HomeMy WebLinkAboutYakima Mechanical - Agreement COY Quote #22425S AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE#22425S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and Yakima Mechanical, ("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 quote documents, which are all attached and incorporated herein as Exhibit A,
and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall
perform any alterations in or additions to the work provided under this Contract and every part thereof.
Work is estimated to be complete by October 31, 2024. Final work schedule shall be coordinated with Project Coordinator Adrian
Vasquez,Wastewater Maintenance Supervisor, (509)249-6821.
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 A, attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner
and upon the conditions provided for the Contract.
3. Agency Relationship between City and Contractor
Contractor shall,at all times,be an independent Contractor and not an agent or representative of City with regard to performance of
the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall
Contractor be authorized to enter into any agreement or undertaking for,or on behalf,of City.
4. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties,or interests accruing from
this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
5. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be
surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential,and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
6. Inspection and Production of Records
a. The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the City,but
the making of(or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe,and proper facilities,and/or send 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
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compensation payable under this Contract,or for a longer period if required by law or by the Washington Secretary
of State's record retention schedule, Contractor shall retain and provide the City access to(and the City shall have
the right to examine,audit and copy)all of Contractor's books,documents,papers and records which are related to
the Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the
expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving
the records have been resolved.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima records. They must be produced to third parties,if required pursuant to the
Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services
under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
7. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City.
The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver
these materials to the City.
8. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date
of completion and acceptance of the Services.
9. Best and 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.
10. 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.
11. 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.
12. Hazardous Material
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.
13. No Disturbance
The Contractor shall not disturb grounds or materials outside the sphere of the contracted project.
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14. 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.
15. 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.
16. 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.
17. 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.
18. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws,
rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or
otherwise. Contractor shall procure and maintain all applicable and necessary permits,licenses and approvals of any federal,state,
and local government or governmental authority or this project,pay all charges and fees,and give all notices necessary and incidental
to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all
charges,fees,and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 82 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010
or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
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f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in
the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima
at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event
that the award is made,prior to conducting any business in the City.
19. 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://Ini.wa.gov/licensing-permits/public-works-protects/prevailing-wage-rates.
Based on the quote submittal for this project,the applicable effective(start)date of this project for the purposes of determining
prevailing wages is the quote date,July 23, 2024.
20. 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 3,?2.3 C(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.
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21. Business License, Permits and Fees
All bidders shall have a valid and current business license issued by the State of WA Department of Revenue, Business Licensing
Service covering this type of work. Contractor shall also obtain and provide proof of a current City of Yakima business license
endorsement or license, as necessary.
It will be the Contractor's responsibility to procure any licenses or permits required to complete the project. The Contractor is
responsible for all traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or(509)
575-6126 or visit the Codes website at: https://www.yakimawa.gov/services/codes/for information.
Contractor is responsible for filling all Public Work paperwork and any charges or fees associated with the filings. All filing fees and
charges shall be included in the project's lump sum.
22. Nondiscrimination
During the performance of this Contract,the Contractor agrees as follows:
a. The Contractor shall not discriminate against any person on the grounds of race,creed,color, religion, national origin,
sex,age, marital status,sexual orientation,pregnancy,veteran's status,political affiliation or belief,or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW
chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment,upgrading,demotion,transfer,recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation,selection for training,and the provision
of Services under this Agreement.
b. RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group
members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or
services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with
these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of
subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said
minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of
the bid.
Nothing in this Agreement shall require Contractor or any of its subcontractors to take action that would be deemed
discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section
does not prohibit action that must be taken to establish or maintain the City of Yakima's eligibility for any federal
program, if ineligibility would result in a loss of federal funds to the City of Yakima.
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.
23. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about,discussed,or disclosed their own pay or the pay of another employee or applicant. However,employees who have access to
the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of
other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure
is(a)in response to a formal complaint or charge, (b)in furtherance of an investigation, proceeding, hearing,or action, including an
investigation conducted by the employer,or(c)consistent with the contractor's legal duty to furnish information.
24. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The
Contractor agrees to release,indemnify,defend,and hold harmless the City,its elected and appointed officials,officers,
employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
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Contractor,or any Contractor's agent or subcontractor,in performance of this Agreement,except for claims caused by
the City's sole negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity
that may be granted to it under the Washington State industrial insurance act,Title 51 RCW,solely for the purposes of
this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit
acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or
indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph,waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge
that they have mutually negotiated this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event
of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend,
shall be only to the extent of the Contractor's negligence.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in
any third party.
e. The terms of this section shall survive any expiration or termination of this Contract.
25. 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.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's
insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs,or other payments made
by Contractor's insurance.
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. All additional insured endorsements required by this Section shall include an explicit
waiver of subrogation.
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
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amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees,agents,attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage
amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and
Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting
from negligent acts of all Subcontractor(s). Contractor is responsible 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.
26. 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.
27. 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 and verification of Prevailing Wage
filings with Labor and Industries.
28. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity
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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.
29. Contract Documents
This Contract, 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.
30. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract,the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent,or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary,or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee.
Termination for Convenience
The City may terminate the Contract,without cause,by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services requested,at the sole discretion of the City,
multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole
discretion of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund
for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the
Contractor requesting the refund.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn,
reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the
notice of termination.
31. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual
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matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual
obligations.
32. Removal of Subcontractor
If dissatisfied with the background,performance,and/or general methodologies of any subcontractor,the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor
for any further work/services under this Contract.
33. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal
income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed
a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due.
34. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the
right of the party not in default to avail itself of any subsequent breach thereof. Leniency,delay or failure of either party to insist upon
strict performance of any agreement,covenant or condition of this Contract,or to exercise any right herein given in any one or more
instances,shall not be construed as a waiver or relinquishment of any such agreement, covenant,condition or right.
35. 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.
36. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
37. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County,Washington.
38. 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.
39. Change or Notice
Any alterations,including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in ownership of
the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as
possible, and in no event later than three (3) business days,after any decision by the Contractor to change or discontinue service
that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change
in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's
duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently
unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties
at their addresses as follows:
Quote 22425S AC and Air Handler-WWTP Page 9 of 11
TO CITY: City of Yakima Purchasing TO CONTRACTOR: 205 SOUTH 4TH AVE
Susan Knotts, Buyer II Yakima WA 989U2
129 North Second Street
Yakima,WA 98901
40. Survival
The foregoing sections of this Contract, 1-39 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 Y KIMA YAKIMA MECHANICAL
By: 944/tiAinifrteail.,
ity Manager
Date: ' '� b 1 ) Date: 9-11-2024
— "``xx Jamie Dunbar
yAKlry� ���
Attes �4 Print name)
LA L_
City'Clerk '\\
11\``l`GI
CITY CONTRACT NO: 14—I�77
RESOLUTION NO: )
ATTACHMENTS:Exhibit A Scope of Work and Compensation
Quote 224255 AC and Air Handler-WWTP Page 10 of 11
EXHIBIT A
Scope of Work and Compensation
Yakima Mechanical
Quote 224255 AC and Air Handler-WWTP Page 11 of 11
-YAKIMA Estimate
mechanical Date Estimate#
BURNERSRBTA RANT NREFRIGEOES HVACN- is 7/23/2024 2566
205 SOUTH FOURTH AVE YAKIMA,WA.98902
15091 469-2773 15091 248-4939
CITY OF YAKIMA WASTEWATER DIVISION
2220 E VIOLA
YAKIMA WA 98901
Project
Description Qty Cost Total
(High voltage electrical, unit pad, low voltage
control wiring, and thermostat to be reused)
Complete with:
* Removal and disposal of old equipment
* Line set to be cleaned and reused
* Drain material connections
* Reclaim Freon
* Return air rack
* Duct connections
* Low voltage electrical permits as required
* Start and check
Subtotal
QUOTE GOOD FOR 30 DAYS Sales Tax (8.3%)
Total
Page 2
firEYAKIMA Estimate
mechanical Date Estimate#
BURNERS•BOLERS-REFRIGERATION-CONTROLS /�23�2024 2-
RESTAURANT APPIJANGE5-MVAC
66
205 SOUTH FOURTH AVE YAKIMA,WA.98902
ism'469-2773 15091 248-493 9
CITY OF YAKIMA WASTEWATER DIVISION
2220 E VIOLA
YAKIMA WA 98901
Project
Description Qty Cost Total
Note: This quote may be withdrawn if not accepted
within 30 days. All work will be completed in
accordance with standard industry practices. Any
alterations or deviations from above specifications
involving extra cost will be executed only upon
written orders and will become an extra charge
over and above the estimate. HIGH VOLTAGE
CIRCUIT EXTENSIONS ARE NOT INCLUDED
AND ARE TO BE DONE BY OTHER.
(A\1.ar1Cl YJAL-, ? '2ES
ShtPpt►.�cI? Z/Es
CTA/Ltas� TiM�? u b dorm 3-� Ve
Subtotal $13,558.50
Sales Tax (8.3%) $1,125.36
QUOTE GOOD FOR 30 DAYS
Total $14,683.86
Page 3