HomeMy WebLinkAboutStandard Paint and Flooring, Inc. - Agreement AGREEMENT
CITY OF YAKIMA QUOTE#22224S
THIS AGREEMENT, entered into on the date of last execution. between the City of Yakima, a Washington municipal corporation
("City'i. anc Standard Paint and Flooring. LLC, (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 project needs and description 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 September 19,2022. Final work schedule shall be coordinated with Project Coordinator Randy
Pitney, Building Operations Supervisor.(509)728-3201.
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 A, attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractors Quote submittal at the time and in the manner
and upon the conditions provided for the Contract
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 22224,purchase order number.discount terms and include the Contractors name and return remittance address.In addition,
the invoice shall include quote item description,cuantity. unit price.total price.location of work and date work completed
Payment will be mailed within thirty(3Dj 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 matenal costs.
3. 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 t09'0)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(1104%0) 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.
4. Agency Relationship between City and Contractor
Contractor shall. at ail 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.
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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
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,ardor send copies of the requested documents to the City Contractors records relating to
the Services will be provided to the City upnn the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Seances of this
Contract as may be requested by the City.
c. All records relating to Contractors services under this Contract must be made available to the City. and the records
relating to the Services are City of Yakima records. They must be produced to third parties.if required pursuant to the
Washington State Public Records Act Chapter 42.56 RCW, or by law. All records relating to Contractors services
under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington
Secretary of State s records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property of the City
The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract. the Contractor shall deliver
these materials to the City.
9. 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 anc services of a similar nature.The Contractor warrants to the City that matenals and equipment
furnished will be of good quality and new. 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.
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.
10. 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.
11. Waste Material
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
Contractors expense.The Contractor must immediately clean up any spilled material from streets.roads,etc. Storage of debris on
site is not allowed.
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12. Hazardous Materials
If asbestos or other hazardous materials are discovered dunng 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
13 Repair and Replacement
The work shall consist of repair of any incidental damages to walls moldings electncal fioonng landscaping,fencing, paved areas
top soil turf, or other miscellaneous items within or adjacent to the project area This me udes complete replacement of items that
are beyond repair as determined by the City.
Should adjacent property be damaged in ary 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 directec by the City and at no cost to the City
14. 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 shalt 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 nave been corrected
If action to correct the listed deficiencies is not initiated within sever(7)days after receipt of the written notice listing the ceficiencies.
the City may,upon written notice to the Contractor,take whatever steps are necessary to correct those deficiencies pursuant Should
:he contractor be unable to or refuse to supply ma:enals perform services or corrective woes and toe City is forced to do the work
with material or services from a different supplier or contractor. the difference in the Quote price of the materials paid to the new
supplier or the work performed by another contract. in order to do complete the project shall be charged to and paid for by the
Contractor holding the Quote award for this project
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 fir,a inspection and acceptance nas occurred
15. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following:he date
of completion and acceptance of the Services.
16. 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 autho'ty or to+s project,pay all charges and fees and give all notices necessary and incidental
to the due and lawful execution of me work.
a. Procurement of a City Business License Contractor must maintain a City of Yakima Business License and pay ail
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 Wasnington Unified Business Identification (UBII 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(3J.
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 pnor 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
Quote 22224-Carpet installation,ITS Page 3 at 13
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.
17. 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
appropnate 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 Authonzed 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
ntt;)5 fcr ess wa gov;Ini'wagelooKup pR'Viaceiookup as:v.
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 July 25.2022.
18. 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 appropnate in order to enable City to comply with any applicable
law
RCW 42.56.230(7)tai Personal Information Exemption: Any record used to prove identity.age, residential address,social secunty
number.or other personal information required to apply for a dnvers license or identicard
RCW 39.12.010(4):An-Interested Party"for the purposes of this chapter shall include a Contractor.Subcontractor,an employee of
a Contractor or Subcontractor an organization whose members'wages benefits and conditions of employment are affected by this
chapter.and the director of labor and industnes 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 Secunty number,trade or occupation, straight time rate, hourly
rate of usual benefits as defined by WAC (1). and overtime hours worked each day and week,including any employee
authorizations executed pursuant to WAC and the actual rate of wages paid.for each laborer, worker and mechanic
employed by the Contractor for work performed on a public works project.
(2)A Contractor shall.within ten days after it receives a written request,from the department or from any interested party as defined
by RCW (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
19. Nondiscrimination
Dunng 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 onentation,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.;
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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 Contractors 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.
20. Pay Transparency Nondiscrimination Provision
The Contractor wit 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. Ibj in furtherance of an investigation, proceeding, heanng,or action, including an
investigation conducted by the employer or(c)consistent with the contractors regal duty to furnish information
21. 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 Contractors 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. emp oyees: agents.
attorneys or volunteers. pursuant to this Contract,each party shall be liable fer 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 t is specifically and expressly understood that the Contractor waives any immunity
that may be granted to it under the Washington State industnai insurance act. Title 51 RCW. solely for the purposes of
this indemnification Contractors 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 Contractors liability, including the duty and cost to defend
shall be on;y 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.
22. 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 clams. 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
Quote 22224—Carpet installation,iTS Page 5 of 13
endorsement attached to the policy will be included with the certificate. This Certificate of insurance shalt 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 is 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 Contractors insurance.
If at any time during the life of the Contract. or any extension Contractor tails 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 tc 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 (S2,000.000.00) per
occurrence,combined single limit bodily injury and property damage,and Two Million Dollars($2,000.000.00)general
aggregate. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and
Endorsements and the City. its elected and appointed officials,employees.agents.attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage
amount.the policy number. and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials. employees, agents. attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-VI] or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2.000.000.00) per
occurrence If Contractor cames higher coverage limits.such limits shall be shown on the Certificate of Insurance and
Endorsements and the City. its elected and appointed officials.employees, agents,attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage
amount.the policy number.and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials. employees. agents.attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-VI' or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and
Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all Subcontractors)snall 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 S1,000.000.00. 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 Contractors liability or
responsibility
Quote 22224—Carpet Installation,ITS page 6 of 13
23. Severability
If any term or condition of tnls Contract or the application thereof to any personisi 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
24. Contract Documents
This Contract. Scope of Work, conditions, addenda and modifications and Contractors proposal ito the extent consistent with
Yakima City documents)constitute the Contract Documents and are complementary. Spec:fic Federal and State laws and the terms
of this Contract in that order respectiveiy. supersede other inconsistent provisions These Contract Documents are on file in the
Office of the Purchasing Manager. 129 No.2-d St..Yakima,WA 98901,and are hereby incorporated by reference into this Contract.
25. 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 matena obligation required under the Contract,
c. Files a petition :n 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 tie 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:
n Becomes a State or Federally debarred Contractor
i. Is exc:uded from federal procurement and ion-procurement Contracts:
I Faiis 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.
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 wntten notice of termination
the event of term nation 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 tc the above termination provisions. f 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.
Quote 22224 Carpet Instailatron,•TS Page 7 of 13
26. Prime Contractor
Contractor is the Prime Contractor hereunder The Pnme 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
27. 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 workiservices under this Contract
28. 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 secunty 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.
29. 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
nght 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 nght
30. 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
31. Governing Law
This Contract shall be governed by and construed In accordance with the laws of tie State of Washington.
32. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County. Washington
33. Authority
The person executing this Contract.on behalf of Contractor,represents and warrants that herrshe 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.
34. 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 onginal Request for Proposals or in excess of allowable and accepted pace 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:
Quote 22224—Carpet Installation,,TS Page 8 of 13
TO CITY City of Yakima Purchasing TO CONTRACTOR
Susan Knotts, Buyer II
129 North Second Street
Yakima.WA 98901
35. Conflict
In the event the terms outlined herein contradict or are in conflict with the terms outlined on the Quote/Proposal and Acceptance for this
project,the terms and conditions outlined in this Agreement shall prevail.
36. Survival
The foregoing sections of this Contract. 1-35 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.YA I STANDARD PAINT AND FLOORING LLC.
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City Manager
Sy:
Date: 01 , '� Date: V/P02
Attest: (Print name)
City Clerk °,0
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CITY CONTRACT NO:RV a q'I s O •
RESOLUTION NO: n/c.
Quote 22224-Carpet Installation,iTS Page 9 of 13
ATTACHMENT A—BIDDER RESPONSIBILITY FORM
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 chanter 18.27 RCW, which
must have been in effect at the time of quote submittal;
Contractor#: STANI.pf'F811L$
Effective Date: 042-ti Zo it
Expiration Date: No/ZS/Zo 2-3
2. Have a current Washington Unified Business Identifier(UBI; number:
UBI#: (o0L5(A 7(pO
3. If applicable:
a. Have Industrial Insurance(workers' compensation)coverage for the bidder's employees working in
Washington,as required in Title 51 ROW,u
Is account current? Sib (Yes/No)
b. Have a Washington Employment Security Department number, as required in Title 50 RCW;
# 323$2 -ao-3
c. Have a Washington Department of Revenue state excise tax registration number, as required in
Title 82 RCW,
# LODE Stp 1 1 lot,
4 Has Contractor beer disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3)
Is Contractor disqualified? do (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 39.04.37C
Does Contractor have violations? fJo (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 RCVS' for the one-year
period immediately preceding the first date of advertising for the project.
Is Contractor in compliance? Ye. (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 X Exempt -
Is Contractor in compliance? (Yes/No)
Quote 22224-Carpet Installation,ITS 'age 10 of 13
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?
Quote 22224-Carpet Installation,ITS Pat+
ae 11 of 13
ATTACHMENT B-CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
:1w
A
N 4
Certification of Compliance with Wage Payment Statutes
The bidder hereoy certifies that, w thin vie three•vear per od immediately preceding the quote solicitation
date 1__-C/ 1( )-CO 1 that the bidder ,s not a "willful' violator, as defined in RCA 49 48.082, of any
provision of chapters 49 46, 49.48. or 49.52 RCW as oetermineo b, a -'real aria binding .ital un 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
Si -rs.. v ,ke1� Cs. • 1,--LC__d
Bidder
Si a of Authoriz Official'
/ ,`LL'�. f a
-i h ����5C? „.—
Printed Name
CfrA0
Title
b/9?) 2(9— thf d;:),e4'.-"7.
D e City State
Check One
Individual C Partnership Joint Venture Corporatioi =
State of Incorporation, or if of 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 for any
other corporate officer accompanied by evidence of authority to sign) If a co-partnership,proposal must be
executed by a partner
Quote 22224-Carpet installation,ITS Page 12 of 13
EXHIBIT A
Contractor's Quote Proposal
Separate Attachment
Quote 22224—Carpet installatEor,ITS Page 13 of 13
STAI\ DARDPAINT
PROPOSAL AND I
& FLOORING 1, ' ACCEPTANCE
STORE: DT YaKima ADDRESS: 409 W YAKIMA AVE., YAKIMA.WA 98902 PHONE: 509.453.3171
PROPOSAL SUONITTED 90. , E
City of Yakima
ADDRESS --- ------ —...._._...-J06 NAME
City Halt IT Department
cm STATE&ZIP CODE ?O!LOCATION
SALESPERSON
John Sullivan DATE 07/25/2022
We are pleased to submit this quotation for the following:
Furnish and install carpet tiles style Entwine color Koa with 6" cove base with pull up and removal of existing
flooring and base
Large room $11,220.00
Two Office $3525.00
Subtotal:$14,745.00
Tax:$1223.84
Total:$15,968.84
**Prevailing wage included**
We Propose hereby to furnish matenat and labor complete in accordance
with the above specifications, for the sum of: 5 15,968.84
Payment Method: Cash cCheck c Charge/Acct.# Deposit Amount$ 0.00
Bank Card# Exp. Date CVV##
Authonzation Signature John Sullivan Date. 07'25/2022 This proposal may be withdrawn by us if
riot accepted within _30 days