HomeMy WebLinkAboutFarmers Electric II, LLC & Northeast Electric, LLC - Tie Breaker Agreement Tie Breaker Agreement
THIS AGREEMENT made and entered into in triplicate,this 9 day of «.04%2020,by and between the City of Yakima, hereinafter called
th Owner, and ''c <"v1r c_ 11_LC— a Washington Corporation, hereinafter called Contractor 1 and
tw aS4- at C.j LLC✓ a Washington Corporation,hereinafter called Contractor 2.
WITNESSETH:
That in consideration of the terms and conditions contained herein,the parties hereto covenant and agree as follows:
As the Bids of Contractor 1 and Contractor 2 for Wastewater Pump Station Improvements,Project No.WP2527are exactly equal
as opened and read publicly on November 23w,2020,in Yakima,WA,and as both Contractor 1 and Contractor 2 are responsive
and responsible bidders,the City shall determine the project award to the successful Contractor by a Tie Breaker process,as
provided in Washington State Department of Transportation(WSDOT)2020 edition specification 1-03.1(1).
II. Contractor 1 and Contractor 2,hereby promise and agree to perform the WSDOT Tie Breaker procedure as specified in 1-
03.1(1).The successful contractor shall be identified through the Tie Breaker process and shall thereafter perform the actions of
the successful bidder as detailed in the WSDOT specifications.The unsuccessful contractor shall accept the outcome of the Tie
Breaker process and promises and agrees he shall neither contest the award of the contract to the successful contractor nor
appeal the Tie Breaker process employed to identify the successful contractor.
j III. INDEMNIFICATION. Contractor 1 and Contractor 2 shall defend,indemnify,and hold harmless the City,its officers,elected
officials,employees and agents from and against any and all claims,causes of action,damages,losses,and expenses of any
kind or nature whatsoever,including but not limited to,attorney's fees and court costs,arising out of,relating to,or resulting from
the Tie Breaker process employed to resolve the matching bid values and to identify a successful contractor in accordance with
the agreed upon WSDOT Specification 1-03.1(1).
IV. Contractor 1 and Contractor 2 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 Contractors.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this agreement,except as
expressly provided herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
CITY OF YAKIMA CONTRACTOR 1
r
this Ar day of 2020. CO,SMe f.� �- e_ � a �t� Corporation
L/ actor
ama& By:
City Man.,er
Attest: ����•���y
/, �I (Print Name)
City� `-r ® ..�, M� K Its: 0.�10•�i q MSLI �
(j President,Owner,etc.)
CITY CONTRACT NO: -Z =�-1� 1** . Address: vv Fv 'y�LJy_�_ 1 111000
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RESIOLUTION NO: r\/r am �� '' O\ \U! V.�P1 f 114
`F�{,,,, CONTRACTOR(_,2
N�l 1 '1i��5� E�GT 1 1 Ci(IC,a eLQdl1ta Lorporation
Contractor
By:
Sophia 1-1 al er..
r' 'n^ �/�� (Print Name
Its: j\) X.0 V l�k e l/
,1(President,Owner,etc.)
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Address: 1 -7% k (V 1i1- Y
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