HomeMy WebLinkAboutMBI Construction Services, Inc. - Agreement for New HVAC Unit AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE#22213S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and MBI Construction Services, Inc.,(-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#22217S titled Public Works HVAC Unit—Signs/Lines.
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 within 30 days of receipt of HVAC unit. Final work schedule shall be coordinated with Project
Coordinator Casey Wentz, Public Works Building Superintendent. (509) 379-1549.
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 matenals 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. 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.
4. 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.
5. 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.
6. 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
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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
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.
7. 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.
8. 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.
9. Compliance with Law
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 maintain 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 maintain a City of Yakima Business License and pay all
charges. fees, and taxes associated with said license.
b Contractor must provide proof of a valid Washington State Contractor Registration number
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number. as
required in Title 85 RCW.
d Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101
or 36.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in
the City. County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima
at their own expense. without regard to whether such corporation is actually awarded the contract, and in the event
that the award is made, prior to conducting any business in the City.
10. 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
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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 lndustnes.
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.
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: ?fortress wa.gov'lni'wagelookup prvWagelookup.aspx.
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. May 9, 2022,
11. 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 dnvers 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 . (1), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC '96-127.02;, 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 ROW (4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the
department
(3)A Contractor's noncompliance with this section shall constitute a violation of RCW
12. 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.
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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
13. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about, discussed.or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to
the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of
other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure
is(a)in response to a formal complaint or charge. (b) in furtherance of an investigation, proceeding, hearing,or action. including an
investigation conducted by the employer. or(c)consistent with the contractor's legal duty to furnish information.
14. Indemnification and Hold Harmless
a Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The
Contractor agrees to release.indemnify,defend.and hold harmless the City,its elected and appointed officials,officers,
employees, agents, representatives. insurers, attorneys, and volunteers from all liabilities. losses. damages, and
expenses related to all claims, suits. arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor,or any Contractor's agent or subcontractor. in performance of this Agreement,except for claims caused by
the City's sole negligence. The City's right to indemnification includes attomey's fees and costs associated with
establishing the right to indemnification hereunder in favor of the City.
b If any suit. judgment, action. claim or demand apses 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. Industrial Insurance Act Waiver It is specifically and expressly understood that the Contractor waives any immunity
that may be granted to it under the Washington State industrial insurance act. Title 51 RCW, solely for the purposes of
this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit
acts or any other benefits acts or programs Contractor shall 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, 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 Parties acknowledge
that they have mutually negotiated this waiver.
d Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event
of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City. the Contractor's liability. including the duty and cost to defend.
shall be only to the extent of the Contractor's negligence
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in
any third party
f. The terms of this section shall survive any expiration or termination of this Contract.
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 ansing 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
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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.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance. self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractors
insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs,or other payments made
by Contractor's insurance.
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.
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 certificate of insurance and additional insured endorsement 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-VI' 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 certificate of insurance and additional insured endorsement 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
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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 Contractors liability or
responsibility.
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#22213S, 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. 2r° St., Yakima, WA. 98901. and are hereby incorporated
by reference into this Contract
18. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract.the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy. becomes insolvent,or otherwise takes action to dissolve as a legal entity:
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,30-day notice:
e. Makes an assignment for the benefit of creditors,
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability.
h. Becomes a State or Federally debarred Contractor.
i. Is excluded from federal procurement and non-procurement Contracts,
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract:
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary, or containing Personally Identifiable Information.
I. Contractor performance threatens the health or safety of a City, County or municipal employee: or
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this event. compensation for such partially
completed services shall be no more than the percentage of completion of the services requested. at the sole discretion of the City,
multiplied by the corresponding payment for completion of such services as set forth in the Contract Alternatively. at the sole
discretion of the City.the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund
for goods or services paid for but not received or implemented such refund to be paid within 30 days of written notice to the
Contractor requesting the refund
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Change in Funding
In addition to the above termination provisions. if the funds upon which the City relied to establish this Contract are withdrawn,
reduced. or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the
notice of termination.
19. Prime Contractor
Contractor is the Prime Contractor hereunder The Prime Contractor shall be the sole point of contact with regard to all contractual
matters ansing hereunder, including the performance of work and the payment of any and all charges resulting from its contractual
obligations.
20. Removal of Subcontractor
If dissatisfied with the background, performance,and/or general methodologies of any subcontractor,the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor
for any further work/services under this Contract.
21. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal
income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed
a tax or assessment as a result of this Contract. Contractor shall pay the same before it becomes due.
22. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the
right of the party not in default to avail itself of any subsequent breach thereof. Leniency.delay or failure of either party to insist upon
strict performance of any agreement. covenant or condition of this Contract.or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
23. 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
24. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
25. Venue
The venue 'or any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County. Washington.
26. Authority
The person executing this Contract,on behalf of Contractor,represents and warrants that heishe has been fully authonzed by Contractor
to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract.
27. Change or Notice
Any alterations. including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties: no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall
the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment.
Notice of Business Changes. Contractor shall notify the City in writing within three(3) business days of any change in ownership of
the facilities of the Contractor or of the facilities of any subcontractor The Contractor shall notify the City in writing as soon as
possible, and in no event later than three(3) business days. after any decision by the Contractor to change or discontinue service
that will affect services provided to the City under this Contract.
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The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change
in governing law or policy that. in the sole discretion of the City. either substantially and unreasonably enlarges the Contractor's
duties hereunder. or renders performance. enforcement or compliance with the totality of the Contract impossible. patently
unreasonable, or unnecessary Notices and demands under and related to this Contract shall be in writing and sent to the parties
at their addresses as follows:
TO CITY: City of Yakima Purchasing TO CONTRACTOR: MBI Construction Services,Inc.
Buyer Name. Title 2016 Fruitvale Blvd.
129 North Second Street Yakima,WA. 98902
Yakima, WA 98901 509-453-3326 Ext. 100
28. Survival
The foregoing sections of this Contract, 1-28 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 MBI Construction Service-try
By: Joe Menard Owner �
City Manager k
Date: lAL1 �- Date: 1 ( 2_f)7
hest: „ `AMA rint name)
City Clerk G `t
CITY CONTRACT NO:2A Oq
RESOLUTION NO: V1
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EXHIBIT A
22213S Quote Specifications
Separate Attachment
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CITY OF YAKIMA LIMITED PUBLIC WORKS
) INVITATION TO QUOTE # 22213S
FOR NON-FEDERALLY FUNDED WORK BETWEEN $10,000-35,000
PROJECT NAME: CITY PROJECT COORDINATOR NAME/NUMBER:
Public Works HVAC Unit—Signs/Lines Casey Wentz,Building Superintendent,509-379-1549
LOCATION: RETURN QUOTES TO:
2301 Fruitvale Blvd.Yakima,98902 Casev.Wentz@YakimaWA.Gov
ISSUE DATE: DUE DATE/TIME:
April 18,2022 May 9,2022 at 5:00PM
QUOTE FORM
Small Works Roster Project
Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote.
Prevailing Wage
This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project.
Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any
Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and Industries(L&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
The site meeting is not mandatory;however, interested parties are strongly urged to attend. Site visits will be scheduled with
the Project Coordinator listed above,on or before May 4, 2022. No site visits will be scheduled after May 4, 2022.
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, 7:00 a.m. to 5:00 p.m.,excluding legal holidays
Scope of Work:
Removal and disposal of old HVAC rooftop unit. Purchase and installation of new HVAC rooftop unit specified below.
Installation of electric wiring and natural gas hook ups is required.
City of Yakima Limited Public Works—Invitation to Quote 222135 Page 1 of 19
QUOTE FORM
All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented
by the City of Yakima.Work shall be performed using the recommended process below, using specified materials and brands or
approved and acceptable equal.
Recommended Process/Materials:
Required Unit—No Substitutions Allowed.
Carrier RTU M#48TCFDO8A2A6-0A0G0
Economizer M#ECH-SRT34CB-D2DH
Will require use of crane to be provided by contractor. Contractor to purchase electrical permit and any other permits
required.
*Bidder may quote alternate process for City consideration:Yes❑or No X
Number of Days to Complete Work: 7 Comments:
Quote is Firm for: Days(Minimum of 30 Days)
Guarantee: Minimum of one(1)year on work. Warranty: Minimum of years on materials.
Contractor to provide warranty information on equipment.
Permit Required:Yes Xor No❑
Delivery Terms:
All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must
be included in the lump sum total. No additional charges for shipping or handling will be allowed.
Lump Sum(Pre-Tax): $
City of Yakima Limited Public Works—Invitation to Quote 222135 Page 2 of 19
QUOTE FORM
In signing this Quote we certify 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 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.
We will 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 of Authorized Company Representative(Type or Print) Title
Signature of Above Email Address
WMBE/DBE Vendor Certification Number(if applicable) Phone Number
❑ I hereby acknowledge receiving Addendum(a)
(Use as many spaces as addenda received.)
City of Yakima Limited Public Works—Invitation to Quote 222135 Page 3 of 19
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE#222135
I. GENERAL/SPECIAL INSTRUCTIONS
A. Additional Work
Any additional work found necessary that is not specified in the Scope of Work shall 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
Contractor warrants to the City that materials and equipment furnished will be of good quality and new,
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 4 of 19
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
project area. This includes complete replacement of items that are beyond repair as determined by the
City.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 5 of 19
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.
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.
Q. 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 and verification of Prevailing Wage filings with Labor and
Industries.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 6 of 19
BIDDER RESPONSIBILITY FORM
(To be submitted with Quote Form)
Bidder Responsibility Criteria:
It is the intent of City to award a contract to the 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 in effect at the time of quote submittal;
Contractor#:
Effective Date:
Expiration Date:
2. Have a current Washington Unified Business Identifier(UBI) number; UBI#:
3. If applicable:
a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in
Washington, as required in Title 51 RCW;
Is account current?
Yes/No
b. Have a Washington Employment Security Department number, as required in Title 50 RCW;
c. Have a Washington Department of Revenue state excise tax registration number, as required in
Title 82 RCW;
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
Is Contractor disqualified?
Yes/No
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.
Does Contractor have violations?
Yes/No
6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, 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.
Is Contractor in compliance?
Yes/No
7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they
exempt? Training Complete ❑ Exempt ❑
Is Contractor in compliance?
Yes/No
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 7 of 19
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. Has Contractor been 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 39.04.320, 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 22213S Page 8 of 19
. � V.1'
Certification of Compliance with Wage Payment Statutes
(To be submitted with Quote Form)
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date ( ), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any
provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of
assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court
of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and
correct.
Bidder
Signature of Authorized Official*
Printed Name
Title
Date City State
Check One:
Individual ❑ Partnership ❑ Joint Venture ❑ Corporation ❑
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co-partnership, give firm name under which business is transacted:
*If a corporation, proposal must be executed in the corporate name by the president or vice-president(or any
other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be
executed by a partner.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 9 of 19
AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE#22213S
THIS AGREEMENT, entered into on the date of last execution, 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#22213S titled Public Works HVAC Unit-Signs/Lines
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 ,2022. Final work schedule shall be coordinated with Project Coordinator Casey
Wentz, Building Superintendent, (509) 379-1549.
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. 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 the City.
4. 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.
5. 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.
6. 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.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 10 of 19
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.
7. 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.
8. 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.
9. Compliance with Law
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 maintain 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 maintain a City of Yakima Business License and pay all
charges,fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101
or 36.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in
the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima
at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event
that the award is made, prior to conducting any business in the City.
10. 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.
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.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 11 of 19
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://fortress.wa.gov/I n i/wagelookup/prvWagelooku p.aspx.
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, May 9,2022.
11. 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 (1), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC 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 39.12.010(4),file a certified copy of the payroll records with the agency that awarded the public works contract and with the
department.
(3)A Contractor's noncompliance with this section shall constitute a violation of RCW
12. 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.
13. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about,discussed,or disclosed their own pay or the pay of another employee or applicant. However,employees who have access to
the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of
other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure
is(a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing,or action, including an
investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 12 of 19
14. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The
Contractor agrees to release,indemnify,defend,and hold harmless the City,its elected and appointed officials,officers,
employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the
Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement,except for claims caused by
the City's sole negligence. The City's right to indemnification includes attomey's fees and costs associated with
establishing the right to indemnification hereunder in favor of the City.
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. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity
that may be granted to it under the Washington State industrial insurance act,Title 51 RCW, solely for the purposes of
this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit
acts or any other benefits acts or programs. Contractor shall 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, 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 Parties acknowledge
that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement 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 the Contractor and the City, the Contractor's liability, including the duty and cost to defend,
shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in
any third party.
f. The terms of this section shall survive any expiration or termination of this Contract.
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.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's
insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs,or other payments made
by Contractor's insurance.
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.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 13 of 19
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 certificate of insurance and additional insured endorsement 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 certificate of insurance and additional insured endorsement 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.
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#22213S, 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.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 14 of 19
18. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it
provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,
proprietary,or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee; or
Termination for Convenience
The City may terminate the Contract,without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services requested,at the sole discretion of the City,
multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole
discretion of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund
for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the
Contractor requesting the refund.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn,
reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by
providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the
notice of termination.
19. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual
matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual
obligations.
20. Removal of Subcontractor
If dissatisfied with the background, performance,and/or general methodologies of any subcontractor,the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor
for any further work/services under this Contract.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 15 of 19
21. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal
income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed
a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due.
22. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the
right of the party not in default to avail itself of any subsequent breach thereof. Leniency,delay or failure of either party to insist upon
strict performance of any agreement,covenant or condition of this Contract,or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
23. 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.
24. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
25. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington.
26. 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.
27. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and
intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of
the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as
possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service
that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change
in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's
duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently
unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties
at their addresses as follows:
TO CITY: City of Yakima Purchasing TO CONTRACTOR:
Buyer Name, Title
129 North Second Street
Yakima, WA 98901
28. Survival
The foregoing sections of this Contract, 1-28 inclusive, shall survive the expiration or termination of this Contract in accordance with
their terms.
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 16 of 19
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA CONTRACTOR NAME
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 17 of 19
ATTACHMENT A-SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT
A v"LEA CERTIFICATE OF LIABILITY INSURANCE DAVA'""501:01"Y1
THIS CERTIFICATE tS 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 cert+Ncate holder le an ADDITIONAL INSURED,the policypeal must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION 13 WAIVED,eubtact to the terms and oondellons or In.poesy certain pollclee may require en endorse.nent A statement on
this certificate does not confer rights to the certificate holder In lieu of such en4orsementlsl
eROO51CfI s .hSURANCF k.3FNT INFQRMATICiN
INS..HAN:f Ali€VT ISSUING CERTIFICATE P4011E FAA
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INSIJMEN A A-'VII OR BETTER.ADMITTED CARRIER
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER.
THIS IS TC I_L'4IlI-T THtAT ty1 S OS, INSURANCE U5'LU BELOW HAVE BEEN Iris..=D TO T-IF INSURFE i.:.l1Fr `:F FOR T-If POLICY PERX3D
INDICATFO NOTWITHSTANDING ANY RFO.lIREMENT.-ERN OR C17NCITION OF ANY CONTRACT OR OTHER L3 :,r+ 11 'rl'Ii ICESPEC1 'D'.YHICH THE
CERTIFICATE MAY BC ISSUED OR MAT PERTAIN. THE INSURANCE AFFORULU BY INE POLICIES DESCRIBEC-c REIN IT SUBIEC-"LI All TI-s TpRMS
EXCLUSIONS ANC COAMI'IONS CF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN RED-ICED Sr PAID CLAIMS
old LTR TYPE OF N.IIAAARCE "ABbl Wee .... %%ppLL1�♦��lF► Pa Y
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AMOMO'PR.+C:rt i'419 It/Rt C-11,i •P' --'JF _L EACH At=_OI N' I I OCX]CCII
A oFFICreuruergr.cuOU., NrA POLICY NUMBER
I1ee1.YlaryMsell cl?ATASE EAENPI .EE I IMDJ.COO
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EL OISE,AgE-Pea.{YLIMIS s I 003.0C9
LtCMMTIONo•OPERAIRINSI LOCATIOLS YLIIICLESIA=0RO 101,ANONIPnM R.me.e.SeWd.M,m.I lu.nalrydJmq.'r Ie.ee.requry II
Tne C,•ty q1 Yakima.and 1hT9 COLnty Of YNk.rna.Its agents employees.Ru.t"I0n2ed•.Olunleei 4lecled and spooned official we rICILL1a, as
t'rnlar;!Aicn-Conlrt)L43ry allylLOneI,nsonadS See aeached Addlronel Insured Endorserlenl
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED PQL ICIER BE CANCELLED BLI cos
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
GIIY ul'r rs^•a'l;o.lr'y of Yakima.
WITH THE POLICY PROVISIONS
PJrshaeing OtWdlbwen•
129 N.21v!51 MIINCRL(IDNEPRESFFITaTrrr
Yakima WA 98931 SIGNATURE
1988-2D1 5 ACORD CORPORATION- All rights rasarved-
ACORD 25I1018103) The ACORD name end logo are registered marks of ACORD
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 18 of 19
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance pro.ided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Locationls) Of Covered Operations
The City of Yakima.its agents,employees.authorized
volunteers elected and appointed officials are included 1411(1/
as Primary/Non-Contributory additional insured.
jaiNi
Information required to complete this Schedule.if not shown above,will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(si or additional insureds, the following additional exclu-
organization(s) shown in the Schedule but only sions apply
with respect to liability for "bodily injury', "property This insurance does not apply to 'bodily injury" or
damage" or 'personal and advertising injury
caused, in whole or in part. by: "property damage"occurring after:
1. All work. including materials, parts or equip-
1. Your acts or omissions: or rent furnished in connection with such work
2. The acts or omissions of those acting on your on the project(other than service maintenance
behalf or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insureds) at the location(s) desig- covered operations has been completed;or
nated above. 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 pnncipal
as a part of the same project.
City of Yakima Limited Public Works-Invitation to Quote 22213S Page 19 of 19
EXHIBIT B
Contractor's Quote Proposal
Separate Attachment
Quote 22213S HVAC Unit—Signs/Lines Page 12 of 12
•
. MBI Construction Services, Inc.
'Building :Business Bel le'► ' Ryan Ringer
Service Department Manager
2016 Fruitvale Blvd.Yakima,WA 98902 *Phone:509-453-3326* Fax:509-453-9921 E-mail: i—an(a)mbi)akima.com
Web: www.mbiiakima.com
HVAC BID PROPOSAL
PROJECT: City of Yakima city shop sign RTU
BID DATE: 2/17/22
BID SECTIONS: HVAC
MBI/HVAC is pleasea to otter an HVAC bid for the above referenced project as outlined below.All HVAC work shall be in
accordance with the State Local and NEC requirements
HVAC INSTALLATION INCLUDING:
1.Carrier RTU M#48TCFD08A2A6-0A0GO
2.Economizer M#ECH-SRT34CB-D2DH
3.Crane
4.Pervailing rate labor
Note: This project is based on normal working hours between 7:00AM&4:30PM work outside of that time would be at
an additional expense
1.) Total Price $ 25,146.00 Budget tax included
EXCLUSIONS:
1.) Bond expense (If required it can be provided at an additional cost).
2.)
3.) 2.8% Credit Card Fee
Please do not hesitate to call should you have any questions.(509)453-3326 Ex 108 Ryan Ringer-Estimator
' q%
0 4
Electrical Constructsonr MBIC005888KG MBE Certified M3M0023698 Ne
General Construction. MBIC00588816 DBE Certified:03M0023698 i0/
BIDDER RESPONSIBILITY FORM
(To be submitted with Quote Form)
Bidder Responsibility Criteria:
It is the intent of City to award a contract to the 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 in effect at the time of quote submittal;
Contractor#: MBICOCS888KG, MBICOCS888J6
Effective Date:05/07/2012 04/26/2012
05/07/2022 05/07/2024
Expiration Date:
2. Have a current Washington Unified Business Identifier(UBI) number; UBI#: 603-190-297
3. If applicable:
a. Have Industrial Insurance(workers'compensation)coverage for the bidder's employees working in
Washington, as required in Title 51 RCW;
Is account current? Yes
Yes/No
b. Have a Washington Employment Security Department number, as required in Title 50 RCW;
# 452878-00 8
c. Have a Washington Department of Revenue state excise tax registration number, as required in
Title 82 RCW;
# 45-4778864
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
Is Contractor disqualified? No
Yes/No
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.
Does Contractor have violations? No
Yes/No
6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, 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.
Is Contractor in compliance? Yes
Yes/No
7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they
exempt? Training Complete C Exempt
Is Contractor in compliance?
Yes/No
City of Yakima Limited Public Works—Invitation to Quote 22213S Page 7 of 19
1 1
,t
la
Certification of Compliance with Wage Payment Statutes
(To be submitted with Quote Form)
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date (______________�_), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any
provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of
assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court
of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and
correct.
MBI Construction Services
Bid er
Signatu of Auth rized Official*
Jo e lail eAvhvi\
Printed Name
Owner
Title
May 11 th 2022 Yakima WA
Date City State
Check One:
Individual 0 Partnership E Joint Venture L_ Corporation A
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co-partnership, give firm name under which business is transacted:
"If a corporation, proposal must be executed in the corporate name by the president or vice-president(or any
other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be
executed by a partner.
City of Yakima Limited Public Works-Invitation to Quote 222135 Page 9 of 19