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HomeMy WebLinkAboutM. Sevigny Construction, Inc. - Jail Shower Renovation Agreement AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE#22217S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation("City"), and M. Sevigny Construction, 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 Jail Shower Renovation and the quote documents,which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by August 1,2022. Final work schedule shall be coordinated with Project Coordinator Martin Cueva-Ramirez, Building Superintendent, (509)728-6289. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. 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. Quote 22217S Jail Shower Renovation Page 1 of 10 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 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. Quote 22217S Jail Shower Renovation Page 2 of 10 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. 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.qov/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 31.2022. 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 296.127-014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296-127-022, 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 39.12.050. 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, Quote 22217S Jail Shower Renovation Page 3 of 10 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. 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. Quote 22217S Jail Shower Renovation Page 4 of 10 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. 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 Quote 22217S Jail Shower Renovation Page 5 of 10 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 #22217S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,Yakima,WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination 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; Quote 22217S Jail Shower Renovation Page 6 of 10 23. 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. 24. 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. 25. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 26. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 27. 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. 28. 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: M Sevigny Construction Inc Buyer Name, Title Matthew Sevigny, President 129 North Second Street 1212 N. 16th Ave. Yakima,WA 98901 Yakima, WA 98902 29. Survival The foregoing sections of this Contract, 1-28 inclusive, shall survive the expiration or termination of this contract in accordance with their terms. Quote 22217S Jail Shower Renovation Page 8 of 10 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. 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. 21. Background Checks—Special Conditions for Yakima Police Department(YPD) Facilities YPD receives grant funding from Washington State Patrol (WSP), therefore all Contractors, employees, and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process.This process must be completed no less than five(5)days prior to start of work in order to work in YPD facilities. Contractors must also complete a Criminal Justice Information Services (CJIS) Security Awareness training every two(2) years and sign a (CJIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check,they must be replaced and will not be allowed on site.There may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case-by-case basis. 22. 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. Quote 22217S Jail Shower Renovation Page 7 of 10 IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA CONTRACTOR NAME 624-----)4 - , put City Manager Date: t.471..e ‘,1 i raCY -D- COg 16ZZ Date; J Attest: •,.AMA �`‘‘ ,% (Print name) J hiMi > * City Clerk II % L:)\-'`, ,z W ASH\N— CITY CONTRACT NO: 'v2 -105 ^ RESOLUTION NO: I ,/rx Quote 22217S Jail Shower Renovation Page 9 of 10 EXHIBIT A 22217S Quote Specifications Separate Attachment City of Yakima Limited Public Works—Invitation to Quote#22217S Page 20 of 21 N�1 fr CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #22217S FOR NON-FEDERALLY FUNDED WORK BETWEEN $10,000-35,000 PROJECT NAME: Jail Shower Renovation CITY PROJECT COORDINATOR NAME/NUMBER: Martin Cueva-Ramirez,Building Superintendent,(509)728-6289 LOCATION: Dick Zais Law&Justice Center, RETURN QUOTES TO:Susan.Knotts@YakimaWA.Gov 200 5.3rd St,Yakima,98901 ISSUE DATE: May 13,2022 DUE DATE/TIME: May-3-1,June 7,2022 at 5:00 PM 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 at the Law and Justice Center on or before May 27,June 2,2022 between the hours of 8:00 AM and 2:30 PM. No site visits will be scheduled after May47,June 2, 2022. To arrange a site visit, contact the Project Coordinator, Martin Cueva-Ramirez at(509)728-6289. Coordination of Work Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished.Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F,8:00 a.m.to 5:00 p.m.,excluding legal holidays. Scope of Work Contractor to provide all labor, materials,and permits(as needed)to renovate four showers located in the Yakima City Jail (D1, D2, El and E2). This project it to be completed in two phases with two showers being renovated at a time. Project will include;demolition and wall tile removal,fabrication of 20-gauge stainless steel sheeting/panels to skin approximately 266 SQ FT of wall at base of showers,and preparing approximately 88 SQ FT of concrete floor for urethane cement coating. City of Yakima Limited Public Works—Invitation to Quote#222175 Page 1 of 21 QUOTE FORM CONTINUED 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: Demolish the first row of tiles in each shower and apply a liquid urethane cement coating system and prepare existing concrete floor. Prep:CSP 3-4. Abrade existing concrete to achieve a concrete surface prep level of 3-4. • Patching: Patch any cracks/voids in existing concrete with a urethane mortar. o Dur-A-Flex, UM Patching • Base Coat: Install a self-leveling urethane cement at 3/16' and broadcast with an aggregate for non-skid surface. o Dur-A-Flex, Polycrete SLB • Topcoat: Install a urethane topcoat at a spread rate of 100 SF per mixed kit. o Dur-A-Flex, Polycrete Colorfast o Color as selected from Dur-A-Flex Polycrete color chart • Cove Base:Where occurs, install an integral cove base with urethane topcoat to meet the bottom edge of the existing wall tile. o Approximate height of the integral cove base,4" o Dur-A-Flex, UR Cove Resin *Bidder may quote alternate process for City consideration:Yes❑or No ❑x THIS SECTION TO BE COMPLETED BY CONTRACTOR Number of Days to Complete Work: Comments: Quote is Firm for: Days(Minimum of 30 Days) Guarantee:Minimum of one(1)year on work. Warranty: Minimum of years on materials. Permit Required: Yes❑or 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#22217S Page 2 of 21 QUOTE FORM CONTINUED 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#222175 Page 3 of 21 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #22217S 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.vakimawa.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#22217S Page 4 of 21 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#22217S Page 5 of 21 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#222175 Page 6 of 21 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#222175 Page 7 of 21 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#222175 Page 8 of 21 I � '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 0 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#222175 Page 9 of 21 AGREEMENT CITY OF YAKIMA INVITATION TO QUOTE#22217S 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#22217S titled Jail Shower Renovation and the quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. Work is estimated to be complete by , 2022. Final work schedule shall be coordinated with Project Coordinator Martin Cueva-Ramirez, Building Superintendent, (509)728-6289. The Contractor shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Background Checks—Special Conditions for Yakima Police Department(YPD)Facilities YPD receives grant funding from Washington State Patrol(WSP),therefore all Contractors,employees,and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process. This process must be completed no less than five(5)days prior to start of work in order to work in YPD facilities. Contractors must also complete a Criminal Justice Information Services (CJIS) Security Awareness training every two (2) years and sign a (CJIS) Security Addendum.Washington State Patrol (WSP) also requires that all employees working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check, they must be replaced and will not be allowed on site. There may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case-by-case basis. 4. Agency Relationship between City and Contractor Contractor shall, at all times,be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf,of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. City of Yakima Limited Public Works—Invitation to Quote#222175 Page 10 of 21 7. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 8. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 9. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 10. Compliance with Law 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. City of Yakima Limited Public Works—Invitation to Quote#22217S Page 11 of 21 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW- Prevailing Wages on Public Work. a. RCW 39.12.010 -the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. 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.qov/Ini/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, June 7,2022. 12. Certified Payroll for Non-Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non-redacted Certified Payroll if City determines, in its sole discretion, that, such non-redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230(7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address,social security number,or other personal information required to apply for a driver's license or identicard. RCW 39.12.010(4):An"Interested Party"for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor,an organization whose members'wages, benefits, and conditions of employment are affected by this chapter,and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC '96-127-014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC -7_022, 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 (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 . 13. Nondiscrimination During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,sexual orientation, pregnancy, veteran's status, political affiliation or belief,or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). City of Yakima Limited Public Works—Invitation to Quote#22217S Page 12 of 21 This provision shall include but not be limited to the following: employment, upgrading,demotion,transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders,this Contract may be cancelled,terminated,or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 14. 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. 15. 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. City of Yakima Limited Public Works—Invitation to Quote#222175 Page 13 of 21 16. 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 Contractors 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-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. City of Yakima Limited Public Works—Invitation to Quote#22217S Page 14 of 21 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. 17. 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. 18. Contract Documents This Contract, the Invitation to Quote#22217S, 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. 19. 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 City of Yakima Limited Public Works—Invitation to Quote#22217S Page 15 of 21 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 26. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 27. 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. 28. 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. City of Yakima Limited Public Works—Invitation to Quote#22217S Page 16 of 21 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: _ Susan Knotts, Buyer II 129 North Second Street Yakima,WA 98901 29. 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 CONTRACTOR NAME By: Robert Harrison, City Manager Date: Date: Attest: (Print name) City Clerk City of Yakima Limited Public Works—Invitation to Quote#222175 Page 17 of 21 ATTACHMENT A-SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT Ac )RL) CERTIFICATE OF LIABILITY INSURANCE DATE`MM/DONYVY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE PHONE FAX (A/C.NO.1tatL -INC.No) EMAIL ADDRESS_ INSURER(S)AFFORDING COVERAGE NAIL a INSURER A A-VII OR BETTER ADMITTED CARRIER INSURED INSURER B _ _ ::TITY INSURED iNSURERC: ADDRESS INSURER 0_ INSURER E INSURER F COVERAGES CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR - .AO�SUM' POLICY EFF POLICY EXP - - - LTR TYPE OF INSURANCE BIap yyVq POLICY NUMBER (MM•DD.^rYYY) IMM/001YYYYI LBWS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE s 2.000.000 X CLAIMS-MADE X OCCUR _PRREMISES(Ea ocwnena) $ 100.000 — ART. STOP MEDEXP(Anyonepuson) S 5,000 A POLICY NUMBER PERSONAL a AOV INJURY $ 2.000.000 GENT AGGREGATE LIMIT APPLIES PER ' "' DATE GENERAL AGGREGATE $ 2.000.000 POLICY X jERa LOC PRODUCTS-COMP/OP AGG S OTHER. ..—_ AUTOMOBILE LIABILITY x COMBINED SINGLE LIMIT S 2,000,000 lEa acuoen)L _ _ __ X ANY AUTO STOP BODILY INJURY(Pet oilman) s A -OWNED SCHEDULED POLICY NUMBER - BODILY IN„uRY iPer accwenU • AUTOS ONLY AUTOS DATE DATE — HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _AUTOS ONLY (Par UMBRELLA LIAB _ OCCUR EACH OCCURRENCE_ _S __ _ EXCESS LIAB _ CLAIMS-MADE AGGREGATE S DEC RETENTIONS S PER OT WORKERS COMPENSATION STATUTE _X ERH- ____ AND EMPLOYERS'LIABILITY 1.000,000 A OOF ECUTiVE EL EACH ACCIDENT S FFICER.MEMBER EXCLUDED- Y� START STOP N/A POLICY NUMBER (Mandatory In NHI DATE DATE E L DISEASE-EA EMPLOYEE S 1.000.000 n yes desrnhe under Stop Gap EL or. DESCRIPTION OF OPERATIONS beiw E L DISEASE-POLICY LIMIT s 1,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES(ACORO 101,Additional Remarks Scleda a.may be attached if more space is required) The City of Yakima and the County of Yakima,its agents.employees,authorized volunteers,elected and appointed officials are included as Primary/Non-Contributory additional insureds See attached Additional Insured Endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of YaklmelCot my of Yakima ACCORDANCE WITH THE POLICY PROVISIONS Purchasing DepanT,ent AUTHORIZED REPRESENTATIVE 129N 2nd St Yakima.WA 98901 SIGNATURE ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD City of Yakima Limited Public Works—Invitation to Quote#22217S Page 18 of 21 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 provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Yakima,its agents,employees,authorized volunteers,elected and appointed officials are included as PrimaryINon-Contributory additional insured. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is emended to B. With respect to the insurance afforded to these include as an additional insured the person(s) 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" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment 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 insured(s) at the location(s) desig- covered operations has been completed;or noted 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 principal as a part of the same project. City of Yakima Limited Public Works—Invitation to Quote#22217S Page 19 of 21 EXHIBIT A 22217S Quote Specifications Separate Attachment City of Yakima Limited Public Works—Invitation to Quote#222175 Page 20 of 21 EXHIBIT B Contractor's Proposal Quote #22217S Separate Attachment City of Yakima Limited Public Works—Invitation to Quote#22217S Page 21 of 21 EXHIBIT B Contractor's Proposal Quote #22217S Separate Attachment City of Yakima Limited Public Works—Invitation to Quote#22217S Page 21 of 21 `s CITY OF YAKIMA LIMITED PUBLIC WORKS f ,b INVITATION TO QUOTE #22217S FOR NON-FEDERALLY FUNDED WORK BETWEEN$10,000-35,000 PROJECT NAME: Jail Shower Renovation CITY PROJECT COORDINATOR NAME/NUMBER: Martin Cueva-Ramirez,Building Superintendent,(509)728-6289 LOCATION: Dick Zais Law&Justice Center, RETURN QUOTES TO:Susan.Knotts@YakimaWA.Gov 200 S.3rd St,Yakima,98901 ISSUE DATE: May 13,2022 DUE DATE/TIME: May 31,2022 at 5:00 PM 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 at the Law and Justice Center on or before May 27, 2022 between the hours of 8:00 AM and 2:30 PM. No site visits will be scheduled after May 26,2022. To arrange a site visit,contact the Project Coordinator, Martin Cueva- Ramirez at(509)728-6289. Coordination of Work Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished.Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F,8:00 a.m.to 5:00 p.m., excluding legal holidays. Scope of Work Contractor to provide all labor, materials,and permits(as needed)to renovate four showers located in the Yakima City Jail (D1, D2, El and E2). This project it to be completed in two phases with two showers being renovated at a time. Project will include;demolition and wall tile removal,fabrication of 20-gauge stainless steel sheeting/panels to skin approximately 266 SQ FT of wall at base of showers,and preparing approximately 88 SQ FT of concrete floor for urethane cement coating. City of Yakima Limited Public Works—Invitation to Quote#22217S Page 1 of 21 QUOTE FORM CONTINUED 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: Demolish the first row of tiles in each shower and apply a liquid urethane cement coating system and prepare existing concrete floor. Prep:CSP 3-4. Abrade existing concrete to achieve a concrete surface prep level of 3-4. • Patching: Patch any cracks/voids in existing concrete with a urethane mortar. o Dur-A-Flex, UM Patching • Base Coat: Install a self-leveling urethane cement at 3/16'and broadcast with an aggregate for non-skid surface. o Our-A-Flex, Polycrete SLB • Topcoat: Install a urethane topcoat at a spread rate of 100 SF per mixed kit. o Dur-A-Flex,Polycrete Colorfast o Color as selected from Dur-A-Flex Polycrete color chart • Cove Base:Where occurs,install an integral cove base with urethane topcoat to meet the bottom edge of the existing wall tile. o Approximate height of the integral cove base,4" o Dur-A-Flex,UR Cove Resin *Bidder may quote alternate process for City consideration:Yes❑or No Ex THIS SECTION TO BE COMPLETED BY CONTRACTOR Number of Days to Complete Work: 15 Comments: working days Quote is Firm for: 30 Days(Minimum of 30 Days) Guarantee:Minimum of one(1)year on work. Warranty: Minimum of 1 years on materials. Permit Required:Yes❑or No X 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): $25,075.00 City of Yakima Limited Public Works—Invitation to Quote#22217S Page 2 of 21 QUOTE FORM CONTINUED 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 M Sevigny Construction Inc 1212 N. 16th Ave. Ste#1, Yakima, WA 98902 Name of Authorized Company Representative(Type or Print) Title Matthew Sevigny President Signature of Above Email Address matthew@msevigny.com WMBE/DBE Ven ertification Number(if applicable) Phone Number 509-949-3547 0 I hereby acknowledge receiving Addendum(a) 1 , , , (Use as many spaces as addenda received.) City of Yakima Limited Public Works—Invitation to Quote#22217S Page 3 of 21 BIDDER RESPONSIBILITY 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#: MSEVISC932OK Effective Date: 9/12/2007 Expiration Date: 10/30/2023 2. Have a current Washington Unified Business Identifier(UBI)number; um#: 602 749 875 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; # 000-379614-00-0 c. Have a Washington Department of Revenue state excise tax registration number,as required in Title 82 RCW; # 26-0653305 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 ❑ Exempt ❑ Is Contractor in compliance? YES (Yes/No) City of Yakima Limited Public Works—Invitation to Quote#22217S Page 7 of 21 I 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 ( June 7th, 2022 ), 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. M Sevigny Construction Inc Bidder Signature of Authorized ' al* Matthew Sevigny Printed Name President Title 6/7/2022 Yakima WA Date City State Check One: Individual 0 Partnership ❑ Joint Venture ❑ Corporation 19 State of Incorporation, or if not a corporation, State where business entity was formed: Washington 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#22217S Page 9 of 21 Knotts, Susan From: erik@msevigny.com Sent: Tuesday,June 7, 2022 4:04 PM To: Knotts, Susan Cc: matthew@msevigny.com Subject: RE: Invitation To Quote#22217S Jail Shower Renovation - City of Yakima Attachments: 22217S YPD Jail Shower Renovation Bid - M Sevigny Construction - signed.pdf Hi Susan, Please see attached bid for this project. Can you please respond that you received this? Thank you, Erik Remillard M Sevigny Construction Inc 1212 North 16th Avenue, Suite 1 I Yakima, WA 98902 Cell: 509.953.3818 I Fax: 509.424.3222 Erik@msevigny.com The information contained in this email,including any attachments,is confidential.It is intended only for the person or entity to which it is addressed.If the reader is not the intended recipient,you are hereby notified that any review,retransmission,dissemination or other use of,or taking any action in reliance upon this information is strictly prohibited.If you have received this email in error,please notify us by replying to this message and then delete the original message from any computer. From: Matthew Sevigny<matthew7e@hotmail.com> Sent: Friday, May 13, 2022 2:49 PM To: Erik R<Erik@msevigny.com> Subject: FW: Invitation To Quote#22217S Jail Shower Renovation -City of Yakima Importance: High Sent from my Verizon,Samsung Galaxy smartphone Original message From: "Knotts, Susan" <Susan.Knotts@yakimawa.gov> Date: 5/13/22 2:45 PM (GMT-07:00) To: "aplusofyakima80@live.comi" <aplusofyakima80@live.com>, "stevey@concordconstructioninc.comi" <stevey@concordconstructioninc.com>, "'jpc@joeparkconstruction.com'"<ipc@joeparkconstruction.com>, "ruizsy123@gmail.com"' <ruizsy123@gmail.com>, "Matthew7e@hotmail.com"' <Matthew7e@hotmail.com>, "Iturbide67@gmail.com"' <Iturbide67@gmail.com>, "'shannon@rjsconst.comi" <shannon@rjsconst.com>, "richard@rjsconst.com" <richard@rjsconst.com>, "'Jennifer@stephensandsonsinc.com"' <jennifer@stephensandsonsinc.com>, "'info@stephensandsonsinc.com" <info@stephensandsonsinc.com> Cc: "Cueva-Ramirez, Martin" <Martin.Cueva-Ramirez@yakimawa.gov>, "Davis, Maritza" <Maritza.Davis@yakimawa.gov>, "Mora,Jeannett" <Jeannett.Mora@yakimawa.gov> Subject: Invitation To Quote#22217S Jail Shower Renovation -City of Yakima 1 Good afternoon, The City of Yakima is requesting quotes on a public works project utilizing the limited public works process and the MRSC Roster. You are receiving this Invitation to Quote (attached) because you are listed as the contact person for your business on the MRSC Roster. Please see the attached document for Quote 22217S Jail Shower Renovation for the City of Yakima Law and Justice Center. All quote responses are due back on or before May 31, 2022 at 5:00 PM. Any quotes received after this date and time will not be accepted. When returning your quote, please notate in the subject line QUOTE RESPONSE#222175 to ensure it doesn't get overlooked. If you have any questions about this quote or the limited small works process, please let me know. Thank you, Susan Knotts, CPPO,ilkCPPB, NIGP-CPP 't, Buyer II Purchasing Division • ' • Office: 509.575.6093 Desk: 509.575.6095 129 North 2nd Street, Yakima,Washington, 98901 .YakimaWA.Gov/Purchasing 2