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Total Energy Management - COY Quote #22433S HVAC Replacement - Courtroom #2
AGREEMENT CITY OF YAKIMA QUOTE #22433S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Total Energy Management, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: . Scope of VVork 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 #22433S titled Fl " C Replacement . Courtroom #2 and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by December 1, 2024. 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 he required for the transfer of materials and completing the work provided for in this Contract and every pan thereof, except such as are mentioned' in the specifications to be furnished by the City of Yakima. . Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship be n 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 tunes be the property of the City and shalt 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. 224335 Agreement 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 Page l of 8 compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 8. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 9. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. Contractor must provide proof of a valid Washington Department of Revenue state excise tax registration number, as required in Title 85 RCW. b. Contractor must provide proof of a valid Washington State Contractor Registration number, c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 82 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. Foreign (ion -Washington) o rations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 22433S Agreement Page 2 of 8 10. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12,01 t - 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„40 .. 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: fittos.fflni,wa. ovllicensinu- ernlits ubjic-works- r°olectsibrevaili -wage-rues. 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, September 18, 2024. 11. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with W42.6.23O, 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 42,56230 (7)(a) PersonalInformation 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 39.12,1 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 296-12 32 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 296-127.01 (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 i wfi µi ;(), 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 9:12.060. 12. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). 224335 Agreement Page3of8 This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. Contractor agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the Contractor's noncompliance with the non-discrimination clause of this contractor with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of the bid. Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City. 13. Pay Transparency Nondiscrimination Provision The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attomeys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. 224335 Agreement Page 4 of 8 e. The terms ofthis section shall survive any expiration or termination of this Contract. 15. Contractor's Uabi|itxInsurance /�all VmesdUhngpo�V—~nQ8{f the Gem�esand ��CnDV3t.Con�GV�rshaUsecure and m�n���eYm��sV�Ooe0}on��\ th�CUvand CnntraCh)'--'�nd8g�n�aDyaVd�l��mS.damages.�Vs8s.andexpeOSes ah9ingout Df0rre8V|8Dg�Jm�e � -''8n�8����C—'-- Con�a�orca[de8high�rCnYe�ge{kOhs than the |imds stated below, such higher limits shall be ��n�nn novmc�. v shVwnon the Certificate `~-- '-- --cd|nSu' 'cand Endorsements higher shall benamed 8S8nadditional insured for such higher limits. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the righttoreqUih- her limits should it deem it necessary in the best interest qfthe public. Contractor WUprovide a Certificate of Insurance to the C����8m���o�8 o� and o��d��n. A copy ofthe additional �sV�en dorsement ' policy will beincluded with the certificate. This Certificate Ofinsurance shall beprovided iuthe City, prior h)commencement ofwork. 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 |naUnaOoo with respect to V1V8e who are Additional Insureds under this Contract.Any insurance, ��4nou[8noe or insurance pool coverage maintained bvthe ChvshaU be in excess of the Contractor's inaun9nc~K ondnoUhnrth8�bynoritoinoUnonoepmv|denSshaUoorddbUte<Q8nyoettlnn settlements, defense costs, V[other payments made by Contractor's insurance. All additional insured endorsements required by this Section shall include an explicit waive[ of subrogation. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City tnterminate the Contract. The following insurance is required: a. Commercial Liability Insurance Before this Contract is rfully executed bv�op8�o9.Co��n[sh�p��de#�� �w�ce rtificate c������ R�� proof of commercial liability insurance with o 0iOimVnl liability limit of Two MU||On Dollars ($2,000.000.00) per occurrence, combined single limit bodily | 'uryondpnope�ydmnn@De.andTvoK80�mDoU�s($2'8OO.00�U0genuF� aggregate. |fCnn1r�o,00rheshiQhe[coverage limits, auchUmits shall be shown 0nthe CeMifiCate ofInsurance and Endorsements and the City, its elected and appointed offida|S,employees, agents, attorneys and volunteers shall be named oaadditional 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 beineffect for the duration nfthis Contract. The certificate of insurance and additional insured endorsement shall name the City of YokiUna, its elected and appointed officials, employees, agents, attorneys and volunteers aGadditional insureds, and shall contain aclause that the insurer will not cancel Vr change the insurance without finStgiving the City prior wnften nodce. The insurance shall be with an insurance company or companies rated A-V|| Orhigher in Be3t's Guide and admitted in the State of VVashioQ0DO. Therequirements contained hW[ein, as well as City of YakirD@`V review or acceptance of insurance maintained by Contractor is not intended to and ShoU not in any manner limit orqualify the liabilities nrobligations assumed byContractor under this contract. b. Automobile Liability Insurance Before this Contractis � fully executed '����Contractor providethe City with ce rtificate of insurance as proof of8Utomobili ability wKhanlinimVnn�8�|dv||nnMofTwo Kd0|Vn0d|a/s�2.UOO.OUO.0Dper occurrence. |fCOO�� Contractor carries '0shigher SuYerage|inlKV.nuch||mnU3VhalCertificate Endorsements �m�s and the Cdv,U3eldand gppO��Uo�ci�s.em�Oyees.agents, a�m Voysand vo��eenV3h8Uhe named au8ddi8on3|inSU 'dsfor 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 boineffect for the duration ofthis 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 22433S Agreement Page snfo notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. c. Employer's Liability (Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. 16. Severability If any term or condition of this Contractor 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 #22433S, 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. 18. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event 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; Is excluded from federal procurement and non -procurement Contracts; Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; 224335 Agreement Page 6 of 8 I. Contractor performance threatens the health or safety of a City, County or municipal employee. Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract, 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. 19. Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual obligations. 20. Removal of Subcontractor If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 21. Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 23. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event 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. 24. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 26. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that 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. 224335 Agreement Page 7of8 27. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City of Yakima Purchasing Christina Payer, Buyer II 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: Total Energy Management George Grimes, Project Mgr, 2521 "Stevens Drive Richland, WA 99354 28. Survival The foregoing sections of this Contract, 1-27 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAK Manager City Jerk CITY CONTRACT O:.. �` 1 RESOLUTION List of Exhibits attached to this contract Exhibit A — Specifications Exhibit B — Contractors Quote Proposal 22433S Agreement TOTAL ENERGY MANAGEMENT p o�nteiry :lama oy George Gnmee George ' oN:oo=mtei Energyrwnaeemeriw Total Energy Menettemenl al George Grimes E eadmee®em ne cam „„.,.,.. Remo the author o me document By. Grimes yPDitt rs2�43oEEVeon0 Date: 10/16/2024 George Grimes Page 8of8 EXHIBIT A - SPECIFICATIONS (EXCLUDING ATTACMENT A - SAMPLE AGREEMENT) CITY OF YAKIMA SMALL WORKS - PUBLIC WORKS INVITATION TO QUOTE #22433S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: HVAC Replacement — Courtroom 2 LOCATION: N. 2"d and MLK Blvd. ISSUE DATE: September 18, 2024 CITY PROJECT COORDINATOR NAME/NUMBER: Martin Cueva-Ramirez, 509-728-6289 RETURN QUOTES TO: Christina Payer — 509-576-6696 Chrna. e akimawa4zov DUE DATE/TIME: October 2, 2024 2:00 PM PDT FOR 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 —Attachment B Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional insured Endorsement, or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See Attachment - A Sample Agreement for further details. Site Visit An onsite meeting will convene on Wednesday, September 18, 2024, 10:00 a.m., at the Yakima Police Department, located at 200 South Third Street, Yakima, WA, 98901. The site meeting is not mandatory; however, interested parties are strongly urged to attend. Coordination of Work Contractor will coordinate their work with the City of Yakima Project Coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F, 7:00 a.m. to 3:30 p.m., excluding legal holidays Scope of Work • Remove the existing RTU #3 in the YPD courtroom #2 area and replace it with a Lennox RTU M#KGB07454-PKG (6 ton); • Economizer, Roof curb, Crane, Remove existing controls and install on new unit; • Electrical with permit; • Gas tie into existing; • Prevailing Wage Labor/Quote must include prevailing wage 224335 HVAC Replacement — Courtroom #2 - YPD Page 1 of 14 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 (By Contractor): *Bidder may quote alternate process for City consideration: Yes ✓ or No ❑ CONTRACTOR TO FILL OUT THIS SECTION Number of Days to Complete Work: Comments: Quote is Firm for : Days (Minimum of 30 Days) Guarantee: (Minimum of one (1) year on work) Warranty: (Minimum One (1) years on materials) Delivery Terms: All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): To include all permit and Public Work filing fees Tax 8.3% TOTAL: 224335 HVAC Replacement — Courtroom #2 - YPD Page 2 of 14 In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with a ny other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name - Company Address Name of Authorized Company Representative (Type or Print) Title Signature of Above Email Address WMBE/DBE Vendor Certification Number (if applicable) Phone Number ❑ I hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received.) 22433S HVAC Replacement — Courtroom #2 - YPD Page 3 of 14 224335 HVAC Replacement — Courtroom #2 - YPD CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #224335 GENERAL SPECIAL IN UCTIONS A. 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". B. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Budder is responsible for verification of souare footage and unitsof measure, which are to be provided with Quote submittal C. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non -responsive. D. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid, the City of Yakima will comply according to the Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such information may not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. E. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. . 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://wwwNakimawa.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. G. Background Checks - Special Conditions for Yakima Police Department (YPD) Facilities All Contractors, employees, and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process in order to work in YPD facilities. This process must be completed no less than five (5) days prior to start of work. Contractors must also complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information Services (CJIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Page 4 of 14 Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check, they must be replaced and will not be allowed on site. There may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case -by -case basis. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects, will be fully compatible with the existing materials and equipment and that the work will conform to all requirements. Work not conforming to these requirements, including substitutions (if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work. All references to standards whether for materials, processes, assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards 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 224335 HVAC Replacement — Courtroom #2 - YPD Page 5 of 14 agencies that have utilities in place, and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is #811. O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. 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. Q. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies 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 waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. 224335 HVAC Replacement — Courtroom #2 - YPD Page 6 of 14 Each invoice submitted by the Contractor shall include two separate line items. The first line item is to refmctthetotal price ofthejobbeing invoiced, less ten percent (lO%)retmina8e.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. of 14 BIDDER RESPONSIBILITY CRITERIA FORM befit with ote Fo It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor #: Effective Date: Expiration Date: 2. Have a current Washington Unified Business Identifier (UBI) number; UBI #: 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? (Yes/No) 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt D Is Contractor in compliance? (Yes/No) 8. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 224335 HVAC Replacement — Courtroom #2 - YPD Page 8 of 14 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. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); 3. If applicable, have: a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person authorized to certify information included in Bidder Responsibility Criteria Form: Signature Printed Name, Title Date 224335 HVAC Replacement —Courtroom #2 - YPD Page 9 of 14 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. 224335 HVAC Replacement — Courtroom #2 - YPD Page 10 of 14 ATTACHMENT A - SAMPLE AGREEMENT - EXCLUDED 224335 HVAC Replacement— Courtroom #2 - YPD Page 11 of 14 ATTACHMENT B — SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT ACC)Rolif CERTIFICATE OF LIABILITY INSURANCE DATE (MMICIDITYYY) .......P.P", . ____Sw.-''' CURRENT DATE 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 H�LDER tMPORTANT If the certificate holder Is an AStXflONAL INSURED, the policy, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln poflCS5 may require an endorse thls serail te dcos not confer rights to the c tflcde hOd n Ueu of uch endo' PRODUCER INSURANCE AGENT ISSUING CERTIFICATE INSURED Entity Insured Address C AGENT SURE° p or A statement on AFFOROINCCOVERNIR 1,, NAM/ A-VIII OR BETTER, ADMITTED CARRIER t COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE 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 SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WW1 WOW' SOUeou CY plitt -7"- sTit , TYPECTINSWIANCE 4.0433,403,1,, , Lirm X 1 COMMERCIAL GENERAL MASI UTY I EACH OCCURRENCE I S 2.000(000 (WOLSOrTSIGIEFITTO— 7 . log 000 .i,..„;PRBLIUSiDt.toP,,,,mxi. 1„,„... • 1 ULM EtT2,rri_oria person i, ( $ ) 5,000 I START STOP I Peesoem. a ;my INJURY ( $ 1,000.000 DATE DATE I GENERAL AGGREGATE IS 4•000,q00 I I fltoovars...00,040emseis 4,000000 ) I , , ( 0010Peral SINGLE umrt t s '2,000.000 I I ; BODILY INJURY (Per person) l $ I,- l !START i STOP BODILY INJURY (Per scridintli $ i DATE i DATE I-- , tifilh, r ) $ I ()„ CLAIMS -MADE X I OCCUR A GE adantswits LIMIT APPLIES PER: POUCY Ill& LOC 0000 AUTOMOBILE IJABILJTY ( X ANY AUTO A OWNED SCHEDULED •-• („„, AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY „ AUTOS ONLY POLICY NUMBER POLICY NUMBER UMBRELLA LIAO OCCUR ( EXCESS UAB I DED 1. RETENtION S )(WORKERS COMPENSATI044, 1,ARD EMPLOYERSLIABILITY ARTNEREASCONE A f orFtcramcivocaexcLvoctit Mlandiriory in NH) ) r/IntRiPTION' .)"05 0ERATIOALS hatter • YIN N / A POLICY NUMBER STOP GAP/ EL ONLY !START I DATE STOP DATE 1 AC/CRENATE is 1 s ATinf. 1 ,..)<21.". I., si.. eack *motto ] s 1,000,000 otaaAsscx...4x ..EpoiA E,cytAPLOYEEuma iSs 11:000000:000000 I DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is requinte The Ctly of Yakima, its agents, emplowtee. authorized volunteers. elected and appointed officials are included as Primary/Non-Contributory additional insured with a Waiver of Subrogalion. See attached Additional Insured Endorsement. Alt HODERCANCELLATION City of Yakima Purchasing Department 129 N. 2nd St. Yakima, WA 98901 SHOULD ANY OF THE ;move DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE YON THE POUCY PROVISIONS, ALIIIHORIZP-D REPRESENTATIVE SIGNATURE 45 1948-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 224335 HVAC Replacement —Courtroom #2 - YPD Page 12 of 14 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured.. Information required to complete ttEs Sch A. Section 11 — Who Is An Insured is include as an additional Insured;: organization(s) shown in the Sc h ,'' lout only with respect to liability for "bodilyft)t/r/, property" damage" or "personal and adyertis ng injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the bcation(s) desig- nated above_ h above, will bt shown in tbe Declarations. 8. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply This insurance does not apply to 'bodily injury' or "property damage" occurring after. 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project 224335 HVAC Replacement —Courtroom #2 - YPD Page 13 of 14 POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF T NSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY ` COVERAGE PART POLLUTION N LIABILITY COVERAGE PART DESIGNATED ATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Where required by written contract or agreement executed prior to loss (except where not permitted by law) Onto anon required o rnpicte this Sehedul , if not shown ai ve, will be The fall is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To of Section N — Conditions: e waive any right of recovery against the percents) or organization(s) showri :n the Schedule above because of payments we make under tiros Coverage e Part: Such waiver by us applies only to the extent that the insured has waived its right of recovery against such e rigs) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. the i eciaraeons,. 224335 HVAC Replacement — Courtroom #2 - YPD Page 14 of 14 129 North 2nd Street Yakima, Washington 98901 (509) 575-6093 September 18, 2024 Dear Sir or Madam: Subject: Quote 22433S HVAC Replacement Courtroom #2 Addendum No. 1—Site Visit CHANGE: Site visit was listed as: Site Visit An onsite meeting will convene on Wednesday, September 18, 2024, 10:00 a.m., at the Yakima Police Department, located at 200 South Third Street, Yakima, WA, 98901. The site meeting is not mandatory; however, interested parties are strongly urged to attend. Should be: Wednesday, September 25, 2024, 10:00am Please acknowledge receipt of this addendum on the page three (3), of the Quote Form. If you have any questions please contact me at (509) 576-6696. Sincerely, Christina Payer, CPPB Buyer II - City of Yakima Purchasing CC: File M (509) 575-6093 D (509) 576-6696 F (509) 576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing EXHIBIT B - CONTRACTOR'S QUOTE PROPOSAL CITY OF YAKIMA SMALL WORKS - PUBLIC WORKS INVITATION TO QUOTE #22433S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: HVAC Replacement -Courtroom 2 LOCATION: N. 2"a and MLK Blvd. ISSUE DATE: September 18, 2024 CITY PROJECT COORDINATOR NAME/NUMBER: Martin Cueva-Ramirez, 509-728-6289 RETURN QUOTES TO: Christina Payer — 509-576-6696 Christina.paver@vakirnawa.eov DUE DATE/TIME: October 2, 2024 2:00 PM PDT iUOT OR 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 Prevail 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&ij prior to payment. See attached contract for further details. Certificate of Insurance —Attachment B Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement, or it will be returned = to you for correction and you will not be able to start work until it Is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See Attachment - A Sample Agreement for further details. Site Visit Q imp Die An onsite meeting will convene on Wednesday, September 4.8; 2024, 10:00 a.m., at the Yakima Police Department, located at 200 South Third Street, Yakima, WA, 98901. The site meeting is not mandatory; however, interested parties are strongly urged to attend. Coordination of Work Contractor will coordinate their work with the City of Yakima Project Coordinator listed above as to when work will be accomplished. Work shall be completed as agreed upon In the resulting contract. Work Hours and Schedule Work to be completed M-F, 7:00 a.m. to 3:30 p.m., excluding legal holidays Scope of Work • Remove the existing RTU #3 In the YPD courtroom #2 area and replace it with a Lennox RTU M#KGB07454-PKG (6 ton); Economizer, Roof curb, Crane, Remove existing controls and install on new unit; • Electrical with permit; • Gas tie into existing; • Prevailing Wage Labor/Quote must include prevailing wage 22433S HVAC Rplacement — Courtroom #2 - YPD Page 1 of 22 UOTE FO 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 (By Contractor): i// / C /'t/S' 6.,E- is-e-eliy P r'(27 4)r e& P /lam-.,© ,e r d (7-04 a „A" . ar-> r',!4rr-1.1 - � /4P 2J/4" y© a( OS -7 _Z *Bidder may quote alternate process for City consideration: Yes ✓ or No 0 CONTRACTOR TO FILL OUT THIS SECTION Number of Days to Complete Work: / Comments: Quote is Firm for 319 Days (Minimum of 30 Days) Guarantee: / (Minimum of one (1) year on work) Warranty: S (Minimum One (1) years on materials) Delivery Terms: All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum (Pre -Tax): To include all permit and Public Work filing fees 224335 HVAC Replacement — Courtroom #2 - YPD $ /9 Tax 8.3%: $ /op 294, 7/ TOTAL: $�/ K 2 %, 7/, tee. Page 2 of 22 UOTE FOR In signing this Quote we certify that we have not, either directly or indirectly, entered Into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with a ny other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address /2r cAlf d �-ii-G Lin �t Eir �' Sz / �"7�' t/�'NS 412 Gt ' Name of Authorized Company Representative (Type or Print) Title l 1.) e a n Number (if applicable) Phone Number (-COO J4, -9sa0, �7y1 Er I hereby acknowledge receiving Addendum (a) I , , (Use as many spaces as addenda received.) 22433S HVAC Replacement- Courtroom #2 - YPD Page 3 of 22 IDDER RESPONSitT'ff :R1TERIAi FORM (To be submitted ttrfttr.. Grote 0114 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 4: d 6 Effective Date: 9 - lS tpg, 224335 HVAC Replacement —Courtroom It2 - YPD Expiration Date: 67' —/3 Have a current Washington Unified Business Identifier (UBI) number; UBI #: (c, C + E'. S3,5" r< c4/ 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? e ms (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; # 5 7 . y9-(z) c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? /D (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? /V0 (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? Y (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? (..(1 /No) 8. Federal Suspension and Debarment: The contractor certifies, that neither it nor its "principals" (as defined in 49 CFR 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Page 8 of 22 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number (UBI); 3. If applicable, have: a. industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in Washington as required In Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? Signature by person authorized to certify information included in Bidder Responsibility Criteria Form: 22433S HVAC Replacement — Courtroom #2 - YPD Page 9 of 22 The bidder he date j provision of c assessment issued Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) within the three-year period immediately preceding the quote colic hat the bidder is not a ul" violator, s defined in R At 4948.082, pt any s 4 46, 49.48, or 49,52 RCW, as detecrriined by a final anti binding citation and notice of by the Department of Labor and Industries or eitrotigh a civil judgment entered by ascourt of limited or general jurisdiction. l certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. City State Check One: Individual ❑ Partnership 0 Joint Venture 0 Corporation E' 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. 22433E HVAC Replacement — Courtroom 142 - YPD Page 10 of 22