HomeMy WebLinkAboutAPEX Plumbing & Mechanical Piping, LLC. - Agreement City of Yakima Quote #22233S Miller Park BathroomsAGREEMENT
CITY OF YAKIMA QUOTE #22233S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and APEX Plumbing & Mechanical Piping, LLC.I ("Contraotor).
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 Quote titled Miller Park Bathrooms provided by
APEX Plumbing & Mechanical Piping, LLC., which is 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 November 1, 2022. Final work schedule shall be coordinated with Project
Coordinator Brad Schneider, Parks Operation Supervisor, at Brad.SchnerderYaldinWA.Gov or 509-576-6644.
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 fumished 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 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 w11 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 servioes under this Contraot 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 Contraot 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. Best Modern Practices
All work, including design, shall be performed and completed in accordance with the best modem practices, further,
no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made
in these specifications.
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 and services of a similar nature. The Contractor warrants to the City that
materials 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.
The Contractor shall comply with recognized workmanship quality standards within the Industry as applicable to each
unit of work. Ail references to standards whether for materials, processes, assemblies, workmanship, performance, or
sinillar 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. Al] materials shall have physical and chemical properties to withstand the intended service. Equipment
design shall have sufficient excess capacity for durability and safety.
11. 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.
12. 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.
13. No Disturbance
The Contractor shall not disturb grounds or materials outside the sphere of the contracted project.
14. 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.
15. 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 Contractor's expense, The Contractor must immediately clean up any spilled material from streets,
roads, etc. Storage of debris on site is not allowed.
16. 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.
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.
17. 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 to this Contract.
The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment
and tumed in all required submittals after the final inspection and acceptance has occurred.
18. 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,
19. Retalnage (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 retalnage 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.
20. 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 govemmental 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 39.06.010 or 39,12.065(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 conduct ng any business
in the City.
21. 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 Contactor 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:
httos://in Lwa.flovilicen sing -Permits/pub! ic- works- proiects/prevaiiinq-wage-rates.
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, September 8, 2022.
22. 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.
ROW 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, Subcont-actor,
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 PaYrolk
(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 196-V7-014(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 ROW :):11y„01C(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
23. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW
chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.)
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
of Services under this Agreement.
in the event of the Contractoris 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.
24. 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.
25. Grant Funded Project
When spending Federal Funding, the City complies with and has a separate policy for "Uniform Administrative
Requirement, Cost Principals, and Audit Requirements for Federal Awards", published in Title 2 of the Code of
Federal Regufations, (2 CFR 200), specifically 2 CFR 200.318 through 200.326. This project is utilizing Grant
funding and, therefore, must adhere to the federal regulations in Exhibit B.
26. 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, attomeys 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 attorneysfees.
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.
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.
27. 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 perfonmance 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 tho 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 wort 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 sing le 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 wel! as City of Yakima's revew 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-Vll 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 I'mit 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.
28. Severabillty
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.
29, Contract Documents
This Contract, the Bidder Responsibility Form, Certification of Compliance with Wage Payment Statutes 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. 2rld St., Yakima, WA, 98901, and are hereby incorporated
by reference into this Contract.
30. 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, orotherwise 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.
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 pementage 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.
31. 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,
32. 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.
33. 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.
34. 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.
35. 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.
36. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
37. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County,
Washington.
38. 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, perforrnances and
provisions of this Contract
39. 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 Contraotor'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
Susan Knotts, Buyer II
129 N. 2nd Street
Yakima, WA. 98901
TO: APX Plumbing & ohanical Piping, LLC.
40. Survival
The foregoing sections of this Contract, 1-40 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
City Manager
Attest:
City Clerk
CITY CONTRACT NO:
RESOLUTION NO:
APEX PLUMBING & MECHANICAL PIPING, LLC.
BIDDER RESPONSIBILITY FORM
Bidder Responsibility Criteria:
It|ythe Intent ofCity tmaward ucontract tnthe low responsible bidder. Before award, the bidder must
meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may
berequired bythe City tmsubmit documentation demonstrating compliance with the criteria. The
bidder must:
1. Have acurrent certificate mfregistration oynContractor Inznmn|oncawithchopter1O.27RCVV which
must have been In effect at the time of quote submittal;
Contractor 4:'
Effective Date:'�
-
Expiration Date: -1
2' Have scurrent Washington Unified Business Identifier (UBUnumber;
UB|#: UDD 4:)�l
3. If applicable:
o' Have Industrial Insurance compensation) coverage for the bidder's employees working
In Washington, as required in Title 51 RCW;
b. Have mWashington Employment Security Department number, morequired inTitle 50 RCW;
#
c. Have a Washington Department of Revenue state excise tax registration number, as required in
4. Has Contractor been disqualified from bidding onany public works contract under RCW3yl6.010or
3912D65(3)7
Is Contractor disqualified? (yesA
5' Until Decembar31, 2013,not have violated more than one time the off-sita prefabricated, nunstandard, project specific items reporting requirements of RCW 39.04.370.
Does Contractor have violations? (Yes
-
G. For public works projects subject to the apprenticeship ob|batboo requirements of RCVV 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, oroutside theirapproved work
processes as outlined in their standards of apprenticeship under chapter 49.04 RCW forthe one-year
period immediately preceding the first date mfadvertising for the project.
|aContractor |ncompliance? /Yes/Mo>\
7. the Contractor had Labor and Industries Training mrare
Subcontractor Responsibility
1. The Contractor shall include the language ofthis section |neach mfits first tier subcontracts, and
shall require each of its Subcontractors to include substantially the same language of this section in
each oftheir subcontracts, adjusting only osnecessary the terms used for the contracting parties.
The requirements of this section applyto all Subcontractors regardless of tier.
2. At the thne of subcontract execution, the Contractor ohoU Verify that each of its first tier
Subcontractors meets the following bidder responsibility criteria:
a. Have a current certificate of registration N compliance with chapter 18.27 RCVV which must
have been |neffect atthe time ofsubcontract quote submittal;
b. Have a current Washington Unified Business Identifier number (UBI);
8. Ifapplicable, have:
a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees
working in Washington as required in Title 51 RCVV
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
82RCVV;
d. Anelectrical Contractor license, ifrequired bxChapter 1Q.28RCVV
m. &nelevator Contractor license, lfrequired byChapter 7O.Q7RCW.
4. Has Contractor been disqualified frmmbiddinQonanVpmkdicmmrkscmntractumderNCW39.0GQ1U
S.Until December 31,2013, not have violated more than one time the �site, prefabricated, non-
standard, project specific items reporting requirements of RCW 39.04.370.
G. For public works projects subject 10the apprenticeship utilization nequinementsofRCVV89.04.32O,
not have beenfound out of compliancebythe 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 RCVV39.04.D50and RCW 39,06.020 has the Subcontractor had Labor and Industries Training or
Certification of C0m��l^���� with ������ ��`�O0��ylf �+��mtes
. ^'� �" Statutes
bidder hereby certifies that, within the three-year period Immediately preceding the quote
date (July 27,20Z2),that the bidder |onot a=mU|fuPviolator, osdefined huRCVV49.48.U82,nfany
provision ofchapters 49.46, 49.4E\ or4g.5% RCVV, as determined by final and binding citation
and notice of assessment |oouod by the Department of Labor and Industries or through o dv||
judgment entered by u court of limited orgeneral jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing |o
true and correct.
Signature of Authorized official'
Printed Name
Check One:
Individual [] Partnership D 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:
*Ifocorporation, proposal must be executed In the corporate name by the president orvice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co -
EXHIBIT A
Contractor's Quote — Miller Park Bathroom
(Insert quote)
& MECHANICAL PIPING, LLC.
12 South 3rd Ave
Yakima, WA 98902
Office: (509) 575-0148
Fax: (509) 469-1162
.apexplumb.com
APEXPPM795MA
September 8, 2022
Subject: Miller Park Bathrooms
Thank you for calling on Apex Plumbing LLC to provide a proposal for plumbing, our
proposal is based on the following:
SCOPE OF WO
•
Apex Plumbing, shall provide all labor, materials, and project supervision for the
following:
Base Bid:
1. Provide and Install Waste Piping per Drawings Given Dated 4/3/22 Using
PVC/ABS Pipe. This Is Making Connections From Stubbed in Waste Pipe By
Others, and to Piping That Comes With Bathrooms.
2. Provide and Install Water Piping per Drawings Given Dated 4/3/22 Using
PEX Piping. This Is Making Connections From Stubbed in Water Pipe By
Others, and to Piping That Comes With Bathrooms.
3. Prevailing Wages
BASE BID
Apex Plumbing is providing the following lump sum price:
Lump Sum Price $12,227.00
Plus Washington State Sales Tax
WO': , NOT INCLUDED
The following items are not included in the above scope of work or in the following
quotation:
1. Soil Compaction and Testing
2. Refrigeration Piping
3. Under Slab Hydronics or Heated Sidewalks
4. Concrete Cutting, Removal, and Patch Back
5. Fire Suppression RPBA
6. Pipe Insulation
7. Condensate Piping
8. Hydronic Piping or Glycol Piping
9. Gutter or Downspouts
10. Trench Drains, Area Drains
11. Grease Traps
12. Compaction and Testing
13. Weather Protection, Equipment, Other Costs, and Related Delays
14. Liquidated Damages
15. Oil Water Seperator
16. Fire Caulking and Fire Sleeves
17. Davis Bacon Wages
18. Independent Testing Lab Fees
19. Mold and Moisture Related Claims Insurance(Not Available in WA)
20. Shop Plumbing Other Than Listed Above.
21. Flue Venting
22. Roof Patching
23. Temporary Power
24. Any Framing Removal or Replacement
25. Concrete Removal
26. Cutting or Drilling of Concrete Unless Specifically Listed Above
27. Cutting or Drilling of Counter Tops and Tub Decks
28. Fire Sprinkler System
29. Installation of Equipment, Fixtures or Devices Supplied By Other's Unless
Stated in Above Inclusions.
30. Any Electrical or Low Voltage
31. Any Start-up, Balancing, or Controls
32. Anything Not Listed in the Inclusions
TIME FOR ACCEPTANCE
This proposal shall be void after 30 days from the above date unless extended in writing
by Apex Plumbing
We can implement this work upon your signature on the last page of this document.
I/Customer further agree that if the account is referred for collection to pay collection
fees not to exceed 35% of the commercial claim.
Sincerely,
Ryan McNett
Estimator
NOTICE TO CUSTOMER
(RCW 18.27.114)
Apex Plumbing & Mechanical Piping, LLC is registered with the State of Washington,
Registration No. APEXPPM795MA, and has posted with the state a bond of $6,000.00 for
the purpose of satisfying claims against the contractor for breach of contract including
negligent or improper work in the conduct of the contractor's business. The expiration date
of this contractor's registration is April 13, 2023.
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM
THAT MIGHT ARISE FROM THE WO DONE UNDER YOUR CONT CT.
This bond is not for your exclusive use because it covers all work performed by this
contractor. The bond is intended to pay valid claims up to $6,000.00 that you and other
customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF
YOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as
retainage for a stated period of time to provide protection to you and help ensure that your
project will be completed as required by your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of
your contractor or subcontractors is not paid, your property may be liened to force payment
and you could pay twice for the same work.
FOR 1 DITIONAL PROTECTION, YOU MAY REQUEST THE CONT ' CTOR
TO PROVIDE YOU WITH ORIGINAL "LIEN ' LEASE" DOCUMENTS FROM
EACH SUPPLIER OR SUBCONT ' CTOR ON YOUR PROJECT.
Apex Plumbing & Mechanical Piping, LLC is required to provide you with further
information about lien release documents if you request it. General information is also
available from the State Department of Labor and Industries.
I have received a copy of this disclosure statement and agree to the proposal terms
above.
Accepted:
Date
Signature of Customer
Printed Name
Title
2GFR 20OProcurement Standard when utilizing Federal Funds
(Adapted to comply with 200.318 through 20,326)
200.318 General procurement standards,
200,319 Competition.
200.320, _Methods cfprocurement tobefollowed.
200'321 Contracting with small and minority businesses, mmmen'mbusiness enterprises, and labor
surplus area firms.
200.322Procurement ofrecovered materials.
200.323 Contract cost and price.
200.324 Federal awarding agency nrpass-through entity review.
200.325, Bonding requirements.
200.326, Contract provisions.
1. General pmmoorwm�omt standards. fnom§20O.31G)
A. which reflect
applicable State, local, laws and regulations, providing for procurements that conform to applicable
Federal law and the standards identified in these Procurement Standards.
B. City Attorney shall maintain oversight when procuring Equipment, Materials, Services
and Limited Public Works, to ensure that oonnmhzm perform in accordance with the terms,
conditions, and specifications of their contracts or purchase orders.
C. of conduct covering conflicts ofinterest and
governing the actions orits employees engaged in the selection, award and administration of
oonbmoLm in the City. In oddition, no amplovoe, officer, oragent may participate inthe selection,
avmord, or administration of contract supported by w Federal award if he or she has o real or
apparent conflict ofinterest. Such aconflict ofinterest would arise when the employee, officer, or
mgont, any member of his or her immediate family, his or her partner, or an organization which
employs or is about to employ any ofthe parties indicated hmre|n, has financial or other interest
inoratangible personal benefit from afirm considered for ocontract.
The officers, employees, and agents of the City may neither solicit ror acceptgratuities, favors, or
anything of monetary value from contractors or parties to subcontracts.
D. |fthe City has aparent, affiliate, orsubsidiary organization that
is not state, local Qovemment, or Indian tribe, the City maintains written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that because
ofrelationships with oparent company, oth|iab», orsubsidiary organization, the City entity |ounable
or appears to be unable to be impartial in conducting m procurement action involving a related
t Economical Approacq: The City must avoid acquisition
E. �mme��a�ord items.uunnidenatinn aNzu|d bogiven toconsolidating orbreaking out procurements to obtain amqra
economical purchase. Where appropriate, an analysis will be mode oflease versus purchase
alternatives, and any other appropriate analysis to determine the most economical approach.
F. Interciovernmental Procurements: To foster greater economy and efficiency, and in accordance
with efforts to promote cost-effective use of shared services across the Federal Government the
City is encouraged to enter into state and local intergovernmental agreements or
agreements where appropriate for procurement o,use ofcommon orshared goods and services.
G. is encouraged to use Federal excess and surplus property inlieu of
purchasing new equipment and property whenever such use is feasible and reduces project costs.
H. Value The City is encouraged to use mdmo engineering clauses in contracts for
construction projects ofemffio|ontmizmhooffornmeaonob|eopportunitieafor000tnmducd|onm.Va|uo
engineering is a systematic and creative analysis of each contract |bern or task to ensure that its
essential function ioprovided otthe overall lower cost.
L contracts only tqresponsible contractors possessing
the ability to perform ouooaunyu||y under the terms and conditions of proposed procurement.
Consideration will be given to such matters aocontractor integrity, compliance with public policy,
record of past performance, and financial and technical resources. See also § 200.213 Suspension
and debarment.
J. must maintain records sufficient todetail the history ofprocurement. These
records will include, but are not naoeaood|y limited to the following: rationale for the method of
ppocuvement, selection of contract type, contractor selection or mejmction, and the basis for the
contract price,
K. The City entity may use a time and materials type contract only
after adetermination that nmother contract imsuitable and ifthe contract includes mceiling price
that the contractor exceeds at its own risk. Time and noatehsdm type contract means acontmac
whose cost tooCity iothe sum of:
I. The actual cost oymaterials; and
U. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
L. this formula generates an open-ended contract price, mUme-and-mater|als
contract provides no positive profit incentive to the contractor for cost control or labor efficiency,
Therefore, each contract must set eceiling price that the contractor exceeds edits own risk, Further,
the O|tx awarding such o contract must assert o high degree of oversight in order to obtain
reasonable assurance that the contractor is using efficient methods and effective cost controls.
M. Issues: The City alone must be responsible, in accordance with good administrative practice and
sound business judgment, for the settlement mfall contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests,d|mputem
and claims. These standards do not relieve the City ofany contractual raopono>bU|Ueo under its
contracts. The Federal awarding agency will not substitute its judgment for that of the City unless
the matter |e primarily Federal concern. Violations oflaw will be referred to the |oco|, ntabo. or
Federal authority having proper jurisdiction,
[78FR780O8.Dec. 26.2O13.aoamended et7QFR7S886.Dec. 1Q.2U14;8OFR433OB.July 32.2U15]
2. Competition. fromG200.319)
A. All procurement transactions must bnconducted |namanner providing
full and open competition consistent with the standards of this section. In order to ensure objective
contractor performance and s|im|nmha unfair competitive adwmntmQm, contractors that develop or
draft specifications, naQuinemmonbo, statements of work, or |nWbaUmnm for bids or requests for
proposals must be excluded from competing for such procurements. Some ofthe situations
considered to be restrictive of competition include but are not limited to:
B. Placing unreasonable requirements onfirms |norder for them hn
qualify to do business;
C. Unnecessary Experience and Bondinq, Requiring unnecessary experience and excessive
D. pricing between firms or between affiliated
E. Noncompetitive contracts toconsultants that are on retainer contracts;
F. Oroani ational conflicts of interest:
G. Specifying only a "brand name" product instead of allowing "an equal" product to be
offered and describing the performance or other relevant requirements of the procurement; and
H. Any arbitrary action inthe procurement process.
i peoQravhical P City will conduct procurements |namanner that prohibits the use
of statutorily or administratively imposed state, |one[ or tribal geographical preferences in the
evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly
mandate orencourage geographic preference. Nothing in this section preempts state licensing
laws. When contracting for architectural and engineering (AIG) services, geographic location may
be a selection criterion provided its application leaves anappropriate number ofqualified firms,
given the nature and size ofthe project, tPcompete for the contract.
J. The Cjtv ensures that all solicitations:
[ Incorporate a clear and accurate description of the technical requirements for the mahahsd,
product, or service to be procured, Such descripbon must not, in competitive procurements,
contain features which unduly restrict competition. The description may include a statement
of the qua||Lotk/m nature ofthe mnterie|, product or service to be procured and, when
necessary, must set forth those minimum essential characteristics and standards to which it
must conform if it is to aaUafv Mn intended use, Detailed product specifications should be
avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate
description of the technical [8qu|M)menba' m "brand name or equivalent" description may be
used as a means to define the performance or other salient requirements of procurement.
The specific features of the named brand which must be met by offers must be clearly stated;
and
H. Identify aUrequirements which the offerors must fulfill and all other factors toboused In
evaluating bids or proposals,
ii[ The City ensures that all praquo|ified lists of persons, finnm, or products which are used in
acquiring goods and services are current and include enough qualified sources to ensure
maximum open and free competition. Also, the City must not preclude potential bidders from
qualifying during the solicitation period.
[78FR788O8.Dec. 2U.2U13.aaamended at79FR75885.Dec, 19.20141
3. Methods nfprocurement tobmfollowed. (Adapted from § 200.320)
The City must use one ofthe following methods of procurement.
A. is the acquisition of supplies or
oenmoem, the aggregate dollar amount c4which does not exceed the micro -purchase threshold
(§200.67 KK/oro-purchase). To the extent practicable, the City must distribute micro -purchases
equitably among qualified suppliers. Micro -purchases may be awarded without ooUc|UnQ
competitive quotations if the City considers the price bzhpreasonable,
B. Procurement by small purchase orocedur s. Small purchase procedures are those relatively simpleand informal procurement methods for securing services, supplies, or other property that do not
cost more than the Simplified Acquisition Threshold. If small purchase procedures are used, price
or rate quotations must be obtained from an adequate number of qualified sources,
C. Procurement bv seated bids (formal advertisinq), Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) Is awarded to the responsible bidder whose bid, conforming with
all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid
method is the preferred method for procuring construction, if the conditions In paragraph (J)(1) of
this section apply.
i In order for sealed bidding to be feasible, the following conditions should be present:
1) A complete, adequate, and realistic specification or purchase description is available;
2) Two or more responsible bidders are willing and able to compete effectively for the
business; and
3) The procurement lends itself to e firm fixed price contract and the selection of the
successful bidder can bamade principally onthe basis ofprice.
4) Ufsealed bids are used, the following requirements apply:
e) Bids must be solicited from on adequate number of known mupp|iero, providing
them sufficient response time prior to the date set for opening the bids (11 days
for the City in 2 |omuea and 13 days for the County /n 2 imouae). The invitation
for bids must bepublicly advertised;
b) The invitation for b|de, which will include any specifications and pertinent
attachments, must define the items or services in order for the bidderto properly
respond;
n) All bids will beopened atthe time and place prescribed inthe invitation for bida,
and opened pub|ic|y�
d) A firm fixed price contract award will be made in writing to the lowest responsive
and responsible bidder. Where mpaoifimdinbidding documents, factors such ae
d|moounto, transportation cost, and life cycle costs must be considered in
determining which bid is lowest. Payment discounts will only be used to
determine the low bid when prior experience indicates that such discounts are
usually taken advantage of; and
m) Any orall bids maybe rejected if there (amsound documented reason.
O. Procurement by corniDetitIve Proposals. The technique of competitive proposals is nmnno||y
conducted with more than one source submitting an offer, and either m fixed price or cost -
reimbursement type contract is awarded. It is generally used when conditions are not appropriate
for the use of sealed bids. If this method is used, the following requirements apply:
|. Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any response tp publicized requests for proposals must be considered to the
maximum extent practical;
|I. Proposals must be solicited from an adequate number of qualified sources;
iii. The City must have mwritten method for conducting technical evaluations ofthe proposals
received and for selecting recipients;
|u Contracts must baawarded tothe responsible finnwhose proposal ismost advantageous to
the program, with price and other factors considered; and
v. The City may use competitive proposal procedures for qualifications -based procurement of
architectural/engineering (A/E) professional services whereby competitors' qualifications are
evaluated and the most qualified competitor is ee|oobad, subject to negotiation of fair and
reasonable compensation. The method, where price is not used ommselection factor, can
only be used in procurement of/VE professional services. It cannot be used to purchase
other types ofservices though A/Efirms are mpotential source toperform the proposed effort.
vi. Procurement bynoncompetitive proposals. Procurement bynoncompetitive proposals is
procurement through solicitation of proposal from only one source and may be used only
when one ormore ofthe following circumstances apply:
1) The item |oavailable only from asingle source;
2) The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
3\ The Federal awarding agency or pass -through entity expressly authorizes
noncompetitive proposals |nresponse boowritten request from the City; or
4) After solicitation of a number of sources, competition is determined inadequate.
[7DFR788O8.Dec. 28.2D13.muamended at7QFR75885.Dec. 18.2U14;80FIR 54408.Sept. 1O'2O15]
4. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area fIxmos.(Adapted from § 200.321)
A. The City must take all necessary affirmative steps to assure that minority businessam, mmmen's
business enterprises, and labor surplus area firms are used when possible.
B. Affirmative steps must include:
i. Placing qualified ameU and minority businesses and women'm business enterprises on
solicitation lists (forward requests toPurohoo|ng);
i|. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources. Log onto uMT,GQV and search their
database for any potential vendors. Click an"Doing Bu$|Mmam^;
iU. Dividing total rmquinementa, when economically femo|b|e, into smaller tasks or quantities to
permit maximum participation by small and minority bua|neoaeo, mndwomen`a bum|nwma
enterprises;
ix Establishing delivery aohedu|eo, m/horu the requirement penndo, which encourage
participation by small and minority businesses, and women's business enterprises;
V. Using the services and moo|otanoo, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
ofCommerce, and Office ofMinority 8VVornen'mBusiness Enterprises; and
V|. Requiring the prime 000tnador, if subcontracts are bo be |aL, to take the affirmative steps
listed in paragraphs (i) through (1i) of this section,
O. Procurement mfrecovered materials. from§ 200.322>
The City must comply with section 6002 of the Solid Waste Disposal /ct, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Pmtectio
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
8. Contract cost and price. from§
A. The Odv must perform m cost or priceonalyuis in connection with every procurement action in
excess oythe Simplified Acquisition Threshold including contract modifications. The method and
degree of analysis is dependent on the facts surrounding the particular procurement situation, but
as a starting point, the City must make independent estimates before receiving bids or proposals,
B. The City must negotiate profit as a separate element of the price for each contract in which there
is no price competition and in all cases where cost analysis is performed. To establish a fair and
reasonable profit, consideration must be given to the complexity of the work to be performed, the
risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality
of its record of past performance, and industry profit rates in the surrounding geographical area for
similar work.
C. Costs orprices based mnestimated costs for contracts under the Federal award are allowable only
to the extent that costs incurred or cost estimates included innegotiated prices would beallowable
for the City. The City may reference its own coot principles that comply with the Federal uVot
principles.
D. The cost plus mpercentage of cost and percentage of construction cost methods of contracting
must not be used,
7 Federal awarding agency orpass-through entity review. (Adapted from §200.324)
A. The City must make available, upon request ofthe Federal awarding agency orpass-through entity,
technical specifications onproposed procurements where the Federal awarding agency or pass -
through entity believes such review isneeded buensure that the item orservice ooeoifiadkathe one
being proposed for acquisition. This review generally will bxhe place phor to the time the
specification is incorporated into a solicitation document. However, if the City desires to have the
review accomplished after a solicitation has been developed, the Federal awarding agency or pass -
through entity may still review the specifications, with such review usually limited to the technical
aspects ofthe proposed purchase, _
B. The City must make available upon request, for the Federal awarding agency or pass -through entity
pre -procurement review, procurement documents, such earequests for proposals orinvitations for
bids, mrindependent cost estimates, when:
i. The C|b/o procurement procedures or operation fm||a to comply with the procurement
standards in this port;
|i. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be
awarded without competition or only one bid or offer is received in response to a solicitation;
M. The procurement, which isexpected bzexceed the Simplified Acquisition Threshold, specifies
a"brand name" product;
iv. The proposed contract iamore than the Simplified Acquisition Threshold and iotobeawarded
blother than the apparent low bidder under esealed bid procurement; or
x Aproposed contract modification changes the scope ofacontract mrincreases the contract
amount by more than the Simplified Acquisition Threshold.
C. The City is exempt from the review in paragraph U0uf this section if the Federal
awarding agency or pass -through entity determines that its procurement systems comply with the
standards of this part.
D. The City may request that its procurement system be reviewed by the Federal awarding agency or
pass -through entity to determine whether its system meets these standards inorder for its system
tobecertified. Generally, these reviews must occur where there iscontinuous high -dollar hundin8'
and third party contracts are awarded onaregular basis;
E. The City may its procurement system. Such must not limit the Federal
awarding agency's right to survey the ovabsm. Under m self -certification procedure, the Federal
awarding agency may rely on written assurances from the City that itio complying with these
standards. The City must cite specific poUc|eo, pn000dunae, regulations, orstandards mmbeing /n
compliance with these requirements and have its system available for review,
8. Bonding requirements. (Adapted from §2OO.325)
For construction or facility improvement contracts orsubcontracts exceeding the Simplified Acquisition
|hnaoho|d. the Federal avvonJ|ng agency or pass -through entity may accept the bonding policy and
requirements of the City provided that the Federal awarding agency orpass-through entity has made a
determination that the Federal interest is adequately protected. If such a determination has not been made,
the minimum requirements must bemmfollows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The 'bid guarantee"
must consist ofe finn commitment such as a bid bond, certified oheck, or other negotiable
instrument accompanying a bid as assurance that the bidder will, upon acceptance ofthe bid,
execute such contractual documents mmmay berequired within the time specified.
El A performance bond onthe part ofthe contractor for 1OOpercent of the contract price. A
"performance bond" |mone executed inconnection with mcontract tosecure fulfillment ofall the
contractor's obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price, A "payment
bond" is one executed in connection with a contract to omouru payment as nmQu|rmd by law of all
persons supplying labor and material in the execution of the work provided for in the contract.
9. Federal Contract provisions. from§ 200.326\ Simplified Acquisition Threshold raised to
The City's contracts utilizing Federal Funding must contain the applicable provisionsdescribed |nAppendix
11 to Port 200--Contnxct Provisions for City Contracts Under Federal Awards, which can be viewed and
copied at: L
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by
the non -Federal entity under the Federal award must contain provisions covering the ho|lovvng, as
applicable.
(A) Contracts for more than the simplified acqUisitionthreshold currently set at $250,000,which |othe
inflation adjusted umoun determined by the Civilian Agency Acquisition Council and the Defense Acquisition
legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
(B) Ali contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41FR. Pprt 60, all contracts that
meet the definition of' "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.1(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity." (30 PR 12319, 12935, 3 CFR Part. 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal.
Employment Opportunity, Department or Labor,-
(D) Davis -Bacon Act, as amended (j0 U.S.C. 3141-3148). When requited by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision
for compliance with the Davis -Bacon Act (4Q .U.S,C. 3141-3 [44, and 3146-3148) as supplemented by
Department of Labor regulations g9 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statovi, contractors must bo required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. ln addition, contractors must be required to pay wages not less
than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued
by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a provision for compliance
with the Copeland "Anti-Kiaback" Act (40 U.S.C. 3145), as supplern.ented by Department of Labor regulations
(29 CI'R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States"). The Act provides that each contractor or sub -recipient trust
be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-370a). Where applicable, all contracts
awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 411_1).S..C,_3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part .1). Under 40 ILS.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of j011..5:.c3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 ci,R §401.2 (a) and the recipient or sub -recipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
peiformanee of experimental, developmental, or research work under that "funding agreement," the recipient or
sub -recipient must comply with the requirements of 37 CFR Part 401, "'Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.(. 7401-7671g) and the Federal Water Pollution Control Act (33 U.S.C. 1251:
1387), as amended —Contracts and sub -grants of amounts in excess of $150,000 must contain a provision that
requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U,S,C. 7491-7671g) and the Federal Water Pollution Control Act as amended
03 U,S,C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
(1-1) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government -wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 (FR part 1986 Comp., p. 189) and 12689 ci CFR part 1989 (omp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
(I) Byrd Anti -Lobbying Amendment (31 U.S.C. 135Z)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification, Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352, Each tier must also disclose any lobbying with non -Federal funds that takes place
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -
Federal award.
(J) See §200.322 Procurement of recovered materials.
FR_78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 20141
& MECHANICAL PIPING, LLC.
12 South 3rd Ave
Yakima, WA 98902
Office: (509) 575-0148
Fax: (509) 469-1162
.a • ex • lumb.com
APEXPPM795MA
September 8, 2022
Subject: Miller Park Bathrooms
Thank you for calling on Apex Plumbing LLC to provide a proposal for plumbing, our
proposal is based on the following:
SCOPE OF WO
Apex Plumbing, shall provide all labor, materials, and project supervision for the
following:
Base Bid:
1. Provide and Install Waste Piping per Drawings Given Dated 4/3/22 Using
PVC/ABS Pipe. This Is Making Connections From Stubbed in Waste Pipe By
Others, and to Piping That Comes With Bathrooms.
2. Provide and Install Water Piping per Drawings Given Dated 4/3/22 Using
PEX Piping. This Is Making Connections From Stubbed in Water Pipe By
Others, and to Piping That Comes With Bathrooms.
3. Prevailing Wages
BASE BID
Apex Plumbing is providing the following lump sum price:
Lump Sum Price $12,227.00
Plus Washington State Sales Tax
WO' NOT INCLUDED
The following items are not included in the above scope of work or in the following
quotation:
1. Soil Compaction and Testing
2. Refrigeration Piping
3. Under Slab Hydronics or Heated Sidewalks
4. Concrete Cutting, Removal, and Patch Back
5. Fire Suppression RPBA
6. Pipe Insulation
7. Condensate Piping
8. Hydronic Piping or Glycol Piping
9. Gutter or Downspouts
10. Trench Drains, Area Drains
11. Grease Traps
12. Compaction and Testing
13. Weather Protection, Equipment, Other Costs, and Related Delays
14. Liquidated Damages
15. Oil Water Seperator
16. Fire Caulking and Fire Sleeves
17. Davis Bacon Wages
18. Independent Testing Lab Fees
19. Mold and Moisture Related Claims Insurance(Not Available in WA)
20. Shop Plumbing Other Than Listed Above.
21. Flue Venting
22. Roof Patching
23. Temporary Power
24. Any Framing Removal or Replacement
25. Concrete Removal
26. Cutting or Drilling of Concrete Unless Specifically Listed Above
27. Cutting or Drilling of Counter Tops and Tub Decks
28. Fire Sprinkler System
29. Installation of Equipment, Fixtures or Devices Supplied By Other's Unless
Stated in Above Inclusions.
30. Any Electrical or Low Voltage
31. Any Start-up, Balancing, or Controls
32. Anything Not Listed in the Inclusions
TIME FOR ACCEPTANCE
This proposal shall be void after 30 days from the above date unless extended in writing
by Apex Plumbing
We can implement this work upon your signature on the last page of this document.
I/Customer further agree that if the account is referred for collection to pay collection
fees not to exceed 35% of the commercial claim.
Sincerely,
Ryan McNett
Estimator
NOTICE TO CUSTOMER
(RCW 18.27.114)
Apex Plumbing & Mechanical Piping, LLC is registered with the State of Washington,
Registration No. APEXPPM795MA, and has posted with the state a bond of $6,000.00 for
the purpose of satisfying claims against the contractor for breach of contract including
negligent or improper work in the conduct of the contractor's business. The expiration date
of this contractor's registration is April 13, 2023.
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM
THAT MIGHT • SE FROM THE WO ' DONE UNDER YOUR CONT j CT.
This bond is not for your exclusive use because it covers all work performed by this
contractor. The bond is intended to pay valid claims up to $6,000.00 that you and other
customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF
YOUR CONT' -; CT.
You may withhold a contractually defined percentage of your construction contract as
retainage for a stated period of time to provide protection to you and help ensure that your
project will be completed as required by your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of
your contractor or subcontractors is not paid, your property may be liened to force payment
and you could pay twice for the same work.
FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONT' i; CTOR
TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM
EACH SUPPLIER OR SUBCONTCTOR ON YOUR PROJECT.
Apex Plumbing & Mechanical Piping, LLC is required to provide you with further
information about lien release documents if you request it. General information is also
available from the State Department of Labor and Industries.
I have received a copy of this disclosure statement and agree to the proposal terms
above.
Accepted;.
Date
Signature of Customer
Printed Name
Title