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Ag Fab LLC., dba Precision Glass & Hardware - Agreement
AGREEMENT CITY OF YAKIMA QUOTE#22232S THIS AGREEMENT. entered into on the date of last execution. between the City of Yakima, a Washington municipal corporation ("City'), and Aq Fab LLC.. dba Precision Glass& Hardware. ("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 best modern practices, and in a manner consistent with industry standards for the performance of construction and services of a similar nature, 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 Casey Wentz, Public Works Building Superintendent, (509)576-6435. 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 Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall, at all times. be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf,of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself. and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public. is confidential. and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities,and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data,documents,plans.copynghts, 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 modern practices, further, no detail necessary for safe and regular operation shall be omitted,although specific mention thereof may not be made in these specifications. 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. 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. 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 Contractors 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. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. 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. Retainage (Must be withheld at 10%in order to waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10°ro) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced,less ten percent(10%)retainage.The second line item will reflect the ten percent(10%) retainage. Payment of said retainage shall be due thirty(30)days after City of Yakima's acceptance of completed work and verification of Prevailing Wage filings with Labor and Industries. 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 governmental agency or regulatory body, whether federal,state,local.or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees. and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all charges,fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 ROW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense,without regard to whether such corporation is actually awarded the contract,and in the event that the award is made,prior to conducting any business in the City. 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 Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each Contractor and Subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: https:riifortress.wa.govi IniiwagelooicuoiprvWagelookup.aspx. Based on the quote submittal for this project,the applicable effective(start)date of this project for the purposes of determining prevailing wages is the quote date. July 27, 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. RCW 42.56.230(7)(a) Personal Information Exemption: Any record used to prove identity. age, residential address. social security number; or other personal information required to apply for a driver's license or identicard. RCW 39.12.010 (4):An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter. and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: (1)Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address. Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC (1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC '96-127-02a . 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 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 Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations. or orders, this Contract may be cancelled, terminated. or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 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. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify. defend, and hold harmless the City, its elected and appointed officials,officers, employees, agents. representatives. insurers, attorneys, and volunteers from all liabilities. losses, damages. and expenses related to all claims. suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts.failures to act. errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. The City's right to indemnification includes attomey's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City,or their elected or appointed officials, officers, employees, agents. attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses. including reasonable attorneys' fees. c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act. Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages.compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor. and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. f. The terms of this section shall survive any expiration or termination of this Contract. 26. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages. losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City. pnor to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract,or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars (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 (S2,000,000.00) per occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City. its elected and appointed officials, employees,agents,attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease,and occupational health and safety laws, statutes.and regulations to the full extent applicable. and shall maintain Employer's Liability insurance with a limit of no less than 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 Contractor's liability or responsibility. 27. Severability If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid. such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Contract are declared severable. 28. Contract Documents This Contract.the Bidder Responsibility Form.Certification of Compliance with Wage Payment Statutes Scope of Work, conditions, addenda. and modifications and Contractors proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract. in that order respectively. supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2°c St., Yakima, WA,98901, and are hereby incorporated by reference into this Contract. 29. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract.the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract, b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy,becomes insolvent,or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice: • e. Makes an assignment for the benefit of creditors: f. Fails to follow the sales and use tax certification requirements of the State of Washington: g. Incurs a delinquent Washington tax liability: h. Becomes a State or Federally debarred Contractor:. i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee. Termination for Convenience The City may terminate the Contract. without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event. compensation for such partially completed services shall be no more than the percentage of completion of the services requested. at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract.Alternatively. at the sole discretion of the City. the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented. such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn,reduced,or limited,or if additional or modified conditions are placed on such funding.the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 30. 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. 31. 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. 32. 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. 33. 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. 34. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, not, 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. 35. Governing Law This Contract shall be govemed by and construed in accordance with the laws of the State of Washington. 36. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 37. Authority The person executing this Contract,on behalf of Contractor.represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms. performances and provisions of this Contract. 38. Change or Notice Any alterations, including changes to the nature of the service. made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3)business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder. or renders performance, enforcement or compliance with the totality of the Contract impossible,patently unreasonable,or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City of Yakima Purchasing TO CONTRACTOR: Susan Knotts, Buyer II 129 N. 2nd Street Yakima, WA. 98901 39. Survival The foregoing sections of this Contract. 1-28 inclusive. shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY F YAKIMA PRECISION GLASS&HARDWARE vitm.ti By: fidittir'' City Manager Date: 1 L I C)�� Date: \0 I - l .2 0ZZ Attest: � `�; �� (Print name) •4 • , • 14 ��r. . % `..•� `�' •••-.0 11 City Cleric S Q ; • z IIIII `/ P� CITY CONTRACT NO.)0 a a-�O 1 RESOLUTION NO: BIDDER RESPONSIBILITY FORM Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW,which must have been in effect at the time of quote submittal; Contractor#: A&1 r F (J1T Effective Date: 047-6112olg Expiration Date: 077(2R(2-02g 2. Have a current Washington Unified Business Identifier(UBI) number; UBI #: IVA '),7 32(p 3. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? \I•e; (Yes/No) b. Have a Washington Employment Security Department number, as required in Title 50 RCW; # 1�6 C2,551002 c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; # (.40 ;S- 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? NU (Yes/No) 5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non- standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? 140 (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision,or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? tc (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 I Exempt Is Contractor in compliance? (Yes/No) 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; d. An electrical Contractor license, if required by Chapter 19.28 RCW; e. 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? Srf Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the quote date (July 27, 2022), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. b ` .ce :t�S�csv 6 I Q55 � Bider Sig a of Authorize cial* 40/hoy, oZ Printed Name y c)c v*c�. ,��r fritPeNrcy\ 7c" L.\ n/�C WG5\gin Ars Date City State Check One: Individua i Partnership C Joint Venture Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Y(AILLNAA C I lk If a co-partnership, give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice- president(or any other corporate officer accompanied by evidence of outhority to sign). If a co- partnership,proposal must be executed by a partner. EXHIBIT A Contractor's Quote Ag Fab LLC dba Estimate Precision Glass 421 S. 2nd Ave Date Estimate# Yakima, WA 98902 PRECISION 7/13.2022 5 1 M 1 GLASS & HARDWARE Name/Address Sh4. To Yakima Public Worts 2301 Fruit+ak Blvd. Yakima.WA 98902 1 Rep Project Item Description Oty Casey 509-576-6435 wants est for 2 metal doors DKS 1IMF 4225 LH 3070 7... !IMF 4225 LH 3070 7 3/4" 2 FACE WELD-GRIND-PRI... FACE WELD-GRIND-PREP P&D-PRIME 2 TACK-SPACER BAR MISC 5"EXPANSION ANCHOR 12 DKS 1840 3070 DOOR NH... 3070-1840 DOOR SEAMLESS 3070.C PREP. I8GA. 2 3HR.HG3 Labor PREP DOOR FOR 24"X 36"LITE KIT 2 AC VSIG 2432B 01 VSIG 2432B 01 2 VISION LITES.SLIMLINE.24 X 32 CRS.BRNZ,PHILLIPS,FOR 1" (ill, 1.75"DR MISC DOOR GLASS 23" X 31" 2 CR B1331 US26D NRP BB31 US26D NRP 6 HA 5100 ALM CLOSER HAGER 5100 ALM HD CLOSER 2 CR2715 ALUM THRESHO... CR2715 36"ALUM 2 RE 797B-21 SMOKE SEAL REESE 797E-17'SMOKE SEAL 2 HA 802S MIL 36"DOOR S... HA 802S MIL 36"DOOR SWEEP 2 Labor INSTALLATION 2 Prevailing Wage Charge Prevailing Wage Charge I Total Accepted By Signature: 509-653-5588 I info!r glassandhardware.com I www.glassandhardware.com Page 1 Ag Fab LLC dba Estimate Precision GlassIP 421 S. 2nd Ave Date Estimate# Yakima, WA 98902 PRECISION 7/132022 5181 GLASS &HARDWARE Name/Address Ship To Yakima Public Works 2301 Fruinale Blvd. Yakima,WA 98902 Rep Project Item Description Qty exclusions Exclusions:NFRC Labeling of glazing,Wiring terminations.unforeseen obstacles, engineering,testing.All electrical,permits.touch up paint,misc hole plugging from old hardware.after hours work,weekend or holiday work,anything not listed in this proposal.acceptance of this bid or notice to proceed without written caveats to these exclusions express your approval and acknowledgement with or without signature. Sales Tax Total S8,117.47 Accepted By Signature ***ATTENTION:DUE TO THE CURRENT GLASS SHORTAGE AND MARKET VOLITILITY,ALL BIDS ARE GOOD FOR 28 DAYS.PLEASE EXPEDITE THE APPROVALS OF BIDS.AND FINAL DIMENSIONS AS WE CAN NOT EXTEND THIS"' 509-653-5588 I info@glassandhardware.com www.glassandhardhc.rc cor., Page 2 Ag Fab LLC dba Estimate Precision GlassIP 421 S. 2nd Ave Date Estimate# Yakima, WA 98902 PRECISION 7,'27/2022 5198 GLASS & HARDWARE Name/Address S-.p T Yakima Public Works 2301 Fruitvale Blvd. Yakima,WA 98902 Rep Project Item Description Qty Prevailing Wage Charge Prevailing Wagc Charge-Intent Cost 40.00 Affidavit cost 40.00 Administrative Burden Cost 120.00 exclusions Exclusions:NFRC Labeling of glazing.Wiring terminations.unforeseen obstacles, engineering,testing.All electrical,permits,touch up paint,misc hole plugging from old hardware,after hours work.weekend or holiday work,anything not listed in this proposal.acceptance of this bid or notice to proceed without written caveats to these exclusions express your approval and acknowledgement with or without signature. Sales Tax Total S9,956.05 Accepted By Signature "'ATTENTION:DUE TO TI lL CURRENT CRASS SHOKTAUl_AND MARKET VOLATILITY,ALL BIDS ARE.GOOD FOR 28 DAYS,PLEASE EXPEDITE THE APPROVALS OF BIDS.AND FINAL DIMENSIONS AS WE CAN NOT EXTEND THIS" 509-653-5588 I infoaglassandhardware.com I www.glassandhardware.com Page 2 Ag Fab LLC dba Estimate Precision Glass 421 S. 2nd Ave Date Estimate tt Yakima, WA 98902 PRECISION 7,27:2022 5198 GLASS &HARDWARE Name/Address Ship To Yakima Public Works 2301 Fruilvale Blvd. Yakima.WA 98902 Rep Project Item Description Qty Casey 509-576-6435 QTY:3 HOLLOW METAL DOORS AND FRAMES WITH HARDWARE. LEVERSETS WILL BE PROVIDED BY CUSTOMER. SAWING TO BE PROVIDED BY INTERSTATE SAWING AND DRILLING. DKS HMI 4224 RH 3070 7... HMF 4224 RH 3070 7 3/4"WS 3HR 3 FACE WELD-GRIND-PRI... FACE WELD-GRIND-PREP P&D-PRIME 3 TACK-SPACER BAR MISC 5"EXPANSION ANCHOR I8 DKS 1840 3070 DOOR NH... 3070-1840 DOOR SEAMLESS 3070.C PREP. I 8GA. 3 3HR.IIG3 Labor PREP DOOR FOR 24"X 32"LITE KIT 3 AC VSIG 2432E 01 VSIG 2432B 01 3 VISION LITES.SLIMLINE,24 X 32 CRS.BRNZ,PHILLIPS.FOR I" GI2, 1.75"DR MISC DOOR GLASS 23" X 31" 3 CR BB31 US26D NRP BB31 1JS26D NRP 9 HA 5100 ALM CLOSER HAGER 5100 ALM 11D CLOSER 3 CR2715 ALUM THRESHO... CR2715 36"ALUM 3 RE 797B-21 SMOKE SEAL REESE 797B-17'SMOKE SEAL 3 HA 802S MII.36"DOOR S... HA 802S MIL 36"DOOR SWEEP 3 Labor INSTALLATION 3 Total Accepted By Signature: 509-653-5588 1 info.:41assandhardware.com 1 www.glassandhardware.com Page 1 ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Denise Kester NAME: Gress Kinney Parrish Insurance Center PHONE (509)575-0300 FAX (509)452-9870 (A/C No,EXt). (A/C,Not: 3 North 7th Avenue E-MAIL denisel3gkpins corn ADDRESS INSURER(S)AFFORDING COVERAGE NAIC 0 Yakima WA 98902 INSURER A: Associated Indstries Ins Co 23140 INSURED INSURER B: Berkshire Hathaway Guard 52421 AG Fab LLC,DBA:Precision Glass 8 Hardware INSURER C: Kinsale Insurance Company 421 S 2nd Ave INSURER D: INSURER E Yakima WA 98902 INSURER F COVERAGES CERTIFICATE NUMBER: 22-23 COI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE S 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) S 100.000 MED EXP Any one person S 5.000 A AES105156204 03/23/2022 03/23/2023 PERSONAL&ADV INJURY S 1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY n PRO-JECT LOC PRODUCTS-COMP/OP AGG S 2,00Q000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) S 1,000,000 g OWNED SCHEDULED AGAU339756 10/14/2022 10/14/2023 BODILY INJURY iPer accident) 5 AUTOS ONL xY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY iPer acooent) Medical payments s 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 C EXCESS LIAB CLAIMS-MADE 0100209941-0 10/07/2022 03/23/2023 AGGREGATE S 1.000.000 DED RETENTION$ S WORKERS COMPENSATION X STATUTE X ERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR,PARTNER/EXECUTIVE E L EACH ACCIDENT S 1.000,000 A OFFICER/MEMBER EXCLUDED/ [ 1 N IA AES105156204/Stop Gap 03/23/2022 03/23/2023 (Mandatory in NH) E L DISEASE-EA EMPLOYEE S 1.000 000 If yes describe under 1.000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule.may be attached it more space Is required) Certificate holder is additional insured per written contract,The City of Yakima,its agents,employees,authorized volunteers.elected and appointed officials are included as Primary/Non-Contributory additional insured Job.Yakima Public Works Location 2301 Fntvale Blvd.Yakima.WA 98902 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Yakima Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 129 North 2nd St AUTHORIZED REPRESENTATIVE o� Yakima WA 98901 u 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:AES1051562 04 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations As required per written contract As required per written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to "Property damage"occurring after: include as an additional insured the person(s) or 1. All work, including materials, parts or equipment organization(s) shown in the Schedule, but only furnished in connection with such work, on the with respect to liability for'bodily injury", "property damage" or "personal and advertising injury" project (other than service, maintenance or caused, in whole or in part, by: repairs) to be performed by or on behalf of the additional insured(s) at the location of the 1. Your acts or omissions;or covered operations has been completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization additional insured(s)n at the location(s) other than another contractor or subcontractor theh deignated above. engaged in performing operations for a principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III-Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement;or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the applicable This insurance does not apply to "bodily injury" or Limits of Insurance shown in the Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1