Loading...
02/19/2019 06O Snow Removal Equipment Agreement with M-B Companies, Inc. 1 to\'4\lyy tbxk ik 1 d + -1 • r PPP P P Pd PPi '.l P 1 ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.0. For Meeting of: February 19, 2019 ITEM TITLE: Resolution ratifying the City Manager's execution of an agreement with M-B Companies, Inc. to provide required Snow Removal Equipment for the Yakima Air Terminal-McAllister Field SUBMITTED BY: Robert K. Peterson,Airport Director, 509-575-6149 SUMMARY EXPLANATION: The February 5, 2019 City Council meeting was postponed due to a major snow event, therefore to expedite the snow removal equipment approval process and submit the City's equipment order ahead of a much larger order, the City Manager executed the attached contract, which is now submitted for City Council ratification. The Yakima Air Terminal-McAllister Field is in the process of acquiring Snow Removal Equipment under a Federal Aviation Administration (FAA)funded Airport Improvement Project 3- 53-0089-38. Through close coordination with the FAA, it is recommended that the airport acquire two additional pieces of Snow Removal Equipment (High Speed Runway Brooms)to assist the airport in upholding required airfield safety standards. Through a competitive bidding process the airport received four bids which were evaluated and a lowest responsive and responsible bidder was identified. This agreement will award the contract to M-B Companies, Inc. in the amount of one million, one hundred forty-eight thousand, nine hundred twenty-one dollars, and seventy cents ($1,148,921.70)to assemble and provide the two pieces of Snow Removal Equipment for the Yakima Air Terminal-McAllister Field. Funding for this project was secured in 2017 where ninety percent is funded through a grant obtained with the Federal Aviation Administration and the remaining ten percent with the Passenger Facility Charge program. The City general fund is not affected by this project. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety 2 APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date Type D reso 25/2019 Cc\er Memo D YKM Approval Z7,7019 Ccwr Memo D YKM FAA approval 2/13/2019 Cover Menlo Bid Tabulation 1,25E2019 Guyer Men iu Contract lb Be Signed 1/9/2019 Ccrrtract 3 RESOLUTION NO. R-2019- A RESOLUTION ratifying the City Manager's execution of an agreement with M-B Companies, Inc. to provide required Snow Removal Equipment for the Yakima Air Terminal- McAllister Field. WHEREAS, the City owns and operates Yakima Air Terminal-McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, in 2016, the Federal Aviation Administration (FAA) adopted new safety standards applicable to winter weather operations (Takeoff and Landing Performance Assessment) to increase safety measures for commercial, corporate, and General Aviation aircraft that operate during snow and ice conditions; and WHEREAS the Yakima Air Terminal-McAllister Field, in conjunction with the FAA, have determined the need for additional Snow Removal Equipment, identified in the airport's Snow and Ice Control Plan, to meet the new safety standards; and WHEREAS, the Yakima Air Terminal-McAllister Field advertised the need for the additional snow removal equipment under a competitive bidding process and received four bids that were thoroughly evaluated; the airport has identified the lowest responsive and responsible bidder and has provided a letter of recommendation to the FAA to award the bid on that basis; and WHEREAS, the FAA has approved the award and the City is prepared to enter the contract with M-B Companies, Inc., attached hereto and incorporated herein by this reference, to assemble and provide the specialized Snow Removal Equipment the Air Terminal requires; and WHEREAS, time is of the essence and the City must enter the contract as soon as possible in order to place the order with M-B Companies ahead of a much larger order that is about to be approved by the FAA at another location with the same manufacturer, risking a significant delay in the already lengthy production process; and WHEREAS, the February 5, 2019 City Council meeting was postponed due to a major snow event, therefore to expedite the snow removal equipment approval process and submit the City's equipment order ahead of a much larger order, the City Manager executed the attached contract and submitted it on the next occurring Council agenda for City Council ratification of the execution; and WHEREAS, the City Council has determined that ratification of this agreement will promote the purposes of the Yakima Air Terminal-McAllister Field, will promote increased aviation safety as well as provide for the general health, safety and welfare of the citizens and is therefore in the best interests of residents of the City of Yakima; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager's execution of the attached and incorporated agreement with M-B Companies, Inc., in the amount of one million, one hundred and forty-eight thousand, nine hundred twenty-one dollars and seventy cents ($1,148,921.70) for the production of required Snow Removal Equipment for the Yakima Air Terminal-McAllister Field is ratified by the City Council. ADOPTED BY THE CITY COUNCIL this 19th day of February, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 U S Department Northwest Mountain Region eattle iirports tistrict ffice of Transportation Colorado Idaho Montana Oregon Utah 2200 S Des Moines WA, Ste 1VV-420 Washington Wyoming Des Manes, Washington 98198 Federal Aviation d inistration January 25, 2019 Mr. Robert Peterson Airport Director Yakima Air Terminal-McAllister Field 2406 W. Washington Ave, Suite B Yakima, WA 98903 Yakima Air Terminal-McAllister Field, Yakima, Washington Airport Improvement Program (AIP)3-53-0089-38 Snow Removal Equipment(SRE)-(Two Carriers with Brooms) Buy American Waiver Approval Dear Mr. Peterson; We have reviewed the request for Waiver of Buy American Requirement submitted on January 22, 2019, by your consultant(HLA, Inc.) for the use of snow removal equipment on the subject project. • Items for which waiver is being used include: Waiver is for two pieces of equipment. Equipment consists of two carrier vehicles and broom heads. Equipment awarded is on a lump sum basis. • Manufacturer: M-B Companies, Inc., 1200 Park Street, Chilton, Wisconsin, 53014 • Final Assembly location: Chilton, Wisconsin • Percent U.S. Components and subcomponents: 81.74% The information submitted satisfies the requirement for waiver of the requirements of the Buy American per 49 USC § 50101 based on over 60%of the cost of components and subcomponents to be used in the project being produced in the United States with final assembly being performed in Chilton, Wisconsin:. The waiver is hereby approved for use on this AIP grant project. The sponsor,through their consultant remains responsible for verifying the contractor's compliance with the approved waiver by reviewing submittal documentation and monitoring actual installation. If you have any questions regarding this letter, please contact the project manager assigned to your airport, Mary Vargas, at(206)231-4131. Sincerely, jason.ritchie@f Digitally sired by jason.ritchie@faa.goy DN:cn=jason.ritchie@faa.gov aa.gov Date:2019.01.25 16:27:39-0800' Jason Ritchie Acting ADO Manager Seattle Airports District Office 5 5 U.S. Department Northwest Mountain Region Seattle Airports District Office of Transportation Colorado • Idaho • Montana Oregon • Utah 2200 S. Des Moines, WA, Ste. 1W-420 Federal Aviation Washington Wyoming Des Moines, Washington 98198 Administration January 25, 2019 Mr. Robert Peterson Airport Director Yakima Air Terminal-McAllister Field 2406 West Washington Avenue, Suite B Yakima, WA 98903 Yakima Air Terminal/McAllister Field Yakima, Washington Purchase SRE (2 Carriers and Brooms) Airport Improvement Program Project # 3-53-0089-38-2016 Concurrence in Award Dear Mr. Peterson: We have reviewed your consultant's (HLA Engineering) bid summary attached to your recommendation to award letter dated January 23, 2019. We concur with your recommendation to award M-B Companies, Inc., in the amount of$1,148,921.70. Furthermore, we accept your statement that the cost is reasonable based on the price/cost analysis performed by your or your consultant. Please maintain a copy of your price/cost analysis for future audit purposes. You are reminded that your Disadvantage Business Enterprise (DBE) Accomplishments reports are due annually by on December 1 for the previous Fiscal Year. Details regarding the Federal Aviation Administration (FAA) Airport DBE Program can be found at the address below: http://www.faa.gov/about!office org/headquarters offices/acr/bus ent program/. FAA regulations require the sponsor certify that adequate project supervision is arranged. Also, the sponsor must ensure that equipment conforms to the approved specifications. Please provide me with the following documents: 1. One copy of the executed contract. 2. A copy of the Notice to Proceed so we will be aware of the beginning project date. This should be provided only after the sponsor determines that all necessary contracts, bonds, certificates of insurance, etc., are satisfactory, so that a Notice to Proceed may be issued to the contractor. Before you issue the Notice to Proceed, the contractor's schedule and the overall project acceptance requirements should be discussed. A final inspection of the equipment should be scheduled prior to formal acceptance. 6 Federal participation is contingent upon equipment conforming to the approved specifications. aro accomplish this, your representative must be familiar with the specification requirements. Copies of all test results/certifications should be available at the airport office for our review. Until the grant is officially closed, Construction Progress and Inspection Reports, using FAA Form 5370-1 must be submitted on a quarterly basis. Changes to the specifications should be made by change order or supplemental agreement. Approval by the FAA should be obtained prior to perfoiniing the work to be eligible for participation. If you have questions please call me at(206) 231-5131. Sincerely, MARY Digitally signed by MARY VARGAS VARGAS D4, ,T;f71-90;3°,10'02,5 Mary Vargas, SEA-633 Seattle ADO BID SUMMARY BIDDER#1 BIDDER#2 BIDDER#3 BIDDER#4 Owner: CITY OF YAKIMA-YAKIMA AIR TERMINAL M-B Companies,Inc. J.A.Larue,Inc. Kodiak America,LLC Oshkosh Airport Products,LLC • Project: SNOW REMOVAL EQUIPMENT-RUNWAY BROOM AND CARRIER VEHICLE PROCUREMENT 1615 Wisconsin Avenue I 660 Lenoir Street 1350 Pamerelie Avenue 1515 CountyRoad 0 REBID HLA Project No.: 16067 CITY PROJECT NO.: 11805 A.I.P.NO.3-53-0089-38 New Holstein,WI 53061 Quebec City,QC,Canada G1X 323 Burley,ID 83318 Neenah,WI 54956 Date: January 7,2019 item 1 ENGINEER'S ESTIMATE Item Description Unit Quantity ... - ...... . .... .. No. 1 Unit Price Amount Unit Price Amount Unit Price I Amount i Unit Price Amount Unit Price Amount SCHEDULE 1 4x4 Carrier Vehicle,rated for a minimum 50,000- pound gross vehicle weight(GVW)with rear- 1 mounted diesel drive engine and high-mounted EA 1 $650,000.00 $650,000.00 ' $530,925.00 $530,925.00 $533,448 00 $533,448,00 $538.111 00 $538,111,00 $565,116 00 $565,116 00 forward cab The vehicles shall be equipped with a 20-foot High Performance Runway Broom powered by an auxiliary diesel engine and Air Blast System • SUBTOTAL $650,000.00 $530,925.00 , $533,448.00 $538,111.00 $565,116.00 W SCHEDULE 2 4x4 Carrier Vehicle,rated for a minimum 50,000- pound gross vehicle weight(GVW)with rear- 1 mounted diesel drive engine and high-mounted EA 1 $650,000 00 $650,000.00 i $530,925 00 $530.925,00 i $533,448 00 $533,448.00 $538,111.00 $538,111 00 $565,116.00 $565,116.00 forward cab. The vehicles shall be equipped with a 20-foot High Performance Runway Broom powered •py an auxiliary diesel engine and Air Blast System BID SUBTOTAL ' $650,000.00 $530,925.00 $533,448.00 $538,111.00 $565,116.00 y.. J .. _..... .. , ...� . , .... .. . SUBTOTAL BOTH SCHEDULES $1,300,000.00 $1,061,850.00 $1,066,896.00 $1,076,222.00 $1,130,232.00 WASHINGTON STATE SALES TAX-Destination Based @ 8.2% $106,600.00 $87,071.70 $87,485.47 $88,250.20 $92,679.02 TOTAL $1,406,600.00 $1,148,921.70 $1,154,381.47 $1,164,472.20 $1.222,91142 ENGINEER'S REPORT AWARD MADE BY CITY MANAGER CITY OF YAKIMA-YAKIMA AIR TERMINAL Competitive bids were opened on January 7,2019 All bids have been reviewed by this office SNOW REMOVAL EQUIPMENT-RUNWAY BROOM AND CARRIER VEHICLE PROCUREMENT REBID We recommend the contract be awarded to: M-B Companies,Inc. A I P NO 3-53-0089-38 HLA PROJECT NO: 16067,CITY PROJECT NO: 11805 `_ / 122 : ' -4 • \: te Project Engin m-r Date: sty Manger;• . 404.„,". HLA P.q¢yxvur tw:5,usvtttr.fi• ..Date. w,n, j f Bidder#5- J Bidder#6- .Bidder#7- 'Bid results can be found at: www.hiacivil corn "Highhght6d amountd Have beRn ct rrected. 8 UV. CONTRACT AGREEMENT Procurement of two(2)Runway Brooms with air blast and Carrier Vehicles Per REBID 11805 THIS AGREEMENT, entered into this day of _ -_ _ , 2018, between the City of Yakima ("City") and ("Contractor")` WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows: 1' Scope mfWork: Said Contractor in consideration of the sum to be paid him by the said CITY and of the covenants and agreements herein contained,hereby agrees at his own proper cost and expense tndo all the work and furnish all materials,tools, labor, and all appliances, machinery,and appurtenances for: Re-Bid No. 11805, City of Yakima,Yakima Air Terminal, A.I.P. PROJECT NO. 3'53'0089'38, SNOW REMOVAL EQUIPMENT RUNWAY BROOM AND CARRIER VEHICLE PROCUREMENT REBID, to the extent of the proposal made bythe Contractor and agreed to bythe OWNER dated the day of ^2O18,all in full compliance with the Contract Documents referred toherein. 2. Delivery: The Contractor agrees to commence work within ten (10) calendar days after the receipt of a Notice to Proceed and the Contractor further agrees to deliver equipment within 300 Calendar Day(s). Extensions of the Contract time may only be permitted by written execution of a formal modification to Contract Agreement as approved by the City. B. Failure to Deliver Equipment mnTime: For each calendar day that delivery is late, as mentioned in Item No. J, after the contract time (including all extensions and adjustments),$500 shall be assessed as liquidated damages,and will be deducted from any money due or to become due the Contractor or his or her surety.Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the Work in the time provided in their contract. Sunday and legal holidays shall be excluded in determining days indefault. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended' will in no way operate as a wavier mn the part of the City of any of its rights under the contract. 4. Compensation: The City agrees to pay the Contractor according the attached specifications and payment schedule ofitemized prices as listed in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract. 5' Term: The period of this Contract shall be from date executed by both parties, until equipment has been delivered and accepted. s:\pnoJperS\ao1s\1oosr$neuncvunns\zuza-10-zysxs REBID Svcuncauo^oom 44 y O. Changes: Any proposed change in this Contract shall be submitted to the other party, as listed herein for its prior approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 7. 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 pfCity. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf ofCity. 8. Successors and Assigns: o. 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.5 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. 9' 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 orpart, now or at any time disclose that information without the express written consent ofthe City, ( 10. Inspection and Production of Records: ' m, 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' notw/ithstandin8theOty'sknow|edgeofdefectiveornon'comnp|yinQperfmrmanoe,itssubstontia|ityorthe ease of its discovery. Company shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Company's records relating to the Services will be provided to the City upon the Oty's request. . ' b. Contractor shall promptly furnish the City with such information and records which are related to the � Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by � ^ the Washington State 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. s:\pncuscrS\2o1eusoor\Snecm cation s\2u18-10-zeSnc REBID svecmnuon.00m 45 10 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,Chapter42.56 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 State Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 11.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. • 12. Patented devices, materials, and processes: If the Contractor is required or desires to use any design,device, material,or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after • the completion of the work. 13.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. 14.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 have all applicable and necessary permits, licenses and approvals of any federal,state, and local government or governmental authority or this project, pay all charges and fees,and give all notices necessary and incidental to the due and lawful execution of the work. a. If required, procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. G:\PROJECTS\2016\16067\Specifications\2018-10-29 SRE REBID Specification.Docx 46 ll 15. Nmndiscnnination: During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed color, religion, national origin,sex,age, marital status,sexual orientation, pregnancy,veteran's status, political affiliation or belief,or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60)or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion' transfer, recruitment,advertising, layoff ortermination, rates of pay or other forms of compensation,selection fortraining, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 16' Indemnification and Hold Harmless: a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, engineers, employees, attorneys' agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines' lawsuits, and other proceedings and all judgments, awards,costs and expenses(including reasonable costs and attorney fees)which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers,employees or agents. b. |f any suit, judgment, action, claim or demand arises out of, or in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers' employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand' damages or costs and expenses, including reasonable attorneys'fees. c. Contractor's Waiver nf Employer's Immunity under Title S1RCVV. |f any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 R[VV' Washington's Industrial Insurance Act. Accordingly,to the extent necessary to fully satisfy the Contractor's indemnification, defense' and hold harmless obligations set forth above in section A^ Contractor specdUcaUywak/es any immunity granted under Title 51 R[VV and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys,agents,and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directlyor indirectly employed orhired byContractor,and anyoneforwhose acts Contractor may be liable in connection with its performance of this Agreement,to comply with the terms of this paragraph,waive any immunity granted under Title 51 RCVV and assume all potential liability for actions brought their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. x:\pnmEcrg2o1s\1ans7\S»ecm000n,\zo1o1ozymr REBID Spsmcavonoom 47 12 e, The terms of this section shall survive any expiration or termination qf this Contract. 17'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 nn less than that stated below,axapplicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. The following insurance isrequired: 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 ($2,000000.00) per occurrence' combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,00.00) general aggregate. |f Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. 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 ofautomobile liability insurance with a minimum liability limit of Two Million Dollars ($2'000,800.80) per occurrence. |f Contractor carries higher coverage limits, such limits shall be shown on the Certificate of insurance and Endorsements and the City, its elected and appointed officials, employees,agents,attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when ` the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials,employees,agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel � or change the insurance without first giving the City prior written notice, The insurance shall be with an � � insurance company mrcompanies ,atedA'VU or higher in 8est's Guide and admitted in the State of Washington. The requirements contained herein' as well as City ufYakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage ifnecessary. , s/Pnmccr$aze460er\Soeunonuns\20zu'10-zymE REBID Swsmcaoonoom 48 13 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 $2,000'000.00. The City shall not be held responsible in any way for claims filed by Contractor orits 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 suboontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements dues not limit Contractor's liability or responsibility. Contractor's insurance coverage shall be primary insurance with respect tu 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 shall not contribute toit. 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 bo maintain the required insurance may be sufficient cause for the City to terminate the Contract. Should a court of competent jurisdiction determine that this Contract is subject to R[VV424.11S, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City,its officers,elected and appointed officials,employees, agents,attorneys and volunteers,Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 18'SevenabUity: Ifanytennox condition of this Contract orthe application thereof to any pemnn(s)nr circumstances is held invalid, such invalidity shall not affect otherterms,conditions or applications which can be given effectwithout the invalid term, condition orapplication. To this end,the terms and conditions of this Contract are declared severable. 1g' Contract Documents: This Contract, the Invitation to Bid No. 11805' Addenda, Scope of Work, Specifications, conditions' addenda' Bid | Bond' Performance Bond' Payment Bond, General Provisions of0#C 150/6370-10G, Supplementary Conditions, Plans, Modifications and Contractor's proposal (to the extent consistent with Yakima City documents), Bid � ' � u . , Performance and Payment Bonds 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.2 nd St.,Yakima,WA,98901, and are hereby incorporated by reference into this Contract. 2O' Force Ma'emre, 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 mrGod etc.)� � be extended for a period equal to the time lost due to the reason for delay. 21. Govemming Law: This Contract shall be governed by and construed in accordance with the laws of the State of Washington, 14 22'Venmms The venue for any action to enforce orinterpret this Contract shaU lie ina competent jurisdiction in Yakima County, Washington. 23'Authmrity: The person executing this Contract, on behalf ofContractor, 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. I4' Notice: Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier, facsimile or first-class mail, certified with return receipt requested. Notices tothe parties shall be delivered to: TO CITY: Sue Om/nby' Purchasing Manager TO CONTRACTOR: City ofYakima 129 North Second Street Yakima,VVA9Q9O1 COPYTO: Rob Peterson,Director Yakima Air Terminal-McAllister Field 24D6 West Washington Avenue, Suite B Yakima,VVA9D9O] 25'SunwivaU: The foregoing sections of this Contract, 1-25 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 OpYAm,mA (ENTER CONTRACTOR NAME). By: ~�~ Cliff Moore,City Manager Date: - - - °�°�- __ _ -._.�. --. Date: � Attest: (Print name) City Clerk s:\PnmEoS\zueu6067\Sveunonvns\2018-z0-2oSnpnsamSpsmcaoun.00m 50