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HomeMy WebLinkAboutMBI Construction Services, Inc. - AgreementAGREEMENT 1,140Mween ine I *i 1MW "Ill; - ontractor"). , =R HITAESSETK.-The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as fbllows 1, Scope of Work The Contractor shall i)erform all work and service(s) and furnish all tools. materials. labor and eauioment (collectively rm=- # = = � I =I- 0 WIT L-11gaffinvil L,�!VJA Ky construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete within 30-60 calendar days after Notice to Proceed. Final work schedule shall be coordinated with Project Coordinator Randy Pitney, Building Superintendent 509-728-3201 The Contractor shall provide and bear the expense of all equipment; work and labor of any soft whatsoever that may R*?k &§;dfnWtttf6*k' except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit 3. Change Orders Any proposed change in this Contract shall be submitted to the other party, as listed herein, for its prior written approval. If approved, change will be made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not vQfld.GoT�wa-dto 4. Agency Relationship between City and Contractor wQ;nte0ive of Cit�,-f wigard to performance of the Services, Contractor shall not represent that it is, or hold itself out as, an agent or representative *'f City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of city, a0LEEM3M3SL-=- & 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. 219018 HVAC Unit 4 for HBJCC Page 1 of 8 6. Property Rights All reeotr4s, *4-2�ors *f any s*?t relatinji tit, ti'id Dtf ;Imlf t* the �rtj6ct will at all times �t the pr*�ttly #f th6 C�ej anI shall be surrendered to the City upon demand. All information concerning the City and said project which is noli *therwise 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. 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery, Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractors records relating to the Services will be provided to the City upon the City's request. .............. documents, papers and records which are related to the Services performed by Contractor under this Contract. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records, They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule, d. The terms of this section shall survive any expiration or termination of this Contract. 8. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract, On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 9. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 10. Compliance with Law To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal. regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes, 01 charges and fe�s, and give a notices necessary and incidental to the due and lawful execution of the work. 2,1901 S HVAC Unit 4 for HBJCC Page 2 of 8 a. Procurement of a City Business License, Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d, Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number, Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). e, Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 -the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW X 1 Z040 - 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 3912N0 - 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: Lh t1ps–, qaLl 9 _i/mag—ell qo—k gp-L's-PA 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, 01 /18/19, located at 129 N 2nd Street, Yakima, WA 98901. Upon request� the City will mail a hardcopy of the applicable prevailing wages for this project, 12. Certified Payroll for Non -Federally Funded Projects ""MV14 information such as last name, SSN and address, redacted in accordance with RCIV 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable! law, 21901 S HVAC Unit 4 for HBJ(,C Page 3 of 8 I 1mgms IIW41 &i,;&] Mg* I'mill oft lt�l IIfil-'ra WAC 296-12L320 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 2 6 2 (1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC "-0 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. IMIN paadeed b 01 �� 4 ), file a certified copy of the payroll records with the agency that awarded the rty s finy RMIg 1 ' 0 ( public works contract and with the department. (3) A contractor's noncompliance with this section shall constitute a violation of RCW3IQ.I2I'I'qP 13. Nondiscrimination During the performance of this Contract, the Contractor agrees as foHows: 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 LISC 12101 et seq.). 1 ls�1111�pi�i� 1 1 el��Igql;I�Jqiig III the provision of Services under this Agreement. �TTT#1#MRff# 21901 S HVAC Unit 4 for HBJCC Page 4 of 8 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. 11M. IEMUE� �$• 15. Contractoes Liability insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract, Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and *utlined 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. & Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000,00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits, The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. 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 volunteer's 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 #W Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars 2,19018 HVAC Unit 4 for HBJCC Page 5 of 8 admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's 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 Employees 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. strance-74verage sor-1777mary iraltrance- this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contracto, insurance and shall not contribute to it. 1111111MAIMM, fill # I PON OR INAWAMM JIM val 16. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, 112 i "jo IR11111 "Aaft j M 17. Contract Documents This Contract, the Invitation to Quote #21901S, Scope of Work, conditions, addenda, and modifications and L; igv&" VA ag 2,1901 S HVAC Unit 4, for HBJCC Page 6 of 6 18. Termination -Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will 19. Termination -Cause .A MEM 20. Force Majeure Contractor wil not be resDoisible for teI,2,aai deliveF, d # 116IIIII&WIMM M 21. Governing Law 22. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington, 23. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract. 24. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if eith delivered in person or by overnight courier, facsimile or first class mail, certified with return receipt requested. Notices the parties shall be delivered to: I TO CITY, City of Yakima Purchasing TO CONTRACTOR: MBI Construction Services, Inc. City Hall—Second Floor 2016 Fruitvale Blvd. 129 North Second Street Yakima, WA 98902 Yakima, WA 98901 25, Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. CITY 0A (,)>KIMA Cliff Moore, dii'manager Date: MBI C ST LICTION RVICES, INC By: Date: (Print name) 21901 S HVAC Unit 4 for HBJCC Page 7 of 8 '*C e' City erk 21901 S HVAC Unit 4, for HBJCC Page 8 of 8