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HomeMy WebLinkAboutM. Sevigny Construction, Inc. - Agreement AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE#22127S THIS AGREEMENT, entered into on the dated of last execution, between the City of Yakima, a Washington municipal corporation ("City"),and M.Sevignv 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 furnish all tools,materials,labor and equipment(collectively referred to as "Services")according to the procedure outlined in the specifications of Quote#22127S Titled New Patrol Office Construction- Yakima Police Department and the quote documents,which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s),which are by this reference incorporated herein and made a part hereof,and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete within forty(40)work days. Final work schedule shall be coordinated with Project Coordinator, Martin Cueva Ramirez,Building Superintendent,(509)728-6289. 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. Change Orders Any proposed change in this Contract shall be submitted to the other party,as listed herein,for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.Contractor may be required to provide a detailed cost estimate for the proposed change. 4. 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. 5. 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. 6. 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. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD 7. 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 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. 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. 8. 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. 9. 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. 10. Compliance with Law To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes. 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 have 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 procure a City of Yakima Business License and pay all charges,fees,and taxes associated with said license. 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 85 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 39.06.101 or 36.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39,12 RCW-Prevailing Wages on Public Work. a. RCW 39.12.010-the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040-Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid.Before an awarding agency may pay any sum due on account,it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed,each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid,certified by the Department of Labor and Industries. c. RCW 39.12,070-Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project,which is located in Yakima County,may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.ciov/Ini/wagelookunlnrvWaaelookuo.aspx. 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,October 8,2021. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office,located at 129 N 2nd Street,Yakima,WA 98901. Upon request,the City will mail a hardcopy of the applicable prevailing wages for this project. 12. Certified Payroll for Non-Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address,redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non-redacted Certified Payroll if City determines,in its sole discretion,that, such non-redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230(7)(a) Personal Information Exemption: Any record used to prove identity, age,residential address,social security number,or other personal information required to apply for a driver's license or identicard. RCW 39.12.010(4):An"Interested Party"for the purposes of this chapter shall include a Contractor,Subcontractor,an employee of a Contractor or Subcontractor,an organization whose members'wages,benefits,and conditions of employment are affected by this chapter,and the director of labor and industries or the directors designee. WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC 296 i2 R(3ii_4(1), and overtime hours worked each day and week,including any employee authorizations executed pursuant to WAC 296-127-32 2„ 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. 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.). City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD 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. In the event of the Contractors 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. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines,lawsuits,and other proceedings and all judgments,awards,costs and expenses(including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract,each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys'fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense,and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 ROW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractors indemnification,defense,and hold harmless obligations set forth above in section A,Contractor specifically waives any immunity granted under Title 51 RCW,and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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,shall 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 provisions of this section shall survive the expiration or termination of this Agreement. 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. Contractor shall provide and maintain in force insurance 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. 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 Two Million Dollars($2,000,000.00)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. City of Yakima Limited Public Works—Invitation to Quote 221275 New Patrol Office Construction,YPD Said policy shall be in effect for the duration of this Contract. The policy 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-VI' 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 policy 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 priorwritten notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap): Contractor and all Subcontractor(s)shall at all times comply with all applicable workers' compensation,occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. 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. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractors liability hereunder shall be limited to the extent of the Contractor's negligence. 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#221275,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, 129 No. 2nd St.,Yakima,WA,98901, and are hereby incorporated by reference into this Contract. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD 18. Termination-Convenience This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become effective thirty (30)days from the date such written notice is delivered to the applicable party to the Contract. 19. Termination-Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 20. 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 or 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. 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County,Washington. 23. Authority The person executing this Contract,on behalf of Contractor,represents and warrants that he/she has 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. 24. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier,facsimile or first class mail,certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: City of Yakima Purchasing TO CONTRACTOR: M Sevigny Construction Inc City Hall—Second Floor 1212 N. 16th Ave., Ste#1 129 North Second Street Yakima, WA 98902 Yakima,WA 98901 25. Survival The foregoing sections of this Contract, 1-24 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. CITY 0 YAKIMA M.SEVIGNY CONSTRUCTION,INC. 64L By: City Manager Date: C-L—0 ' ��•/Z��]]'I I 1 Date: 10/18/20 CITY CONTRACT NO: 0"I�I(o . RESOLUTION NO: � � P - �.-w Sevigny Attest: � .' (Prifrtn. 14a, City Clerk ; wAS� City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Quote 22127S New Patrol Office Construction, Yakima Police Department EXIBIT A Quote Specifications CITY OF YAKIMA LIMITED PUBLIC WORKS 1 "`�` INVITATION TO QUOTE # 22127S FOR NON-FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: CITY PROJECT COORDINATOR: New Patrol Office Construction-Yakima Police Department Martin Cueva-Ramirez,Build Superintendent,(509)728-6289 LOCATION: RETURN QUOTES TO: Zais Law&Justice Center 200 S.3`d Street,Yakima,98901 Susan.Knotts(aWakimaWA.Gov ISSUE DATE: DUE DATE/TIME: September 20,2021 October 8,2021 at 11:00 QUOTE FORM 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 is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project. 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 The City of Yakima requires a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample,with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement, or it will be returned to you for correction. Subcontractors are also required to submit a Certificates of Insurance with Additional Insured endorsement. Work will not be able to begin until a Certificate of Insurance with an attached Additional Insured Endorsement is accepted for both Contractor and any Subcontractors. See attached contract for further details. Site Visit Wearing of PPE and social distancing will be mandatory during the site visit. Please see the attached COVID-19 requirements for site visits. A site meeting is not mandatory;however,interested parties are strongly urged to attend. Site visits will be scheduled at the Law and Justice building on or before October 1,2021. No site visits will be scheduled after October 1,2021. To arrange a site visit,contact the Project Coordinator. Coordination of Work Contractor will coordinate his/her 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 Federal holidays. Contractor will coordinate work schedule with the Project Coordinator and any work outside of these limits must be preapproved. Scope of Work Contractor to provide all labor, material,and permits(as needed)to install additional walls to create a new office including; new walls, lighting, painting,doors,flooring, moving HVAC, electrical and data ports. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 1 of 19 QUOTE FORM 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 using the recommended process below, using specified materials and brands or approved and acceptable equal. Recommended Process/Materials: 1. Frame two(2) new walls to match existing walls to form 1 new office.Approximately 19 lineal feet of 10 foot tall wall. 2. Insulate new framed walls. 3. Hang and finish drywall on both sides of the new framed walls to match existing texture, prime and paint the new walls on both sides with Navajo White by Benjamin Moore. 4. Furnish and install one(1)3'x7'x6" hollow metal door frame to match existing door frames and paint with existing red (Custom color match at Standard Paint). 5. Furnish and Install one(1)3"x7"wood door rating to match existing with double pain 3/16" standard 60-minute fire- lite safety glass 6. Furnish and install hardware to match existing doors to include: • One(1) Lever handle brushed stainless with interchangeable core keyed to existing system • One(1)top jamb mounted door closer located on interior • One(1)wall mounted door stop 7. Furnish and install new carpet tiles,Shaw Entwine, color Koa from Standard Paint. 8. Furnish and install new 4" red rubber floor base board. 9. Furnish and install new electric wiring and termination on both ends for two(2) new duplex receptacles. 10. Furnish and install one(1) new motion sensor dimer light switch by the door. 11. Remove and dispose of existing ceiling lighting fixtures and replace with two(2) new 2'x4' LED ceiling lights. 12. Furnish and install new data wiring and termination on both ends for two(2)data ports in walls.Two(2)wires per data port. 13. Relocate HVAC air supplier *Bidder may quote alternate process for City consideration:Yes❑ or No Winning Bidder must procure materials and start work within 30 days of Notice of Award. Number of Days to Complete Work:40 work days. Comments: Quote is Firm for:90 Days Guarantee: Minimum of one(1)year on work. Warranty: Minimum of one(1)years on materials. Permit Required:Yes Q or No❑ 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): $ City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 2 of 19 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 Company Address Name of Authorized Company Representative(Type or Print) Title Signature of Above Email Address WMBE/DBE Vendor Certification Number(if applicable) Phone Number ❑ I hereby acknowledge receiving Addendum(a) , (Use as many spaces as addenda received.) City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 3 of 19 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE#22127S GENERAL/SPECIAL INSTRUCTIONS A. COVID-19 Precautions As the understanding of COVID-19 continues to evolve, so too have the health and safety requirements developed by governmental agencies, including the Centers for Disease Control, the Occupational Safety and Health Administration, and the Washington State Department of Health. The Washington State Governor issued an addendum to Proclamation 20-25. The Awarded Contractor shall meet the job site requirements set forth in the addendum and any subsequent addendums related to COVID-19 protocols for construction sites. In addition, for employees exhibiting symptoms of coronavirus COVID-19, Contractors will be required to adhere to CDC strategies. All costs relating to meeting these requirements shall be borne by the Contractor. https://www.CDC.Gov/Coronavirus/2019-ncov/Community/Guidance-Business-Response.html https://www.OSHA.Gov/Publications/OSHAFS-3734.pdf B. Additional Work Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate sheet entitled "Additional Materials/Labor Required". C. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Bidder is responsible for verification of square footage and units of measure, which are to be provided with Quote submittal. 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 to view a Contractor's bid, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. F. 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. G. Business License and Permits 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. 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 City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 4 of 19 (509) 575-6126 or visit the Codes website at: https://www.yakimawa.gov/services/codes/ for information. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. I. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects,will be fully compatible with the existing materials and equipment and that the work will conform to all requirements.Work not conforming to these requirements,including substitutions(if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work.All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards 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. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements.The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the 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. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 5 of 19 O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Q. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. R. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description,quantity, unit price,total price,location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post-work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. S. Retainage- Must be withheld at 10%in order to wave 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 City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 6 of 19 T. Site Visit Due to the COVID-19 pandemic and to ensure the safety of our employees and contractors all site visits shall be conducted as follows: • Site visits will be scheduled by contacting the Project Coordinator and will be scheduled on a first come, first served basis. • Each Contractor is required to maintain at least six(6)feet of separation from city staff as well as all other personnel present for the site visit. • Every person at the site visit is required to wear a face mask and protective gloves. Masks and gloves will be provided by the City upon request. Additional personal protective equipment may be used by the Contractor or staff and is encouraged. If a contractor does not request masks and gloves, and does not have the required protective equipment at the time of the site visit, the site visit will not occur. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 7 of 19 BIDDER RESPONSIBILITY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW,which must have been in effect at the time of quote submittal; Contractor#: Effective Date: Expiration Date: 2. Have a current Washington Unified Business Identifier(UBI) number; UBI #: 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? Yes/No b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? Yes/No 5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? Yes/No 6. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320,not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision,or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? Yes/No 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt ❑ Is Contractor in compliance? Yes/No City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 8 of 19 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts,and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number(UBI); 3. If applicable, have: d. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; e. A Washington Employment Security Department number as required in Title 50 RCW; f. 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. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320, 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? City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 9 of 19 ICI . . Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( ), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 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. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 10 of 19 AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE#22127S THIS AGREEMENT, entered into on the dated of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall perform all work and service(s)and furnish all tools, materials, labor and equipment(collectively referred to as "Services")according to the procedure outlined in the specifications of Quote#22127S Titled New Patrol Office Construction- Yakima Police Department and the quote documents,which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof,and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete within forty (40) work days. Final work schedule shall be coordinated with Project Coordinator, Martin Cueva Ramirez, Building Superintendent, (509)728-6289. 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. Change Orders Any proposed change in this Contract shall be submitted to the other party,as listed herein,for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.Contractor may be required to provide a detailed cost estimate for the proposed change. 4. 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. 5. 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. 6. 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. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 11 of 19 7. 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 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. 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. 8. 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. 9. 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. 10. Compliance with Law To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes. 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 have 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 procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. 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 85 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 39.06.101 or 36.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 12 of 19 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW-Prevailing Wages on Public Work. a. RCW 39.12.010-the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040-Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed,each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070- Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.qov/I n i/wacielookup/prvWagelookup.aspx. 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, October 8, 2021. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located at 129 N 2nd Street,Yakima,WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing wages for this project. 12. Certified Payroll for Non-Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non-redacted Certified Payroll if City determines, in its sole discretion, that, such non-redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230(7)(a)Personal Information Exemption: Any record used to prove identity, age, residential address,social security number,or other personal information required to apply for a driver's license or identicard. RCW 39.12.010(4):An"Interested Party"for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor,an organization whose members'wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC 296-127-014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296-127-022, and the actual rate of wages paid,for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2)A Contractor shall,within ten days after it receives a written request,from the department or from any interested party as defined by RCW 39,1 2.U 1 I,(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. 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.). City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 13 of 19 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. 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. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits,and other proceedings and all judgments,awards,costs and expenses(including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys'fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification,defense,and hold harmless obligations set forth above in section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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,shall 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 provisions of this section shall survive the expiration or termination of this Agreement. 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. Contractor shall provide and maintain in force insurance 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. 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 Two Million Dollars($2,000,000.00)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. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 14 of 19 Said policy shall be in effect for the duration of this Contract. The policy 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 policy 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 to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. 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. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 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#22127S, 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, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 15 of 19 18. Termination-Convenience This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become effective thirty (30)days from the date such written notice is delivered to the applicable party to the Contract. 19. Termination-Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail, certified with return receipt requested. 20. 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 or 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. 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 23. Authority The person executing this Contract,on behalf of Contractor,represents and warrants that he/she has 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. 24. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier,facsimile or first class mail,certified with return receipt requested. Notices to the parties shall be delivered to: TO CITY: City of Yakima Purchasing TO CONTRACTOR: City Hall—Second Floor 129 North Second Street Yakima,WA 98901 25. Survival The foregoing sections of this Contract, 1-24 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. CITY OF YAKIMA (ENTER CONTRACTOR NAME) By: City Manager Date: Date: Attest: (Print name) City Clerk City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 16 of 19 0 rp 0 C Exr�ting Walls a n, \\\ N. r 3 N. o- New Walls-` .,.., c \ -N o New Office Captain Boyle's Office Z 1 m D a 1.1 1 \. -I o \ 0 A c o ,� 0 \MIMI/ "TI N T N 1-' / l 7 N m,./ N ro * T6' 0 CO N O 73 o We will be adding two walls onto the existing walls already created by Captain Boyle's C CD office.These news walls are highlighted in q o 0 7 Z•, n T I- 0 D 0 -< 0 o 73 -v Z v c, 00 CD r O F+ Up SAMPLE OF REQUIRED CERTIFICATE OF INSURANCE ACORIJ CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDiYYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON FACT INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE PHONE FAX WC,No,EMI. 1NC,No) EMAIL ADDRESS INSURER()AFFORDING COVERAGE NAIC s INSURER A A-VII OR BETTER.ADMITTED CARRIER INSURED INSURER B ENTITY =..:' REC INSURER C: — —ADDRESS INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MI -ADTICLTR TYPE OF INSURANCE INSD SWVD POLICY NUMBER InINDOPOutN/YY1 IPA mYVI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2.000.000 •DAMAGE TO RENTED - CLAIMS-MADE X (iC_,ip PREMISES(Ea occ .c.) $ 100,000 START STOP MED EXP(My one parson) S 5,000 A POLICY NUMBER PERSONAL&POVINJURY $ 2,000.000 GENt.AGGREGATE LIMIT APPLIES PER DATE DATE GENERAL AGGREGATE S 2,000,000 __POLICY JE 4 _ __LOC PRODUCT_S-COMP/OP AG G 5• OTHER S AUTOMOBILE LIABILITY y COMBINED SINGLE LIMIT S 2,000,000 .lEa ecpdeniL_ __ _ ,X ANY AUTO START STOP BODILY INJURY(Per person) S D SCHEDJLEO A OWNED POLICY NUMBER BODILY INJURY Per accident) S AUTOS ONLY _AUTOS DATE HIRED NON-OWNED DATE 'PROPERTY DAMAGE _-AUTOS ONLY _AUTOS ONLY ._lpar acpdenti_ UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 EXCESS UAB CLAIMS-MADE AGGREGATE_ _ 5 DED RETENTIONS �5 WORKERS COMPENSATION P R' PERTUTE X TRH_ AND EMPLOYERS'LIABILITY ANYPROPRIETORPARTNEEXECUTIVE Y N START STOP E L EACH ACCIDENT S 1.000,000 A OFFICERAAEMBEREXCLUDED, NIA POLICY NUMBER - - - - ------ --- (Mandatory In NHI DATE DATE E L.DISEASE•EA EMPLOYEE S 1.000.000 nyes.aasrnbauntler Stop Gap EL or.." — —_ DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 5 1.000.000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES ACORD 101.Addrtwnal Remarks Scheduw.may be attached./ i r i 1 Y a more span• pu rid! The City of Yakima and the County of Yakima,its agents,employees,authorized volunteers,elected and appointed officials are included as Primary/Non-Contributory additional insureds. See attached Additional Insured Endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of Yakima/Cavity of Yakima ACCORDANCE WITH THE POLICY PROVISIONS Purchasing Department AUTHORIZED REPRESENTATIVE 129 N 2nd St Yakima WA 98901 SIGNATURE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 18 of 19 SAMPLE OF REQUIRED ADDITIONAL ENDORSEMENT POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modi ies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials. parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule. but only with respect to I- such work, on the project (other than ability arising cut of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov additional insureds, the following exclusion is ered operations has been completed; or added (2) That portion of "your work" out of which 2. Exclusions the injury or damage arises has been put to its intended use by any person or This insurance does not apply to "bodily injury" organization other than another or"property damage" occurring after: contractor or subcontractor engaged in performing operations for a principal as a part of the same project. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 19 of 19 Quote 22127S New Patrol Office Construction, Yakima Police Department EXIBIT B Contractor's Quote and Payment Schedule v , =+� CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE#22127S FOR NON-FEDERALLY FUNDED WORK BETWEEN$10,000-35,000 PROJECT NAME: CITY PROJECT COORDINATOR: New Patrol Office Construction-Yakima Police Department Martin-Cueva Ramirez,Build Superintendent,(509)728-6289 LOCATION: RETURN QUOTES TO: Zals Law&Justice Center 200 S.3'd Street,Yakima,98901 Susan.Knotts(6)YokimaWA.Gov ISSUE DATE: DUE DATE/TIME: September 20,2021 October 8,2021 at 11:00 QUOTE FORM 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 is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project. 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 The City of Yakima requires a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured"per the attached sample,with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement,or it will be returned to you for correction. Subcontractors are also required to submit a Certificates of Insurance with Additional Insured endorsement. Work will not be able to begin until a Certificate of Insurance with an attached Additional Insured Endorsement is accepted for both Contractor and any Subcontractors. See attached contract for further details. Site Visit Wearing of PPE and social distancing will be mandatory during the site visit. Please see the attached COV/D-19 requirements for site visits. A site meeting is not mandatory;however,interested parties are strongly urged to attend. Site visits will be scheduled at the Law and Justice building on or before October 1,2021. No site visits will be scheduled after October 1,2021. To arrange a site visit,contact the Project Coordinator. Coordination of Work Contractor will coordinate his/her 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 Federal holidays. Contractor will coordinate work schedule with the Project Coordinator and any work outside of these limits must be preapproved. Scope of Work Contractor to provide all labor,material,and permits(as needed)to install additional walls to create a new office including; new walls,lighting,painting,doors,flooring, moving HVAC,electrical and data ports. City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 1 of 19 QUOTE FORM 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 using the recommended process below,using specified materials and brands or approved and acceptable equal. Recommended Process/Materials: 1. Frame two(2)new walls to match existing walls to form 1 new office.Approximately 19 lineal feet of 10 foot tall wall. 2. Insulate new framed walls. 3. Hang and finish drywall on both sides of the new framed walls to match existing texture,prime and paint the new walls on both sides with Navajo White by Benjamin Moore. 4. Furnish and install one(1)3'x7'x6"hollow metal door frame to match existing door frames and paint with existing red (Custom color match at Standard Paint). 5. Furnish and Install one(1)3"x7"wood door rating to match existing with double pain 3/16"standard 60-minute fire- lite safety glass 6. Furnish and install hardware to match existing doors to include: • One(1) Lever handle brushed stainless with interchangeable core keyed to existing system • One(1)top jamb mounted door closer located on interior • One(1)wall mounted door stop 7. Furnish and install new carpet tiles,Shaw Entwine,color Koa from Standard Paint. 8. Furnish and install new 4" red rubber floor base board. 9. Furnish and install new electric wiring and termination on both ends for two(2)new duplex receptacles. 10. Furnish and install one(1)new motion sensor dimer light switch by the door. 11. Remove and dispose of existing ceiling lighting fixtures and replace with two(2)new 2'x4'LED ceiling lights. 12. Furnish and install new data wiring and termination on both ends for two(2)data ports in walls.Two(2)wires per data port. 13. Relocate HVAC air supplier *Bidder may quote alternate process for City consideration:Yes❑ or No El Winning Bidder must procure materials and start work within 30 days of Notice of Award. Number of Days to Complete Work:40 work days. Comments: Quote is Firm for:90 Days Guarantee:Minimum of one(1)year on work. Warranty:Minimum of one(1)years on materials. Permit Required:Yes xQ or No❑ 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): $ 18,640.00 City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 2 of 19 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 Company Address M Sevigny Construction Inc 1212 N. 16th Ave., Yakima, WA 98902 Name of Authorized Company Representative(Type or Print) Title Erik Remillard Project Manager if re of . Email Address erik@msevigny.com BE/DBE Vendor Certification Number(if applicable) Phone Number N/A 509-953-3818 [$] I hereby acknowledge receiving Addendum(a) , (Use as many spaces as addenda received.) City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 3 of 19 BIDDER RESPONSIBILITY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria: 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#: MSEVISC932OK Effective Date: 9/12'/2007 Expiration Date: 10/30/2021 2. Have a current Washington Unified Business Identifier(UBI) number; UBI#: 602-749-875 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 Yes/No b. Have a Washington Employment Security Department number,as required in Title 50 RCW; # 000-379614-00-0 c. Have a Washington Department of Revenue state excise tax registration number,as required in Title 82 RCW; # 26-0653305 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? No Yes/No S. 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? No Yes/No 6. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio,without appropriate supervision,or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? Yes Yes/No 7. Per RCW 39.04.350 and RCW 39.06.020,has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt Xi Is Contractor in compliance? Yes Yes/No City of Yakima Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 8 of 19 \ l S Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date ( 9/20/2021 ), 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. M Sevigny Construction Inc Bidder Signature of Aut ized Official* Matthew Sevigny Printed Name Vice President Title 10/7/2021 Yakima _ WA Date City State Check One: Individual 0 Partnership 0 Joint Venture 0 Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Washington 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 Limited Public Works—Invitation to Quote 22127S New Patrol Office Construction,YPD Page 10 of 19 ��...N MSEVIGN-02 DMARTINEZ '4`oRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Terri!,Lewis&Wilke Insurance,Inc. PHONE FAX P.O.Box 1789 (A/C,No,Ext):(509)248-3515 (A/C,No):(509)248-3673 Yakima,WA 98907 E-MAIL Cetts@tlwins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 8 INSURER A:Union Insurance Company 25844 INSURED INSURER B: M Sevigny Construction,Inc. INSURER C: 1212N16thAve Suite 1 INSURER D: Yakima,WA 98902-1348 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL'SUBR POLICY NUMBER POLICY EFF POLICY EXP ' LIMITS LTRINSR WVD 'IMM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPA6031970 9/12/2021 9/12/2022 pREM SES Ea ocw ence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE JEI;LIMITRoT_APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea acciden) $ X ANY AUTO CPA6031970 9/12/2021 9/12/2022 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOSIRE ONLY AUTOSO EDD AUTOS ONLY AUTOS ONNLY PROPERTYPr cint)SAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CPA6031970 9/12/2021 9/12/2022 I AGGREGATE $ 5,000,000 DED X I RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Yakima and their agents,employees,authorized volunteers,elected and appointed officials are named as additional insureds as per written contract per form CLCG2071 0916 attached as respects work performed by the named insured.Coverage is primary and non-contributory per form CLCG2071 0916 attached; CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Yakima Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 129 N 2nd St Yakima,WA 98901 AUTHORIZED REPRESENTATIVE — e ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CLCG20710916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II-WHO IS AN INSURED is amended For purposes of this endorsement,throughout to include as an additional insured any person(s) the policy, the terms "you" and "your"refer to or organization(s) when you are obligated by the Named Insured shown in the Declarations. virtue of a written contract or agreement that B. Exclusions such person or organization(s) be added as an additional insured to your policy. With respect to the insurance afforded to these Such person(s)or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property injury" or "property damage" or "personal and damage"arising out of: advertising injury"caused, in whole or in part by: 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, or but only with respect to either or both of the following operations: (2) The acts or omissions of those acting on a. Providing engineering, architectural or behalf of the Named Insured; surveying services to others in your and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" or "personal and wrongdoing in the supervision, hiring, advertising injury". employment, training or monitoring of others by that insured, if the"occurrence"which caused the However: "bodily injury"or"property damage",or the offense which caused the "personal and advertising a. The insurance afforded to such additional injury", involved the rendering of, or the failure to insured only applies to the extent permitted by render,any professional architectural,engineering law; and or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are a. Preparing,approving,or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities D. Other Insurance performed as part of any related For purposes of this endorsement,the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary: employed by you or performed by or for the This insurance is excess of all other insurance construction manager, its employees or its available to an additional insured whether on a subcontractors in connection with your ongoing operations. primary, excess, contingent or any other basis. But, if required by a written contract or written C. Limits of Insurance agreement to be primary and noncontributory,this With respect to the insurance afforded to these insurance will be primary to and will not seek additional insureds,the following is added to contribution from any insurance on which the Section Ili-Limits Of Insurance: additional insured is a Named Insured. If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc.,with its permission