HomeMy WebLinkAboutR-2015-096 Airport Infrastructure Improvements Loan and Grant Agreements with Yakima County SIED Board [FUNDING AGREEMENT]A RESOLUTION
RESOLUTION NO. R-2015-096
authorizing the City Manager to execute the necessary agreement for
$307,000 in a loan and $307,000 in a grant from the Yakima County SIED
Board to provide for the construction of certain infrastructure
improvements to extend 21St Avenue as well as realign Airport Lane
thereby providing direct access to the airfield.
WHEREAS, the Yakima City Council has established that extending 21st Avenue and
realigning Airport Lane is an economic development priority for the City of Yakima, and
WHEREAS, Yakima County has established the Supporting Investments in Economic
Diversification (SIED) funds to assist the growth of business in the City; and
WHEREAS, the project will allow maximum use of the airport property, needed road
lighting, curb and gutter system for proper water drainage, and expand the width of usable
pavement to meet current City standards, and
WHEREAS, these improvements are needed to allow for further development of needed
corporate, manufacturing, and general aviation hangars; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize submittal of the attached and incorporated grant/loan application with Yakima County
for funding of infrastructure improvements from the SIED Fund, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute and submit the attached and
incorporated grant and loan application with Yakima County for funding from the Yakima County
Strategic Investments in Economic Development (SIED) Fund for extending 21st Avenue and
realigning Airport Lane.
ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015.
1)4/
Micah CawI ', Mayor
Son Claar Tee,
SIED CONTRACT YC -A21-15
YAKIMA COUNTY
and
CITY OF Yakima
(21St Ave Extension and Airport Lane Realignment)
1. PARTIES
This Supporting Investments in Economic Diversification (hereinafter referred to as SIED)
Contract is made by and between Yakima County (hereinafter referred to as the County) whose
address is 128 North Second Street, County Courthouse, Room 232, Yakima, Washington
98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 North
Second Street, Yakima, Washington 98901. Notices between the parties shall be made where
and as provided for on Page 7, Section 22, NOTICES.
2. TERM
This Contract takes effect upon execution hereof by the authorized representatives of both
parties and continues in effect until all payments required under Section 5, MUTUAL
CONSIDERATION, Subsection B. REPAYMENT OF COUNTY LOAN, have been made or
until terminated as provided for in Section 8, SUSPENSION, TERMINATION, AND
CLOSEOUT, provided, the County's right under Section 5, MUTUAL CONSIDERATION,
Subsection D. OWNERSHIP AND USE, to use the Project shall continue so long as the Project
remains in use.
3. PURPOSE
The purpose of this Contract is to provide for the construction of certain infrastructure
improvements (hereinafter referred to as the Project) using certain County funds designated for
such infrastructure. The Project will extend 21St Ave. to provide direct access to the airfield
which is adjacent to the South Air Park Development, as well as realign Airport Lane which
runs directly into 21St Ave. This improvement will realign the road to allow maximum use of the
airport property, install needed road lighting, curb and gutter system for proper water drainage,
and expand the width of usable pavement to meet current City standards. These improvements
will allow for further development of needed corporate, manufacturing, and general aviation
hangers.
4. RECITALS
A. The Parties make this Contract based on and in recognition of certain relevant facts and
circumstances including:
B. Sales and use taxes are collected in and for the County under authority of RCW
82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public
facilities in the County, and the proceeds are deposited in the Yakima County
Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040.
C. The City proposes to construct the Project with a combination of City, private, and
Page 1 of 9 Contract No. YC -A21-15
County funds, including $614,000.00 from the SIED Fund, $307,000.00 to be in the
form of a loan, and $307,000 to be in the form of a grant, and thereafter to own and
operate the Project for the benefit of the City and the County.
D. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed
areas, providing family wage jobs and the development of communities of excellence in
such areas, and the parties expect the Project to further these goals.
E. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of
RCW 82.14.370, define public facilities to include various buildings, structures and
works, such as the Project.
F. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999,
has engaged the Yakima County Development Association, also known as New Vision,
to provide administrative and technical assistance in furtherance of the County's
economic development.
G. The County has also created the SIED Board to review applications for grants from the
SIED Fund and make recommendations for SIED Fund investments based on
commitment of other funds, potential for resulting job creation, and other factors.
H. New Vision has investigated the Project and assisted in preparing the pending application
for SIED funds, and the SIED Board has reviewed the application for SIED funds and has
recommended approval.
I. The SIED Fund balance is sufficient to make the requested contribution to the Project.
J. RCW 39.34 authorizes interlocal agreements whereby municipal governments may
jointly exercise the powers granted to each.
5. MUTUAL CONSIDERATION
A. COUNTY LOAN—The County shall loan Three Hundred Seven Thousand Dollars
and Zero Cents ($307,000.00) for the Project described herein. This loan amount shall
be drawn on the SIED Fund by County warrant, payable to the City, upon the next
available Yakima County Auditor's warrant issue.
B. REPAYMENT OF COUNTY LOAN—The City shall repay the County's loan of
Three Hundred Seven Thousand Dollars and Zero Cents ($307,000.00) with interest
on unpaid principal, at an annual per annum rate of 2.44%, which is the Yakima
County Interfund Loan Rate for the equivalent term of the loan. In the event the contract
is fully executed after July 21, 2015, the parties agree to use the current Yakima County
Interfund Loan Rate on the date this contract is fully executed by both parties. Interest
shall accrue from the date this contract is approved by the County.
Repayment of principal and interest shall be made in six annual installments. The
first payment shall be due on June 1, 2018, and annual payments thereafter shall be
due on June 1 of each year with the final payment nevertheless due on June 1, 2023;
Provided however, that the final installment may be in such greater or lesser amount as
shall be required for full amortization of the repayment amount.
Page 2 of 9 Contract No. YC -A21-15
Payment shall be by check payable to Yakima County Infrastructure Fund and
delivered to Yakima County Treasurer, Yakima County Courthouse, Room 115, 128
North 2nd Street, Yakima, WA 98901. The City obligation hereunder shall be a
limited general obligation of the City, payable from any legally available source of funds.
Exhibit A attached hereto and incorporated herein reflects the Debt Service Schedule as
noted.
In the event of payment by the City of any one or more installments, or of the entire
loan balance, before the date prescribed in Exhibit A, interest shall accrue on such
installment(s) or balance until, but not beyond, the June 1 next succeeding the date
of such payment(s). If more than one installment is paid during any repayment year,
then the repayment period recited above shall be correspondingly shortened and the
scheduled of payments reflected in Exhibit A shall be correspondingly advanced.
C. COUNTY GRANT—The County shall grant Three Hundred Seven Thousand
Dollars and Zero Cents ($307,000.00) to the City for the Project described herein. This
grant shall be by County warrant drawn on the SIED Fund and payable to the City
within 30 days of the County's receipt of a signed copy of the Project engineer's
certificate that 50 percent of the work on the Project has been completed and the
City's invoice for said grant.
D. OWNERSHIP AND USE—The City shall construct, own, maintain, and operate the
Project as a part of its public infrastructure for economic development, available for use
by manufacturing and industrial concerns proximate to the Project. The City shall also
permit the use of the Project by the County and its departments on like terms with other
users, at such time as the Board of Yakima County Commissioners may deem expedient.
For purposes of this paragraph, ownership, maintenance, and operation of the Project or
any portion thereof by another municipality, under any conveyance or dedication, which
is subject to and preserves the County's right of use, shall be deemed ownership,
maintenance, and operation by the City.
6. RECORDS, REPORTS AND AUDITS
The City agrees to maintain such records, make such reports, and follow such procedures as
may be required by the County, pertaining to this Contract. All records pertaining to this
Contract and work undertaken hereunder shall be retained by the City for a period of seven
years after final audit unless a longer period is required to resolve audit findings or litigation.
The County and other authorized representatives of the State and Federal government shall have
access to any books, documents, papers, and records of the City, which pertain to this Contract
or work undertaken hereunder for the purpose of making audit, examination, excerpts, and
transcriptions.
7. RELATIONSHIP OF PARTIES AND AGENTS
A. The relationship of the City to the County, with regard to construction of the Project,
shall be that of an independent contractor rendering professional services. The City shall
have no authority to execute contracts or to make commitments on behalf of the County
and nothing contained herein shall be deemed to create the relationship of employer and
employee or principal and agent between the County and the City.
Page 3 of 9 Contract No YC -A21-15
B. The City represents that it has or will secure at its own expense all personnel, contractors,
and/or subcontractors required in order to perform work under this Contract. Such
personnel shall not be employees of the County. All such personnel, contractors, and/or
subcontractors shall be fully qualified and authorized/permitted under State and/or local
law to perform such services.
C. All services required hereunder will be performed by the City or under its supervision
and all personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State or local law to perform such services.
8. SUSPENSION, TERMINATION, AND CLOSEOUT
A. If the City fails to comply with the terms and conditions of this Contract, the County may
pursue such remedies as are legally available, including, but not limited to, the
suspension or termination of this Contract in the manner specified herein:
B. SUSPENSION—If the City fails to comply with terms and conditions of this Contract,
or whenever the City is unable to substantiate full compliance with provisions of this
Contract, the County may suspend this Contract pending corrective action or
investigation, effective not less than seven days following written notification to the City
or its authorized representative. The suspension will remain in full force and effect until
the City has taken corrective action to the satisfaction of the County and is able to
substantiate its full compliance with the terms and conditions of this Contract. No
obligations incurred by the City or its authorized representative during the period of
suspension will be allowable under this Contract, except:
I. Reasonable, proper, and otherwise allowable costs which the City could not
avoid during the period of suspension;
II. Otherwise, allowable costs incurred during the period of suspension, if upon
investigation, the County is satisfied of the City's compliance with the terms
and conditions of this Contract to the extent of the compensation claimed by
the City.
C. TERMINATION FOR CAUSE—If the City fails to comply with the terms and
conditions of this Contract and any of the following conditions exist:
I. The lack of compliance with the provisions of this Contract were of such
scope and nature that the County deems continuation of this Contract to be
substantially detrimental to the interests of the County;
II. The City has failed to take satisfactory action as directed by the County or its
authorized representative within the time period specified by same;
III. The City has failed within the time specified by the County or its authorized
representative to satisfactorily substantiate its compliance with the terms and
conditions of this Contract; then,
IV. The County may terminate this Contract in whole or in part, and thereupon shall
notify the City of termination, the reasons therefore, and the effective date,
Page 4 of 9 Contract No. YC -A21-15
provided such effective date shall not be prior to notification of the City. After this
effective date, no charges incurred under any terminated portions outlined in the
application for funding are allowable.
D. TERMINATION FOR OTHER GROUNDS—This Contract may also be terminated in
whole or in part by mutual consent and written agreement setting forth the conditions of
termination, including effective date and, in case of termination in part, that portion to be
terminated.
9. COPYRIGHT RESTRICTION
No report, maps, or other documents produced in whole or in part under this Contract shall be
the subject of an application for copyright by or on behalf of the City.
10. COMPLIANCE WITH LAWS
The County and the City shall comply with all applicable laws, ordinances, and codes of the
Federal, State, and local governments with regard to the performance of this Contract.
11. NONDISCRIMINATION & TITLE VI OF THE CIVIL RIGHT ACT OF 1964
The Contractor agrees that it shall not discriminate against any person on the grounds of race,
creed, color, religion, national origin, sex, sexual orientation, veteran status, pregnancy, age,
marital 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 U.S.C. 12101 et seq.) or any other applicable state,
federal or local law, rule or regulation.
The Contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-300.5(a) and
60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis
of protected veteran status or disability, and require affirmative action by covered prime
contractors and subcontractors to employ and advance in employment qualified protected veterans
and individuals with disabilities.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
12. SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
No person in the United States shall on the grounds of race, color, creed, religion, sex, or
national origin be excluded from participation in, be denied benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
13. AGE DISCRIMINATION ACT OF 1975 (As Amended)
Page 5 of 9 Contract No. YC -A21-15
No person shall be excluded from participation, denied program benefits, or subjected to
discrimination on the basis of age under any program or activity receiving Federal funding
assistance (42 U.S.C. 610 et. seq.)
14. SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended)
No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded
from participation (including employment), denied program benefits, or subjected to
discrimination under any program or activity receiving Federal funds (29 U.S.C. 794).
15. INTEREST OF AGENTS AND OFFICERS OF THE COUNTY AND THE CITY
No member of the governing body of either party and no other officer, employee, or agent of
either party who exercises any functions or responsibilities in connection with the planning or
carrying out of the Project shall have any personal financial interest, direct or indirect, in this
Contract.
16. HOLD HARMLESS AND INDEMNITY
The City shall indemnify and hold harmless the County, its officers, agents, and employees,
from all liability, loss or damage, including costs of defense they may suffer as a result of
claims, demands, actions costs, or judgments which result from the activities to be performed by
the City, its agents, employees, or subcontractors pursuant to this Contract.
17. PUBLIC LIABILITY
The City or its contractor(s) shall maintain for the duration of work under this Contract, issued
on an occurrence basis, comprehensive liability insurance with a combined single limit of not
less than one million dollars ($1,000,000.00) from a company authorized to provide insurance in
the State of Washington. Said policies shall provide that the policy shall not be canceled or
altered by any party without written notice to Yakima County, delivered not less than 30 days
prior to such cancellation or alteration. Applicant certifies that comprehensive liability insurance
with a combined single limit of not less than $1,000,000.00 is in effect.
18. ASSIGNABILITY
The City shall not assign any interest in this Contract and shall not transfer any interest in this
Contract (whether by assignment or novation) without prior written consent of the County
thereto, provided, however, that claims for money by the City from the County under this
Contract may be assigned to a bank, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer shall be furnished promptly to the
County by the City.
19. NON -WAIVER
The failure of either party to insist upon strict performance of any provision of this Contract or
to exercise any right based upon a breach thereof or the acceptance of any performance during
such breach shall not constitute a waiver of any right under this Contract.
Page 6 of 9 Contract No YC -A21-15
20. CONTRACT MODIFICATIONS
It is mutually agreed and understood that no modification or waiver of any clause or condition
of this Contract is binding upon either party unless such modification or waiver is in writing and
executed by the County and the City.
21. SEVERABILITY
If any portion of this Contract is changed per mutual contract or any portion is held invalid, the
remainder of this Contract shall remain in full force and effect.
22. NOTICES
A. Unless stated otherwise herein, all notices and demands shall be in writing and sent or
hand -delivered to the parties to their addresses as follows:
TO CITY:
Tony O'Rourke
City Manager
129 North 2nd Street
Yakima, WA 98901
TO COUNTY: Craig Warner, Financial Services Director
128 North Second Street, Room 232
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -
delivered. Such notices shall be deemed effective when mailed or hand -delivered at the
addresses specified above.
23. INTEGRATION
This Contract contains all terms and conditions agreed to by the County and the City. There are
no other oral or written agreements between the City and County as to the subjects contained
herein. No changes or additions to this Contract shall be valid or binding upon either party
unless such change or addition be in writing and executed by both parties.
24. GOVERNING LAW AND VENUE
All questions of the validity, construction, and application of this Contract shall be governed by
the laws of the State of Washington. Venue for any suit between the parties arising out of this
Contract shall be the Superior Court of Yakima County, Washington.
Page 7 of 9 Contract No. YC -A21-15
25. FILING
Upon execution by the authorized representatives of the parties, a copy of this Contract shall be
promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040.
* * * * * * * * * * * * * * *
Page 8 of 9 Contract No. YC -A21-15
IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year
last written below.
CITY OF YAKIMA
Tony 0 Rour
, City Manager
Approved as to Form:
Jeff ue�f, City Attorney
Attest:
BOARD OF COUNTY COMMISSIONERS
J. Rand Ell'tt, Chairman
Michael D. Leita, Commissioner
Kew .-.1FB 1uchey, Commissioner
A„. v d as to Form:
A
Dan Clark, Deputy Prosecuting Attorney
4C512i14359,o►
ONTRACT AUTHORIZATION0 `0'ut'Mo'ii,,��
_o� e
•:�
onya Cl
Date
Tee, City Clerk
CITY CONTRACT
RESOLUTION N0:
ttest:
•
Tiera L. Girard, Clerk of the Board't jp - c \
i,
BOCC220-2015
July 21, 2015
Date
Page 9 of 9 Contract No. YC -A21-15
Dated 7/21/2015 Debt Service Schedule
Delivered.: 7/21/2013 City of Yakima
SIED-21st Avenue Extension &'Airport Lzine Realignment
SIA 30/ 360 YRLY 7/ 6
Situp Int
Coupon Int Calc Principal Effective Interest Credit Periodic Outstanding
Period Date Day Cnts Payment Coupon Rate Payment Enhancements Debt Service Balance
3 6/1/2018 1030/360 36,657 77 2.44000 21,432.01 58,089 78 270,342.23
4 6/1/2019 360/360 51,493 43 2.44000 6,596.35 58,089 78 218,848 80
5 6/1/2020 360/360 52,749.87 2.44000 5,339.91 58,089 78 166,098.93
6 6/1/2021 360/360 54,036.97 2.44000 4,052.81 58,089 78 112,061 96
7 6/1/2022 360/360 55,355 47 2.44000 2,734.31 58,089 78 56,706 49
8 6/1/2023 360/360 56,706 49 2.44000 1,383 64 58,090 13
6
Records = 6
$307,000.00
True Interest Cost (TIC)
Arbitrage Yield Limit (A YL)
Average Life
$41,539.03
$0.00 $348,539.03
2.4111404 Face Value of Bond Issue $307,000.00
2.4111404 Accrued Interest (+) $0.00
5.5453405 Original Issue Premium/Discount (+) $0.00
Underwriter Discount (+) $0.00
Lump -sum credit enhancements (-) $0.00
Prepared ly.• Yakima Count' Treasurer :Man-IEaseElevateAlainIb
Prepared on: 7/23/2015 15.29 1617 Rpt Olj
C -A21 -15-2015A
BOARD OF YAKIMA COUNTY COMMISSIONERS
* District One
Michael D. Leita
June 8, 2015
Tony O'.Rourke, City Manager
City of Yakima -
129 North 2nd St.
Yakima, WA 98901
Tony:
* District Two
Kevin J. Bouchey
RE: SIED Contract Number YC -A21-15
* District Three
Rand Elliott
Enclosed are.,four originals of SIED Contract Number YC -A21-15 between Yakima County and
the City of Yakima for signatures by the City of Yakima officials.
Please return all four signed originals to this office. We will send you one original for your files
after approval by the Yakima County Board of Commissioners.
Thank you.
Sincerely,
raig M. Warner
Financial Services Director
Enclosures: 4
128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX. 509-574-1501
BOARD OF YAKIMA COUNTY COMMISSIONERS
* District One
Michael D: Leita
July 23, 2015
=Tony O'Rourke
City Manager
City of Yakima
129 North Second St.
Yakima,WA 98901-2613
Tony,
* District Two
Kevin J. Bouchey
* District Three
Rand Elliott
RECEIVED
CITY OF YAKIMA
JUL 2 7 2015
OFFICE OF CITY MANAGER
Enclosed are your fully signed and executed originals of SIED Contract YC -A21-15
signed by the Board of Yakima County Commissioners on July 21, 2015.
A warrant for $307,000; representing the loan portion of the agreement, will be issued
and mailed by the Yakima County Auditor's Office on their next regular warrant issue
date of July 31, 2015.
If you have any questions, you can contact me at 574-1313 or by email at
craig.Warner@co.yakima.wa.us.
Sinc
/97
Craig M. Warner
Financial Services Director
Yakima County
Enclosure: 2
128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX: 509-574-1501
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: July 7, 2015
Resolution authorizing an agreement for $307,000 in a loan and
$307,000 in a grant from the Yakima County SIED Board to
provide for the construction of certain infrastructure improvements
to the airfield
SUBMITTED BY: Robert K. Peterson, Airport Manager 509-575-6149
SUMMARY EXPLANATION:
The Yakima Air Terminal -McAllister Field continues to see growth in a variety of areas throughout the
airport to include passengers utilizing airline service, cargo operations, to the need for additional hangar
development. During the October 10, 2014 City Council Study Session involving City Capital Investment
Opportunities, airport staff presented the proposal to extend 21st Ave and realign Airport Lane of which
will provide direct access to airport property for the further development of hangars and businesses.
Through close coordination with Council members and the Economic Development Committee, it was
recommended to seek financial support by submitting a Supporting Investments in Economic
Diversification (SIED) Grant/Loam application to assist with the development of 21st Ave and Airport
Lane. City staff submitted all applicable paperwork and was graciously awarded the requested funds at
the January 2015 SIED Board Meeting.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted: Yes
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
Ordinance:
Contract Term:
End Date:
Amount: 794,000
The City of Yakima will contribute approximately $180,000 allocated
in the 2015 budget for the 21st Ave extension as the local match.
Total estimated costs for both 21st Ave and the realignment of
Airport Lane are $794,000.
Improve the Built Environment
APPROVED FOR
SUBMITTAL:
4,41
City Manager
RECOMMENDATION:
Staff recommends the City Council allow the City Manager to execute the SIED Grant/Loan agreement to
allow the design and construction of 21st Ave and realignment of Airport Lane to allow additional hangar
and business development.
ATTACHMENTS:
Description Upload Date
o Resolution 6/18/2015
o Cover Sheet 6/22/2015
O Contract 6/22/2015
Type
Resolution
Cover M emo
Contract
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this 23 day of s7 2016, by and between the
City of Yakima, hereinafter called the Owner, and Scout Lake Construction, a ashington Corporation, hereinafter
called the Contractor
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,
the parties hereto covenant and agree as follows
I The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF
$793,563.38 for S. 21st Avenue Improvement Project — Airport Ln. to S. 21st Ave., City Project No. 2410, all in
accordance with, and as described in the attached plans and specifications and the 2014 Standard Specifications for
Road, Bridge, and Municipal Construction 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 shall start within ten (10) days after the Notice to Proceed and shall be completed in Seventy (70) working
days. If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working
day shall be the 11 `h day after the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in
the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified
time, as liquidated damages
The Contractors 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 for constructing 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.
II The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to
provide the materials and to do and cause to be done the above described work and to complete and finish the same
according to the attached plans and specifications and the terms and conditions herein contained and hereby
contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices
hereto attached, at the time and in the manner and upon the conditions provided for in this contract.
III INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected
officials, employees and agents from and against any and all claims, causes of action, damages, losses, and
expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of,
relating to, or resulting from the Contractor's performance or non-performance of the services, duties and obligations
required of it under this Agreement.
IV 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
V It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract,
except as expressly provided herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein
above written
Countersigned. CITY OF YAKIMA CONTRACTOR
this ! day of w 2016
Washington Corporation
ity Manager
Att
(Print Name)
Clerk
CITY CONTRACT NO: c2016 — / 6%
RESOLUTION NO: R-420116-3-0%
ss.
(Pres de t, Owner, etc.)
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