HomeMy WebLinkAboutKen Leingang Excavating, Inc. - Fechter Road Stormwater Improvement Agreement AGREEMENT
CITY OF YAKIMA INVITATION TO
QUOTE #22235S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a
Washington municipal corporation ("City"), and Ken Leingang Excavating, Inc. ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant
and agree as follows:
Scope of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and
equipment (collectively referred to as "Services") according to the procedure outlined in the
specifications of Quote #22235S titled Fechter Rd. Stormwater Improvement EXHIBIT A and the
quote documents, which are all attached and incorporated herein as Exhibit A, and any applicable
construction standard(s), which are by this reference incorporated herein and made a part hereof,
and shall perform any alterations in or additions to the work provided under this Contract and every
part thereof.
Work is estimated to be complete by December 31, 2022. Final work schedule shall be coordinated
with Project Coordinator Marc Cawley, Wastewater Operations Supervisor for the City of Yakima,
(509) 249-6854.
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 B, 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.
a 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
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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.
Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and
shall be the property of the City. The City shall own any and all data, documents, plans, copyrights,
specifications, working papers, and any other materials the Contractor produces in connection with
this Contract. On completion or termination of the Contract, the Contractor shall deliver these
materials to the City.
8 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.
9 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.
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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.
IQ. 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://lni wa.gov/licensing-permitsfpublic-works-projects/prevailing-wage-rates.
Based on the quote submittal for this project, the applicable effective (start) date of this project
for the purposes of determining prevailing wages is the quote date, November 10, 2022.
i i. 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
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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.
ROW 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 `:27-C ? (1), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC r"f 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 ; 12 010(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 39 12.050.
12. 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.
1.- 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.
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14. 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 attorney'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.
15. 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
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interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of
coverage for each of the policies and outlined herein. A copy of the additional insured endorsement
attached to the policy will be included with the certificate. This Certificate of Insurance shall be
provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure
of City to identify a deficiency from the insurance documentation provided shall not be construed as
a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional
Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained
by the City shall be in excess of the Contractor's insurance and neither 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 ($2,000,000.00) 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 effectfor 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.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with
a certificate of insurance as proof of automobile liability insurance with a minimum liability
limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher
coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits. The
certificate shall clearly state who the provider is, the coverage amount, the policy number,
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and when the policy and provisions provided are in effect. Said policy shall be in effectfor
the duration of this Contract. The certificate of insurance and additional insured
endorsement shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall contain a
clause that the insurer will not cancel or change the insurance without first giving the City
prior written notice. The insurance shall be with an insurance company or companies
rated A-VI' or higher in Best's Guide and admitted in the State of Washington. The
requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract. The
business auto liability shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all 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 $1,000,000.00. The City shall not be held responsible
in any way for claims filed by Contractor or its employees for services performed under
the terms of this Contract. Contractor agrees to assume full liability for all claims arising
from this Contract including claims resulting from negligent acts of all Subcontractor(s).
Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure
of Subcontractors(s) to comply with insurance requirements does not limit Contractor's
liability or responsibility.
16. 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.
17 Contract Documents
This Contract, the Invitation to Quote #22235S, Scope of Work, conditions, addenda, and
modifications and Contractor's proposal (to the extent consistent with Yakima City documents)
constitute the Contract Documents and are complementary. Specific Federal and State laws and
the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These
Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima,
WA, 98901, and are hereby incorporated by reference into this Contract.
18. 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;
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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.
19. 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.
zo. 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
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work/services under this Contract.
21. 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.
22. 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.
23. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics,
war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City
immediately in writing of such pending or actual delay. Normally, in the event or any such delays
(acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
24. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of
Washington.
25. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in
Yakima County, Washington.
26 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.
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.
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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: Ken Leingang Excavating, Inc.
Linda Kuntz, Purchasing Asst. 117 N. 27th Ave.
129 N. 2nd Street Yakima, WA 98902
Yakima, WA. 98901
28. Survival
The foregoing sections of this Contract, 1-27 inclusive, shall survive the expiration or termination of this
Contract in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above
written.
CITY OF YAKIMA KEN LEINGANG EXCAVATING, INC.
&V •
By: 9
City Manager
Date: c Date: 1 t - 1 - Z.
CITY CONTRACT NO:)6 a'a3
RESOLUTION NO: d1 iG �2-e. _ L ft-A C`
at: (Print name)
)0 '
11
City Clerk ti
iY VW , z.14
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Subcontractor Responsibility
1. The Contractor shall include the language of this section in each of its first-tier subcontracts, and shall
require each of its Subcontractors to include substantially the same language of this section in each of their
subcontracts,adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply to all Subcontractors regardless of tier.
2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors
meets the following bidder responsibility criteria:
a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have
been in effect at the time of subcontract quote submittal;
b. Have a current Washington Unified Business Identifier number(UBI);
3. If applicable, have:
a. Industrial insurance(worker's compensation)coverage for the Subcontractor's employees working
in Washington as required in Title 51 RCW;
b. A Washington Employment Security Department number as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number as required in Title 82
RCW;
b. An electrical Contractor license, if required by Chapter 19.28 RCW;
c. An elevator Contractor license, if required by Chapter 70.87 RCW.
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not
have been found out of compliance by the Washington state apprenticeship and training council for
working apprentices out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year
period immediately preceding the first date of advertising for the project.
7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are
they exempt?
City of Yakima Limited Public Works—Invitation to Quote Page 8 of 21
Certification of Compliance with Wage Payment Statutes
(To be submitted with Quote Form)
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date (_ //-16- 2.022 ), 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.
Ke.r‘ e���2�� txce�z- r�� -fit;
Bidder
Signature of Authorized Official"
��rre�n 1-e_1(y1-1
Printed Name
V. IP
Title
1- pUt2
Date City State
Check One:
Individual ❑ Partnership Joint Venture O Corporation �Y
State
of Incorporation,^ or if not a corporation, State where business entity was formed:
l A 1&SK VCYVID 1
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 authority to sign). If a co-partnership,proposal must be
executed by a partner.
City of Yakima Limited Public Works-Invitation to Quote Page 9 of 21
AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE#22235S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"),and fen . ,("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 the procedure outlined in the specifications of Quote#22235S titled EXHIBIT A and the quote documents,
which are all attached and incorporated herein as Exhibit A,and any applicable construction standard(s),which are by this reference
incorporated herein and made a part hereof,and shall perform any alterations in or additions to the work provided under this Contract
and every part thereof.
Work is estimated to be complete by . 20_. Final work schedule shall be coordinated with Project Coordinator
(509)_ .
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 B, attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractors Quote submittal at the time and in the manner
and upon the conditions provided for the Contract.
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. Contractors records relating to
the Services will be provided to the City upon the City's request.
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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, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver
these materials to the City.
8. 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.
9. 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 aft
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.
10. 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.
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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:illni.wa.govtlicensinq-permitslpublic-works-proiectsiprevailinq-waqe-rates.
Based on the quote submittal for this project,the applicable effective(start)date of this project for the purposes of determining
prevailing wages is the quote date, .201,2
11. 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 296-127.014(1),and overtime hours worked each day and week,including any employee
authorizations executed pursuant to WAC 296-127-022,and the actual rate of wages paid.for each laborer,worker, and mechanic
employed by the Contractor for work performed on a public works project.
(2)A Contractor shall,within ten days after it receives a written request,from the department or from any interested party as defined
by RCW 39.12.010(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
12. 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.
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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.
13. 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.
14. 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 attorney'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.
15. 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
City of Yakima Limited Public Works—Invitation to Quote Page 13 of 21
Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured
endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City,
prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractors obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractors
insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs,or other payments made
by 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 ($2,000,000.00) 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-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.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials,employees, agents,attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage
amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-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 $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting
City of Yakima Limited Public Works—Invitation to Quote Page 14 of 21
from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as
needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractors liability or
responsibility.
16. 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.
17. Contract Documents
This Contract.the Invitation to Quote#22235S, 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. 2nd St.,Yakima. WA, 98901, and are hereby incorporated
by reference into this Contract.
18. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 15 of 21
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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God,fire,strikes,epidemics,war. riot,delay in transportation
or railcar transport shortages,provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally,
in the event or any such delays(acts or God,etc.)the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
24. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
25. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County. Washington.
26. 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.
27. 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.
City of Yakima Limited Public Works—invitation to Quote Page 16 of 21
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: Ke ��„ t'XL Z,�,
Linda Kuntz I I t i r' t (-4J.e n u-e
129 North Second Street .)DK,;,,a (Ac)\\1090a
Yakima,WA 98901
28. 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 0 AKIMA CONTRACTOR NAME
,10
By:.
City Manager
Date: IZISI 1-1-- Date: -!g-Zz
Attest014' (Print name)
7-ee
di!),Clerk
y.,
City of Yakima Limited Public Works—Invitation to Quote Page 17 of 21
EXHIBIT A
22235S Quote Specifications
Separate Attachment
Quote22235S Agreement Page 11 of 12
Wastewater/Stormwater Division
-,(.100
f 2220 E. Viola
_, ! Yakima, WA 98901
November 3,2022
RE:Invitation to Quote 22235S,Addendum 1
In order for the quote to be considered you must acknowledge on your
submittal that you received Addendum 1.
Addendum 1
"The 2022 Standard Specifications for Road, Bridge, and Municipal Construction published by
the Washington State Department of Transportation and the Washington State Chapter of the
American Public Works Association, by this reference, are made a part of these Contract
Documents. Except as may be amended, modified, or supplemented hereinafter, each section of
the Standard Specifications shall be considered as much a part of these Contract Documents as
if they were actually set forth herein."
Sincerely,
E�d� _
Marc Cawley,Operations Superintendent
cc.Linda Kuntz,Purchasing Assistant
CITY OF YAKIMA LIMITED PUBLIC WORKS
�.' I INVITATION TO QUOTE #222355
• FOR NON-FEDERALLY FUNDED WORK BETWEEN $10,000-35,000
PROJECT NAME: Fechter Rd ISSUE DATE: 11-02-2022
Stormwater Improvement CITY PROJECT COORDINATOR NAME/NUMBER: Marc Cawley,509-594-8388
LOCATION:Yakima,WA 98908 RETURN QUOTES TO:marc.cawley@yakimawa.gov
Fechter Rd and Castlevale Rd
Intersection
DUE DATE/TIME:11-10-2022,3:00PM
QUOTE FORM
Small Works Roster Project
Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote.
Prevailing Wage
This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project.
Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any
Subcontractors working on the project,at Contractor's expense,and posted as approved by Labor and Industries(L&I)prior to
payment.See attached contract for further details.
Certificate of Insurance
Please contact your insurance company and have them send us a Certificate of Insurance naming the"City of Yakima,its Agents,
Employees and Elected or Appointed Officials as Additional Insured"per the attached sample,with the same limits of coverage.
The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement,or it will be returned
to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of
Insurance with Additional Insured endorsement. See attached contract for further details.
Site Visit
An onsite meeting will convene at your earliest convenience. Please contact Marc Cawley at marc.cawley@yakimawa.Gov or
by phone at 509-594-8388.The site meeting is not mandatory;however,interested parties are strongly urged to attend.
Coordination of Work
Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be
accomplished.Work shall be completed as agreed upon in the resulting contract.
Work Hours and Schedule
Work to be completed M-F,8:00 a.m. to 5:00 p.m.,excluding legal holidays.Alternate work schedules will be evaluated on a
case by case basis.
Scope of Work
Work shall consist of all equipment, materials,and labor in order to complete the work of installing approximately 35 feet of
sidewalk and one commercial approach approximately 20 feet in width.Work shall be performed in accordance with the
plans and specifications attached as Exhibit A.
City of Yakima Limited Public Works—Invitation to Quote Page 1 of 21
QUOTE FORM
All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented
by the City of Yakima.Work shall be performed using the recommended process below,using specified materials and brands or
approved and acceptable equal.
Excavation limits for removing curb pan are 6 inches on street side of curb pan.Sidewalk section shall be 5 feet in width and 4
inches in depth with cold joint to existing curb. (standard detail R1, R5)
Installation of new curb, match to existing or where applicable(WSDOT F-10.12-04 cement concrete traffic curb).
Approach to canal access road shall be Commercial Type 1 utilizing the"Preferred Ramp Configuration".All areas connecting
to existing curb and gutter pan shall be cold ioint. (standard detail R1,R4)
Road surface repair,(standard detail R7)
*Bidder may quote alternate process for City consideration:Yes
Number of Days to Complete Work: 10 Comments:
Quote is Firm for: 30 Days(Minimum of 30 Days)
Guarantee: Minimum of one(1)year on work. Warranty: Minimum of 1 years on materials.
Permit Required:Yes,must submit traffic control plan and obtain excavation permit.
Delivery Terms:
All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must
be included in the lump sum total. No additional charges for shipping or handling will be allowed.
Lump Sum(Pre-Tax): $
City of Yakima Limited Public Works—Invitation to Quote Page 2 of 21
QUOTE FORM
In signing this Quote we certify that we have not,either directly or indirectly, entered into any agreement or participated in any
collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other
person or firm to submit or not to submit a Quote;that this Quote has been independently arrived at without collusion with any
other Bidder,competitor or potential competitor;that this Quote has not been knowingly disclosed prior to the opening of Quote
to any other Bidder or competitor;that the above statement is accurate under penalty of perjury.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms
of our Quote.
Company Name Company Address
Name of Authorized Company Representative(Type or Print) Title
Signature of Above Email Address
WMBE/DBE Vendor Certification Number(if applicable) Phone Number
❑ I hereby acknowledge receiving Addendum(a) , ,
(Use as many spaces as addenda received.)
City of Yakima Limited Public Works—Invitation to Quote Page 3 of 21
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE#22235S
GENERAL/SPECIAL INSTRUCTIONS
A. Additional Work
Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate
sheet entitled "Additional Materials/Labor Required".
B. Estimated Quantities
Estimated quantities, if any,set forth in the Scope of Work are estimates only, being given only as a basis
for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual
amount of work will correspond to the estimated quantities. Bidder is responsible for verification of
square footage and units of measure,which are to be provided with Quote submittal.
C. Qualified Quotes
The General and Special Instructions included in this quote document and in the resulting contract will
govern the performance of the work. No other terms and conditions will be accepted. Quotes that are
conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and
Special Terms and Conditions, may result in the Quote being considered non-responsive.
D. Proprietary Material Submitted
Any information contained in the bid submitted that is proprietary must be clearly designated. Marking
the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a
Contractor's bid,the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56
RCW. If any information is marked as proprietary in the proposal, such information will not be made
available until the affected bidder has been given an opportunity to seek a court injunction against the
requested disclosure.
E. Award of Quote
The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or
exceed these specifications, and which would be in the best interest of the City and will not necessarily
be bound to accept the low quote.
F. Business License and Permits
All bidders shall have a valid and current business license issued by the State of WA Department of
Revenue, Business Licensing Service covering this type of work. It will be the Contractor's responsibility to
procure any licenses or permits required, to complete the project. The Contractor is responsible for all
traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or
(509) 575-6126 or visit the Codes website at: https://www.vakimawa.gov/services/codes/ for
information.
G. Background Checks-Special Conditions for Yakima Police Department(YPD) Facilities
All Contractors, employees, and Subcontractors who will be working on site must participate in a
Washington State and National fingerprint and background check process in order to work in YPD facilities.
This process must be completed no less than five (5) days prior to start of work. Contractors must also
complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information
Services (CJIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees
working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with
Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any
person does not pass the background check,they must be replaced and will not be allowed on site.There
City of Yakima Limited Public Works—Invitation to Quote Page 4 of 21
may be few instances where a Contractor may be supervised directly by the Facilities Manager and this
requirement may be waived on a case-by-case basis.
H. 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.
I. 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.
J. 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.
K. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or
approved equal means that the make, model or trade name will be given consideration if they fulfill the
same performance requirements. The City reserves the right to make the decision on acceptability. Each
bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any
equipment proposed as an equal to that herein specified must be substantiated with supporting data to
justify such request for substitution.
L. 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.
M. No Disturbance
The Contractor shall not disturb grounds or materials outside the sphere of the contracted project.
N. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 5 of 21
O. Waste Materials
All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off
the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled
material from streets, roads, etc. Storage of debris on site is not allowed.
P. 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.
Q. 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.
R. 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.
S. 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%) 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.
City of Yakima Limited Public Works—Invitation to Quote Page 6 of 21
BIDDER RESPONSIBILITY FORM
(To be submitted with Quote 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#:
Effective Date:
Expiration Date:
2. Have a current Washington Unified Business Identifier(UBI) number;
UBI#:
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? (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 82 RCW;
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? (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? (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? (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 ❑ Exempt ❑
Is Contractor in compliance? (Yes/No)
City of Yakima Limited Public Works—Invitation to Quote Page 7 of 21
Subcontractor Responsibility
1. The Contractor shall include the language of this section in each of its first-tier subcontracts, and shall
require each of its Subcontractors to include substantially the same language of this section in each of their
subcontracts,adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply to all Subcontractors regardless of tier.
2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors
meets the following bidder responsibility criteria:
a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have
been in effect at the time of subcontract quote submittal;
b. Have a current Washington Unified Business Identifier number(UBI);
3. If applicable, have:
a. Industrial insurance(worker's compensation)coverage for the Subcontractor's employees working
in Washington as required in Title 51 RCW;
b. A Washington Employment Security Department number as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number as required in Title 82
RCW;
b. An electrical Contractor license, if required by Chapter 19.28 RCW;
c. An elevator Contractor license, if required by Chapter 70.87 RCW.
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065 (3).
5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not
have been found out of compliance by the Washington state apprenticeship and training council for
working apprentices out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year
period immediately preceding the first date of advertising for the project.
7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are
they exempt?
City of Yakima Limited Public Works—Invitation to Quote Page 8 of 21
40
Certification of Compliance with Wage Payment Statutes
(To be submitted with Quote Form)
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date ( ), 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.
Bidder
Signature of Authorized Official*
Printed Name
Title
Date City State
Check One:
Individual ❑ Partnership ❑ Joint Venture ❑ Corporation ❑
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co-partnership, give firm name under which business is transacted:
*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 by a partner.
City of Yakima Limited Public Works—Invitation to Quote Page 9 of 21
AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE#22235S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation
("City"), and , ("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 the procedure outlined in the specifications of Quote#22235S titled EXHIBIT A and the quote documents,
which are all attached and incorporated herein as Exhibit A,and any applicable construction standard(s),which are by this reference
incorporated herein and made a part hereof,and shall perform any alterations in or additions to the work provided under this Contract
and every part thereof.
Work is estimated to be complete by , 20_. Final work schedule shall be coordinated with Project Coordinator
, (509)
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 B, 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.
City of Yakima Limited Public Works—Invitation to Quote Page 10 of 21
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, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver
these materials to the City.
8. 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.
9. 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.
10. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 11 of 21
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://lni.wa.gov/licensing-perm its/public-works-protects/prevailinq-waqe-rates.
Based on the quote submittal for this project,the applicable effective(start)date of this project for the purposes of determining
prevailing wages is the quote date, .20_.
11. 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 296-127-014(1), and overtime hours worked each day and week, including any employee
authorizations executed pursuant to WAC 296.127-022, and the actual rate of wages paid,for each laborer, worker, and mechanic
employed by the Contractor for work performed on a public works project.
(2)A Contractor shall,within ten days after it receives a written request,from the department or from any interested party as defined
by RCW 39,12,310(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 9.12.0b0.
12. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 12 of 21
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.
13. 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.
14. 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 attorney'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.
15. 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
City of Yakima Limited Public Works—Invitation to Quote Page 13 of 21
Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured
endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City,
prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's
insurance and neither 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 ($2,000,000.00) 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-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.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage
amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice. The insurance shall be with an insurance company or companies rated A-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 $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting
City of Yakima Limited Public Works—Invitation to Quote Page 14 of 21
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.
16. 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.
17. Contract Documents
This Contract, the Invitation to Quote#22235S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal
(to the extent consistent with Yakima City documents)constitute the Contract Documents and are complementary. Specific Federal
and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract
Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated
by reference into this Contract.
18. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 15 of 21
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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God,fire, strikes, epidemics, war, riot, delay in transportation
or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally,
in the event or any such delays(acts or God,etc.)the date of delivery will be extended for a period equal to the time lost due to the
reason for delay.
24. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
25. Venue
The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington.
26. 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.
27. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 16 of 21
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:
Linda Kuntz
129 North Second Street
Yakima, WA 98901
28. 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 OF YAKIMA CONTRACTOR NAME
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
City of Yakima Limited Public Works—Invitation to Quote Page 17 of 21
SEPARATE ATTACHMENTS:
SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT
EXHIBIT A
City of Yakima Limited Public Works—Invitation to Quote Page 18 of 21
ATTACHMENT A-SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT
AWR ' CERTIFICATE OF LIABILITY INSURANCE _ DATE
MENC erfro
-
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 INSURERIS►. 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 RAM INSURANCE AGENT INFORMATION
INSURANCE AGENT ISSUING CERTIFICATE
MC ramie_Fors I DLC Na
L W'S,
MOMS -
McIRERte)AFFOROIILO COVERAGE — NAIC I _
MSLR ER A A-VM OR BETTER.ADMITTED CARRIER
INSURED MSURER II -
Entity Insured Address INSURER _ -
MSURER D -- -
INSURER E: _
INSURER F —
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: -
THIS IS TO CERTIFY THAT THE PO.ICIES OF INSURANCE..ISTED BELOW HAVE BEEN IS;tlE IN ABOVE TO THE INSURED WED OVE FOR THE PO-ICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUB:ECT TO ALL THE TERMS.
EXC,U;IONS AND CONOmONS OF SUCH POLICIES :IvrrS SHOWN MAY HAVE BEEN REDUCED BY PAID C,AIUS
Y DP
owI TYPE OF MSURMICE Ain — POLJCY Ie C�YI OWYVY1 LOWS
1.x ccWERCYLOEiew.UNR.RY EAri-IOCC,PMEHCE s 2.000.000
R-LIADE I x OGGIJR FREMSES El OCCUPeett 1 TOPeNTIODI 100A00
C.lA -
DED ESP.Are av velw 5.000 -
A il POLICY NUMBER FERsaw,s A3.IN,ArnY s 1.003.000 -
IGENL AGGREGATE ULt'NM.ES PER DATE DATE GO.ER.A.AGGREC.ATE s 2.000.000 .
Power I X -AC PRCci s-CCUPOP AGG s 2.000.000
CTI+EJt 1
_, oeroEas IJAERJrY COSMO=sMGLE LEAPT 1 2.000.000EA Streleelf
X ANY Aura *COLT JVARY'e cemy 1 _
A DNwED D'JiEC POUCY NUMBER icDILY WIRY Per xceeet I
AUrCS DPI: AJTOS -
rif c+w" RPOSPOOP-OARED I► t DATE DATE " E S -
Per seeDert
$
uNISREu.A ,lq I os VGA OG4.MPENCE 1 =
MC'S LIRE CL�J�L-HMDE .AC.CRECA'E 1
Do) RE-EJma+e 1 (
T I I PER x En 1
NORRERS COOMEJYAT NI
APO OPLOYOUr UA<nY
m ISC MDETOMPAR OLEIMGUr'.E Y=N N,A POUCY NUMBER E L EArn c.coor- s 1.000.000
A CPFscER�ee ICSC.J,DeD- -
1.000.000
ReNwnery r NM DATE I DATE E E L DSE ^ -EA E%LOYEE 1
r m oexee.r STOP GAP+EL ONLY -
oescRMTON OF OMERA'ONS moo E L D SE/sE-POLKY.oArr $ 1.000.000 -
I I I I I
DescrernoN OF Or6tATION1 I LOCATIONS r VESICLES UCPO 10t.AOetiomi SlIWN ealralm.AIM A*haled AAUP war C rye
The City of Yaksna.its agents,employees.authorized volunteers.elected and appointed officials are included as PrnwylNon-Contrbutory additional inured.
See attached Addeonsl Indeed Endorsement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POUCE$BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
YakimaACCORDANCE WITH THE POLICY PROVISIONS.
City ofPurdiasvp Department AUTHORIZED RIPPE SENTATIVE
120 N.2nd St
Yakima.WA 98901 SIGNATURE
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
City of Yakima Limited Public Works-Invitation to Quote Page 19 of 21
COMMERCIAL GENERAL LIABILITY
CG20100704
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 foi owing
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Persons)
Or Organization's): Location's)Of Covered Operations
The City of Yakima.its agents,employees.authorized
volunteers,elected and appointed officials are included
as Primary/Non-Contributory additional insured
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 B. With respect to the insurance afforded to these
include as an additional insured the person(sr or additional insureds. the following additional exclu-
organization(s) shown in the Schedule. but only sions apply
with respect to liability for"bodily injury. "property This insurance does not apply to 'bodily injury"or
damage" or "personal and advertising injury "property damage"occurnng after:
caused,in whole or in part,by:
1. All work, including materials. parts or equip-
1. Your acts or omissions:or rent furnished in connection with such work
2. The acts or omissions of those acting on your on the project(other than service maintenance
behalf or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional :nsured(sl at the location's) desig- covered operations has been completed,or
nated above. 2. That portion of "your work' out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a pnncipal
as a part of the same project.
City of Yakima Limited Public Works—Invitation to Quote Page 20 of 21
EXHIBIT A
(packet, 6 pages)
. 1 • --'1',,,,ki...
Liii(V7 _...‘,111111111______-----f')11171.117.;____ '',,
Lrii-
t'...
Racialtio gt TIM ... ,y .... A,,„.
•-•. - f ' • oilitt4=tip. i.
r--- Approach --0
`,, Sidewalk ,a_.�
y r�A�
,ter _ `
•••••••••••
IP 414. . Nit• .1• iiii .
J • � • +•Yy
NOTE
JOINTS MAY BE FORMED DURING
INSTALLATION USING A RIGID DIVIDER OR
10-p SAW CUT AFTER CONCRETE CURES TO
1r 1r "Null,Of$(TYP MINIMUM STRENGTH
1r 1r
.i,-...;--, --. .....M1
air----...._._._____il. _______Illa
. .......
t1 3 BARS ITV') EXTRUDED CUR
�n
�
_ rTAPER I 12"
TO ZERO
10'
212' S 212' 1
1 f2'R IQ'R
CURB TERMINAL END
1'R aki 1"Ri _m
%3REBAR@10'OC %//////7 Z ;_}
CEMENT CONCRETE EXTRUDED CURB
F LOW
UNE
25' 11-
1,2'R 102"R 9/6"
CEMENT CONCRETE VALLEY GUTTER
NOTES:
1. WSDOT CLASS 3000 CONCRETE WITH COARSE AGGREGATE GRADING
NO.5.
2. EXCAVATION LIMITS ARE 6'BEHIND AND 6"IN FRONT FOR REMOVING
AND REPLACING EXISTING CURB&GUTTER.
,f*►. City Of Yakima City of Yakima-Standard Detail
':' Engineering Division CEMENT CONCRETE CURB R1
129 North SecOnO Street NOT TO SCALE
t"Y Yak ma.Washington Revision9.2014
COLD JOINT(TVP) ` i?
III WIDTH PER YMC IIIV64 ... oQP
II 6 6+070 SEE PLANS 11 CONCRETE APRON T MIN IS fr-,'11
I TO RAY LNE(WHICHEVER IS ee '� ...�:� ":i•�iC:^::�i:•rti:.. ihOT
II I I GREATER) eiei�-• 'vT h
RP RP eeiiiii \
tS lMIN1 A ei.. yQ
rJ. A sEE PVC 1i
•
'yi 1
Aleilli,,
..:iti:,,•{{..:'::.r::ii::i:..°'.::i:^i::'i:c:ri::•:i4':`ii:.F �/ ` .:.:.::. ::':L'Ytll:'11:.:r.:.�., '..,. ,i.;;'..;:.::,.: .ar:.,'.7.2•'
r�� a4
.....
PREFERRED RAMP ALTERNATE RAMP �:icaT':::v :i•t:•:::Ci:riii:•.`:i:•::'::::.:"''ie:`:`'' dt0
CONFIGURATION CONFIGURATION NO t P,
f
'—•—• COLD JOINT(TVP)
...r..:::.::::::':'::.:::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::*.;:::::'::::::::::::::::::::: ::r::::::: ...... ..
/� MIN 0 25'CSTC(COMPACTED DEPTH)
iIWPA9WWWWYWWYWWVAiWIW �•• •••••••'••••-••
(INCLUDING APRON)
CONCRETE VALLEY GUTTER 0 5'CEMENT CONCRETE
A INCLUDING APRON)
COMMERCIAL APPROACH -TYPE 1 COMMERCIAL APPROACH -TYPE 2
RP
RAISED CURBING MAY ...,' t5
VALLEY GUTTER CONTINUE INTO SITE RAMP RUNNING SLOPES ,
FLOW LINE SHALL 8E 8 J'e MAX ALTERNATE RAMP
0 5 CEMENT CONCRETE— *% CONFIGURATION NO 2
%//A 7 p iwizeyvvy�����������,,/V/G •i:•... �. COLD JOINT(TYP)
3'VALLEY MN 0 33'CSTC(COMPACTED DEPTH/ NwHYA�' / Ory.�2�
GUTTER VALLEY GUTTER ,� ;ri :..,,.. ,"�F`yN-
SECTION A �1\ w"`°4S, 1Y
NOTES `:::::: :r::::::::::r:::::::.. tl S
I USE OF COMMERCIAL APPROACH.TYPE 2 BY APPROVAL OF CITY ENGINEER ONLY ::•:•:::::•::
2 CURB&GUTTER.VALLEY GUTTER.&CONCRETE APPROACH SHALL BE SEPARATED BY 316'THICK EXPANSION JOINT MATERIAL ::: :::: ::: :: : :
3 THIS DETAIL INDICATES GENERAL CONFIGURATION REQUIREMENTS FOR COMMERCIAL DRIVEWAY APPROACHES STYLE AND
LOCATION OF HANDICAP RAMPS WILL DEPEND UPON SITE CONDITIONS AND SHALL BE CONSTRUCTED ACCORDING TO THE COLD JOINT(T�•P) ...................................
40
SPECIFIC PROJECT SITE PIAN APPROVED BY THE CITY ENGINEER `/r MN 0 IT CSTC
(COMPACTED DEPTH)
4 WSDOT CLASS 3030 CONCRETE WITH COARSE AGGREGATE GRADING NO 5
05 CEMENT CONCRETE
S. DUE TO THE MINIMUM SIZE RADIUS OF IS'.SPECIAL CONSIDERATIONS NEED TO BE MADE TO ALLOW FOR ADA REQUIREMENTS ON RESIDENTIAL APPROAC H
THE RAMPS 15'RADIUS DESIGNS MUST BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO CONSTRUCTION
6 ALL SIDEWALK WITHIN COMMERCIAL APPROACH UNITS.FROM RADIUS POINT TO RADIUS POINT.SHALL BE 0.5'CEMENT CONCRETE
ON033'CSTC
0'... City Of Yakima City of Yakima-Standard Detail
'4'17 Engineering Division
li].: DRIVEWAY APPROACHES R4
�� 175 Nam SecWesnngt ilsA ql Son Vee1
Yalta. NOT TO SCALE
Yalta.
Revrsan 4•2019
THROUGH JOINTS ON EACH
SIDE OF AND AROUND EACH
UTILITY APPURTENANCE. .
r♦
FOR HANDICAP RAMP SIZE AND POSITION.
SEE APPLICABLE STANDARD DETAILS.
SIDEWALK JOINTING
5'(MIN.)*
COLD JOINT
S=OO t fury
CONCRETE
0. CEMENT
5'(MIN.)* COMPACTED SUBGRADE
0.17'MIN.CSTC(COMPACTED DEPTH)
COLD JOINT
S 0011Vft 4" STANDARD SECTION
0.5'CEMENT CONCRETE
COMPACTED SUBGRADE * MINIMUM SIDEWALK WIDTHS PER CITY CODE:
0.17'MIN.CSTC(COMPACTED DEPTH) A RESIDENTIAL STREET-5 FEET
B. ARTERIAL&COLLECTOR STREETS-7 FEET
C. CENTRAL BUSINESS DISTRICT STREETS-12 FEET
6" SIDEWALK SECTION
NOTES
1. THROUGH JOINTS WITH 3/8"JOINT MATERIAL SHALL BE PLACED AT 20'INTERVALS
OR MATCH EXISTING CURB JOINTS.
2. 1 1/2"DEEP DUMMY JOINTS SHALL BE SCORED INTO THE CONCRETE AT
ALTERNATING 10'INTERVALS.
3. "V"GROOVES SHALL BE PLACED AT 5'INTERVALS.
4. ALL JOINTS."V"GROOVES.AND EDGES SHALL BE FINISHED WITH AN EDGER
HAVING A 1/4"RADIUS.
5. SEE PLANS FOR WIDTH AND POSITION OF SIDEWALK.
6. WSDOT CLASS 3000 CONCRETE WITH COARSE AGGREGATE GRADING NO.5.
City Of Yakima City of Yakima-Standard Detail
Engineering Division CEMENT CONCRETE SIDEWALK R5
129 Strcc!
NOT SCALE
Yakima viashl,kgVon
Revision
06-2018
EXISTING PAVEMENT-DEPTH VARIES APPLY CSS-1 8 SAND TO SEAL THE SURFACE JOINTS.
ASPHALT CONCRETE PATCt! APPLY CSS-1 TO EDGES OF REPAIR SECTION AND TO
LIMITS SURFACE OF CONCRETE. IF OVERLAYED.
1.0' EXCAVATION 1.0' 1.0'
LINE MI
,drat
ALTERNATE BACK SLOPE AT CONTRACTORS
OPTION AND AT NO ADDITIONAL COST TO THE
CITY OF YAKIMA
HMA CL.1/2' PG 64-28 @ 1.5 TIMES DEPTH OF EXISTING ASPHALT.
0.25'MIN,(COMPACTED DEPTH In 2 EQUAL LIFTS)
0.5'CSBC(COMPACTED DEPTH)
ASPHALT CONCRETE SURFACING
EXISTING SURFACE-DEPTH VARIES
GRAVEL SURFACE
PATCH LIMITS
1.0' EXCAVATION 1.0' 1,0•
LINE (MIN)
a
ALTERNATE BACK SLOPE AT CONTRACTORS
OPTION AND AT NO ADDITIONAL COST TO THE
CITY OF YAKIMA
0.17'CSTC(COMPACTED DEPTH)
GRAVEL SURFACING
UNSURFACED AREAS EXISTING
PATCH LIMITS GROUND
1.0' tV T• 1.0' 1.0'
LINE (MIN)
I
a
21tQG GYat
:S '0 ALTERNATE BACK SLOPE AT CONTRACTORS
OPTION AND AT NO ADDITIONAL COST TO THE
CITY OF YAKIMA
1.0'MIN.(COMPACTED DEPTH)NATIVE MATERIAL FREE FROM ROCKS OVER 2
INCH.STORE IN STOCKPILE WHEN REMOVED DURING TRENCHING.
UNSURFACED AREAS
NOTES
1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SURFACE RESTORATION
INCLUDING WIDER REPAIR SECTIONS RESULTING FROM ALTERNATE BACK
SLOPE AT TRENCH SIDES.
2. CONTRACTOR SHALL BE AWARE THAT GEO-TEXTILE-FABRIC MAYBE REQUIRED
BY THE ENGINEER IN CERTAIN APPLICATIONS.
fyie4'>i City Of Yakima City of Yakima-Standard Detail
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EXHIBIT B
Contractor's Quote Proposal
Separate Attachment
Quote22235S Agreement Page 12 of 12
•
lig
I CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE #222355
FOR NON-FEDERALLY FUNDED WORK BETWEEN $10,000-35,000
PROJECT NAME: Fechter Rd ISSUE DATE: 11 02 2022
Stormwater Improvement CITY PROJECT COORDINATOR NAME/NUMBER: Marc Cawley,509-594-8388
LOCATION:Yakima,WA 98908 RETURN QUOTES TO:marc.cawley@yakimawa.gov
Fechter Rd and Castlevale Rd
Intersection
DUE DATE/TIME: 11-10-2022,3:00PM
QUOTE FORM
Small Works Roster Project
Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote.
Prevailing Wage
This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage protect.
Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any
Subcontractors working on the project, at Contractor's expense,and posted as approved by Labor and Industries(L&I)prior to
payment.See attached contract for further details.
Certificate of Insurance
Please contact your insurance company and have them send us a Certificate of Insurance naming the"City of Yakima,its Agents,
Employees and Elected or Appointed Officials as Additional Insured"per the attached sample,with the same limits of coverage.
The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement,or it will be returned
to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of
Insurance with Additional Insured endorsement. See attached contract for further details.
Site Visit
An onsite meeting will convene at your earliest convenience. Please contact Marc Cawley at marc.cawley@yakimawa.Gov or
by phone at 509-594-8388.The site meeting is not mandatory;however,interested parties are strongly urged to attend.
Coordination of Work
Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be
accomplished.Work shall be completed as agreed upon in the resulting contract.
Work Hours and Schedule
Work to be completed M-F,8:00 a.m. to 5:00 p.m., excluding legal holidays.Alternate work schedules will be evaluated on a
case by case basis.
Scope of Work
Work shall consist of all equipment, materials,and labor in order to complete the work of installing approximately 35 feet of
sidewalk and one commercial approach approximately 20 feet in width.Work shall be performed in accordance with the
plans and specifications attached as Exhibit A.
City of Yakima Limited Public Works—Invitation to Quote Page 1 of 21
QUOTE FORM
All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards,and Specifications as presented
by the City of Yakima.Work shall be performed using the recommended process below,using specified materials and brands or
approved and acceptable equal.
Excavation limits for removing curb pan are 6 inches on street side of curb pan.Sidewalk section shall be 5 feet in width and 4
inches in depth with cold ioint to existing curb.(standard detail R1, RS)
Installation of new curb, match to existing or where applicable(WSDOT F-10.12-04 cement concrete traffic curb).
Approach to canal access road shall be Commercial Type 1 utilizing the"Preferred Ramp Configuration".All areas connecting
to existing curb and gutter pan shall be cold joint. (standard detail R1, R4)
Road surface repair, (standard detail R7)
*Bidder may quote alternate process for City consideration:Yes
Number of Days to Complete Work: 10 Comments:
Quote is Firm for: 30 Days(Minimum of 30 Days)
Guarantee: Minimum of one(1)year on work. Warranty:Minimum of 1 years on materials.
Permit Required:Yes,must submit traffic control plan and obtain excavation permit.
Delivery Terms:
All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must
be included in the lump sum total. No additional charges for shipping or handling will be allowed.
Lump Sum(Pre-Tax): $ �j2Z,1S OO
City of Yakima Limited Public Works—Invitation to Quote Page 2 of 21
QUOTE FORM
In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any
collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other
person or firm to submit or not to submit a Quote;that this Quote has been independently arrived at without collusion with any
other Bidder,competitor or potential competitor;that this Quote has not been knowingly disclosed prior to the opening of Quote
to any other Bidder or competitor;that the above statement is accurate under penalty of perjury.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms
of our Quote.
Company Name Company Address
KEN LE/N&a/c, ei✓M7/ufo/INC• I/17 N. Zr`lye. leerni wig- 994bz
Name of Authorized Company Representative(Type or Print) Title
?1—gA Suvou ,e
Signature of Ab a Email Address
pa k-/CiA �C.Co•
WMBE/DBE V 1dor Certification Number(if applicable) Phone Number
Sv9-c7S-S-S"67
% I hereby acknowledge receiving Addendum(a)
(Use as many spaces as addenda received.)
City of Yakima Limited Public Works—Invitation to Quote Page 3 of 21
CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE#222355
GENERAL/SPECIAL INSTRUCTIONS
A. Additional Work
Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate
sheet entitled "Additional Materials/Labor Required".
B. Estimated Quantities
Estimated quantities, if any,set forth in the Scope of Work are estimates only, being given only as a basis
for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual
amount of work will correspond to the estimated quantities. Bidder is responsible for verification of
square footage and units of measure,which are to be provided with Quote submittal.
C. Qualified Quotes
The General and Special Instructions included in this quote document and in the resulting contract will
govern the performance of the work. No other terms and conditions will be accepted. Quotes that are
conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and
Special Terms and Conditions, may result in the Quote being considered non-responsive.
D. Proprietary Material Submitted
Any information contained in the bid submitted that is proprietary must be clearly designated. Marking
the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a
Contractor's bid,the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56
RCW. If any information is marked as proprietary in the proposal, such information will not be made
available until the affected bidder has been given an opportunity to seek a court injunction against the
requested disclosure.
E. Award of Quote
The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or
exceed these specifications, and which would be in the best interest of the City and will not necessarily
be bound to accept the low quote.
F. Business License and Permits
All bidders shall have a valid and current business license issued by the State of WA Department of
Revenue,Business Licensing Service covering this type of work. It will be the Contractor's responsibility to
procure any licenses or permits required, to complete the project. The Contractor is responsible for all
traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or
(509) 575-6126 or visit the Codes website at: https://www.yakirnawa.gov/services/codes/ for
information.
G. Background Checks-Special Conditions for Yakima Police Department(YPD)Facilities
All Contractors, employees, and Subcontractors who will be working on site must participate in a
Washington State and National fingerprint and background check process in order to work in YPD facilities.
This process must be completed no less than five (5) days prior to start of work. Contractors must also
complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information
Services (CJIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees
working on site must watch a 10-15 minute video.The YPD Police Services Manager will coordinate with
Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any
person does not pass the background check,they must be replaced and will not be allowed on site.There
City of Yakima Limited Public Works—Invitation to Quote Page 4 of 21
may be few instances where a Contractor may be supervised directly by the Facilities Manager and this
requirement may be waived on a case-by-case basis.
H. 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.
I. 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.
J. 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.
K. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or
approved equal means that the make, model or trade name will be given consideration if they fulfill the
same performance requirements. The City reserves the right to make the decision on acceptability. Each
bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote.Any
equipment proposed as an equal to that herein specified must be substantiated with supporting data to
justify such request for substitution.
L. 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.
M. No Disturbance
The Contractor shall not disturb grounds or materials outside the sphere of the contracted project.
N. 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.
City of Yakima Limited Public Works—Invitation to Quote Page 5 of 21
O. Waste Materials
All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off
the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled
material from streets, roads, etc. Storage of debris on site is not allowed.
P. 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.
Q. 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.
R. 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.
S. 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%) 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.
City of Yakima Limited Public Works—Invitation to Quote Page 6 of 21
BIDDER RESPONSIBILITY FORM
(To be submitted with Quote 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#: Kai-tom- ''2.0iOD
Effective Date: el- -!980
Expiration Date: 1 I-I Z0Z3
2. Have a current Washington Unified Business Identifier(UBI) number;
UBI#: 6, o-370-13o(.
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? ZSB, eft-00 oNo)
b. Have a Washington Employment Security Department number, as required in Title 50 RCW;
# Log73s-oo-7-
c. Have a Washington Department of Revenue state excise tax registration number,as required in
Title 82 RCW;
# 49I-I,IZZ(43
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? (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? (Yes/
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? (dr o)
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 ❑ Exempt❑
Is Contractor in compliance? es o)
City of Yakima Limited Public Works—Invitation to Quote Page 7 of 21
Subcontractor Responsibility
1. The Contractor shall include the language of this section in each of its first-tier subcontracts, and shall
require each of its Subcontractors to include substantially the same language of this section in each of their
subcontracts,adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply to all Subcontractors regardless of tier.
2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors
meets the following bidder responsibility criteria:
a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have
been in effect at the time of subcontract quote submittal;
b. Have a current Washington Unified Business Identifier number(UBI);
3. If applicable, have:
a. Industrial insurance(worker's compensation)coverage for the Subcontractor's employees working
in Washington as required in Title 51 RCW;
b. A Washington Employment Security Department number as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number as required in Title 82
RCW;
b. An electrical Contractor license, if required by Chapter 19.28 RCW;
c. An elevator Contractor license, if required by Chapter 70.87 RCW.
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not
have been found out of compliance by the Washington state apprenticeship and training council for
working apprentices out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year
period immediately preceding the first date of advertising for the project.
7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are
they exempt?
City of Yakima Limited Public Works—Invitation to Quote Page 8 of 21
iiii
Certification of Compliance with Wage Payment Statutes
(To be submitted with Quote Form)
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date (__ Ij_Z-ZmZZ _ ), 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.
K__ � �
aiLEINGh7ut. &C/Wk71N(er /NC•
Bidder )
( ,;:1---
Signature of Authorized Of icial*
LE,NG#-Nc0
Printed Name
V.
Title
/H-ro-Zou ViiiPm - w/4
Date City State
Check One:
Individual ❑ Partnership E Joint Venture E Corporation'L
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co-partnership, give firm name under which business is transacted:
*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 by a partner.
City of Yakima Limited Public Works-Invitation to Quote Page 9 of 21