HomeMy WebLinkAboutMBI Construction Services - HVAC system and heat pump at Water Plant - Quote#22619SAGREEMENT
QUOTE #22619S HVAC AIR HANDLER SYSTEM WITH HEAT PUMP
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and MBI Construction Services, ("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 "Servi ") according to the; procedure outlined in the specifications of Quote #2 619S titled HVAC
System with bleat Purnp acid the q tote documents, which are all attached and incorporated herein as Exhibit A, and
the most recent edition of 'the ANSI/AST, /ASME/EIS and NEC including any applicable construction standard($);
which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or addition
to the work provided underthis Contract and every part thereof.
Work is estimated to be complete by Final work schedule shall be coordinated with Project Coordinator
Kevin Rivard, Water Treatment Plant Operator III, (509) 575-6177.
The Contractor shall provide and bear the expense of all equipment; k and labor of arty 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
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. 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 performance 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
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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 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).
2j F' age
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Forei ; n 1vonYashin `ton Co ` rations: 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.
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 39t12.0f1--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.
which is located in Yakima
Industries:
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, May 8, 2026.
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 CW 2.56.230 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.
ori Ex rrr' ffon; Any record used to proveidentity, age, residential address,
ne������Mredinformation required to apply for a drivers license or identicard.
RCW 39.12.01`0 (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.
3ifage
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 39.12.050.
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.).
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) or 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 Contractors
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.
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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 Contractors agent or
subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence.
4ba 4 4k C'„m#r. a #e se^ eneaitrt c .
Contractor shall require that its subcontractors, and anyone directly or indirectly empioyea or nirec cy
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 immuniy 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 424.115 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.
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 insurance in force in 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 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
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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 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 for ensuring Subcontractor(s) have insurance as
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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 #22608S Scope of Work, conditions, addenda, and modifications and'
Contractor's 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, 12 o. 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. Allow any final judgment not to be satisfied or a lien not to be disputed after a legally imposed,
30 -day notice.
e. Make 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.
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,
7 1 P a g e
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 refund to be paid within 30 days of written notice to the Contractor requesting the refund.
chin n F'undin
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.
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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 TO CONTRACTOR: lB_ Construction Services
Susan Knotts, Buyer II - AS . `
129 North Second Street
Yakima, WA 98901
28. Survival
The foregoing sections of this Contract, 1-27 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.
s
By:
Date:
6— /_
6 FF L/` r r, '
rint name)
List of Exhibits attached to this contract
Exhibit A - Specifications
Exhibit B — Contractors Quote Proposal
EXHIBIT A
etications
The following blank forms have been removed from the Specifications
Bidder Responsibility Criteria Form, pages 8-9
Certificate of Compliance with Wage Payment Statues, page 10
Sample Agreement, pages 11-19
Sample Certificate of Liability Insurance, page 20
Sample Additional Insured Endorsement, page 21
Sample Waiver of Subrogation, page 22
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CITY OF YAKIMA SMALL WORKS ROSTER PROCESS
INVITATION TO QUOTE # 22619S
FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,00O
PROJECT NAME: HVAC Air Handler System CITY PROJECT COORDINATOR NAME/NUMBER: Kevin Rivard, Water
with Heat Pump Treatment Plant Operator III, (509) 575-6177
LOCATION: 6390 Highway 12, Yakima, RETURN QUOTES TO BUYER: Susan Knotts at
WA 98908 5usan.Kno YakimaWA>Gov. Notate in Subject line Project Name &
Number
ISSUE DATE: May 8, 2026 DUE DATE/TIME: May 22, 2026, at 2:00 PM
Small Works Roster Project
Contractor must be signed up with WWWMRSCRtSTERS.QRG 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. hls is a Prevailin Yt1a e ro'et.
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 of Insurance
Awarded Contractor is required to submit a Certificate of Insurance before Contract is signed. 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," per the attached sample, with the same limits of coverage. The Certificate
needs to be addressed as shown arts! include an attached Addi ioal Insured Endorsernent and an e licit waiver of
sttbro ation 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 attached contract for
further details.
Site Visit
An onsite meeting will be held on Wednesday, May 14, 2026, 10:00 a.m. at the City of Yakima Water Treatment Plant, 6390
Highway 12, Yakima WA, 98908.
The site meeting is not mandatory; however, interested parties are strongly urged to attend as this is a secure site and access
at any other time will not be permitted.
Questions
All questions shall be submitted to the Buyer Susan Knotts at Susan.Knotts YaklmaWA.Govthree (3) days before the
Quote due date.
Coordination of Work
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.
Work Hours and Schedule
Work to be completed M -F, 8:00 a.m. to 5:00 p.m., excluding legal holidays
City of Yakima Small Works— Invitation to Quote #22619S Page 1 of 22
City of Yakima Small Works - Invitation to Quote #226195 Page 2 of 22
'a
Quote to include all electrical work, permits, and inspection as required along with all Labor & Industries required reports,
documents and filing fees.
Please list below any additional parts or equipment required (included in total quote amount)}
If Bidder quotes an alternate process for City consideration, please describe below:
L_ ____
City of Yakima Small Works - Invitation to Quote #226195
Page 3 of 22
QUOTE FORM
CONTRACTOR TO FILL OUT THIS SECTION
Number of Days to Complete Work: Comments:
Lead time on Equipment: 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 8.2%: $
TOTAL: $
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 Title
Print)
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#226195 Page 4 of 22
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE # 22619S
A. Additional Work
Any additional workfound necessarythat is not specified in the co e of t or 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 guarantee, expressly or by implication, that the actual
amount of work will correspond to the estimated quantities. Bidder is yes onsible for verification of
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.
E. 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.
F. 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:
htt s:vww. aieirnava, ov services codes 'for information. Contractor is responsible for filing 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. 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.
City of Yakima Small Works — Invitation to Quote #22619S Page 5 of 22
H. 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 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.
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.
J. 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.
K. 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.
L. No Disturbance
The Contractor shall not disturb grounds or materials outside the sphere of the contracted project.
M. 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
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.
N. 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.
City of Yakima Small Works - Invitation to Quote #226195 Page 6 of 22
O. Repair or Replacement
The work shall consist of repairing any incidental damages to walls, moldings, electrical, flooring,
landscaping, fencing, paved areas, topsoil, 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.
P. Mobilization and Demobilization
Mobilization shall be included in the base unit price for each work order and shall consist of preparatory
work and operations performed by Contractor, including his personnel, equipment, supplies and
incidentals to the project site. No separate measurement or payment will be made for costs associated
with mobilization and demobilization.
Q. Final Inspection and Acceptance
When the Contractor considers the workphysically 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 and 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 occur
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 ensure 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.
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 #226195 Page 7 of 22
EXHIBIT
Q a t ►r a uote 'ro oaa
Contractor's Quote and Pricing
111Page
CITY OF YAKIMA SMALL WORKS ROSTER PROCESS
INVITATION TO QUOTE # 22619S
FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000
PROJECT NAME: HVAC Air Handler System CITY PROJECT COORDINATOR NAME/NUMBER: Kevin Rivard, Water
with Heat Pump Treatment Plant Operator III, (509) 575-6177
LOCATION: 6390 Highway 12, Yakima, RETURN QUOTES TO BUYER: Susan Knotts at
WA 98908 usan Knotts Y ki W'A.tsov. Notate In Subject line Project Name &
Number
ISSUE DATE: May 8, 2026 DUE DATE/TIME: May 22, 2026, at 2:00 PM
QUOTE FORM
Small Works Roster Project
Contractor must be signed up with WWMf,. R CROST RS.O in order to respond to this Invitation to Quote.
payment. See attached contract for further details.
Certificate of Insurance
Awarded Contractor is required to submit a Certificate of Insurance before Contract is signed. 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," per the attached sample, with the same limits of coverage ¢ The Certificate
needs to be addressed as shown and Incl�sde ao attached tidi I ra I In u d ndorsemerst nd `n ex licit waiver of
subroKation 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 attached contract for
further details.
Site Visit
An onsite meeting will be held on Wednesday, May 14, 2026, 10:00 a.m. at the City of Yakima Water Treatment Plant, 6390
Highway 12, Yakima WA, 98908.
The site meeting is not mandatory; however, interested parties are strongly urged to attend as this is a secure site and access
at any other time will not be permitted.
Questions
All questions shall be submitted to the Buyer Susan Knotts at Susan.Knott YakimaWWA.Oovthree (3) days before the
Quote due date.
Coordination of Work
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.
Work Hours and Schedule
Work to be completed M -F, 8:00 a.m. to 5:00 p.m., excluding legal holidays
City of Yakima Small Works —Invitation to Quote #226195 Page 1 of 22
QUOTE FORM
Scope of Work
Purchase and install new, unused, HVAC system with heat pump and air handler equal to existing unit or approved equal to
existing unit including manufacture required parts for safe and proper operation. Quote to include:
• duct work
• " condensate drain work
• electrical hookup
• complete startup.
• removal and disposal of old equipment and parts.
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 manufacturers' recommendation, using specified materials and
brands or approved and acceptable equal.
Air handler is located on 2"d floor of building and heat pump is located on roof, approximately 22 feet from ground level.
Recommended Process/Materials
5 Ton HVAC air handler system with heat pump.
See photos below of current unit.
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City of Yakima Small Works — Invitation to Quote #22619S Page 2 of 22
I1!
QUOTE FORM
CONTRACTOR TO FILL OUT THIS SECTION
Number of Days to Complete Work: /0 Comments:
Lead time on Equipment: J fv % C?CL Quote is Firm for S O Days (Minimum of 30 Days)
Guarantee: ✓ (Minimum of one (1) year on work) Warranty: L (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 8.2%:
TOTAL:
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
LJ tds t$ ilJd1 1�`,iC, fL'f ` L 1Y'l
Name of Authorized Company Representative (Type or Title
Print)
f Pro
Signature of Above Email Address
WMBflDBE 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 #22619S Page 4 of 22
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.
.7 oo-
c. Have a Washington repartment 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? /) C7 (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? /i (? (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? C S (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
Is Contractor in compliance?
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 #226195 Page 8 of 22
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 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 onetime 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:
gna 'e
Printed Name, Title
7 r,
fie®
Date
City of Yakima Small Works — Invitation to Quote #226195 Page 9 of 22
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, 49.48, 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.
1 7 ruc.f Ic�� t? {-®
Bidder
Si at e f Authorized Official*
Sep' ' usf' Y -
Printed Name
/ _ _ ,c)
Title
-- Z - O1 6 A1c , r -
Date City State
Check One:
Individual ❑ Partnership ❑ Joint Venture ❑ Corporation I
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 #22619S Page 10 of 22