HomeMy WebLinkAboutYakima Mechanical, Inc. - Agreement Quote #22234SAGREEMENT
CITY OF YAKIMA QUOTE #22234S
THIS AGREEMENT, entered into onthe date oflast execution, between the City of Yakima, oWashington municipal
corporation ("City"), and Yakima Mechanical Inc, ("Contractor").
VNTNE8SETM: The portieo, in consideration of the 0onno and conditions homin, do hereby covenant and agree as
1. Scope of Work
The Contractor shall perform all work and 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 ofconstruction and services of similar nature, and any 8pp|iC3b|8 construction stand8nd(y), which
are by this reference incorporated h8[8iO and made port horeOf, and Sh8|| perform any alterations in O[additions k)
the work provided under this Contract and every part th6[8Of.
Work is estimated to be complete by|December 30,2022.. Final work schedule shall b8coordinated with Project
Coordinator Adrian Vasquez, Wastewater Treatment Plant Maintenance Supervisor, 509424'1504.
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 Contractand every part tUomn[
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees topay the Contractor according to Exhibit A, attached hereto and incorporated herein, which Exhibit
includes the specifications and payment schedule ofitemized prices aulisted inthe Contractor's Quote submittal at the
time and |nthe manner and upon the conditions provided for the Contract.
3. Agency Relationship between City and Contractor
Contractor shall, at all UmaS. be an independent Contractor and not an agent or representative 0fCity with regard to
performance 0fthe Services. Contractor shall not represent that Kis, O[hold itself out as, anagent nrrepresentative
ofQty. In no event shall Contractor be authorized to enter into any agreement or undertaking for, oron behalf, of City.
4. Successors and Assigns
8. Neither the City, nor the Contractor, shall 8nSigO' transfer, or encumber any rights, duURS' or interests
accruing from this Contract without the prior written consent nfthe other.
b. The Contractor for himself, and for his heirs, 8x8cu03nn, administrators, ou000aonm. and 8SSignu' does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
5. Property Rights
All records [xpapers Ofany soft relating tothe City and to the project will at all times bSthe property of the City and
Sh3U b8surrendered tOthe 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.
8. Inspection and Production ofRecords
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval
ofthe 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 8omionn in aunnPd3OCe with this Contran.
notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the
ease Ufits discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the mquambud documents to the City. Contractor's nononda relating to the Services will be
provided to the City upon the City'o request.
22234sAoreement Page zof14
b. Contractor shall promptly furnish the City with such information and records which are related to the
Services Ofthis Contract aamay b8requested bythe City.
C. All records relating to Contractor's services under this Contract must be made available to the City, and
the records relating 1Othe Services are City ofYakima records. They must bVproduced tothird parties,
if required pursuant to the Washington State Public R8oundo Act, Chaptur42.5O RCVV. 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 Gtate'o 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
n[the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces iOconnection with this Contract. OOcompletion Ortermination ofthe Contract,
the Contractor shall deliver these materials to the City.
B. Best Modern Practices
All work, including design, nho| be performed and completed in @onVrdaOC8 with the best 0Ud80 praCboeu, further,
n0detail necessary for safe and regular operation shall b8omitted, although specific mention thereof may not Uemade
|nthese specifications.
9. Workmanship
Contractor warrants and guarantees 0othe City that the work shall ba performed in3manner 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 b80fgood quality and new, that the work will b8free from defects, will befully
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 aUthohcad, 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 ohuU meon, unless otherwise noted, the most recent available published version of such standard,
When reference iSmade 03standards, the standards are 0Jb8made 3part Ofthis contract, and k]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 Ofworkmanship complying with those standards.
10. New and Unused
All unU3, equipment, parts and material Sh8U be new, UnUS8d' 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 period of one year
following the date of completion and acceptance of the Services.
13. Hazardous Materials
If asbestos or other hazardous materials are discovered during performance of work under this project,C0OtraotorwiU
immediately notify the Project COOndiOatO[.SOUl3taOhangeOrdoraUUnouaingPo||ud|onCODt0|oSw8U8S8nySh3ng8
in cost may be executed by Purchasing.
22234Agreement Page oofz4
13. No Disturbance
The Contractor shall not disturb grounds Ormaterials outside the sphere of the contracted project.
14. Protection ofUtilities
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
p|@o8. and shall cooperate with these ogeOCioo |nthe protection and n3|OCGkiOO of underground uU|iU8S, facilities and
structures. The number 03call is #811.
15. Waste Material
All refuse and waste material 0USt he collected and disposed of, in a legal 08OD8[ by the Contractor off the Citv's
p0pahv. 8tthe Contractor's expense, The Contractor must immediately clean up any spilled material from streets,
roads, etc. Storage Ofdebris ODsite |Snot allowed.
16. Repair or Replacement
The work shall consist of repairofanyiOCid8nt8|d808g8Sh}w8|e.mUldinga,eleotrioal.00nhng.laOdSC8piD8,fenuino.
paved areas, top soil, turf, O[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 contactthe 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 Cib/oProject Coondinatorhuinapooithewmrh.TheQtvvNUnotifythoCuntraotorufanydefioienuieointhe
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.
Ifaction tDcorrect 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 onnno
those deficiencies pursuant hJthis Contract.
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 iSto submit properly completed
tothe City ofYakima Accounts Payable, 129North 2ndStreet, Yakima, WA 98901. Toinsure prompt payment each
invoice should u|ho Quota nUmb8r, 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 Ufwork and date work completed.
Payment will b8mailed within thirty /3O\days ofacceptance Ofthe completed project, pUSt'N0rkxUbm|tt8|S,Pnuvo|||ng
Wage |Ot6OCG and Affidavits, and a properly completed invoice. |OvOiC8 mh8|| be itemized to reflect hours worked and
material costs.
19. Retainage (Must bowithheld 8t0% inorder h)waive performancelpayment bonds)
The City ofYakima shall have the right to withhold ten percent M0%\ofthe amount ofany invoice submitted to the
City of Yakima by the Contractor for labor, supervision, and materials furnished bythe Contractor Uptothe time of
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 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 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:
htlpsJ/fortress.wa.qov/Ini/wagelookup/prvWagelookup.aspx.
Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of
determining prevailing wages is the quote date, September 9, 2022.
22234S Agreement Page 4 of 14
32. Certified Payroll for Non -Federally Funded Projects
Upon request by the City or by8nInterested Party, copies of certified payroll shallba provided to City, with employee
information such anlast name, SSNand address, redacted iDaccordance with |nOndortnprovide 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.
Any record used 0Jprove identity, age, residential address,
social security number, nrother personal information required toapply for adriver's license V[idanUoand.
RCN/3&/2,0/0WU:AO"|OhVreStedParty"hJ[thepU[poseo(fthiSCh8pta[Shal|iOclUde@CoOtroCtor,GubcOOtractor,
an employee of Contractor or 8ubnon1nodor, an organization whose members' wageo, benofi1o, and conditions of
employment are affected by this chapter, and the director of labor and industries or the director's designee.
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. uddmoS. GOCi8| Security number, trade Oroccupation,
straight time n8tH, hourly rate nfusual benefits as defined byVVAC d(1), and overtime hours worked each
day and week, including any employee authorizations oxnou(nU pursuant to VVACand the actual nu0a of
wages paid, for each laborer, worker, and mechanic employed Uythe Contractor for work performed On8public works
project.
(2) A Contractor Sh8||' within ten days after it receives 3 written requnot, from the department or from any interested
party as d8NO8d by RCVV,3912nV)(4). file 8 certified copy of the payroll mnondS 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 'i's -1 ?J)
33. Nondiscrimination
During the performance 0fthis Contract, the Contractor agrees aafollows:
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 SVnuury, mental or physical handicap in violation of the VVaShiO8k}n Gtsdo Law Against Discrimination (RCVV
chapter 4S.0U)O[the Americans with Disabilities Act N2USC121O1o(ueql
This provision shall include but not belimited tOthe following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
OfServices under this Agreement.
In the event of the C0Ot[8Cb}/8 OuOco0p|i8OC8 with the OOO'd|aor|mination d8uS8 of this contract or with any such
[u|8S. [8gu|aUUnS, or orders, this Contract may be cancelled, terminated, or suspended in whole Orin part and the
Contractor may bndeclared ineligible for any future City contracts.
24. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge 0[|n any other manner discriminate against employees or applicants b8C3Vm* they
have inquired about, Uioouuood. or disclosed their own pay or the pay Vfanother employee or 8ppUu8nL However,
80p|Oy888 who have 8oneoo to the CVDnpeO8GtiUn infVnnuUnn ofother employees or applicants as a part Oftheir
essential job functions cannot disclose the pay Ofother employees O[applicants 1Dindividuals who donot 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.
35. Indemnification and Hold Harmless
8. Contractor shall take all necessary precautions in performing the Services to prevent injurytnpemonoo[
property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected
22234S*gneemert Page sorz«
and appointed officials, officers, employees, agents, representatives,|nuurem, attorneys,and volunteers
from all Uab|iti8e, losses, domagou, and oxp8nSoo related to all d8iDa, ouUe, 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 attorney's fees and costs associated with establishing the right
tOindemnification hereunder |nfavor Ofthe City,
b. |fany suit, judgment, GCtiOO. claim or demand 8[iSeu out of, or occurs in oVnjuOoUoO with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
8mp|Oy8HS, agents, attorneys orvolunteers, pursuant tothis Contract, each party shall be liable for its
proportionate share Ofnegligence for any rouu|UnO suit, judgment, aoUnO' C|8i0. demand, damages or
costs and expenses, including reasonable attorneys' fees.
o. Industrial Insurance Act Waiver, |tiospecifically and expressly understood that the Contractor waives
any i00UO|ty that may be granted to it under the VVa8hiOg03O 8t803 industrial iOSUn8noo 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 O[indirectly employed or hired by
Cont[3CU3[. and anyone for whose acts Contractor may be |i3b|V in COOnooUnO with its pedb[08Dc8 of
this Agreement, comply with the t8[0S Of this ponagnoph, waive any immunity granted under Title 51
RCVY' and assume all potential liability for actions brought bytheir respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Shou|dnuourtOfuompetont'u[iadiotiondetonnineihatthiaAomementi8oubjouttoRCVV4.24.115'\h8n'
iOthe event ofliability for damages arising out nfbodily injury 0Dpemonso[d808gouhop0p8dxCoueoU
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.
8. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
[ The terms of this section shall survive any expiration or termination of this Contract.
38. Contractor's Liability Insurance
At all bmau during performance of the Services and this Contract, Contractor shall eoouno and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out nforresulting from the performance ofthis Contract.
Contractor shall provide and maintain in force insurance in limits OO less than that stated below, as applicable. The
City reserves the right to require higher limits should it deem it necessary in the best interestofthe 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
ofinsurance shall b8provided h)the City, prior h]commencement nfwork.
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 primaryinsurance with respect tothose who are Additional Insureds under
this Contract. Any insurance, self-insurance Vrinsurance pnn| coverage maintained bvthe City shall b8iDexcess uf
the Contractors insurance and neither the City nor its insurance providers shall contribute to any settlements, defense
costs, orother payments made byContractor's insurance.
22234s4oeemen« Page aofzu
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 *0[k under the contract Sh8|| be discontinued immediately. Any failure tV maintain the required
insurance may bosufficient cause for the City tuterminate the Contract.
The following insurance iSrequired:
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 nfcommercial liability insurance with 8 minimum liability limit of Two Million DOUum
($2.0OO,OOU.O0per occurrence, combined single limit bodily injury 8Odp0p8dxd8mogn.enUTvo M||Unn
Dollars /$2'OUO.OUO.00\general aggregate. |fContractor carries higher coverage limits, such limits shall
boshown OOthe Certificate ofInsurance and Endorsements and the City, its elected and appointed
officials, 80p|Oye8S' agents, oUD08yS and vO|Untoom shall be O808d as additional insureds for such
higher limits, The certificate oh8U 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 nfthis Contract, The certificate of insurance and additional insured endorsement shall name the
City of Yakima, its elected and appointed offio|a|o. amp|Oy88S. agents, attorneys and volunteers as
additional |naumdo, and shall contain ao|ouao that the insurer will not cancel U[change the insurance
without first giving the City prior written OUUon. The insurance shall be with an insurance company or
companies rated A'V|| or higher in Beut'a Guide and admitted in the State of VVanh|ngton. The
requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained
by Contractor is not intended 03 and uh8U not in any manner limit orqualify the liabilities orobligations
assumed bvContractor under this contract.
h. 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 D0||am
/$2.00O.00O.0O\per occurrence. |fContractor carries higher coverage limits, such limits shall Ueshown
OO the Certificate of Insurance and Endorsements and the CUv, 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 du[3UOO of this
Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima,
its elected and appointed officials, employees, 3g8OtS. attorneys and volunteers ooadditional inSumUo,
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 b8with aninsurance company orcompanies rated A'V||Or
higher in Baut'u 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 wmdmm' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall 08iO18iO Employers Liability iDSU[@OSe with 8 limit of OU |8sS than
$1.00U.0OO.O0.The City shall not baheld responsible iOany way for claims filed UyContractor nrits
employees for services performed under the terms of this Contract. Contractor agnB8S to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts ofall
GUboontrantor(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.
2[ Severability
If any t8On or condition of this Contract or the application thereof to any or circumstances is hold |nvoUd,
such invalidity shall not affect other terms, conditions O[applications which can b8given effect without the invalid term,
condition Orapplication. Tothis end, the terms and conditions ofthis Contract are declared severable.
zzza«sxgeement Page zofzo
28.Contract Documents
This Contract, the Bidder Responsibility Form, Certification of Compliance with Wage Payment Statutes Scope of Work,
condiUonu, addenda, and modifications and Contractor's proposal 0o the extent consistent with Yakima City
documents) constitute the Contract Documents and are complementary. Specific F8d8m| and GtoVa laws and the
terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents
are 0nfile inthe Office ofthe Purchasing Manager, 129No. 2nd8L.Yakima, WA, S8SU1.and are hereby incorporated
by mfevgDre into this CUOt[8CL
29.Termnation
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its no|o 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 3Udays ofthis 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 OOdays Ofthis notice.
The following [ep[8a8nte a non-exclusive, i||uStc8Uv8 list Of iO8tun000 that oh8U be CUDSid8md o breach by the
8. Defaults onanobligation undorthGCOntruo;
b. Fails tUperform any material obligation equ|mdundarthaCOOtr8Ct;
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-im posed,
30-d3yDotiC8|
n. Makes 8Oassignment for the benefit of creditors;
t Fails 0Dfollow the sales and use tax certification requirements of the State of Washington;
g. Incurs 8delinquent Washington tax liability;
h. Becomes 8State OrFederally debarred Contractor;
i. |Sexcluded from federal procurement and non -procurement Contracts;
'. Fails t0maintain and keep inforce all required inuu[8OS8. permits and licenses as provided in
the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information;
|. Contractor performance threatens the health or safety of a City, County or municipal employee.
Termination for Convenience
CThe ity 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 8h8U 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 ofsuch services
auset forth inthe Contract. Alternatively, at the sole discretion [fthe City, the Contractor may bacompensated for the
actual service hours provided. The City shall b8entitled hu3refund fnrgoodSOrS8m|o8upa|UfnrbutnOtmoa|vodur
implemented, such refund tOb8poidwithiO3OdaySOfwriKannoUoetnthoCOnt[8Sk)rr8qU8otingthorefund.
22234sAoreement Page ou/»o
Chan,qe 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 bvproviding atleast five business days written notice 0othe Contractor. The termination shall b8effective
nnthe date specified inthe notice oftermination,
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 paymentOfany and all charges
resulting from its contractual obligations.
31. Removal mfSubcontractor
If dissatisfied with the background, pVrfo[08nma. and/or general methodologies of any subcontractor, the City may
request iOwriting that the subcontractor b8removed, The Contractor shall comply with this request skonce 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, sOoi8| security tax, assessments for unemployment and industrial injury iDSur8noa' 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
itbecomes due.
33. Waiver ofBreach
Awaiver by either party hereto ofabreach of the other party hereto of any covenant mcondition of this Contract shall
not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay o[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 Mneure
Contractor will not b8responsible for delays indelivery due Vuacts nfGod, fire, strikes, epidemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending
nractual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for
3period equal tothe time lost due tnthe reason for delay.
35. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
36. Venue
The venue for any action 0xenforce O[interpret this Contract uh8U lie in 3oomooten[ 'uhSdicUUO in Yakima County,
YV8ShiOgk)O.
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 |ng8Uy bind Contractor to all the h)nno. performances and
provisions 0fthis 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; nOchanges without such signed documentation ahoU 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 b8made.
22234eAgreenem Page eof10
In O0event shall the Contractor be paid OrUnentitled to payment for services that are not authorized herein or any
properly executed amendment.
Notice ufBusiness Changes: Contractor shall notify the City |nwriting within three /3\business days Vfany 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 Sh8U have the right to renegotiate the terms and conditions of this Contract to the extant required to
8CCO0n0Od308 o change in governing |3w or policy that, in the uO|e d|nomUnn of the C|ty, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders parfnrmanoe, enforcement or compliance with
the totality ofthe Contract impossible, patently unreasonable, orunnecessary, 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
Christina Payer, Buyer |1
129 N.2n«Street
Yakima, WA. 98901
TO CONTRACTOR: Yakima Mechanical, Inc
205S 4thAVe
Yakima, WA 98907
39. Survival
The foregoing uooUnno of this COOtmo. 1-39 inclusive, Sh8U uum|vn the expiration or VonninaUOn of this Contract in
accordance with their terms.
|NWITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA
-
CITY CONTRACT NO:
22234S Agreement
YAKIMA MECHANICAL, INC
\u
\]&Vm^�
(Print name)
Page 10mm
BIDDER RESPONSIBILITY FORM
Bidder Responsibility Criteria:
It is the intent ofCity toaward acontract 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
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 ineffect otthe time ofquote submittal;
[ontraotor#: Y\AK|MK81967PH
Effective Date: 10-8-04
ExpiradonDate: 11-2-24__�_^
2. Have acurrent Washington Unified Business Identifier (U0)number;
U8|#:�R02�7�401
3. If applicable:
a. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working
inWashington, asrequired inTitle 51RCVV
|saccount current? YES (Yes/No)
b. Have a Washington Employment Security Department number, as required in Title 50 RCW;
c Have a Washington Department of Revenue state excise tax registration number, as required in
Title O2RCVV
# 602376401
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
Is Contractor disqualified? no
S. Until December31, 201I not have violated more than one time the off - site, prefabricated, non-
standard, project specific items reporting requirements of RCW 39.04.370.
Does Contractor have violations? no (Yes/No)
6. For public works projects subject tothe apprenticeship utilization requirements ofRCVV39.04320,
not have been found out of compliance by the Washington state apprenticeship and training council
for working apprentices oufof 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? no
7. Per RCVV39.043SOand RCVV39.O602O has the Contractor had Labor and industries Training orave
they exempt? Training Complete O Exempt
|sContractor incompliance? � (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 ofthis section apply toall Subcontractors regardless oftier.
2. At the time of subcontract execution, the Contractor shall verify that each of its first tier
Subcontractors meets the following bidder responsibility criteria:
o. Have current certificate ofregistration in compliance with chapter 18.27 RCVV,vvhich must
have been ineffect atthe time ofsubcontract quote submittal;
b. Have acurrent Washington Unified Business Identifier number (U8|);
3. Ifapplicable, have:
a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees
working inWashington asrequired inTitle SlR[VV
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
Q2RCVV;
d. Anelectrical {bntnautorUcenoe,ifvequiredby[hapter19.JORCVV
e. An elevator Contractor license, if required by Chapter 70.87 RCVV.
4. Has Contractor been disqualified from bidding onany public works contract under RCVV39.OGU1O
S. Until December31, 3013, 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 tothe apprenticeship utilization requirements ofRCVV39.0432O
not have been found out of compliance bythe 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 RCVV39.04.3SOand RCVV39.U6O2O has the Subcontractor had Labor and Industries Training or
are they exempt?
22234S Agreement Page 12 ofm
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 RCVV 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 court uflimited nrgeneral jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
-ec k uutt,(m {
Bidder
Signat re of Authorized Official*
\CAkN` t UCA N�C1 //
-
Printed Name
0\^�
�W��
Tide
\/ [/i4��^
Date
OtState
Check One:
Individual O Partnership O Joint Venture [] Corporation
State of Incorporation, orifnot o corporation, State where business elity was formed -
If a cu'partnership, give firm name under which business istransacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any
other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be
executed byopartner.
22234S Agreement Page 13 ofm
EXHIT A
Contractor's Quote
222345 Agreement Page 14 of 14
BURNERS - BOILERS - REFRIGERATION - CONTROLS
RESTAURANT APPLIANCES - HVAC
205 SOUTH FOURTH AVE. YAKIMA; WA. 92902
15091 469-2773 I5091 249-4939 FAX (509) 576-0372
CITY OF YAKIMA WASTEWATER
DUCTLESS SYSTEMS
Attn: ADRIAN VASQUEZ
9-9-22
The following is the quote you requested for installing two ductless split systems in your electrical room. This
price includes two Carrier 3 ton heat pump ductless systems, disposal of existing equipment, installation parts,
start up, prevailing wage, and all labor to complete this project. This does not include removal of existing
equipment, wall repair, or line voltage electrical as these items are to be completed by others.
Our price to accomplish this project is as follows
Parts: $ 9,998.00
Labor: $ 5,120.00
Tax: $ 1,254.79
Total: $ 16,372.79
Please Note: The above price does not account for any overtime labor.
Once again, thank you very much for considering us for your upcoming project. We look forward to seeing and
/ or hearing from you soon.
Best Regards,
Jamie Dunbar
Yakima Mechanical
Acceptance of this proposal- The undersigned agrees upon the tenns outlined above. Please sign and return one copy to us to continence the above project. Additional
work not outlined above can be completed on a time and material basis, unless other arrangements are agreed upon by an officer of Yakima Mechanical inc.
Authorized signature