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HomeMy WebLinkAboutDecowork - Agreement 22110S Capitol Theatre Box Office RenovationAGREEMENT 2211 DS corporation (00W), and Decowork, ("ContractoO. WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree follows: 1. Scope of Work The Contractor shall Derform all work and service(s) aTd kiT :1 0491T: .7-XT,-- MMU-7-M. 04117. F7177, Wrjr, I I IT6111 1 $111 i;) (45 Mi. 9x- fart thereof. Work is estimated to be complete 70 days after Notice to Proceed. Final work schedule shall be coordinated with Project- Coordinator Brian Palandri at (509) 853-8324. 2. Compensation The City agrees to pay the Contractor accordino to Exhibit B, attached hereto and incoNorateg manner and upon the conditions provided for the Contract. 3. Change Orders "JR41WAIII: 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 ContrAoft�-otall. at all T, 2raTisr 7-.T7-09IT#ft?iIhQ T-1 9 1.11 anLz�= � 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. TF7 I 6. Property Rights ry M15, - whole or part, now or at any time disclose is without the express written consent of the City. 7. Inspection and Production of Records a. The records relafing 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 inspecfion 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 compensafion 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 Contractors 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. The terms of this section shall survive any expiration or termination of this Contract, S. Work Made for Hire All work the Contractor perforrns under this Contract shall be considered w m 9. Guarantee following ft date of completion and acceptance of the Services, 10. Compliance with Law To the extent applicable, all equipment or materials shall corngly with Washin5ton State vehicle regulations. FVeT-1 X1 ,174M MORONS �,Xlw NO 011111 1; 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 Identcation (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). a. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 11. Prevailing Wages a Cn - W sill IV "t 11 miqi ill Q tar 12 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. k. 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, cered by the Department of Labor and Industries. c. 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. I M M, armn OMM W171 �1 1-1-11141114411 3 1� FMIM HVI Tt7;-Uf,iiri-MTZ6-fl-2-nUtitreet.'faKlma, ;;A 96901—Apon 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�pr*ed to City, vAth employee iAt�r!% suck 2S 12St MX9, rt" )OVI16 fi4� public records requests. t J'V�MMWIMM 17. Contract Documents This Contract, the Invitation to Quote #21904S, Scope of Work, conditions, addenda, and modifications and are complementary. Specific Federal and State laws and the terrns 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 m '5kis Gixtmct r%2y te tewix�abf ty either X2&j 1y jiviAS t%y (31),tays wrlt:en iii�ceif sych interit ant will izl"Im- I - thirty (30) days from the date such written notice is delivered to the applicable party to the Contract, 19. Termination -Cause The Citv reserves the 10ht to terminate 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, cered with return receipt requested. 20. Force Majoure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, pandemics, war, 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 e-014F, i io 10 -��J@fly Dina Gontractor to ah the terms, performances aw v'rovisions of this Contract. 24. Notice AJY Tara7 UYU 40rflf i=&f ft, kZ SiveX ater TNis rZtMraet s%all /!g i6,,NtiAj-w1 leemat aff&ctive- if aar ta?L li , in person or by overnight courier, facsimile or first class mail, ceMed with return receipt requested. Notices to the parties shall be delivered to: TO CITY: City of Yakima Purchasing Maria Mayhue, Purchasing Manager 129 North Second Street Yakima, WA 98901 TO CONTRACTOR: Decowork Dalsaku Nagaoka, Owner 1427 Meade Ave Prosser, WA 99360 25. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance wfth their terms. IN WIjTNES WHEREOF, the parties hereto execute this Contract as of the day and year first above wriften 0 DECOWORK C1 I By: Robed Harrison, City Manager Date: Date: Daisaku Nagaoka A (Print name) City C1 C,TY'COWRACT ff&-auao-b I RL RESOLUTION NO: — NIIA- ME w ;� t Separate Separate CITY OF YAKIMA LIMITED PUBLIC WORKS V INVITATION TO QUOTE #22110S FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,001 Capitol Theatre Box Office Renovation LOCATION: l933rdStreet, Yakima, VVAg89Ol RETURN QUOTES TO: MahaMayhue@yaNmawa.gov ISSUE DATE: February 22,2O2l DUEDATE/TyNE: March 8^2OZ1/5:UOpmPST Small Works Roster Project Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is Intent to Pay Prevailing Wages, and Affidavit ofPrevailing Wages paid must be filed by both the General Contractor and any Subcontractors working onthe project, ot Contractor's expense, and posted as approved by Labor and Industries (L&I) prior to payment. See attached contract for further details. Certificate ofInsurance Please contact your insurance company and have them send us a Certificate of Insurance naming the "City of Yakima, its Agents, Employees and Elected urAppointed Officials asAdditiuna||nsured"pertheattachedsamp|em'iththesameHmi$ofcoverage. The Certificate needs tnbeaddressed as shown and include an attached Additional Insured Endorsemeryt oritwill bereturned 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 !ASite Visit is not mandatory; however, interested parties are strongly urged to attend. To arrange a site visit, contact the Project Coordinator listed above gn gr before March 5, 2021. Nosite visits will bescheduled after this date. Wearing of PPE and social distancing will be mandatary during the site visit. Please see the attached CObYD-1g requirements for site visits. 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 becompleted asagreed upon inthe resulting contract. Work Hours and Schedule Work &obecompleted M-F, 8:00a.m. tn5:00p.m,excluding legal holidays Scope of Work Contractor will purchase and install the following elements inthe Capitol Theatre Box Office inaccordance with the specified zm1naBox Office Renovation — Capitol Thamon Page 1m10 All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications aspresented by the City ofYakima. Work shall be performed using the recommended pmcessbe|ow,udng specified materials and brands or approved and ggggptable egual. Recommended 1>VVa|nut soft close, dove tail cabinets along South and West walls 2)Pen1a|argentocolored Cambria Quartz counter top along South and West walls 3)Open walnut shelf unSouth wall 4)Floating Quartz shelf onSouth wall 5) Indoor -Outdoor pental argento colored Cambria Quartz counter along North wall 6) Under counter walnut soft close, dove tail cabin ets/d rawer/shelves along North wall 7) Under counter cash drawers at box office agents' seating positions on North wall (x2) 8) New box office window approx: 53 1/2" x 44" made of Level 2 (or higher) bullet resistant glass with appropriate openings to accommodate box office transaction slots and teller intercoms. (see below) 2. Box office transaction slot hardware: CRL 720A Satin Anodized Semicircular Design Ticket Window with 6-1/2" x b,Teller Intercoms: Telex ICVV-6Window Intercom w/MCP-9O-18YNic (x2).Tobeconnected toand made operational with the existing system. 9)New luxury vinyl flooring with minimal floor prep included for leveling l0New wooded trim around box office window and door tumatch new design 11)Paint all walls and ceiling tomatch with new design 12) Material Specifications: COUNTERTOPS: CAMBRIA LUXURY GOLD TO INCLUDE FURNISH AND INSTALL, TRANSITION PIECES, EDGE TREATMENTS IN QUARTZ, FLOATING SHELVES A BLOCKING FOR SUCH AS NECESSARY. I 13) Please reference 1hefd|owimgattaohments a Attachment A — Draft Cabinet Layout it Attachment B — Box Office Photos 2211uGBox Office Renovation — Capitol Theatre Page 2of19 �Number ofDays toComplete Work: Comments: � Quote is Firm for: Days (Minimum of3ODays) Guarantee: Minimum ufone (1)year onwork. Warranty: Minimum of_years onmaterials. Permit Required: Yes E or No X ' Delivery Terms: All materials are to be quoted F.C.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. |nsigning this Quote wecertify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person orfirm tosubmit ornot tusubmit 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 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 I CompanyAddress Name ofAodhuhzedCompany Rep�sentadve�YpeorPdmU iTide Signature of Above Email Address VVMBE/D8EVendor Certification Number (if applicable) Phone Number [-| | hereby acknowledge receiving Addendum (a) (Use as many spaces as addenda received.) 2211n8Box Office Renovation — Capitol Theatre Page ouf1e 11 A. Additional Work sheet entitled "Additional Materials/Labor Required". 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. Aidder jt [Lsp2n�lble for ve6fication of 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 mfQuote The City of Yakima reserves the right to reject any or all quotes or accept an; 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 ofwork. Itwill bethe Contractor's responsibility to procure any licenses or permits required, 10complete the project. The Contractor is responsible for all traffic control and barricades, ifapplicable. You can contact the Codes Department a1(5D9)575'612lor (509) 575'6126 or visit the Codes xvebsi1e at: for information. 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 inthese specifications. 22m1oGBox Office Renovation — Capitol Theatre Page 4ox1n H. Workmanship with industry standards for the performance of construction and services of a similar nature. The 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 aheU 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 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 to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. L 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 (brochures, samples, drawings, etc.) 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 a Change Order addressing Pollution Control aswell asany change incost may heexecuted byPurchasing. M. Protection mfUtilities 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 byR[W 19.122.030 to 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 is#811. 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. 22y1oeBox Office Renovation — Capitol Txoaoo Page sof1g 0. Repair mrReplacement 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 oradjacent 1othe project area. This includes complete replacement of items that are beyond repair as determined by the Should adjacent property be damaged inany manner, Contractor shall immediately contact the Project Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, prnperty, 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 Cit/o 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. 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 1othe 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. Q. Payments Upon final inspection and acceptance of the work by the [hy, 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 bemailed within thirty (30)days of acceptance ofthe completed project, post -work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized 1mreflect hours worked and material costs. R. Retainage (Must be withheld ot1L% in order to waive performancelpayment 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 ofYahima'sacceptance ofcompleted work. 22u1ooBox Office Renovation — Capitol Theatre Page nov1e Bidder Responsibility Criteria: It isthe intent of City to award acmntract tothe low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria tobeconsidered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: I. Have acurrent certificate ofregistration as aContractor incompliance with chapter 1Q.Z7RCVV which must have been in effect at the time of quote submittal; Cortractor#: -_ - Effective Date: Expiration Date: l Have acurrent Washington Unified Business Identifier (UB|)number; U8|#x 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; |oaccount current? Yes/No b Have aWashington Employment Security Department number, asrequired inTitle SURCVV c. Have a Washington Department of Revenue state excise tax registration number, as required in Title @2RCW; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? S. Until December 31,ZO13,not have violated more than onetime the off -site prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? Yes/No 6 For public works projects subject tothe apprenticeship utilization requirements ofRCVV 3.0.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of radio' without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under ohapter49.Q4 R[VV for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? uo11o8Box Office Renovation — Capitol Theatre Page 7ov1e 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are th exempt? i Is Contractor in compliance? 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 toall Subcontractors regardless oftier. 2. Atthe time ofsubcontract execution, the Contractor shall verify that each ofits 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 ineffect atthe time ufsubcontract quote submittal; b. Have acurrent Washington Unified Business Identifier number (U8|); Ifapplicable, have: a. Industrial insurance (worker's compensation) coverage forthe Subcontractor's employees working inWashington as required inTitle 51RCVV; 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 ROW; b. Anelectrical Contractor license, ifrequired byChapter 19.28R[VV c. Anelevator Contractor license, ifrequired byChapter 7O.87RCVV. 5. Until December 31,2O1Inot have violated more than onetime the off' ke,orefabdcated,non'standand, project specific items reporting requirements of RCW 39.04.370. For public works projects subject to the apprenticeship utilization requirements of RCW 3.0.04.320, n have been found out of compliance by the Washington state apprenticeship and training council f working apprentices out of ratio, without appropriate supervision, or outside their approved wo processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one -ye period immediately preceding the first date of advertising for the project. I they exempt? 22y1oGBox Office Renovation — Capitol Theatre Page om1e Certification of Compliance with Wage Payment Statutes (Submit with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date the bidder is not "willful" violator, as defined in RCVV49.48.DQ2, of any provision nfchapters 49.4b,49.48, or 49.52 RCVV as determined by 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 oflimited orgeneral jurisdiction. | certify under penalty of perjury under the |amn of the State of Washington that the foregoing is true and correct. Bidder�---- —� Signature of Authorized Official* Printed Name Tide Date City State Check One: Individual O Partnership [] Joint Venture O Corporation O State of Incorporation, or ifnot a corporation, Stab* where business entity was formed: |faoo'partnershiAgive 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 byevidence ofauthority &osign),Ifom-partnership,proposal must be executed by a partner. um1o8Box Office Renovation — Capitol Theatre Page 9ov13 K41,11:1 I to] 0 1 am I :F_111 I OV:3 I-1011101 a a LeN011111 IN A 0 THIS AGREEMENT, entered into this day of -, 2021, 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 #2211 OS Titled: Re -quote Capitol Theatre Box Office Renovation 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 Final work schedule shall be coordinated with Project Coordinator Brian Palandri 509-853-8324. 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 concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 2211 OS Box Office Renovation — Capitol Theatre Page 10 of 19 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 maybe 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 Contractors 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 orthis 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). 2211 OS Box Office Renovation — Capitol Theatre Page 11 of 19 8. Contractor must provide proof of8valid Washington Employment Security Department number as required by Title 50 11' Prevailing Wages The Contractor will comply with all provisions OfChapter 39.12RCVV'Prevailing Wages OOPublic Work. a, RCW 39.12.010'the Prevailing Rate of Wage. Kissolely the responsibility of the Contractor todetermine 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 nfLabor and Industries. Following final acceptance ofapublic work project, andUefomanyfin@| money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified bythe Department VfLabor and Industries, c RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged bythe Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the COnt[8Ck>[. The State UfWashington orevo|ngw@ge rates applicable for this public works project, which is located |nYakima County, may be found at the following website address of the Department of Labor and Industries: Based on the quote oubm|M8| for this project, the applicable effective (start) date of this project for the puqpnegS of determining prevailing wages iSthe quote date, March 8.2O21. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located at 129 N2OdStreet, Yakima, VVAB8SO1. 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 aolast name, SSNand address, redacted |naccordance with iOorder tOprovide 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. record used k)prove identity, age, residential address, social security number, Orother personal information required 1Oapply for a drivers license oridHnMCRvd. RCN/39./2.010():An"Interested Party" for the purposes ofthis chapter shall include 8Contractor, Subcontractor, 8Oemployee Of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director oflabor and industries nrthe director's designee. . (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works projectby the contract awarding agency, showing the name, address, GOCiG| Security number. trade or occupation, straight time rate, hourly rate Ofusual benefits au defined by WAC and hours worked each day and week, including any employee authorizations e»3Cu08d pursuant to VVAC , and the 8ctUG| rate of wages paid, for each |8bVnBr' worker' and mechanic employed bythe Contractor for work performed onapublic 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 byRCVY 4\.file Gcertified copy 0fthe payroll records with the agency that awarded the public works contract and with the department. uu11oGBox Office Renovation — Capitol Theatre Page 1uof1V (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 13. Nondiscrimination During the performance ofthis Contract, the Contractor agrees eufollows: The Contractor shall not discriminate against any person on the gn}UOdS of race, cre8d. CO|Or, naUgi0n' n8§0Oe| origin, S8x. 8g8; marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in v|8|aU0O of the VVGShiAg0DO State Law Against Discrimination (RCVV chapter 49.0U) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not belimited to the following: employment, upgrading, demotion, h3nsfe[recruitment,advedising. layoff 0rtermination, rates of pay urother forms of compensation, selection for training, and the provision of 8on/|C8S under this In the event of the Contractor's noncompliance with the non-discrim|nation clause of this contract or with any such rules, regulations, O[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 G. Contractor shall take all necessary precautions in pGMoUmiOg the Services to prevent injury to persons orproperty. Contractor agrees to defend, indemnify and hold h8nnleS8 the Ckv. its elected and appointed Vffici@ls, officers, e0p|OyeVS. attorneys, @QeDkS. and volunteers from any and all C|oimS' de08OdS. |OSuem' ||enG. ||abi|iUeS, 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 Vragents. b.�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 Chv. Ortheir elected or appointed officials, QffiC8cg' employees, agents, attorneys 0[volunteers, pursuant hothis Contract, each party shall beliable for its proportionate share ofnegligence for any resulting suit, judgment, 8cUQn' C|aim, demand, damages or costs and 8xp*na8S. including [ea8Vn8N9 8fto[Ooyu'feGs. c. Contractor's Waiver of Employer's Immunity under Title 51RCW. If any design 0engineering work is done pursuant h]this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in G8cU0n (a) Sh8|| operate with full effect regardless of any provision 03 the contrary in TlU9 51 RCVY, Washington's Industrial Insurance Act. Accordingly, tDthe extent necessary 0nfully satisfy the Contractor's 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 Ofthe Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and v0|UD1e8ru. 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 beliable 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 |nthis Section Vrthis Contract shall b8construed 0Jcreate 8liability Ora rightOfiOdomn0CatioOiO any third party. e. The terms Ofthis section shall survive any expiration Ortermination V[this Contract. uu11u8Box Office Renovation — Capitol Theatre Page 1uwf1e ` 15. Contractor's Liability Insurance At all times during performance of the 8ew|ue6 and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all d8imo. damages, |Os8eS, 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 Qh/ reserves the right to require higher limits should it deem it necessary in the best interest ofthe public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each ofthe policies and outlined herein. A copy ofthe additional insured endorsement attached 0Dthe policy will b8included with the certificate. This Certificate nfinsurance shall beprovided to the City, prior to commencement of work. The following insurance is required: attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state 6ORN Mes RM1011M i Me rFrM =m 9 MMI 73M* RMIQla 74149M isi 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. Automobile Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate Of iOSu00c8 as proof of automobile UGbUib/ |nSUn8nD3 with 8 minimum |i8bi|dv limit Of Two Million DO||@rS ($2'000,000.00 per occurrence. IfContractor carries higher COveragm|i0ds,muoh||mdamhal|boohownunth8Certific@teQf|DSu[8DC88Dd Endorsements and the City, its elected and appointed officials, employees, oganha' attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage G0OWOt, the policy number, and when the policy and provisions provided are in effect. Said policy Sh@U 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,V|| or higher in BeSt'S Guide and admitted in the State of Washington. The requirements contained herein, as well as City VfYuk|ma'S review or acceptance Of insurance maintained by Contractor is not intended to and Sh8|| not in any 08DOe[ limit O[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 zm1oGBox Office Renovauvn-napxo Theatre Page 14m1e 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 #22101 S, Scope of Work, conditions, addenda, and modifications and Contractors 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. 2211 OS Box Office Renovation — Capitol Theatre Page 15 of 19 24. Notice Lima "IM-1 1*41 11 W1_ I -' "M j TO CITY: City of Yakima Purchasing TO CONTRACTOR: City Hall —Second Floor 129 North Second Street Yakima, WA 98901 25. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. • City Manager Date: City Clerk 1 1- '44 , I Date: %E= 2211 OS Box Office Renovation — Capitol Theatre Page 16 of 19 be conducted as follows: 1 . Each Contractor will be scheduled a specific one -hour block of time to perform its site visit. There shall be a minimum of thirty minutes between site visits. Site visits will be scheduled by contacting the Project Coordinator and will be scheduled on a first come, first served basis. 2. Each Contractor is required to maintain at least six (6) feet of separation from city staff as well as all other personnel present for the site visit. C Every person at the site visit is required to wear a face mask and protective gloves. Masks and gloves will be provided by the City if requested. Additional personal protective equipment may be used by the Contractor or staff and is encouraged. If a contractor does not request masks and gloves, and does not have the required protective equipment at the time of the site visit, the site visit will not occur. Thank you for your cooperation to ensure the safety of others while performing the site visit. If you have any !�uestions regarding the site visit, or to schedule the site visit, please contact: 2211 OS Box Office Renovation — Capitol Theatre Page 17 of 19 0 DATE (MWDDIYYYY) ACCPR" CERTIFICATE OF LIABILITY INSURANCE CURRENT DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE PHONE rw ®_ _INSURER 9 AFFORDING RAGE NAIC N INSURERA: A-VIII OR BETTER, ADMITTED CARRIER INSURED INSURER B; Entity Insured Address INSURER C !NSURFR_Q_ INSURER E : I IM80 F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mm IN TYPE OF INSURANCE `710.00F POLiCyNUMBrR IMM1 Y 'A IM—MI YYYYJ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE FRIOCCUR PREMISES Ee oaurrenco $ 100,000 _MIED EXP (Any one person} $ 5,000 A POLICY NUMBER START STOP PERSONAL & ADV INJURY $ 1,000,000 13F,9tAGGRFGATF LIMIT APPLIES PER DATE DATE GENERAL AGGREGATE $ 2,000,000 PRO- PrOt."Ox "CT LOD PRODUCTS - COMPIOP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMTT 11 2.000,000 ff ANY AUTO BODILY INJURY (Per person) OWNED SCHEDULED A AUTOONLY AUTOS POLICY NUMBER START STOP BODILY INJURY (Per accided) $ HIRED NON -OWNED DATE DATE AUTOS AUTOS ONLY . ...... . . .... :EXCESSIA.DE �=EA�L'OCCUR AGGREGATE $ RFD- RETUNTIONS $ WORKERS COMPENSATION X AND EMPLOYERS' LIABILITY YIN __Ja1'A_THT E� ANYPRi-A�RI"Ot4,PARTNEIVEXr,CWIVr A MCENMEW.PrIOLUDED9❑NIA POLICY NUMBER START El EACH ACCIDENT $ 11,000=0 STOP IM41MMOrY M NN) DATE EL DISEASE -EAEMPLOYEE ------1,000,000 DATE STOP GAP/ EL ONLY 5 1 WTIOL'1n1.AItCN§ W_. I ] ------ L1 I El, DISEASE - L P '000,000 SL_�T - - - 'I - _ - - ---------- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more specs Is required) The City of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are Included as Primary/Non-Contributory additional insured. See attached Additional Insured Endorsement, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 129 N. 2nd St. AUTHORIZED REPRESENTATIVE Yakima, WA 98901 SIGNATURE 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2211 OS Box Office Renovation — Capitol Theatre Page 18 of 19 1�7K Will! 1 Lilly .1 A H 1111121161111 =11 k, I lie] Z+_1 =I J, 140 1 &1 a, I !Ilil, D 9 1111111 a` I I =11 I �1[41 I g 1111[li I I A Is a 1111 :1 -1 II&M, 041111111111 gull This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART E 163wlllillllll Name Of Additional Insured Person(s) Or 0[ganization(s): I The City of Yakima, Its agents, employees, authoril :ontributory additional Insured. re =H - A. Section 11 — Who Is An Insured I include as an additional insureapthe• organization(s) shown in the A�he with respect to liability for "bodlityall damage" or "personal and ady I caused, in whole or in part, by::::: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) de nated above, B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. 2211 OS Box Office Renovation — Capitol Theatre Page 19 of 19 Al I I V V r3 /1 18 A JO1f;4 Z All dimensions -size designations This is an original design and must Designed: 9/19/2018 given are subject to verification on not be released or copied unless Printed: 10/25/2018 job site and adjustment to fit job applicable fee has been paid or job conditions. 2020 order placed. CAPITOL TBEATER 1 WSF396(90) WSF396(90) -sizeAll dimensions . given are subject •verification • � 1r - - i r . - ♦ s 6 -t o .�. . • . F ' � ! .. .' • ', conditions. �:. ! " •. I CAPITOL THEATER 1 I All I Drawing #: 1 I No Scale. C6 tU � N Oo N .om= Q r-i o Uco CO N Scanned with CamScanner -r