HomeMy WebLinkAboutSelah Fence Company, LLC - Annex Building Fence Partition Services AgreementAGREEMENT
FOR ANNEX BUILDING FENCE PARTITION SERVICES BETWEEN
THE CITY OF YAKIMA AND SELAH FENCE COMPANY, LLC
THIS AGREEMENT, entered into this' day of October, 2020, between the City of Yakima, a Washington municipal corporation
("City"), and Selah Fence Company, LLC ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Scope of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as
"Services") according to the procedure outlined in the specifications of Quote #22044S Titled Annex Building Fence Partition and
the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s),
which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
Work is estimated to be complete by 11/30/20. Final work schedule shall be coordinated with Project Coordinator Martin Cueva-
Ramirez, (509)728-6289.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required
for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are
mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit consists of the
Contractor's Estimate and includes the project specifications and payment schedule of itemized prices as listed in the Contractors
submittal to perform the work at the time and in the manner and upon the conditions provided for in the Contract.
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 valid. Contractor may be required
to provide a detailed cost estimate for the proposed change.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of
the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall
Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
6. 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 conceming the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
22044S Agreement Page 1 of 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. Contractor's records relating to
the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine,
audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed
by Contractor under this Contract.
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.
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 govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental
to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must 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).
22044S Agreement Page 2 of 7
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 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.
RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department
of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the
Contractor.
The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be
found at the following website address of the Department of Labor and Industries:
https:flfortress.wa.govllnifwageloakup/DrvWagelookuu.asgx.
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, August 27, 2020.
A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, 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
Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information
such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests.
The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in
its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable
law.
RCW 42.56.230 (7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address, social security
number, or other personal information required to apply for a driver's license or identicard.
RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of
a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this
chapter, and the director of labor and industries or the director's designee.
WAC 296-127-320 Payroll:
(1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by
the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly
rate of usual benefits as defined by WAC n'%t, 17 f Ov1 •l (1), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC 296 127 02 ?, 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 3J' 1 2 010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the
department.
22044S Agreement Page 3 of 7
(3) A Contractor's noncompliance with this section shall constitute a violation of RCW 3912.050.
13. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age,
marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or
physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12101 et seq.).
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-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.
14. 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,
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 negligent acts or omissions of Contractor, its officials, officers, employees
or agents.
b. If any suit, judgment, action, claim or demand arises out of, or occurs 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 of Employer's Immunity under Title 51 RCW. If 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 RCW,
Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractors
indemnification, defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any
immunity granted under Title 51 RCW, 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 directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable
in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The
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 terms of this section shall survive any expiration or termination of this Contract.
22044S Agreement Page 4 of 7
15. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A
copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance
shall be provided to the City, prior to commencement of work.
The following insurance is required:
a. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the
City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million
Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on
the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state
who the provider is, the coverage 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 of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The 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. The business auto liability shall include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gap):
Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting
from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as
needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
220445 Agreement Page 5 of 7
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not
contribute to it.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and
effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient
cause for the City to terminate the Contract.
Should a court 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 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.
16. Severablllty
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 without the invalid term, condition or application. To
this end, the terms and conditions of this Contract are declared severable.
17. Contract Documents
This Contract, the Invitation to Quote #22044S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal
(to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal
and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract
Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated
by reference into this Contract.
18. Termination - Convenience
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 date such written notice is delivered to the applicable party to the Contract.
19. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor
are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract.
The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail,
certified with return receipt requested.
20. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation
or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally,
in the event or any such delays (acts of God, etc.) the date of delivery will be extended for 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 State of Washington.
22. Venue
The venue for any action to enforce or interpret this Contract shall lie in a court of 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.
22044S Agreement Page 6 of 7
24. 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 ovemight courier, facsimile or first class mail, certified with return receipt requested. Notices to the parties shall be delivered to:
TO CITY: City of Yakima Purchasing
Clty Hall —Second Floor
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Selah Fence Company
PO Box 1055
Selah, WA 98942
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.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
Attest:
Clty Clerk
CITY CONTRACT NO:
RESOLUTION NO:
22044S Agreement
SELAH FENCE C
y: Kara A
Date:
(Print name)
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE #22044S
FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000
PROJECT NAME: YPD Annex Fencing
LOCATION: 200 S 3rd Street,
Yakima, WA 98901
ISSUE DATE: August 27, 2020
CITY PROJECT COORDINATOR NAME/NUMBER: Martin Cueva-Ramirez
509-728-6289
RETURN QUOTES TO: Christina.payer@yakimawa.gov
509-576-6696
DUE DATE/TIME: September 10, 2020, 2:00 p.m. PDT
Small Works Roster Project
Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote.
Prevailing Wage
This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project.
Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any
Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries (L&I) prior to
payment. See attached contract for further details.
Certificate of Insurance
Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, its Agents,
Employees and Elected or Appointed Officials as Additional Insured" per the attached sample, with the same limits of coverage.
The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement; or it will be returned
to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of
Insurance with Additional Insured endorsement. See attached contract for further details.
Site Visit
An onsite walk through at Yakima Police Department Detention Facility, located at 200 S 3rd 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 listed above as to when work will be
accomplished. Work shall be completed as agreed upon in the resulting contract.
Work Hours and Schedule
Work to be completed M-F, 8:00 a.m. to 5:00 p.m., excluding legal holidays
Scope of Work/Materials
Supply and install approx. 48 feet of 13 feet high galvanized chain link fence with one (1) 4' sliding gate.
Materials used: 3" x sch40 end and corner posts, 2-1.2" x sch40 line posts, 1-5/8" x sch40 top rail, middle rain, and bottom
rail, 2" x 9ga x 7' and 2" x 9ga x 6' galvanized chain link fabric, slide gate to have an overhead trolly and floor mounted guide
wheels. All posts to be plated and bolted to the floor.
Supply and install approx. 36 feet of 8' galvanized chain link fence with (2) 4' wide sliding gates and a galvanized chain link
top.
Materials used: 3" x sch40 end and corner posts, 1-5/8" x sch40 top rail, middle rail, and bottom rail, 2" x 9ga x 8' galvanized
chain link fabric, (2) 4' wide slide gates with an overhead trolly and floor mounted guide wheels. All posts to be plated and
bolted to the floor, 1-5/8" frame for the chain link cover, 2" x 9ga x 6' galvanized chain link fabric, panel clamps to hold he
top in place.
City of Yakima Limited Public Works — Invitation to Quote
Page 1 of 17
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Quote isFirm for: Days (Minimum nf30Days)
Guarantee: Minimum ofone (1)year onwork. Warranty: Minimum of years onmaterials.
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Delivery Terms:
All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must
beincluded inthe lump sum total. Noadditional charges for shipping nrhandling will beallowed.
Lump Sum (Pre -Tax):
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City of Yakima Limited Public Works—|nvitatinnto Quote Page 2 of 17
In signing this Quote we certify that we have not, either directly or indirectly,entered into any agreement nrparticipated inany
collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other
person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any
other Bidder, competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote
to any other Bidder or competitor; that the above statement is accurate under penalty of perjury.
VVewill comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms
of our Quote.
Company Name
Company Address
Name nfAuthorized Company Representative (Type nrPrint)
Signature of Above
Email Address
VVIVI8E/D8EVendor Certification Number (if applicable)
Phone Number
F-1 | hereby acknowledge receiving Addendum (a)____�
(Use asmany spaces asaddenda reoeivedj
City of Yakima Limited Public Works — Invitation to Quote Page 3 of 17
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE #220445
I. GENERAL/SPECIAL INSTRUCTIONS
A. Additional Work
Any additional work found necessary that is not specified in the Scope of Workshall be listed on a separate
sheet entitled "Additional Materials/Labor Required".
B. Estimated Quantities
Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis
for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual
amount of work will correspond to the estimated quantities. Bidder is responsible < for verification of
square footage and units of measure, which are to be provided with Quote submittal
C. Qualified Quotes
The General and Special Instructions included in this quote document and in the resulting contract will
govern the performance of the work. No other terms and conditions will be accepted. Quotes that are
conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and
Special Terms and Conditions, may result in the Quote being considered non -responsive.
D. Proprietary Material Submitted
Any information contained in the bid submitted that is proprietary must be clearly designated. Marking
the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a
Contractor's bid, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56
RCW. If any information is marked as proprietary in the proposal, such information will not be made
available until the affected bidder has been given an opportunity to seek a court injunction against the
requested disclosure.
E. Award of Quote
The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or
exceed these specifications, and which would be in the best interest of the City and will not necessarily
be bound to accept the low quote.
F. Business License and Permits
All bidders shall have a valid and current business license issued by the State of WA Department of
Revenue, Business Licensing Service covering this type of work. It will be the Contractor's responsibility to
procure any licenses or permits required, to complete the project. The Contractor is responsible for all
traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or
(509) 575-6126 or visit the Codes website at: https://www.yakimawa.gov/services/codes/ for
information.
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 be made in these specifications.
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 a similar nature. The
City of Yakima Limited Public Works — Invitation to Quote Page 4 of 17
Contractor warrants to the City that materials and equipment furnished will be of good quality and new,
that the work will be free from defects, will be fully compatible with the existing materials and equipment
and that the work will conform to all requirements. Work not conforming to these requirements, including
substitutions (if allowed) not properly approved and authorized, may be considered defective.
The Contractor shall comply with recognized workmanship quality standards within the industry as
applicable to each unit of work. All references to standards whether for materials, processes, assemblies,
workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent
available published version of such standard. When reference is made to standards, the standards are to
be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a
requirement that each category of trades person or installer performing the work be qualified, to the
extent of being familiar with applicable and recognized quality standards for that category of work, and
being capable of workmanship complying with those standards.
I. New and Unused
All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in
current production. All materials shall have physical and chemical properties to withstand the intended
service. Equipment design shall have sufficient excess capacity for durability and safety.
J. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or
approved equal means that the make, model or trade name will be given consideration if they fulfill the
same performance requirements. The City reserves the right to make the decision on acceptability. Each
bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any
equipment proposed as an equal to that herein specified must be substantiated with supporting data to
justify such request for substitution.
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, so that a Change Order addressing Pollution
Control as well as any change in cost may be executed by Purchasing.
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 RCW 19.122.030 to the
agencies that have utilities in place, and shall cooperate with these agencies in the protection and
relocation of underground utilities, facilities and structures. The number to call is #811.
N. Waste Materials
All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off
the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled
material from streets, roads, etc. Storage of debris on site is not allowed.
O. Repair or Replacement
The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring,
landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the
City of Yakima Limited Public Works — Invitation to Quote Page 5 of 17
project area. This includes complete replacement of items that are beyond repair as determined by the
City.
Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project
Coordinator.
Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets,
and sidewalks by construction operations as directed by the City and at no cost to the City.
P. Final Inspection and Acceptance
When the Contractor considers the work physically complete and ready for final inspection, the
Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the
Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such
corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued
vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This
process will continue until the City is satisfied the listed deficiencies have been corrected.
Q.
If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written
notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps
are necessary to correct those deficiencies pursuant.
The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City
for payment and turned in all required submittals after the final inspection and acceptance has occurred.
Payments
Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly
completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901.
To insure prompt payment each invoice should cite Quote number, purchase order number, discount
terms and include the Contractor's name and return remittance address. In addition, the invoice shall
include quote item description, quantity, unit price, total price, location of work and date work completed.
Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work
submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be
itemized to reflect hours worked and material costs.
R. Retainage (Must be withheld at 10% in order to waive performance/payment bonds)
The City Of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice
submitted to the City Of Yakima by the Contractor for labor, supervision, and materials furnished by the
Contractor up to the time of completion and acceptance of job.
Each invoice submitted by the Contractor shall include two separate line items. The first line item is to
reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will
reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City
Of Yakima's acceptance of completed work.
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 ofCity toaward acontract tnthe 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;
CmntractorA\ �
Effective Date:
Expiration Date:
3. Have a current Washington Unified Business Iden1ifier/UQU number;
U8|#:
3. If applicable:
a.Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in
Washington, as required inTitle S1 RCVV
Is account current? (Yes/No)
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 83 0CVV;
4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
Is Contractor disqualified? (Yes/No)
S. Until December 312D13 not have violated more than one time the prefabricated, non-standard,
project specific items reporting requirements mfRCVV39.O4.37O.
Does Contractor have violations? (Yes/No)
G. For public works projects subject tothe apprenticeship utilization requirements ofRCVV3]3J)482O, not
have been found out of compliance by the Washington state apprenticeship and training council for
working apprentices out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under nhapter49.O4 RCVV for the one-year
period immediately preceding the first date of advertising for the project.
Is Contractor in compliance? _ (Yes/No)
7. Per R[VV39J)4.3SOand NCVV39]]6J%2] has the Contractor had Labor and Industries Training orare they
exempt?
Training Complete O Exempt
|sContractor incompliance? _ ,
City ofvoWmaumnsdpuWicwmdo—|nvitationto Quote
Page rof 17
Subcontractor Responsibility
1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall
require each of its Subcontractors to include substantially the same language of this section in each of their
subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply to all Subcontractors regardless of tier.
2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors
meets the following bidder responsibility criteria:
a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have
been in effect at the time of subcontract quote submittal;
b. Have a current Washington Unified Business Identifier number (UBI);
3. If applicable, have:
a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working
in Washington as required in Title 51 RCW;
b. A Washington Employment Security Department number as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number as required in Title 82
RCW;
b. An electrical Contractor license, if required by Chapter 19.28 RCW;
c. An elevator Contractor license, if required by Chapter 70.87 RCW.
4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3).
5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
6. For public works projects subject to the apprenticeship utilization requirements of RCW 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 supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year
period immediately preceding the first date of advertising for the project.
7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are
they exempt?
City of Yakima Limited Public Works — Invitation to Quote Page 8 of 17
Certification of Compliance with Wage Payment Statutes
(To be swbm4ttei"wvith #uote For'n)
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 R[VV49.48.O82' 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 ofLabor and Industries orthrough a civil judgment entered by court
oflimited nrgeneral jurisdiction.
| certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and
correct.
Bidder
Signature of Authorized Official*
Printed Name
Tide
City State
Check One:
Individual O Partnership [] Joint Venture [] Corporation []
State of Incorporation, or ifnot a corporation' State where business entity was formed:
|faco'portnenhip'give firm name under which business istransacted:
* 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
City of Yakima Limited Public Works — Invitation to Quote Page 9 of 17
AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE #22044S
THIS AGREEMENT, entered into this day of September, 2020, between the City of Yakima, a Washington municipal
corporation ("City"), and ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows:
1. Scope of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as
"Services") according to the procedure outlined in the specifications of Quote #22044S Titled Annex Building Fence Partition and
the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s),
which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
Work is estimated to be complete by 9/30/20. Final work schedule shall be coordinated with Project Coordinator Martin Cueva-
Ramirez, (509)728-6289.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required
for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are
mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner
and upon the conditions provided for the Contract.
3. 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 valid. Contractor may be required
to provide a detailed cost estimate for the proposed change.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of
the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall
Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
6. 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 conceming the City and said project which is not otherwise a matter of public
record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose
that information without the express written consent of the City.
City of Yakima Limited Public Works — Invitation to Quote Page 10 of 17
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. Contractor's records relating to
the Services will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine,
audit and copy) all of Contractor's books, documents, papers and records which are related to the Services performed
by Contractor under this Contract.
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.
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. 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).
City of Yakima Limited Public Works — Invitation to Quote Page 11 of 17
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.
RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the
appropriate prevailing wage rate for the services being provided.
b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding
agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by
the Department of Labor and Industries. Following final acceptance of a public work project, and before any final
money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages
Paid, certified by the Department of Labor and Industries.
RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department
of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the
Contractor.
The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be
found at the following website address of the Department of Labor and Industries:
hfs:lifortress,wa,govllnilwagelopkuplprvWaelpokup..spx.
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, August 27, 2020.
A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, 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
Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information
such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests.
The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in
its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable
law.
RCW 42.56.230 (7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address, social security
number, or other personal information required to apply for a driver's license or identicard.
RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of
a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this
chapter, and the director of labor and industries or the director's designee.
WAC 296-127-320 Payroll
(1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by
the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly
rate of usual benefits as defined by WAC 7916 12',' 014(1), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC 296 nl `?t 02 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 3912 010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the
department.
City of Yakima Limited Public Works — Invitation to Quote Page 12 of 17
(3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12.050.
13. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age,
marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or
physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12101 et seq.).
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-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.
14. 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,
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. If any suit, judgment, action, claim or demand arises out of, or occurs 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 of Employer's Immunity under Title 51 RCW. If 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 RCW,
Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractors
indemnification, defense, and hold harmless obligations set forth above in section A, Contractor specifically waives any
immunity granted under Title 51 RCW, 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 directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable
in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The
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 terms of this section shall survive any expiration or termination of this Contract.
City of Yakima Limited Public Works — Invitation to Quote Page 13 of 17
15. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect
the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A
copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance
shall be provided to the City, prior to commencement of work.
The following insurance is required:
a. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the
City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million
Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on
the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state
who the provider is, the coverage 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 of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The 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. The business auto liability shall include Hired and Non -Owned coverage if necessary.
Employer's Liability (Stop Gap):
Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting
from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as
needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
City of Yakima Limited Public Works — Invitation to Quote Page 14 of 17
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance and shall not
contribute to it.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and
effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient
cause for the City to terminate the Contract.
Should a court 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 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.
16. Severability
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 without the invalid term, condition or application. To
this end, the terms and conditions of this Contract are declared severable.
17. Contract Documents
This Contract, the Invitation to Quote # ., Scope of Work, conditions, addenda, and modifications and Contractor's
proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific
Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These
Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby
incorporated by reference into this Contract.
18. Termination - Convenience
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 date such written notice is delivered to the applicable party to the Contract.
19. Termination - Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor
are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract.
The effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first class mail,
certified with return receipt requested.
20. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation
or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally,
in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
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.
City of Yakima Limited Public Works — Invitation to Quote Page 15 of 17
24. 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 ovemight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to:
TO CITY: City of Yakima Purchasing
City Hall —Second Floor
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR:
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.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA (ENTER CONTRACTOR NAME)
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
City of Yakima Limited Public Works — Invitation to Quote Page 16 of 17
SEPARATE ATTACHMENTS:
SAMPLE CERTIFICATE OFINSURANCE -O5282DAcCUno35
WITH ADDITIONAL INSURED ENDORSEMENT - 052020 SAMPLE ENDORSEMENT (Applies to all projects)
City ofYakima Limited Public Works—|nvitationto Quote Page 17ofxn
8/14/2020
3207
Yakima Police Department
Martin Cueva-Ramirez
200 South 3rd Street
Yakima, Wa. 98901
509-469-4885
YakimaFencing.com
selahfencecompany@gmail.com
Description
Due on receipt
Price to supply and install approx. 48 feet of 13 feet high galvanized chain link fence with (1)
4' sliding gate.
Materials used: 3" x sch40 end and corner posts, 2-1,2" sch40 line posts, 1-5/8" x sch40 top
rail, middle rail, and bottom rail, 2" x 9ga x 7and 2" x 9ga x 6' galvanized chain link fabric,
slide gale to have an overhead trolly and floor mounted guide ‘vheels. All posts to be plated
and bolted to the floor
Prie to supply and install approx. 36 feet of 8' galvanized chain link fence with (2)4' wide
sliding gates and a galvanized chain link top.
Materials used: 3" x sch40 end and corner posts, 1-5/8" x sch40 top rail, middle rail, and
bottom rail, 2" x 9ga x galvanized chain link fabric, (2) 4' wide slide gates with an overhead
trolly and floor mounted guide wheels. All posts to be plated and bolted to the floor, 1-5/8"
franie for the chain link cover, 2" x 9ga x 6' galvanized chain link fabric, panel clamps to hold
the top in place
*Prevailing wage job.
Additional 4% charge is required for Visa or
Magerc, r_4 merlons.
Qty
Rate
Total
5,018.46
5,229.35
5,018,46T
5,229.35T
TERMS & CONDITIONS Payment terms are 'A down payment due upon signed contract,
and the balance is due upon completion. Material only orders are to be paid in full at time of
ordering. Contract withdrawn if not accepted within 30 days. Returned product is subject to
a 20% restocking fee. Selah Fence Company will assume responsibility for having public
utilities located / inarked. Selah Fence Company assumes no responsibility for damage to
sprinkler lines or any other unmarked buried lines or objects. Selah Fence Company assumes
no responsibility concerning property lines or in any way guarantee their accuracy. 1 f
property pins are not clearly visible, it is recommend that customer has the property
surveyed. Selah Fence Company shall advise the customer as to local zoning regulations but
responsibility for complying with said regulations and obtaining any required permits shall
rest with the customer, Any additional work not covered in this contract requested by the
customer will be added
[Tic. # SELAHFC866DQ
Subtotal
$10,247.81
Sales Tax (8.3%)
S850.57
Down Payment 50% of Total
Total
Signature
$11,098.38