilities 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 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. S. 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 dean up any spilled material from streets, roads, etc. Storage ofdebris onsite isnot allowed. T. Dust/Debris Control The Contractor must take whatever steps, procedures or means as are required to prevent abnormal dust and debris conditions being caused by the operation in connection with the work. Dust control must be incidental to this project. City of Yakima Small Works — Invitation to Quote 22519S Page 8 of 25 U. Contractor's Vehicles Contractor and employee vehicles, and all other vehicles entering Owner's property to perform work, must use an access route approved by the Owner. All such vehicles will not be allowed to park on the transit facility and must park in a designated parking area approved by the owner as to not interrupt or restrict facility usage by transit vehicles, staff or patrons and/or transit activities and services. V. Repair mrReplacement 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 one 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 toadjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. W. 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 issatisfied 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 tocorrect 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. X. payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s)tothe City ofYakima Accounts Payable, 1Z9North 2udStreet, Yakima, VVA 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. |naddition, 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. Y. Retainage (Must bewithheld ot 10% inorder towaive performancelpayment 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 tothe time ofcompletion and acceptance ofjob. 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 ofYakima Small Works — Invitation t"Quote zz5zes Page ynfas 129 North 2nd Street Yakima, Washington 98901 April 16, 2025 Dear Sir or Madam: Subject: Quote 22519S Paint Transit Transfer Center — Yakima Transit Addendum No. 1 QUESTIONS AND ANSWERS WERS Please see the following questions that were ask by Contractors during the Site Visit on Thursday, April 10, 2025. 1. Q. Do you want repair and painting done on the soffits of the buildings? A. No painting of the soffits to the two bus shelters on either side of the administration building or the administration. Only the soffits of the clock tower are to be painted. 2. Q. The specifications state that work is to completed Monday -Friday during the hours of 7:00 AM and 5:00 PM. Is there a day(s) or time(s) that are better than others with less traffic and usage of the facility? A. There is no specific time that is better than another. 3. Q. Do you want the doors and door frames the same color as the building? A. Yes. All doors, door frames, and window frames are to be the same color as the buildings as detailed in the specifications, "Espresso Beans". 4. Q. Will we be able to dose off the waiting shelter(s) while we repair and repaint them so patrons don't lean up against the wet paid or disturb the repairs and paint until finished and dried? A. Yes, you can close off the shelters to make repairs and paint as needed. 5. Q. Is there a start and end date by which this project needs to be started and finished by? A. We would like the project to start as soon as the Contract is dually executed and finished no later than May 31, 2025. 6. Q. Is the expectation that there would be a sequencing of painting the buildings? Can only one structure/building be painted at a time? Also, can the temp fencing panels be placed around the main? Or is something less intrusive preferred (like candlestick cones and caution tape)? n, (509) 575-6095 F: (509) 576,6394 r; Susan.Knotts rnYakim3WA.GIov www.YakimaWA.Gov/Services/Purchasing 129 North 2nd Street Yakima, Washington 98901 A. You do not need to perform t1ie project in sections or sequencing of pair tii g u less that wr, r°ks best for you. You can 'paint orte bt ildmg at a time or multiple buildings at a You do not treed to provide fencing panels but some sort of cone, sign or paint would be advised tonotifY the public that an area has wet paint. 7. Q. Is there access to water where we can hook up our hoses to power wash the buildings? A. Yes, there is access to water. The staff working at the Transfer Station can help with this. 8. Q. Is there access to power or will we need to bring generators? A. Yes, you will have access to power. The staff working at the Transfer Station can help with this. 9. Q. There are green beams running through the two bus shelter buildings. Are these to be painted the same color as the building or left "as -is"? A. The green beams are to be left green. 10. Q. Do you want us to remove the all benches and signs from the buildings before painting? A. Yes, please remove benches from the shelters before painting and replace them when complete. Also remove all signs from buildings and hardware from doors before painting and reattach when finished and paint is dry. 11. Q. Do you want the gutters painted? A. No, the gutters, roof trim and roof are not to be painted. 12. Q. How tall is the clock tower? A. Maybe 40 feet. We do not know. 13. Q. Are we allowed to quote another brand of paint but in the same color? A. Yes, you can quote a different brand of paint then BEHR Dynasty as long as it is in the same color and is "equal" or "approved equal" as stated in the Section M. of the specifications on page 8. Also, as stated in the specifications, "The City reserves the right to make the decision on acceptability'. You will need to provide supporting data to justify the brand quoted it is equal -to or better than the brand called out in the specifications. If your alternative brand IS NOT considered equal -to or better, your Quote will be considered "non -responsive". If you would like to quote a different brand, 1 suggest submitting two different quotes making sure to label your quotes "Quote One with the brand name being quoted" and "Quote Two with the brand name being quoted". 14. Q. The specifications call for the building to be painted one color with a flat paint. Do you want the doors and metal surfaces to be painted with a flat paint as well or would you like them painted with a harder paint like a satin for easier cleaning? A. You can paint the door and trim with a flat or a satin paint. All Quotes are due on or before April 18, 2025 at 2:00 PM to Susan.Knotts@YakimaWA.Gov. If you submit your Quote late, it will not be reviewed or considered. When submitting your Quote, please put in the subject line of your email "Quote 22519S Paint Transit Transfer Center". P: (509) 575-6095 F: (509) 576.6394 e: Susan.Knotts(iiAakiniaWA.GO' 129 North 2nd Street Yakima, Washington 98901 Acknowledge receipt of this addendum on the signature page of the Quote Form (page 5) of the Invitation to Quote document. Sincerely, Susan Knotts, NIGP-CPP, CPPO, CPPB Buyer II r: (509) 575-609.5 w, (509) 576.6394 E: SISa n:Knons@Ya1UmaWA.GOv w: w y EXHI-IT B Con uote � ` CITY OF YAKIMA PUBLIC WORKS INVITATION TO QUOTE #22519S FOR PUBLIC WORK BETWEEN $10,000-$35,000 PROJECT NAME: Paint Transit Transfer Center Buildings Exterior LOCATION: zOsSouth uth Street, Yakima, vVA9D9o1 ISSUE DATE: April 7'2Uas CITY PROJECT COORDINATOR NAMKnBsR:aregymry,nansit Assistant Manager, 5O9-576-64Iz RETURN QUOTES TO BUYER. Susan Knous,Buyer ||@ Susan. Knotts@YakimaxVA.sov DUEDATE/T|K8E' April zD,IOas'@a:O0pxx PDT QUOTEFORM ' SMALL WORKS ROSTER PROJECT Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote. PREVAILING WAGE This project bcon�de�dPub|�VVurkand shaUbecompleted inaccordance w�h39.O4R[VV.��,|saP�na0ng Wage project. Intent to Pay Prevailing � andA�idavbnfPrevahngVVages Paid must be filed by both the General Contractor and any - Wages, Subcontractors working onthe project, atContractors expense, a ndpnstedasapprovedbyiabo,and|ndustries(L&|)pMorto payment. See attached contract for further details. CERTIFICATE OF INSURANCE ACe��cameofInsurance w�hxddUdona|Insured Endomementw�hanex�idtVVakerof�ubro�vtonisnquisdbeKorewor� begins.The certificate of insurance and additional insured endorsement shall name "The City of Yakima, its elected and� appointed o�iciaofficials,emp|oyeemploagents,a�en�attorneys and volunteers asadditional insu,eds," per the attached sample with the same limits of coverage, The Certificate needs to be addressed as shown and include an attached,Additional, |nsured � Endo——mer" wai ver returned und|'is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See. attached contract for further details. . SITE VISIT An onsite meeting will convene onApril 11, 2025, at 11:00 a.m. at the City ofYakima Transit Transfer Center, located at 105 South 4mStreet, Yakima, WA, g8gO1. The site meeting is not mandatory; however, interested parties are strongly urged to attend. 'QDESTKONS three �)days phortoQuote due All questions shaUbesubm�ted10the 8uye�Susan Knn�s���wman'��q��vv,ewrmav"o.unv date. COORDINATION OF WORK Contractor will coordinate their work w�h the City of Yakima Project Co ovdinator listed a as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. WORK HOURS AND SCHEDULE Work tobecompleted M-F,7:0Oa.m.tu5:0Op.m,excluding legal holidays. Transit Center isused heavily during the weekdays yN'Ffrom 5:45a'm.to6:45p'm. Transit operations ARE NOT mwbe/disrwpoed bpthis wq/k. SCOPE 0FWORK `��na���aU��hnr����t�t�������'Uan�1���buUdi�a���mwe �����Phme � guccoonclock tower. Paint exterior of waiting shelters, transit transfer building and clock tower including the ext erior of the . metal doors, door and window frames, camera conduit and stucco soffits on clock tower with single color. Application surfaces may consist of wood, Dryvit, block, aluminum and steel. All Work shall bedone isaworkmanlike manner, with all spills and | sda�e�removed and deanedup prior final na payment. ~ City of Yakima Small Works — Invitation to Quote 22519S Page 1 of 25 City toremove all plexig|oafrom waiting shelters prior topainting. All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented bythe City ufYakima. Work shall be performed accordingly to manufacture's recommendation, using specified materials and brands orapproved and acceptable equal. ' RECOMMENDED PROCESS/MATERIALS Paint,to BeUsed ndc�d���on��G���������na������a����i���� Please see pa/noa and may bereached at5O9'576-642I. 8EMR: BehrDynagyEmehorF|atFinishPaint—EspressoDeans ' �xaoohubuu Examine su bstrates U n�v�bepe�nrmedforcomp|�ncewbma nufacturer's usequ�emn�s for application— ofpoint. Donot begin paint application unti|unsatisfactovycundidonshpvebeenconecte�� corrected. The will be construed as the painting contractor's acceptance of surfaces and conditions within a particular area. . Notify the owner about anticipated problems using materials specified over substrates previously prepared, modified, or painted by others. 'Preparation Procedures: Remove marhinedsu�aces lighting fixtures, and �mi|ar�enathat are not ~~--��--- rsb d painting. �emovedhesehemsKnecessary tobepainted orprm�demmrf�e- pp|iedpno�cton,p�mrtusur�ce preparation p for complete painting mfthe items and adjacent surfaces. Following completion ofpainting operations ineach space orarea, professionally reinstall the items removed totheir original setting. �Clean surfaces before applying paint orsurface treatments. Remove oil and grease prior tocleaning. Schedule cleaning and ` painting so that dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. � Clean and prepare surfaces to be painted in accordance with the manufacturer's instructions for each particular substrate condition and asspecified. � Provide barrier coats over incompatible primers orremove and re -prime. Notify owner inwriting ofproblems anticipated with . using the specified finish -coat material with substrates prepared, modified, and painted by others. ��ma�n�b|����i�� �m��on�n��|�du�di��e��|�and �|��. ' Prepare co»crrccunuumuived to vemove �|aze |fhavdene' or �ea|eo have been u to improve cuhn� use mechanica| agencs. xou�nenas,rq � .^ -_ methods ofsurface preparation. Use abrasive blast -cleaning methods only if recommended by the paint manufacturer. If necessary, determine alkalinity and moisture content of surfaces by performing appropriate tests. if surfaces are sufficiently alkaline to cause the finish paint to blister or bum, take action to correct condition before application. Do not paint surfaces where moisture content exceeds that permitted in the manufacturer's printed directions. � Wood ,��nsu��s�di¢�|and o�e ��k������������xi�m|s���and���p��n��md� Sand surfaces `exposed toview and dust off. Scrape and clean small, dry, seasoned knots and apply a thin coat of white shellac or other recommended knot sealer before application ofprimer. After priming, fill holes and imperfections in finish surfaces with putty or plastic wood filler. Sand smooth when dried. Metal Clean surfaces of dirt, oil and other foreign substances with scrapers, wire brush, solvents and sandpaper, as recommended by the paint manufacturer. Prepare surfaces exposed tuview and dust off. City of Yakima Small Works — Invitation to Quote 22519S Page 2 of 25 MaterialsPreponttion Carefully mix and prepare paint materi|s in accordance with manufacturer's directions. Maintain containers used inmixing and application of paint in a clean condition, free of foreign materials and residue. Stir material before application to produce a pp|ic~ 'nnofpaintinadeononndition,haeofforeignmateria|sandnsidue.Stirmateria|befonnopp|icatinntopmUucea mixture ofuniform density; stir as required during application. Do not stir surface film into material. Remove film and if � necessary, strain material before using. Use only thinners approved by the manufacturer, and only in recommended limits. If undercoating is applied, each undercoat is to be a lighter shade of the finished color to facilitate identification of each coatwhere multiple coats of the same material are applied. A3+4=UaU*4U Apply paint inaccondance with manufacturer's directions. Use applicator and techniques best suited for substrate and type of , . material being applied. Donot paint over dirt, rust, scale, grease, oil, moisture, scuffed surf� �ceurconditions detrimental tothe formation ofadurable paint film. � Provide finish coats that are compatible with primer urpainted surfaces. ` The number of coats and thickness required shall be the same regardless of the application method used. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. Sand between applications where . sanding is required to produce an even smooth surface in accordance with the manufacturer's directions. ' | h undercoats, stains, Apply additional coats when encoa� » |d uniform �nish'co|o�and appearance, G�espeda|a�enbontoensumthat sudacesincluding edges corner4crevice�we s and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. � .App�m�eha|tosu�acesthat have been deaned,pre-�ea1edur�hemNsepvepared�npo��n�assuonaspra�ca�ea�er ' preparation and before subsequent surface deterioration. . ~Allow sufficient time between successive coats topermit proper drying. Donot re -coat until paint has dried and feels firm, and does not deform or feel sticky under moderate thumb pressure and where application of another coat does not cause lifting or, loss ofadhesion ofthe undercoat. �Apply material atnot less than the manufacturer's recommended spreading rate. Provide total dry film thickness of the entiresystem as recommended by the manufacturer and specified therein. Finishes Completely cover to provide an opaque smooth surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, laps, brush marks, runs, sags, ropiness or other surface imperfections shall not be accepted work. Completed Work Match approved color samples, texture, and coverage. Remove, refinish, or repaint work not in compliance with specified / requirements. `md&�=� ������ of each workday, rkda�remmme m��Ycor\r�,mbbishand other dbcan]edpaint contra�orm�eha|homthe s�e. ' � Clean glass and other paint -splattered surfaces upon completion of painting. Remove spattered paint by scraping and washing, ' using care not tnscratch ordamage finished surface. � Protection Protect surfaces, whether to be painted or not from damage by painting. Correct damage by cleaning, repairing, or replacing and repainting, asacceptable tuthe owner. ' Provide `wet-paint^signs toprotect newly painted areas. Set uptemporary protective fencing asneeded for the protection o! work areas before, during, and after painting operations. � City of Yakima Small Works — Invitation to Quote 22519S Page 3 of 25 QUOTE FORM CONTRACTOR TO FILL OUT THIS SECTION Contractor Recommended Process/Materials if Different Then Specifications: 1.) Anti -graffiti treatment can be applied once paint has cured. This is typically around 2 weeks after application. 2.) The Behr product will be used. Painter may, however, recommend an equal or superior quality paint by Sherwin Williams or Benjamin Moore. 3.) No permitting required. Additional Materials/Labor Required: Number of Days to Complete Work: 45 Comments: Quote is Firm for : 60 Days (Minimum of 30 Days) Guarantee: 1 year (Minimum of one (1) year on work) Warranty: 1 year (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 and Public Work filing fees $ 15,796.00 Tax 8.3%: $ 1,311.07 TOTAL: $1 7 107.07 OPTIONAL ANTI -GRAFFITI TREATMENT In addition to the above Anti -Graffiti Treatment: $ 7,843.00 Tax 8.3%: $ 650.97 TOTAL: $ 8,493.97 City of Yakima Small Works — Invitation to Quote 22519S Page 4 of 25 QUOTE FORM 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 M Sevigny Construction Inc 1212 N. 16th Ave. Company Address Name of Authorized Company Representative (Type or Print) Title Erik Remillard Project Manager Sign ture,of Above Email Address erik@msevigny.com --IT MBE/DBE Vendor Certification Number (if applicable) Phone Number 509-953-3818 I hereby acknowledge receiving Addendum (a) 1 , 2 (Use as many spaces as addenda received.) City of Yakima Small Works — Invitation to Quote 22519S Page 5 of 25 BIDDER RESPONSIBILITY CRITERIA FORM (Contractor twsubmit with Quote Form) It is the intent ofCity to award a contract tothe |oxv responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may berequired bythe City tosubmit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chopder1O.27 RCVV which must have been ineffect atthe time ofquote submittal; Contractor#: K8SEVIS. 9320K Expiration Date., 10130/2025 2. Have acurrent Washington Unified Business Identifier (UB|)number; UB|#: 602749875 3, if applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, asrequired inTitle 51RCVV Is account current? YFS , , (Yes/No) b. Have aWashington Employment Security Department number, osrequired inTitle 5ORCVV # 000-379014-00-0 c. Have a Washington Department of Revenue state excise tax registration number, as required in 4. Has Contractor been disqualified from bidding onany public works contract under RCVV39.06D1Oor 39.12.065(3). bContractor dbqua|ified? N 0 _ (Yes/No) 5. Until December 31'2O13,not have violated more than one time the off -site prefabricated, non-standard, project specific items reporting requirements ofR[VV39.U4.37O. Does Contractor have violations? NO (Yes/No) G. For public works projects subject tothe apprenticeship utilization requirements ofR[VV 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 chapter49.O4 RCVVfor the one-year period immediately preceding the first date of advertising for the project. |sContractor incompliance? YES I (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 O Exempt O |nContractor incompliance? YES _ (Yes/No) 8. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 [FR29.lOS(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 22519S Page 10 of 25 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 toall Subcontractors regardless oftier. I. 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 ineffect atthe time ofsubcontract quote submittal; b. Have acurrent Washington Unified Business Identifier number (UB|); 3 �app|�ab|e,have� a. industrial insurance (vorker'scompensation) coverage for the Subcontractor's employees working in Washington aarequired inTitle S1RCVV; b AVVashin0tonEmp\nyment6ecurityDepartmentnunnberasrequiredinTit|eSOR[VV; ' is t c. AVVashingtonDepartment ofRevenue state exc e tax registration number as required in Title 82 R[VV; b. Anelectrical Contractor license, ifrequired byChapter 1928R[VV; c. Anelevator Contractor license, ifrequired byChapter 70.87RCVV. /i Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5' Until December 31,ZO13,not have violated more than onetime the off-ite,prefabricated, non'standanj, project specific items reporting requirements ofRCVV39.O4.37O. not 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04,320, 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 R[VV39.04.3SOand R[VV 39.06.0I0, 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: �'ignature Remillard,Erik Manager Printed Name, Title Page 11m25 City of Yakima Small Works — Invitation to Quote 225195 Certification of Compliance with age Payment Statutes (Contractor tmsubmit with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date that bidder \� not a "willful" violator, as defined in R[VV49-48'OOZ, of any ^~-- — b provisionof — chapters49�6 49�8 or49.52RCVV'asdetermined 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 oflimited urgeneral jurisdiction. | certify under penalty of perjury under the laws of the State of Washington that the foregoing istrue and M SevigmyConstruction Inc Bidder - '~— � ~_� .^ �a��.' � r Erik Remillard Printed Name Project Manager Title 8/2O25Date WA Stat e Check One: Individual [] Partnership O Joint Venture O Corporation X State of Incorporation, orifnot a corporation, State where business entity was formed: Washington |facn'partnenh/p'give firm name under which business istransacted* * ifocorporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied byevidence n/authority u,si9n)ifocn-portnership,proposal must be executed by a partner. PaCity of Yakima Small Works — Invitation to Quote 22S19S ge 12 of 25 DEBARMENT AND SUSPENSION ATTESTATION (Contractor to submit with Quote Form) If this Contract qualifies as a covered transaction under federally funded grant requirements, the Contractor certifies compliance with the following: a ��8itherth8 Contractor, its principals a8 defined in 2 (�F�� Q180.995). nor its affiliates (as ' defined in 2 (�F��Q18O.905\ are excluded or disqualified as specified in 2 CFR §180.940 and §180.945. b The adopted to comply with the requirements of ��F�� Part 180' Subpart [�' � as -�oted and supplemented by 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AvvardS).and further ensures 'that any lower- tier covered transactions entered into aSpart ofthis Contract will include 8 requirement for compliance with these regulations. o. The debarment and exclusion status Ofentities can beverified at-https://www.sam.qOv- The Contractor hereby certifies that all information provided in this attestation is true, aoounate, and complete to the best of their knowledge and acknowledges that this representation is a material fact upon which the City ofYakima relies. The Contractor affirms its commitment to remain in full compliance with the requirements of CFR Pad 180, Subpart C, and all applicable federal regulations throughout the duration of this Contract and to require compliance in all |oweptieromvened transactions. Fudhermona, if it in discovered that the Contractor knowingly provided false certification, the City of Yakima and the Federal Government may pursue all available remedies, including, but not limited to, suspension or debarment. Signed this 18th day of April , 2025 Contractor's Name M8ov|QnyConstruction Inc Name and Title vfAuthorized Representative Erik Remillard, Project Manager Signatyo-of Authorized Representative � City of Yakima Small Works — Invitation to Quote 22519S Page 13 of 25