HomeMy WebLinkAboutMBI Construction - HVAC Boiler ProjectAGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE #12021S
THIS AGREEMENT entered into his day of August, 2020, between the City of Yalama, a Washington municipal corporation
(city.), and MEP CONSTRUCTION, CComractoe).
W1TNESSETH: The parties, In consideration of the terms and conditions herein, do hereby covenant and agree as follows:
L Scope of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (ccliectively referred to as
'Services) according to the procedure outlined in the specifications of Quote #12021S Tilled YPO HVAC Boger Poe 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 Me wart
provided under this Contract and every part thereof.
Work is estimated to be oompiete by 9/30/20. Final work schedule shall be coordinated with Project Coordinator Marlin Cueva-
Ramirez, 509-728-62
The Contractor shall provide and bear the expense of all equipment; work and labor of any sod whatsoever that may be required
for the transfer of materials and completing the work provided for in this Contract and every part thereat except such as are
mentioned In the specifications to be furnished by the City of Yakima
2. Compensation
The City agrees to pay the Contractor according to Exhibit A attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractors Quote submitte at the time and In the manner
and upon the conditions provided for the Contract
3. Change Orders
Any proposed change in this Contract shall be submitted to (he other party, as listed herein, for its prior written approval. If approved,
change 1l be made by a contract modification that will become effective upon execution by Me parties hereto. Any oral statement
ot representation changing any of these terms Or conditors is specifically unauthorized and is not valid. Corrector May be required
to provide a detailed cost estimate for the proposed change,
4. Agency Relationship between City and Contract°,
Contractor shall, at all times, be an independent Contractor and an agent or representative of City with regard to performance of
the Seevices. Contractor shall not represent that # is, or hold itself oul as, an agent or representative of Cliy. In no event shalt
Contractor be authorized to enter into any agreement or undertaking for, prim, behalf of Clty.
6. Successors and Assigns
a. Neither the City, nor the Contractor, shalt assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior writlen 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 Qf the Contractor.
6. Property Rights
All records or papers of any sort relating to the Clty and to The project will at all times 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 confidertial, and the Contractor will not, in whole or part, now or al any time disclose
that information without the express written consent of the City.
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7. Prospector' and Production of Records
a. The records relating to the Services shall, at all Imes, 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 acoordance with this Contract, notwithstanding the City's knowledge cif defective or
norecomplying performance, its substantiality or the ease of its discovery. Contractor shalt provide the City sufficient,
safe, and proper lacifilies, and/or send copies of the requested documents to the City. Contractors reminds relating to
the Services will be provided to the City upon the City's request.
b, Contractor shall promptly furnish the City with such Information and records which are related to the Services of this
Contract as may be requested by the City, Until the expiration of six (6) years after final payment of the compensation
payable under this Contract or for a longer period if required by law or by the Washington Secretary of States record
retention schedule, Contractor shall retain and provide the City access to (and the City shah have the right to examine,
audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed
by Contractor under this Contract.
c, All records relating to Contractor's services under this Contract must be made available to the City, and the records
reraling to the Services are City of Yakima records. They must be produced to third parties, if required pursuant ta the
Washington State Public Report's Act, Chapter 4256 RCW, or by law, All records relating to Contractor's services
under this Ooritract must be retained by Contractor kx the minimum period of time required pursuant to the Washington
Secretary of Slate's records retention schedule,
d. The terms of this section shall survive any expiration or termination of this Contract
8, Work Mode 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, pins, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection *Uri 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 SerVICGS,
so. r.ernallanee with Law
To the extent applicable, all equipment or materials shall comply with Washington Stale vehicleregulations, Federal regutatians,
OSHA and WISHA requirements, bo include EPA standards and City safety cedes.
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable taws,
rules, and regulation adopted or promulgated by any governmental agency or regulatory body, whether federal, stale, local, or
otherwise. Contractor shall procure and have all applicable and necessary penile, licenses and approvals of any federal. state,
and local government or governmental authority or this proiect, pay all charges and fees, and give all notices neoessary and incidental
to the due and lawful execution of the work.
a Procurement of a City Business License, Contractor must procure a City of Yakima Business License and pay all
charges, fees, and taxes associated with said license
b. Contractor meet 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 riot be disqualified front bidding on any public works contract under PCW 38,136,101
or 36.12.065(3).
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e, Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW,
11. Prevailing Wee
The Contractor will comply with all provisions of Chapter 39,12 RCW - Prevailing Wages on Public Work,
a. RCW 39.12.010 the Prevailing Rale of Wage. 11 s solely the nawsibility of the Contractor to determine the
appropriate prevailing wage rate for the services being provided.
b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding
agency may pay any SUM due on account, It must receive a statement of Intent to Pay Prevailing Wages approved by
the Department of Labor and industries, Following final acceptance of a public work project, and before any final
money is disbursed. each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages
Paid, certified by the Department of Labor and Industries,
c. RCW 39.12,070 Fees Authorized lor 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 Slate 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 ot the Department of Labor and Industries:
hepsaiforkess wa,oev4111(iimelocialOrsAlVififielcOku0,810,1cr
Based on the quote submittal for this project, the applicable effective (stall) date of this project for the purposes of determining
prevailing wages is the quota dale, August 244.2020.
A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located al 129
N 2nd Street, Yakima, WA 98901, Upon request, the City will mail a hardcopy of the applicable prevaling wages for this project,
12. Certified Payroll for Non -Federally Funded Projects
Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information
such as last name, SSN and address, redacted in accordance with KW 42,56,230, in order to provide for pubic 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 discrelice, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any appicable
law.
RCW 4Z1ja.00 (7)69) Personal 1pformotiort Exemaan„Arty record used to prove Identity, age, residential address, social security
number, or other personal information required to apply for a drivers license or Identical&
RCW 39,12.010 (4): An 'Interested Party' for the purposes of this chapter shall Include a Contractor, Subcontractor, an employee of
a Contractor or Subcontractor, an origantzatlion whose memberswages, benefits, and conditions of employment are affected by this
chapter, and the director of labor and industries or the directors designee,
WA c n6427-420 Payraft
(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 definer! by WAC 296,12'1401.11), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC 29C-° 27,4'2, and the actual rate of wages paid, for each laborer, worker, and mechanic
employed by the Contractor for work performed on a public works project.
(2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined
by RCW 19(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the
department,
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(3) A Crintractoes noncompliance with this section shall constitute a violation of RCW 38.12.050.
13- Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person oc the grounds of race, creed, color, religion, national origin, sex, age,
marital stales, sexual orientation, pregnancy, veteran's stems, political affiliation or belief, or the presence of any sensory, mental or
physical handicap in vitiation of Ilse Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12'101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
Agreement.
In the event of the Contractor's noncompliance with the non.discnmination clause of this contractor with any such rutes, regulations,
or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Coritractor may be declared ineligible
for any future City contracts.
IA. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or properly.
Contractor agrees to defend, indemnify and hold harmless the City. Its elected and appointed officials, officers,
employees, attorneys, agerits, and loolunteers from any end all clams, demands, losses, liens, liablities, penalties,
fines, lawsuits, and other proceedings and all Judgments, awards, oosts and expenses (Including reasonable melts and
attorney fees) which result or arise out of the sole negligent acts or omissions ol Contractor, its officials, officers,
employees or agents,
b. If any suit, judgment, action, claim or demand etas out of, or occurs in conjunction with, the negligent acts and/or
omissions of both the Contractor and the City, or their elected at appointed officials, officers, emptoyees, agents,
attorneys or volunteers, pursuant to this Contract, each party shall be liable for its pits:onion& share of negligence
for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable
attorneys' fees.
c Contractor's Waiver of Employer's Immunity under Tide 51 RCW, If any design or engineering work Fs, done
pursuant to this Contract, Contractor Intends that Is Indemnifcalion, defense, and hold harmless obligations set toe
above in Section (a) shall operate velh full elect regardless of any provision to the contrary in Title 51 RCW,
Washington's Industrial Insurance Act, Accordingly, to the extern necessary to fully satisfy the Contractor's
indemnikatico, defense, and hold harmless obligations set forth above in section A, Contractor speciflcafly waves any
immunity granted under Title 51 RCW, and specifically assumes all potential lability for actors brought by employees
of the Contractor against he 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 SubcoNractors,
and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable
in connection v4th Its performance of this Agreement, shall comply wtth the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume at potential lability for actions brought by their respective employees. The
provisions of this section shall survive the expiration or termination of this Agreement.
d, Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in
any third party,
e. The terns of this section shall surviveany expiration or termination at this Contract
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tS contractor's Liability insurance
At all limes during performance of the Services and this Ccetract, Contractor OW secure and maintain in effect insurance to protect
lhe City and Contractor from and against any and al claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in foreinsurance In limits no less than that staled below, as
applicable. The City reserves the rigM 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 oullined herein. A
copy of the additional insured endorsement attached to the policy MI be included with the certificate, This Certificate of insurance
shall be provided to the City, prior to commencement of work,
The followiig insurance is required:
a Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the
City with a certificate of insurance as proof of commercial liability Insurance with a minimum liability limit of Two Million
Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage and Two Million
Dollars ($2,1300,000,00) general aggregate, ff Contractor carries higher coverage limits, such limits shail be shown on
the Certificate of Insurance and Endorsements and the City, its elected and appointed tThis, employees, agents,
attorneys and volunteers shall be named as additional irsureds for such higher limits, The certlicate 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 Cily prior written notice. The Insurance shall
be with an insurance company or companies rated A-Vil or higher in Best's Guide and admitted in the State of
Washington. The requirements contained fierein, as nil as City of Yakima's review or aoceptance of insurance
maintained by Contractor is not intended to and shall not in any manner limit or qualify tile liabilities or obligations
assumed by Contractor under this contra/
b. Automobile Liablity Insurance.
Before this Contract is fully executed by the parties, Contractor shall provide the Clty with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars (52,000,000.00) per
occurrence, II Contractor carries higher coverage limits, such limits shall be shown on the Certificate of insurantat and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds fer such higher limits, The oerttkate 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 shell name the City of Yakime, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will viol cancel or
change the insurance without first giving the City prior written notice. The insurance shall be with an Insurance company
et companies rated AND 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 he
contract, The business auto liability shall include Hired and Non -Owned coverage if necessanj.
Employer's Liability (Stop Gap):
Contractor and all Subcontractor(s) shall at all times own* with all applicable workers' compensation, occupational
disease, and occupational health and safety lam, statutes, and regulations to the full extant *pica*. and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall no be he4d
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 alf Subcontractor(s). Contractor is responsible to ensure Subcontracta(s) have insurance as
needed. Failure of Subcontractors(s) to comply will Insurance requirements does not limit Contractors liability or
responsibility.
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Contractor's Insurance coverage shall be primary Insurance with respect to those who are Additional Insureds under this
Contract, Any kisurance, or self-insurance maintained by the City shall be in excess of the Contractors insurance and shall not
contribute to it.
If at any erne during the life of the Contract, or any extension, Contactor fails to maintain the required Insurance in full farce and
effect, all work under tie oontrwt shag be discontinued immediately. Any failure to maintain the required insurance may be sufficient
cause for the City to terminate the Contract
Should a °owl of competent jurisdiction determine that this Contract is subject to RCW 4.24 115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of
Contractor and the Clty, Is officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's
Iiaity hereunder shall be limited to the extent of the Contractce's negligence.
16, kverabillty
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity
shall not affect other terms, conditions or applications which can be given effect velhout the invalid term, condition or application. To
this end, the berms anei conditions of this Control are declared severable.
17. Contract Documents
This Contact the Invitation lo Quote #120215, 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 Stale laws and the terms of this Ooritract in that order respectively, supersede ether Inconsistent provisions. These Contract
Documents are ori file in the Office of the Purchasing Manager, 129 No. 2ei St., Yakima, WA, 98901, and are hereby Incorporated
by reference Into this Contract.
19, Termination - Convenient*
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty
(30) days from the dale such written notice is delivered to the applicable party to the Contract.
19, Termination - Cloi/Se
The Ctly reserves the right to terminate this Contract at any lime, upon written notice, in the event that the Services of Contactor
are deemed by the City to be unsatiefactoty, or upon failure to perform any of the tern and condltions contained In this Contract.
The effective date for such termination shall be upon receipt of the notice, or lime days after the notice is mailed first class mail,
certified with retum receipt requested.
20. Force majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in
transportation et railcar transport shortages, provided Contactor notifies the Clty Immediately In writing of such pending or actual
delay. Normally, In the event or any such delays (acts or God, elc,) The date of delivery M be extended foe a period equal to the
time lost due to the reason for delay.
21, Governing Law
This Contract shall be governed by and construed in accordance with the laws of the Stale of Washington,
zz, venue
The venue for any action lo enforce or interpret ibis Contract shall lie in a competent jurisdiction in Yakima Gouty, Washingtort
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,
120215 Agreement - HVAC Boiler Replacement — Yakima Legal Center Page 6 of 7
us
Q CC
24. Notice
Any notice req - ar permi ta be gl
by overnight courier, F. -Imlle or first cl
under' this Contract shall be in willing and d
mail, certified with return receipt req
TO CITY: City of Yakima Purchasing
City Hall —Second
129 North Se..
Yakima, WA 91t,i; 01
• I
TO CONT
med ctive if r deli : d
Notices tattle partiee shall be deli
TOR: MBI Construction
2016 Fruitvale Blvd
Yakima, WA 98902
25. Su
The foregoing sections of this Contract, 1-24 Inclusive, shall survive the expiration ar
their terms.
IN WITNE
City Manage
Cy Cd
OF, the pa
ex
te this Contract as of the
(ENT C
•
Inallon of this Contract in
and year first above written
TOR NAME)
gy: 10E MENARD MI COISTROCTION SERVICES
• -" ••• • ••••••
•
.P1I1
in pe
or
with
12021S Agreement - HVAC Boiler Replacement — Yakima Legal Center Page 7 of 7
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE #120215
FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-50,000
16,
PROJECT NAME: YPD HVAC Boiler
LOCATION: 200 S 3'd Street,
Yakima, WA 98901
ISSUE DATE: August 10, 2020
CITY PROJECT COORDINATOR NAME/NUMBER: Martin Cueva-Ramirez/
509-728-6289
RETURN QUOTES TO: Maria.Mayhue@yakimawa.gov
DUE DATE/TIME: August 24, 2020 at 2:00 p.m. PDT
QUOTE FORM
Small Works Roster Project
Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote.
Prevailing Wage
This project is considered Public Work and shall be completed in accordance with 39,04 RCW. This is a Prevailing Wage project.
Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any
Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (L&11 prior to
payment. See attached contract for further details,
Certificate of Insurance
Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, Its Agents,
Ernployees 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 attached contract for further details.
Site Visit
An onsite walk through at Yakima Police Department Detention Facility, located at 200 S 3'd Street, Yakima, WA, 98901 may be
arranged by contacting the Project Coordinator listed above, The site visit is not mandatory; however, interested parties are
strongly urged to attend. Wearing of PPE and social distancing will be mandatory during the site visit.
Coordination of Work
Contractor will coordinate his/her work with the City of Yakima Project Coordinator as to when work will be accomplished.
Work shall be completed as agreed upon in the resulting contract.
Work Hours and Schedule
Work to be completed M-F, 8:00 a.m. to 5:00 p.m., excluding legal holidays
The heater HVAC Gas Boiler should be installed and the heat system ready for use by 9/30/20.
Scope of Work
The existing Burnham HVAC Gas boiler needs to be removed and replaced with a new Gas 750M8H modulating 84% boiler,
Circ pump, and Factory start up. Reuse any available water supply and return pipes, replace any needed pipes to attach to the
new bailer including exhaust pipes. Reuse power supply to connect new boiler controllers and water pumps. If power supply
is not available, get it from the closest available electric panel, Plus, other ancillary work & materials to make a complete
work for the cost quoted.
City of Yakima Limited Public Works — Invitation to Quote
Page 1 of 17
QUOTE FORM
All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented
by the City of Yakima. Work shall be performed using the recommended process below, using specified materials and brands or
approved and acceptable equal.
Recommended Process/Materials:
Burnham or approved equal Gas 750MBH modulating 84% boiler, circulation pump, and factory start up.
Bidders may contact Maria Mayhue, Acting Procurement Manager mariaimavhue@yakirnawaiim prior to the quote due
date/time if they would like to request a determination as to whether or not a proposed make/model will be considered
approved and acceptable equal.
The existing Burnham HVAC Gas boiler shall be properly disposed of by the awarded Contractor at their expense.
***Effective Immediately, all Contractors providing on -site services will be required to adhere to CDC strategies for
employees exhibiting symptoms of Coronavirus COVID-19:
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html
https://www.osha.gov/Publications/OSHAFS-3747.pdf
YPD HEATING BOILER CHANGE OUT. INSTALL 750 MBH MODULATING 84% BOILER
INSTALL 750 MBH MODULATING 84% BOILER
INSTALL CIRC PUMP
FACTORY START UP
*Bidder may quote alternate process for City consideration: Yes i 1 or No X
Number of Days to Complete Work: 5 Comments: Boiler build time 3 to 4 weeks.
Quote is Firm for : 30 Days (Minimum of 30 Days)
Guarantee: Minimum of one (1) year on work. Warranty: Minimum of years on materials.
Limited Twenty-5-Years Thermal Shock Warranty
Permit Required: Yes X or No _ A mechanical permit is remitted Limited Ten -Year Heat Exchanger Warranty
Specify Make/Model Bid (provide specifications if bidding alternate):
RayPak M# SP-H7-754 750MBH Modulating Boiler 84% with Pump and Factory Start Up.
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.
City of Yakima Limited Public Works — Invitation to Quote
Lump Sum (Pre -Tax): 34000.00
Page 2 of 17
QUOTE FORM
Insigning this Quote wecertify that we have not, either directly or indirectly, entered into any agreement or participated in any
po|ivsiuo o, otherwise taken any action in restraint nffree competition; that no attempt has been made to induce any other
person nrfirm tosubmit ornot msubmit aQuote; that this Quote has been independently arrived atwithout collusion with any
other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote
many other Bidder o,competitor; that the above statement uaccurate under penalty v[perjury.
Wewill comply with all terms, conditions and specifications required by the City ofYakima mthis Invitation uoQuote and all terms
n*our Quote.
Company Name
xxmCONSTRUCTION SERVICES
Company Address
Name ofAuthorized Company Representative (Type mPrint)
RYAN RINGER
vvM8MBEVendor Certification Number (if applicable)
o31V10023698
HVAC ESTIMATOR
Email Address
RYAN
I Phone Number
509-453-3326Exr 112
Fl | hereby acknowledge receiving Addendum (a)---_.--_—~
(Use as many spaces as addenda received.)
City of Yakima Limited Public Works — Invitation to Quote
Page amm
CITY 0FYAKIMALIMITED PUBLIC WORKS
INVITATION TO QUOTE #12021S
|. GENERAUSPECIAL INSTRUCTIONS
A. Additional Work
Any additional work found necessary that isnot specified inth haUbe|�se
parate
sheetent�|ed^Add�iona|y@ateria/s/LaborRequied^ -
0. Estimated Quantities
Estimated quantities, if any, set forth inthe Scope ofWork are estimates only, being given only ammbasis
for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual
amount ofwork will correspond to the estimated quantities,�for `verification cf
re,`which are to beProyideAwith,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 ofYakima', 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 no, honored. If request is made to view a
Contractor's bid, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56
RCVV. If any information is marked as proprietary in the pruposa|, such information will not be made
available until the affected bidder has been given an opportunity toseek 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
6obound toaccept the low quote,
F. Business License and Permits
All bidders shall have w valid and current business license issued by the State of WA Department of
Revenue, Business Licensing Service covering this type uf work. hwill bethe Contractor's responsibility 0o
procure any licenses orpermits 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) 57S-6121 or
(509) 575'6126 or visit the Codes website at: !it tyaWnl@vvafor
G. 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 bemade |nthese specifications.
City ofYakima Limited Public Wom-/nvitatm to Quote 4m1r
H. 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 similar nature. The
Contractor warrants tothe 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 conformingto 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 oftrades person o, 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 ofworkmanship complying with those standards.
1. 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 towithstand the intended
service. Equipment design shall have sufficient excess capacity for durability and safety.
J. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever make' model or trade name is used, it shall bothat urequal, 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 tumake the decision onacceptability. 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.
K. Hazardous Materials
If asbestos or other hazardous materials are discovered during performance of work under this project,
Contractor will immediately notify the Project Coordinator, sothat aChange Order addressing Pollution
Control aswell asany change incost may beexecuted byPurchasing.
L. No Disturbance
The Contractor shall not disturb grounds or materials outside the sphere of the contracted project.
M. 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 RCVV 19l22.030tn the
agencies that have utilities in place, and shall cooperate with these agencies in the protection and
relocation ofunderground utilities, facilities and structures. The number tocall b#B11.
N. Waste Materials
All refuse andwaotemateda|mmstbeco|lectedavddbposedutinalega|manoer,6ytheCon,mctnroff
the Cit/sproperty, at the Contractor's expense. The Contractor must immediately clean up any spilled
material from streets, roads, etc. Storage ofdebris unsite isnot allowed.
City of Yakima Limited Public Works — Invitation to Quote Page 5 of 17
0. Repair or Replacement
The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring,
landscaping, fencing, paved amas, 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
Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project
Contractor shall promptly repair damages caused toadjacent areas, rooms, facilities, property, streets,
and sidewalks by construction operations as directed by the City and at no cost to the City.
P. Final Inspection and Acceptance
When the Contractor considers the work physically complete and ready for Nno| inspection' the
Contractor shall request the [io/s Project Coordinator to inspect the work. The City will notify the
Contractor cfany 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 tothe Contractor, take whatever steps
are necessary tucorrect 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.
Q. Payments
Upon final inspection and acceptance of the "vmk by the [by, 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 ofwmrkanddateworkcomp/eted.
Payment will he mailed within thirty (]O) days of acceptance of the completed project' post -work
submittals, Prevailing Wage Intents and Affidavits, and properly completed invoice. Invoice shall be
itemized *zreflect hours worked and material costs.
R. Retainage (Must bewithheld ot 10S in order to waive performancelpaymentbonds)
The City Of Yakima shall have the right to withhold ten percent (100) of the amount of any invoice
submitted to the City Of Yakima by the Contractor for labor, supervision, and materials furnished by the
Contractor uptothe time ufcompletion and acceptance ofjob,
Each invoice submitted by the Contractor shall include two separate line items. The first line item is to
reflect the total price of thejob being invoiced, less ten percent (10%) retainage.The second line item will
reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City
City of Yakima Limited Public Works —Invitation to Quote Page 6 of 17
BIDDER RESPONSIBILITY FORM
(To be submitted with Quote Form)
Bidder Responsibility Criteria:
It is the intent cfCity toaward acontract 10the 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 ineffect atthe time ofquote submittal;
[ontractor#: N18|[O
Effective Date:
o5/07/I0l3
Expiration Date:
I Have acurrent Washington Unified Business Identifier (U0)number;
U8|#: 6O]'19O�97
�
3. If applicable:
a. Have Industrial insurance (workeru compensation) coverage for the bidder's employees working in
Washington, aorequired inTitle 5lR[VY
|saccount current? YES
b Have a Washington Employment Security Department number, as required in Title 50 RCW;
c Have aWashington Department ofRevenue state excise tax registration number, asrequired in
Title 8ZRCVV
# A25986418
4. Not be disqualified from bidding on any public works contract under RCW 39.06,010 or 39.12.065(3).
|sContractor disqualified? NO
5. Until December 31,ZOl3 not have violated more than onetime the off*ite'prefabricated, non-standard,
project specific items reporting requirements nfR[VV 39�04.370.
Does Contractor have violations? NO
6. For public works projects subject tuthe apprenticeship utilization requirements o/KCVVICiU4.32lnot
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 an outlined in their standards of apprenticeship under chapter 49.U4 R[VV for the one-year
period immediately preceding the first date ofadvertising for the project,
Is Contractor in compliance? YES
Yes/No
7. Per RCVV39.04,35Dand mCYV]9.0G.02O has the Contractor had Labor and Industries Training orarethey
Training Complete O Exempt 05
Is Contractor in compliance? YES
Subcontractor Responsibility
l The Contractor shall include the language of this section in each of its first tier subcontracts, and shall
require each ofits Subcontractors uoinclude substantially the same language cfthis section ineachoftheir
subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply omall Subcontractors regardless oftier.
2. At the time ofsubcontract execution, the Contractor shall verify that each of its first tier Subcontractors
meets the following bidder responsibility criteria:
a. Have acurrent certificate ofregistration incompliance with chapter z8.l7RCVV which must have
been |neffect atthe time ofsubcontract quote submittal;
b. Have acurrent Washington Unified Business Identifier number (U8|);
3. Ifapplicable, have:
a Industrial insurance (worker'scompensation) coverage forthe Subcontractor's employees working
inWashington asrequired inTitle SlR[VV
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
RCVV;
b. Anelectrical Contractor license, ifrequired byChapter 19.28RCm;
c. Anelevator Contractor license, ifrequired byChapter 7O.87R[VV.
4. Not bedisqualified from bidding nnany public works contract under R[VV39.06.01Dmr3l12.O6S(3).
5. Until December 31, 2013, not have violated more than onetime the off -site, prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
6. For public works projects subject tothe apprenticeship utilization requirements ofR[VV 3.0.04.320' not
have been found out of compliance by the Washington state apprenticeship and training council for
working apprentices out of ratio, without appropriate supenvision, o, outside their approved work
processes as outlined in their standards of apprenticeship under chapter49-U4 RCVV for the one-year
period Immediately preceding the first date of advertising for the project.
7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are
they exempt?
City of Yakima Limited Public Works — Invitation to Quote Page 8 of 17
Certification of Compliance with Wage Payment Statutes
(To be submitted with Quote For)
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.
M81 CONSTRUCTION SERVICES
Bidde
CPC-,
Signature Aul:tiortz Official*
JOE MENARD
Printed Name
OWNER
Title
08/12/20
Date
YAKIMA
WA
City State
Check One:
Individual 12g Partnership D Joint Venture 0 Corporation 0
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co -partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any
other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be
executed by a partner.
City of Yakima Limited Public Works — Invitation to Quote Page 9 of 17