HomeMy WebLinkAbout06/01/2021 04E Resolution awarding bid and authorizing agreements with Granite Construction, HBQ Inc., and Herke Rock for purchase and delivery of rock for the Nelson Dam Project 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.E.
For Meeting of: June 1, 2021
ITEM TITLE: Resolution awarding bid and authorizing agreements with Granite
Construction, HBQ Inc., and Herke Rock for purchase and delivery
of rock for the Nelson Dam Project
SUBMITTED BY: Christina Payer, Buyer I
Maria Mayhue, Purchasing Manager
SUMMARY EXPLANATION:
The Purchasing Division and Water/Irrigation Division recommend multiple awards to Granite
Construction Company, HBQ Inc., and Herke Rock per the attached bid tabulation and
recommendation of award.Award is recommended based on the lowest responsive bids from
responsible bidders.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: NA
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Approve Resolution
ATTACHMENTS:
Description Upload Date Type
E reso 5/25/2021 Corer Memo
d Tabulation Bid 12107 5/20/2021 Backup Material
❑ 12107 Agreement Granite Construction 5/20/2021 Contract
O 12107 Agreement HBQ Inc. 5/20/2021 Contract
❑ 12107 Agreement Herke Rock 5/20/2021 Contract
O 12107 Exhibit A to Agreements 5/20/2021 Exhibit
❑ 12107 Exhibit B Granite Construction Agreement 5/20/2021 Exhibit
O 12107 Exhibit B HBQ Inc.Agreement 5/20/2021 Exhibit
2
D 12107 Exhibit B Herke Rock Agreement 5/20/2021 Exhibit
3
RESOLUTION NO. R-2021-
A RESOLUTION awarding Bid 12107 and authorizing agreements with Granite
Construction, HBQ Inc, and Herke Rock for purchase and delivery of
Boulders and Rock per specification.
WHEREAS, the City posted and published notice on April 2 and 3, 2021 in the Yakima
Herald Republic and on the City's webpage that Bid No. 12107 was available for competitive
bid; and
WHEREAS, Bids were due April 19, 2021 at 11:00 a.m.; bids that were timely received
were publicly opened in City Council Chambers in Yakima, Washington; and
WHEREAS, the following Bids were received, as evidenced by the attached Bid
Tabulation Form; and
WHEREAS, all responsive Bids were sent to the Water/Irrigation Division Manager for
Recommendation of Award; and
WHEREAS, Granite Construction, HBQ Inc, and Herke Rock submitted the lowest
responsive Bids received from responsible Bidders; the Water/Irrigation Division Manager
recommends multiple contract awards be issued, based on unit priced bids received, to Granite
Construction, HBQ Inc, and Herke Rock, and that the City Manager execute the Contracts; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this procurement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Bids are hereby awarded and the City Manager is hereby authorized to execute the
Contracts with Granite Construction, HBQ Inc, and Herke Rock, attached hereto and
incorporated herein by this reference, in the estimated project amount of$1,932,003.77, for the
procurement of Boulders and Rocks for the Nelson Dam Removal Project: Water Supply
Riverine Process, and Fish Passage Improvements - Phase I Intake and In-River Improvements
— Materials: Boulders and Rocks.
ADOPTED BY THE CITY COUNCIL this 1 n Day of June, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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AGREEMENT
CITY OF YAKIMA
BID 12107
Nelson Dam Removal Project— Phase I Intake and In-River Improvements
Materials: Boulders and Rocks per Specification
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Granite Construction Company, ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The minimum services that the Contractor will provide include services described in Bid 12107 specifications, which
are attached as Exhibit A hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit
includes the Bid Form included in the Contractor's Bid submittal at the time and in the manner and upon the conditions
provided for the Contract.
3. Contract Term
Materials shall be distributed or delivered as required by the City over the course of the Project from July 1st, 2021 to
April 1st, 2023. Final work schedule shall be coordinated with Project Coordinator David Brown 509-575-6204.
Extensions shall be granted upon mutual written agreement by and between Bidder.
4. 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.
5. Successors and Assigns
a. Neither the City, nor the Contractor,shall assign,transfer,or encumber any rights,duties,or interests accruing
from this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall,at all times, be subject to inspection by and with the approval of the
City, but the making of(or failure or delay in making)such inspection or approval shall not relieve Contractor
of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery.
Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested
7
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. Until the expiration of six(6)years after final payment of the
compensation payable under this Contract, or for a longer period if required by law or by the Washington
Secretary of State's record retention schedule, Contractor shall retain and provide the City access to(and the
City shall have the right to examine, audit and copy)all of Contractor's books, documents, papers and records
which are related to the Services performed by Contractor under this Contract.
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/Yakima County 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.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
9. Guarantee
Contractor warrants the Materials will be free from defects in workmanship for a period of one year following the date
of delivery and acceptance of the Materials.
10. 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 have 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 procure 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 department of Revenue state excise tax registration
number, as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
e. 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
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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.
11. Prevailing Wages
(*Refer to WAC 296-127-018. Only required when delivery is to a construction site, not required when delivery is to a
stockpile.)
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. ROW 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. ROW 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://fortress.wa.qov/Ini/wagelookup/prvWagelookup.aspx. Based on the bid submittal for this project, the
applicable effective(start)date of this project for the purposes of determining prevailing wages is the bid date, April 2,
2021.
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, gender identity, 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.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed
officials,officers,employees, attorneys,agents,and volunteers from any and all claims,demands, losses,
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liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent
acts or omissions of Contractor, its officials, officers, employees or agents.
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. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is
done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless
obligations set forth above in Section A shall operate with full effect regardless of any provision to the
contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to
fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in
Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically
assumes all potential liability for actions brought by employees of the Contractor against the City and its
elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have
mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall survive the expiration or termination of this
Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.Contractor shall provide and maintain in force insurance
in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein.A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City, 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.
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
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($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 policy 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 policy 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 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.
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 shall not contribute to it.
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.
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Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents,
attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
15. 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.
16. Contract Documents
This Contract, the Invitation to Bid 12107 Scope of Work, conditions, addenda, and modifications and Contractor's Bid
submittal (to the extent consistent with City of Yakima 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.
17. Termination
Termination for Cause: In the event of Contractor's breach of this Contract, the City may terminate the Contract after
providing the Contractor with thirty (30) calendar days written notice of the Contractor's right to cure a failure of the
Contractor to perform under the terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty(60)calendar days' notice of the City's right to
cure a failure of the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be released from all
obligations to the other party arising after the date of termination or expiration, except for those that by their terms
survive such termination or expiration.
The following represents a non-exclusive list of examples of 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; or
Termination for Convenience: Either party may terminate the Contract at any time,without cause, by providing a written
notice; the City by providing at least thirty(30)calendar days' notice to the Contractor, and the Contractor providing at
least thirty(30)calendar days' notice to the City in advance of the intended date of termination.
12
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 thirty(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.
This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become
effective thirty(30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default
as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle
such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, 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.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County, Washington.
22. 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.
23. 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.
13
Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in
ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City
in writing as soon as possible, and in no event later than three(3)business days, after any decision by the Contractor
to change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with
the totality of the Contract impossible,patently unreasonable,or unnecessary. Notices and demands under and related
to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY: Bob Harrison,City Manager TO CONTRACTOR: Granite Construction Company
City of Yakima 80 Pond Rd
City Hall—First Floor Yakima,WA 98901
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer I
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
24. Survival
The foregoing sections of this Contract, 2-23 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 GRANITE CONSTRUCTION COMPANY
OlgdaIlysgned by Keith Majors
ON:C=US,E=keith.majors@gdro.wm,O=Grantle
Keith Majors wetlenction Campeny,OU=Malefired bytes,
CN=1(eXh Mryors
Reason:agree4theterms third bythe
Date
2021.0.1 2:26:12on this tl¢umeM
By: Data zazt.os.tatz:za:tz-0rooi
City Manager
Date: Date: 05/18/2021
Keith Majors
Attest: (Print name)
City Clerk
14
AGREEMENT
CITY OF YAKIMA
BID 12107
Nelson Dam Removal Project—Phase I Intake and In-River Improvements
Materials: Boulders and Rocks per Specification
THIS AGREEMENT,entered into on the date of last execution,between the City of Yakima,a Washington municipal
corporation("City"),and HBQ INC,("Contractor).
WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as
follows:
1. Statement of Work
The minimum services that the Contractor will provide include services described in Bid 12107 specifications which
are attached as Exhibit A hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,which Exhibit
includes the Bid Form included in the Contractor's Bid submittal at the time and in the manner and upon the conditions
provided for the Contract.
3. ContractTerm
Materials shall be distributed or delivered as required by the City over the course of the Projectfrom July 1st,2021 to
April 1st, 2023.Final work schedule shall be coordinated with Project Coordinator David Brown 509-575-6204.
Extensions shall be granted upon mutual written agreement by and between Bidder.
4. 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 notrepresentthat it is,or hold itself out as,an agent or representative of
City.In no event shall Contractor be authorized to enter into any agreementor undertaking for,or on,behalf of City.
5. Successors and Assigns
a. Neither the City,nor the Contractor,shall assign,transfer,or encumber any rights,duties,or interests accruing,
from this Contract without the prior written consent of the other.
b. The Contractor for himself,and for his heirs,executors,administrators,successors,and assigns,does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public,is confidential.and the Contractorwill not,in
whole or part,now or at any time disclose that information without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the
City,but the making of(or failure or delay in making)such inspection or approval shall not relieve Contractor
of responsibility for performance of the Services in accordance with this Contract,notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery.
Contractor shall provide the City sufficient, safe, and proper facilities,and/or send copies of the requested
15
documents to the City.Contractor's records relating to the Services wall 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. Until the expiration of six(6)years after final payment of the
compensation payable under this Contract, or for a longer period if required by law or by the Washington
Secretary of State's record retention schedule,Contractor shall retain and provide the City access to(and the
City shall have the right to examine,audit and copy)all of Contractor's books,documents,papers and records
which are related to the Services performed by Contractor underthis Contract.
c. All records relating to Contractor's services underthis Contract must be made available to the City, and the
records relating to the Services are City of Yakima/Yakima County 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 underthis Contract must be retained by Contractor for the minimum
period of time required pursuantto the Washington Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration ortermination of this Contract,
8. Work Made for Hire
All work the Contractor performs underthis 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 ortermination of the Contract,
the Contractor shall deliver these materials to the City.
9. Guarantee
Contractor warrants the Materials will be free from defects in workmanship for a period of one year following the date
of delivery and acceptance of the Materials.
10. 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 have 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 procure 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 department of Revenue state excise tax registration
number,as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
e. 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
16
is actually awarded the contract.and in the eventthatthe award is made,priorto conducting any business
in the City.
11. Prevailing Wages
(*Refer to WAC 296-127-018.Only required when delivery is to a construction site, not required when delivery is to a
stockpile.)
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 Contractorto 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 shalt 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://fortress.wa.qov/lni/wagelookup/prvWagelookuo.aspx.Based on the bid submittal for this project,the
applicable effective(start)date of this projectfor the purposes of determining prevailing wages is the bid date,April 2,
2021.
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,gender identity,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 chapter49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but notbe 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 underthis 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 foranyfuture City contracts.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. Contractor agrees to defend,indemnify and hold harmless the City, its elected and appointed
officials,officers,employees,attorneys..agents,and volunteers from any and all claims,demands,losses,
liens,liabilities,penalties,fines,lawsuits,and other proceedings and all judgments,awards,costs and
17
expenses(including reasonable costs and attorney fees)which result or arise out of the sole negligent
acts or omissions of Contractor,its officials,officers,employees or agents.
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. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is
done pursuant to this Contract, Contractor intends that its indemnification,defense,and hold harmless
obligations set forth above in Section A shall operate with full effect regardless of any provision to the
contrary in The 51 RCW,Washington's Industrial Insurance Act.Accordingly,to the extent necessaryto
fully satisfy the Contractor's indemnification,defense,and hold harmless obligations set forth above in
Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically
assumes all potential liability for actions brought by employees of the Contractor against the City and its
elected and appointed officials,officers,employees,attorneys,agents,and volunteers. The parties have
mutually negotiated this waiver. Contractor shall similarly 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,shall comply with the terms of this paragraph,waive
any immunity granted under Title 51 ROW,and assume all potential liability for actions brought by their
respective employees.The provisions of this section shall survive the expiration or termination of this
Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in anythird party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liab tyInsurance
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 outoforresulting from the performance ofthis Contract.Contractorshall provide and maintain in force insurance
in limits no less than that stated below,as applicable. The City reserves the rightto require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein.Acpy 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.
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 singlelimitbodily injury and property damage,and Two Million
Dollars($2,000,000.00)general aggregate.If Contractor carries higher coverage limits,such limits shall
18
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 policy shall name the City of Yakima,its elected and appointed officials,
employees,agents,attorneys and volunteers as additional insureds,and shalt 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. AutomotitleUUab ty 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 policy 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 regu lationsto 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.
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 shall not contribute to it.
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.
Should a court of competentjurisdiction determine that this Contract is subjectto 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 Contractor and the City, its officers, elected and appointed officials, employees. agents.
attorneys and volunteers,Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
19
15. 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 otherterms,conditions or applications which can be given effect withoutthe invalid term,
condition or application.To this end,the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract,the Invitation to Bid 12107 Scope of Work,conditions,addenda,and modifications and Contractor's Bid
submittal (to the extent consistent with City of Yakima 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.
17. Termination
Termination for Cause: In the event of Contractor's breach of this Contract, the City may terminate the Contract after
providing the Contractor with thirty (30) calendar days written notice of the Contractor's right to cure a failure of the
Contractor to perform underthe terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty(60)calendar days'notice of the City's rightto
cure a failure of the City to perform underthe terms of the Contract.
Upon the termination of the Contract for any reason,or upon Contract expiration,each party shall be released from all
obligations to the other party arising after the date of termination or expiration, except for those that by their terms
survive such termination or expiration.
The following represents a non-exclusive list of examples of breach by the Contractor:
a. Defaults on an obligation underthe Contract;
b. Fails to perform any material obligation required underthe Contract;
c. Files a petition in bankruptcy,becomes insolvent,or otherwise takes action to dissolve as a legal entity;
i. Allows any final judgmfntnot to be satisfied or a liennot 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 ofthe 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;
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;or
Termination for Convenience: Either party may terminate the Contract at any time,without cause,by providing a written
notice;the City by providing at least thirty(30)calendar days'notice to the Contractor,and the Contractor providing at
least thirty(30)calendar days'notice to the City in advance of the intended date 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 paymentfor 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
20
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 thirty (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.
This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become
effective thirty (30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Dispute Resolution
In the eventthat any dispute shall arise as to the interpretation of this agreement,or in the event of a notice of default
as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle
such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County,in accordance with the laws of Washington. If both parties consentin writing,other available means of dispute
resolution may be implemented.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God,fire, strikes,epidemics/pandemics, 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.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County,Washington.
22. Authority
The person executing thisContract,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.
23. 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 ofthe 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.
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: Bob Harrison,City Manager TO CONTRACTOR: HBQ INC
City of Yakima 3001 State Route 410
City Hall—First Floor Naches,WA 98937
129 North Second Street
Yakima,WA 98901
COPYTO: City of Yakima Purchasing
Christina Payer,Buyer
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
24. Survival
The foregoing sections of this Contract,2-23 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 HBQ INC
By:
City Manager �" � )'Date: Date: // &
daVIV), v( )) /Lv s�a1 SiL1
Attest: (Print name)
City Clerk
22
AGREEMENT
CITY OF YAKIMA
BID 12107
Nelson Dam Removal Project— Phase I Intake and In-River Improvements
Materials: Boulders and Rocks per Specification
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Herke Rock, ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The minimum services that the Contractor will provide include services described in Bid 12107 specifications, which
are attached as Exhibit A hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit
includes the Bid Form included in the Contractor's Bid submittal at the time and in the manner and upon the conditions
provided for the Contract.
3. Contract Term
Materials shall be distributed or delivered as required by the City over the course of the Project from July 1st, 2021 to
April 1st, 2023. Final work schedule shall be coordinated with Project Coordinator David Brown 509-575-6204.
Extensions shall be granted upon mutual written agreement by and between Bidder.
4. 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.
5. Successors and Assigns
a. Neither the City, nor the Contractor,shall assign,transfer,or encumber any rights,duties,or interests accruing
from this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the
City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor
of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's
knowledge of defective or non-complying performance, its substantiality or the ease of its discovery.
Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested
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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. Until the expiration of six(6)years after final payment of the
compensation payable under this Contract, or for a longer period if required by law or by the Washington
Secretary of State's record retention schedule,Contractor shall retain and provide the City access to(and the
City shall have the right to examine,audit and copy)all of Contractor's books,documents,papers and records
which are related to the Services performed by Contractor under this Contract.
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/Yakima County 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.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property
of the City.The City shall own any and all data,documents, plans,copyrights,specifications,working papers, and any
other materials the Contractor produces in connection with this Contract.On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
9. Guarantee
Contractor warrants the Materials will be free from defects in workmanship for a period of one year following the date
of delivery and acceptance of the Materials.
10. 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 have 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 procure 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 department of Revenue state excise tax registration
number, as required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
e. 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
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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.
11. Prevailing Wages
(*Refer to WAC 296-127-018. Only required when delivery is to a construction site, not required when delivery is to a
stockpile.)
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://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx. Based on the bid submittal for this project, the
applicable effective(start)date of this project for the purposes of determining prevailing wages is the bid date,April 2,
2021.
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,gender identity, 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.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed
officials,officers,employees,attorneys,agents,and volunteers from any and all claims,demands,losses,
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liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent
acts or omissions of Contractor, its officials,officers,employees or agents.
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. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is
done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless
obligations set forth above in Section A shall operate with full effect regardless of any provision to the
contrary in Title 51 RCW,Washington's Industrial Insurance Act. Accordingly, to the extent necessary to
fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in
Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically
assumes all potential liability for actions brought by employees of the Contractor against the City and its
elected and appointed officials, officers,employees, attorneys, agents,and volunteers. The parties have
mutually negotiated this waiver. Contractor shall similarly 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,shall 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 provisions of this section shall survive the expiration or termination of this
Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.Contractor shall provide and maintain in force insurance
in limits no less than that stated below,as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein.A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City, 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.
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
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($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 policy 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 policy 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 Employees 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.
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 shall not contribute to it.
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.
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Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents,
attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
15. 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.
16. Contract Documents
This Contract,the Invitation to Bid 12107 Scope of Work,conditions, addenda,and modifications and Contractor's Bid
submittal (to the extent consistent with City of Yakima 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.
17. Termination
Termination for Cause: In the event of Contractor's breach of this Contract,the City may terminate the Contract after
providing the Contractor with thirty (30) calendar days written notice of the Contractor's right to cure a failure of the
Contractor to perform under the terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty(60)calendar days'notice of the City's right to
cure a failure of the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason,or upon Contract expiration,each party shall be released from all
obligations to the other party arising after the date of termination or expiration, except for those that by their terms
survive such termination or expiration.
The following represents a non-exclusive list of examples of 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; or
Termination for Convenience: Either party may terminate the Contract at any time,without cause,by providing a written
notice;the City by providing at least thirty(30)calendar days' notice to the Contractor, and the Contractor providing at
least thirty(30) calendar days' notice to the City in advance of the intended date of termination.
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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 thirty(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.
This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become
effective thirty(30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default
as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle
such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County,in accordance with the laws of Washington. If both parties consent in writing,other available means of dispute
resolution may be implemented.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, 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.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County,Washington.
22. 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.
23. 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
29
outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted
price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any
properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three (3) business days of any change
in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the
City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the
Contractor to change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with '
the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and
related to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY: Bob Harrison,City Manager TO CONTRACTOR: Herke Rock
City of Yakima 19320 Ahtanum Road
City Hall—First Floor Yakima,WA 98903
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer,Buyer I
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
24. Survival
The foregoing sections of this Contract, 2-23 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 HERKE ROCK
By:
City Manager
Date: Date: 7/rhea
Attest: (Print name)
•
City Clerk
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Exhibit A
(Specifications)
31
City of Yakima
NOTICE TO BIDDERS
BID 12107
Notice is hereby given by the undersigned that electronic sealed Bids will be
accepted via PublicPurchase.com until the hour of 11:00:0o AM PST on April 16,
2021. Bids will be publicly opened in Yakima City Hall, Council Chambers, 129 N.
2nd Street, Yakima, Washington 98901. At such time, Bids will be publicly read
for: Nelson Dam Removal Project: Water Supply, Riverine Process, and Fish
Passage Improvements— Phase I Intake and In-River Improvements—Materials:
Boulders and Rocks per Specification
Due to the COVID-19 pandemic and the Governor's order against public
gatherings,our public bid openings will now be conducted via live stream through
our City of Yakima YPAC Division. The link to view the public bid opening remotely
is as follows: https://www.yakimawa.gov/council/live-stream/
Instructions to register with PublicPurchase.com are available at
www.yakimawa.gov/services/purchasing.
The City of Yakima reserves the right to reject any & all BIDs. The City hereby
notifies all Bidders that it will affirmatively ensure compliance with WA State Law
Against Discrimination(RCW chapter 49.60)&the Americans with Disabilities Act
(42 USC 12101 et set.)
Dated March 31,2021. Publish on April 2 &3, 2021
Christina Payer, Buyer I
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 1 of 26
32
CITY OF YAKIMA INVITATION TO BID 12107
� � i
COVER SHEET
• ; r .- . THIS IS NOT AN ORDER
BID Release Date:April 2, 2021
Bid Receipt: Bidders must first register with PublicPurchase.com and Bid shall be completely uploaded into PublicPurchase.com
no later than the date and time listed below. Register as early as possible and do not wait until the due date to upload your
documents, as this may take some time. Late Bids will not be accepted or evaluated. If you try to submit a Bid late, the electronic
system will not receive it. Bid openings are public. Bids shall be firm for acceptance for ninety(90) days from date of Bid opening,
unless otherwise noted
BIDS ARE ONLY RECEIVED THROUGH PUBLICPURCHASE.COM
Purchasing For: Buyer in charge of this procurement(Contact for further information):
City of Yakima Water/Irrigation Division Christina Payer, Buyer I
2301 Fruitvale Blvd.
Yakima, WA 98902
Bids Must be completely uploaded by: Phone E-Mail Address
April 16, 2021 at 11 :00:0o AM PST (509) 576-6696 christina.payer(c�yakimawa.gov
Public Opening Q
PROJECT DESCRIPTION SUMMARY
Nelson Dam Removal Project: Water Supply, Riverine Process, and Fish Passage Improvements
— Phase I Intake and In-River Improvements — Materials: Boulders and Rocks per Specification.
Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of
order.
Delivery Details: FOB Destination, Freight Prepaid
❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received)
In signing this Bid we also 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 Bid;that this Bid has been
independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the
opening of Bids to any other Bidder or competitor;that the above statement is accurate under penalty of perjury.
Furthermore, the Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may purchase goods or
services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any
responsibility or involvement in the purchase orders or contracts issued by other public agencies.
We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Bid and all terms of our Bid.
Company Name Company Address
Name of Authorized Company Representative(Type or Print) Title Phone (
Fax ( )
Signature of Above Date Email Address
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 2 of 26
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Invitation to Bid#12107
Contents
II. GENERAL INFORMATION 5
1. Purpose 5
2. Contracting Agency and Point of Contact 5
3. Best Modern Practices 5
4. Exceptions 5
5. More or Less 6
6. Delivery/Completion 6
7. Delivery of Unapproved Substitutions 6
8. Contract Term 6
9. Price Clarifications 6
10. Expansion Clause 7
11. Permits 7
12. Regulations and Codes 7
13. Prompt Payment 7
14. Payments 7
15. Acceptance of Terms 7
16. Sales Tax 7
17. Clarifications and/or Revisions to Specification and Requirements 7
18. Incurring Costs 8
19. No Obligation to Contract 8
20. Retention of Rights 8
21. Points Not Addressed 8
22. Materials Bought from Different Supplier 8
23. Errors and Omissions 8
24. Changes 9
III. PREPARING AND SUBMITTING A BID 9
1. General Instructions 9
2. Submitting a Bid 9
3. Prohibition of Bidder Terms&Conditions 9
4. Multiple Bids 9
5. Withdrawal of Bids 9
IV. BIDDERS CHECKLIST 10
V. EVALUATION AND CONTRACT AWARD 10
1. Bid Evaluation 10
2. Offer in Effect for Ninety (90) Days 10
12107 Nelson Dam Removal Project-Materials:Boulders&Rocks Page 3 of 26
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3. Protest Procedure 10
4. Sample Contract and Terms and Conditions 11
VI. SCOPE OF WORK 11
1. Bid Item A- Rock 11
2. Bid Item B—Rock Delivered 11
3. Bid Item Classification 12
VII. MATERIAL SPECIFICATIONS 12
1. Rock 12
2. Weir Boulders 13
VIII. BID FORM 14
IX. CONTRACTOR QUESTIONNAIRE 15
X. SAMPLE CONTRACT 17
XI. ATTACHMENT A—SAMPLE INSURANCE 25
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 4 of 26
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INVITATION TO BID # 12107
Nelson Dam Removal Project — Phase I Intake and In-River Improvements
— Materials: Boulders and Rocks per Specification
II. GENERAL INFORMATION
1. Purpose
It is the intent and purpose of these specifications to describe the Nelson Dam Removal Project: Water Supply,
Riverine Process, and Fish Passage Improvements — Phase I Intake and In-River Improvements — Materials:
Boulders and Rocks per Specification, in sufficient detail to secure bids on comparable products and material. All
materials, which are necessary in order to provide a complete bid, shall be included in the bid and shall conform
in strength, quality of workmanship and material to that which is usually provided the trade in general. Any
variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder.
The City of Yakima is developing final design and construction documents for the Nelson Dam Removal Project
located on the Naches River approximately 4 miles upstream of its confluence with the Yakima River in Yakima,
Washington.The Project includes removal of Nelson Dam (a low-head concrete weir known as an impediment to
fish passage) and construction of several new Project elements intended to provide a more effective natural fish
passage route, improve conveyance of low-frequency flood flow events through the Project reach, improve
sediment continuity, and provide more reliable surface water delivery systems for four existing water purveyors:
Naches-Cowiche Canal Association,the City, Fruitvale, and Old Union.
For reference, the Project location is best described as the intersection of South Naches and West Powerhouse
Roads, four miles northwest of the City of Yakima.
2. Contracting Agency and Point of Contact
This BID is issued by the City of Yakima Purchasing Division.The person responsible for managing this BID process
from beginning to end is the Buyer listed on page 2 of this solicitation. From the date of release of this BID until a
Contract is issued, all contacts (pertaining to this solicitation) with City's employees, and other personnel
performing official business for the City regarding this BID shall be made through the Buyer listed on page 2.
Contact with other City personnel regarding this BID is not permitted during the procurement process and
violation of these conditions may be considered sufficient cause for rejection of a Bid and disqualification of the
Bidder.
3. 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.
4. Exceptions
Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all
exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE
SPECIFICATIONS". Any Bid submitted without exceptions will be required to meet every detail of these
specifications regardless of cost to the successful bidder.
Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to
devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage.
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5. More or Less
Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, bids
shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates
of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made
only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts.
6. Delivery/Completion
Each bidder is required to list on the Bid form the number of calendar days he/she expects delivery to be made at
the destination, in terms of time interval,following placement of order. Time of delivery/completion is important
and will be considered in the evaluation of the Bids. Failure to include a specific number of calendar days may be
sufficient grounds for rejection of Bid.
Bidder agrees that material availability will be substantially complete by August 15th, 2021 and shall remain at
Bidder's location until material is distributed to a third party or is requested for delivery by the City.As such:
a. All materials not scheduled for delivery will be ready for final payment when the final quantity is made
available for distribution; OR
b. All materials being delivered will be ready for payment upon delivery to the Project location.
Bidder recognizes that materials shall be distributed or delivered as required by the City over the course of the
Project from July 1st, 2021 to April 1st, 2023.
Bidder recognizes that materials reserved by the City shall remain available to the City for the duration of the
Project or until the City issues a written release of interest. Extensions shall be granted upon mutual written
agreement by and between Bidder.
7. Delivery of Unapproved Substitutions
Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders placed
by the City reveals that an item other than those covered by and specified in the contract have been ordered and
delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the
Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the
violation. Violation of this clause may result in the removal of the offending Contractor's name from the City bid
list for a period of up to three (3)years.
8. Contract Term
See Section 3 of Contract
9. Price Clarifications
The City reserves the right to clarify any pricing discrepancies related to assumptions on the part of Bidders. Such
clarifications will be solely to provide consistent assumptions from which an accurate cost comparison can be
achieved.
Unit prices shown on the Bid or contract shall be the price per unit of sale(e.g.,gal., cs.,doz.,ea.) as stated on the
bid form. For any given item,the quantity multiplied by the unit price shall establish the extended price,the unit
price shall govern in the Bid evaluation and contract administration.
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10. Expansion Clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item
normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit
formula as the listed item(s).At any time during the term of this contract, other City departments may be added,
if both parties agree.
11. Permits
All necessary permits required to perform work are to be supplied by the Contractor at no addition cost to the
City.
12. Regulations and Codes
To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations,
Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes.
13. Prompt Payment
Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal
on page 2 of this document. If awarded by the City, period of entitlement begins only after:
a. Receipt of a properly completed invoice
b. Receipt of all supplies, equipment or services ordered
c. Satisfactory completion of all contractual requirements
14. Payments
Contractor is to submit properly completed invoice(s)to:
City of Yakima,Accounts Payable, 129 N. 2nd Street,Yakima,WA 98901.
To insure prompt payment each invoice should cite purchase order number, bid number, description of item
purchased, unit and total price, discount terms and include the Contractor's name and return remittance address.
Payment will be mailed within thirty(30) days of:
a. The receipt and acceptance of the equipment,
b. Properly completed invoice, and
c. All papers required to be delivered with equipment.
15. Acceptance of Terms
Acceptance of a City Purchase Order(PO)for any units affiliated with this purchase constitutes acceptance of, and
agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the
attached specification(s); including all penalties mentioned.
16. Sales Tax
The City of Yakima's Sales Tax rate is currently 8.3%. However, the amount of sales tax will not be considered in
determining which bid is the lowest and best bid.
17. Clarifications and/or Revisions to Specification and Requirements
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or
clarification of the BID document.
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Unless instructions are specifically provided elsewhere in this document, any questions, exceptions, or additions
concerning the subject matter of the BID documents) shall not be considered unless submitted via e-mail (no
phone calls)to the Buyer listed on page 2, a minimum of five (5) business days prior to the submittal due date.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this BID, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All
Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have
registered (per instructions on website)for updates to this BID.
If any requirements of the BID are unacceptable to any prospective Bidder,they may choose not to submit a Bid.
18. Incurring Costs
The City is not liable for any cost incurred by a Bidder in the process of responding to this BID, including but not
limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site
visits or any other activities related to responding to this BID.
19. No Obligation to Contract
This BID does not obligate the City to contract for service(s),or product(s)specified herein. City reserves the right
to cancel or reissue this BID in whole or in part,for any reason prior to the issuance of a Notice of Intent to Award.
The City does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the City
shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".)
20. Retention of Rights
The City retains the right to accept or reject any or all Bids or accept any presented which meet or exceeds these
specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the
low bid.
All Bids become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared
by the Bidder for the Bid to City shall be the exclusive property of City and may be used by the City at its option.
21. Points Not Addressed
Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance
the operation of their units.
22. Materials Bought from Different Supplier
Should the Contractor be unable to or refuse to supply materials, on any given day, against this predetermined
delivery schedule to which the supplier has agreed and the City is forced to do the work with materials bought
from a different supplier,the difference in the Bid price of the materials and that paid the new supplier, in order
to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these products.
Contractor shall not, however, be responsible for delays in delivery if the City determines that a Contractor
invoked Force Majeure applies(see Contract Section 19), provided the Buyer listed on Page 2 is notified in writing
by the Contractor of such pending or actual delay. In the event of any delay,the date of delivery shall be extended
for a period equal to the time lost due to the reason for the delay.
23. Errors and Omissions
The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non-
material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total
price,the unit price shall govern.
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24. Changes
Any proposed change in this contract shall be submitted in writing to the Buyer listed on Page 2 for prior approval.
If approved, she will make the change by a contract modification that will become effective upon execution by
the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically
unauthorized and is not valid.
III. PREPARING AND SUBMITTING A BID
1. General Instructions
Failure to conform to the BID specifications and respond to each of the submittal requirements may be the basis
for rejection of a bid. Refer to Section IV Bidder's Checklist to ensure your Bid is responsive.
2. Submitting a Bid
Bids shall be completely uploaded into Public Purchase.com no later than the date and time listed on Page 2 of
this BID. Late Bids will not be accepted or evaluated. If you try to submit a Bid Late,the electronic system will not
receive it.
If City Hall is closed for business at the time scheduled for opening, for whatever reasons, Bidder's response will
be opened on the next business day of the City, at the originally scheduled hour.
Bidders must submit their bid electronically through PublicPurchase.com where they will be kept in an electronic
lockbox until date and time of opening. To register as a Vendor/Bidder with Public Purchase, go to
www.publicpurchase.com or the City of Yakima website at www.YakimaWA.Gov/Services/Purchasing. The City is
not responsible for late bids due to operator error,electronic malfunction,system errors or interruptions affecting
the Public Purchase site and the processing of any bids. The Purchasing Manager reserves the right to make
exceptions for extenuating circumstances.
Bids are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All
sections of the response shall be made available to the public immediately after contract opening.
3. Prohibition of Bidder Terms&Conditions
A Bidder may not submit the Bidder's own contract terms and conditions in a response to this Invitation to Bid. If
a Bid contains such terms and conditions, the City, at its sole discretion, may determine the Bid to be a
nonresponsive counteroffer, and the Bid may be rejected.
4. Multiple Bids
Multiple Bids from a Bidder will be permissible; however, each Bid must conform fully to the requirements for Bid
submission. Each such Bid must be submitted separately and labeled as Bid #1, Bid #2, etc. on the first page of
their response.
5. Withdrawal of Bids
Bidders may withdraw or supplement their Bid at any time up to the bid closing date and time. If a previously
submitted bid is withdrawn before the bid due date and time, the Bidder may submit another Bid at any time up
to the bid closing date and time. After bid closing date and time, all submitted Bids shall be irrevocable until
contract award.
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IV. BIDDERS CHECKLIST
Bidder must complete and upload,as part of their Bid submittal,all required forms listed below in accordance with Section
III - Preparing and Submitting a Bid.
• Cover Sheet/Signature Page Page 2
• Bid Form Page 14
• Contractor Questionnaire Pages 15-16
V. EVALUATION AND CONTRACT AWARD
1. Bid Evaluation
The evaluation and selection of a Bidder will be based on the information submitted in the Bid. Award will be
made to a responsible Bidder with the lowest responsive Bid. Evaluation of Bids and determination of Bidder
responsibility shall be based on past experience with Bidder, proposed manufacturer's service availability, parts
availability,equipment design and functionalism, effect on productivity, and Bidder's supporting documentation.
2. Offer in Effect for Ninety(90) Days
A Bid may not be modified,withdrawn or canceled by the Bidder fora ninety(90)day period following the deadline
for Bid due date, or receipt of best and final offer, if required, and Bidder so agrees by submittal of a bid.
3. Protest Procedure
Any protest must be made in writing, signed by the protestor, and state that the Bidder is submitting a formal
protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA
98901, or by fax: 509-576-6394 or email to: maria.mavhue@vakimawa.gov. The protest shall clearly state the
specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being
requested. Protests based on specifications/scope of work, or other terms in the BID shall be filed at least five (5)
calendar days before the solicitations due date, and protests based on award or after the award shall be filed no
more than five calendar(5) days after Award Announcement (see below for details).The following steps shall be
taken in an attempt to resolve the protest with the Bidder:
Step I. Purchasing Manager and Division Manager of solicitation try resolving matter with protester. All
available facts will be considered and the Purchasing Manager shall issue a written decision.
Step II. If unresolved, within three (3) business days after receipt of written decision,the protest may be
appealed to the Department Head by the Purchasing Manager.
Step III. If still unresolved, within three (3) business days after receipt of appeal response, the protest
may be appealed to the Executive. The Executive shall make a final determination in writing to the
Protester.
Award Announcement
Purchasing shall announce the successful Bidder via Website,e-mail,fax, regular mail,or by any other appropriate
means. Once the Award is released by Purchasing, the protest time frame begins. The timeframe is not based
upon when the bidder received the information, but rather when the announcement is issued by Purchasing.
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Award Regardless of Protest
When a written protest against making an award is received, the award shall not be made until the matter is
resolved, unless the City determines that one of the following applies:
• The supplies or services to be contracted for are urgently required;
• Delivery or performance will be unduly delayed by failure to make award promptly;
• A prompt award will otherwise be advantageous to the City.
If the award is made, regardless of a protest, the award must be documented in the file, explaining the basis for
the award. Written notice of the decision to proceed shall be sent to the protester and others who may be
concerned.
The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority
in any manner.
4. Sample Contract and Terms and Conditions
The Sample Contract provided with this Bid Specification represents the terms and conditions which the Owner
expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point
exceptions along with proposed alternative or additional language for each point. The Owner may or may not
consider any of the Bidder's suggested revisions. Any changes or amendment to any of the Contract Terms and
Conditions will occur only if the change is in the best interest of the Owner.
VI. SCOPE OF WORK
In consideration of the nature,timing, and Project requirements Unit Price Bid Items include the materials and
associated work described as follows:
1. Bid Item A-Rock
• Obtain rock meeting the project specifications;
• Coordinate and furnish adequate equipment to inspect and sort materials as directed by the City or City
Representatives;
• Stockpile sorted materials at the Bidder's location;
• Hold stockpiles of materials of agreed quantities at the Bidder's location for the duration of the Project;
• Load materials into trucks owned by third-party contractors as required by the City.
2. Bid Item B—Rock Delivered
• Obtain rock meeting the project specifications;
• Coordinate and furnish adequate equipment to inspect and sort materials as directed by the City or City
Representatives;
• Stockpile sorted materials at the Bidder's location;
• Hold stockpiles of materials of agreed quantities at the Bidder's location for the duration of the Project;
• Deliver materials of agreed quantities to the Project location as required by the City.
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3. Bid Item Classification
Bidders are encouraged to provide Unit Prices for Bid Items A and B for the following material classifications.
Items not made available by Bidder can be left blank in the Bid Form.
Table 1: Material Classification and Quantities
Item No. Estimated Quantity Estimated
Description
(cy) Quantity (tons)
1 Rock D100 = 72-in 2,800 5,200
2 Rock D100 = 60-in 9,300 17,300
3 Rock D100= 42-in 7,290 13,600
4 Rock D100 = 30-in 5,110 9,500
5 Boulders 318 (total#of 3,500
boulders)
VII. MATERIAL SPECIFICATIONS
The Project requires the placement of rock ranging in average diameters from 16- to 72-inches. It is anticipated
that the larger rock classifications are unique to this project and may require additional effort and time to obtain
in the magnitude and quantity needed for the project.
A summary of Specification 3123 00 Earthwork as it relates to the large diameter materials required for the project
is provided below.
1. Rock
• Rock shall conform to the reference standard specifications as follows:
o National Cooperative Highway Research Program (NCHRP). 2006.
o Washington State Department of Transportation (WSDOT)Standard Specifications. 2020. Sections 9-
13.1(1) and 9-13.4(2).
• Hard durable, angular to geoid shaped stone free from cracks that may fracture during transport
• Minimum specific gravity of 2.6
• Long to short axis ratio shall be less than 2.5.
• Particle size distribution for each Zone shall be in conformance with the following:
Table 2: Foundation rock gradation
Comp. Nom. D15(in) D50(in) D85(in)
D50 D50 Min Max Min Max Min Max D100
Sub-Region (in) (in) (in) Description
Rock D100—72 In 32-40 36 22 31.5 34 41.5 47 56 72 NCHRP Class IX
Rock D100=60-in 28-32 30 18.5 26 28.5 34.5 39 46 60 NCHRP Class VIII
Rock D100=42-in 23-25 25 14 22 22 28 31 38 42 WSDOT Class C
Rock D100=30-in 16-19 18 10 16 16 22 24 28 30 WSDOT Class B
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2. Weir Boulders
• Hard durable,geoid to columnar shaped stone free from cracks that may fracture during transport
• Minimum specific gravity of 2.6
• Long to short axis ratio shall be 2.0 to 2.5
• Particle size in conformance with the following:
Table 3: Weir boulder particle size
Mass(tons) Approximate Medial Dimensions(inches)
9-15 60-72
Any additional work found necessary that is not specified in this Material Specification shall be listed on a separate
sheet entitled "Additional Materials/Labor Required".
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VIII. BID FORM
INVITATION TO BID NO. 12107
TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE
FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE
PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90) CALENDAR DAYS.
Quote your lowest price for the following:
OPTION 1—Picked up&Loaded
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
1. Rock(D100—72 inch) tons 5,200 $ $
2. Rock(D100—60 inch) tons 17,300 $ $
3, Rock(D100—42 inch) tons 13,600 $ $
4. Rock(D100—30 inch) tons 9,500 $ $
5. Boulders tons 3,500 $ $
Subtotal Schedule A: $
WA State Sales Tax—Destination Based 8.3% $
Total Schedule A: $
OPTION 2—Delivery to Construction Site
Requires Payment of Prevailing Wages to Drivers for Delivery Within WA
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
6. Rock Delivered(D100-72 inch) tons 5,200 $ $
7. Rock Delivered(D100-60 inch) tons 17,300 $ $
8. Rock Delivered(D100-42 inch) tons 13,600 $ $
9. Rock Delivered (D100-30 inch) tons 9,500 $ $
10. Boulders Delivered tons 3,500 $ $
Subtotal Schedule B: $
WA State Sales Tax—Destination Based 8.3%: $
Total Schedule B: $
List Discount Offered Off List Price for Any Other Items Not Specifically Listed: %
Prompt Payment Discount: days
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IX. CONTRACTOR QUESTIONNAIRE
INSTRUCTIONS: Provide the requested information, sign and date. If the Owner requires further description, the Owner
may request Vendor to provide such information within a mandatory due date. You must submit this completed form to
the Owner with your Quote. Failure to submit this form fully complete, may result in disqualification of Proposal.
CONTRACTOR INFORMATION
Contractor's Legal Name:
Company's dba: (if applicable)
CEO/President
Name:
Business Federal
License No. UBI No. EIN No.
Phone ( ) Toll Free Phone (
FAX ( ) E-Mail Address
Mailing Address
City State Zip + 4
Physical Address
City State Zip +4
Name the person to contact for questions concerning this proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Mailing Address
City State Zip +4
Physical Address
City State Zip +4
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CONTRACTOR: CONTRACTOR QUESTIONNAIRE
OWNERSHIP
Is your firm a subsidiary, parent, holding company, or affiliate of another firm? Yes: No:
Please explain:
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X. SAMPLE CONTRACT
AGREEMENT
CITY OF YAKIMA
BID 12107
Nelson Dam Removal Project — Phase I Intake and In-River Improvements
— Materials: Boulders and Rocks per Specification
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. Statement of Work
The minimum services that the Contractor will provide include services described in Bid 12107 specifications. which are attached as
Exhibit A hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the Bid
Form included in the Contractor's Bid submittal at the time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
Materials shall be distributed or delivered as required by the City over the course of the Project from July 1st, 2021 to April 1st, 2023.
Final work schedule shall be coordinated with Project Coordinator David Brown 509-575-6204.
Extensions shall be granted upon mutual written agreement by and between Bidder.
4. 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.
5. Successors and Assigns
a. Neither the City,nor the Contractor,shall assign,transfer,or encumber any rights,duties,or interests accruing from this Contract
without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full
performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered
to the City upon demand.All information concerning the City and said project which is not otherwise a matter of public record or required
by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without
the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the
making of(or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance
of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying
performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities,
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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. Until the expiration of six(6)years after final payment of the compensation payable under this
Contract,or for a longer period if required by law or by the Washington Secretary of State's record retention schedule,Contractor
shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of Contractor's
books,documents, papers and records which are related to the Services performed by Contractor under this Contract.
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/Yakima County 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.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The
City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor
produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to
the City.
9. Guarantee
Contractor warrants the Materials will be free from defects in workmanship for a period of one year following the date of delivery and
acceptance of the Materials.
10. 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 have 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 procure 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 39.06.101 or
36.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the
City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will
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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.
11. Prevailing Wages
(:Refer to WAC 296-127-018.Only required when delivery is to a construction site,not required when delivery is to a stockpile.)
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://fortress.wa.qov/Ini/wagelookup/prvWagelookup.aspx. Based on the bid submittal for this project,the applicable effective(start)
date of this project for the purposes of determining prevailing wages is the bid date,April 2, 2021.
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,gender identity,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.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers,employees,
attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which
result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents.
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
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 19 of 26
50
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. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this
Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A
shall operate with full effect regardless of any provision to the contrary in Title 51 RCW,Washington's Industrial Insurance
Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless
obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and
• specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected
and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this
waiver, Contractor shall similarly 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,shall
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 provisions of this section shall survive the expiration or termination
of this Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any
third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the
City and Contractor from and against any and all claims,damages,losses,and expenses arising out of or resulting from the performance
of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below,as applicable. The City
reserves the right to require higher limits should it deem it necessary in the best interest of the public. •
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein.A copy
of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be
provided to the City, 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.
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 policy 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.
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 20 of 26
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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 policy 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.
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 shall
not contribute to it.
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.
Should a court of competent jurisdiction determine that this Contract 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 Contractor and
the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall
be limited to the extent of the Contractor's negligence.
15. 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.
16. Contract Documents
This Contract, the Invitation to Bid 12107 Scope of Work, conditions, addenda, and modifications and Contractor's Bid submittal (to the
extent consistent with City of Yakima 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.
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 21 of 26
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17. Termination
Termination for Cause: In the event of Contractor's breach of this Contract, the City may terminate the Contract after providing the
Contractor with thirty(30) calendar days written notice of the Contractor's right to cure a failure of the Contractor to perform under the
terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty(60) calendar days' notice of the City's right to cure a failure of
the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason, or upon Contract expiration,each party shall be released from all obligations to the
other party arising after the date of termination or expiration,except for those that by their terms survive such termination or expiration.
The following represents a non-exclusive list of examples of 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; or
Termination for Convenience: Either party may terminate the Contract at any time,without cause, by providing a written notice;the City
by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor providing at least thirty (30) calendar days'
notice to the City in advance of the intended date 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 thirty(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.
This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty
(30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this agreement,or in the event of a notice of default as to whether such
default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall
first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 22 of 26
53
relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties
consent in writing, other available means of dispute resolution may be implemented.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, 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.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
22. 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.
23. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both
responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent
of the original Request for Proposals or in excess of allowable and accepted price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed
amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the
facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and
in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect
services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in
governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties
hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or
unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as
follows:
TO CITY: Bob Harrison, City Manager TO CONTRACTOR:
City of Yakima
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer I
City Hall—First Floor
129 North Second Street
Yakima, WA 98901
12107 Nelson Dam Removal Project—Materials: Boulders&Rocks Page 23 of 26
54
24. Survival
The foregoing sections of this Contract, 2-23 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 [ENTER CONTRACTOR NAME]
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 24 of 26
55
XI. ATTACHMENT A—SAMPLE INSURANCE
-A s "
CERTIFICATE OF LIABILITY INSURANCE °"TE°NIAMOD" "
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER ACT INSURANCE AGENT INFORMATIONNUE, -
INSURANCE AGENT ISSUING CERTIFICATE PHOH‘cNE
FR. I ma-
CAUL
AOtl+F12-
wSURER(s)AFFORDING COVERAOE NAIL i _
INSURERA. A•VIII OR BETTER.ADMITTED CARRIER T
INSURED - -- -- -
INSURER B
Entity Insured Address INSURER C' — -
INSURER D' _____-.._
INSUPERE: _.. — -
INiRF: -IAIE
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: -
THIS IS TO CERTIFY THAT THE POLICIES OF INSJRANCE USTE3 BELOW WAVE BEEN ISSUED TO THE L4SURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOJIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISDiJED OR MAY PERTAIN•THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
mil
AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LT11 J TYPE OF INSURANCE AUX IMP
nein tail POLICY NUMBER POUCY SYDOYEYfY INBALDrrrrn LIYRS
X
COIrEROALOENERALLIAB0.RY EACH OG:JGRENCE ; 2,000,000
DASJe«eeJ
J CLNts-INCH I x c .$ SES a ureee $ 100.000,
'JED ExP.Arr ene omen ..I_5.000
A POLICY NUMBER PERSONAL S AD,RN.I.RY s 1,000,000
[GEHL AGGREGATE LILLT APPLIES PEA. DATE DATE GEAERA.AGGREGATE S 2.000.000 -
P� '. -� nRCOLC-s•CCLIP.CP AGc s 2.000.000
�_JcuCYLXJ.ceT --
I AUrCYDBBE IWUTY --_ OtteiN.E3 SINGLE LAIR 2.000.000
Lam. f
I X ANY AUTO DCVO'AUURY.et seta-. i
A r O.\T.ED j- ESrEOULEc POUCY NUMBER - - - ecaLY:XJRY Per accent s
i _ AUTOS ChLY AUTOS
- x iW Ohtr OA r DATE DATE Dq h.E s -
s
tRINRELLA UM OCOJR EA4.1 O INRENCE i
~ _
' UCH::UAB CI.A.A w- CE AGGREGATE i
7FA RETENTIONS _ - - _
VOOIMERS ATION _.(PEF - .�/ OT "'� -
AND�LOYOtrWBIUTY L`T+''T�_X- LA -
e?p1�. m�R ;Lai EL EK+IACCIDEC s 1,000,000
A oOrna1tLNEs 702r*o�c^ c'E —NM N S A POUCY NUMBER -
nunri" acl$Ors: e„JIM. STOP GAP;EL ONLY DATE DATE EL D aEASE-EAEWLo.E�s 1,000.000 -
PmeimsN co o•ERAT.sr3 bee E L DISEASE•PCUCY L.JAT s 1.000.000 -
I 1 I I
DESCRIPTION Of OPERATIONS,LOCATIONS;34NCLES UCOnD tol AOBIbf W Ilensolo Woad&may to Ittionen R ogle swot N npIRreet
The City of Yakima.its agents.employees,authorized volunteers.elected and appointed officials are included as PrmarylNon-Contributory addit anal insured.
Set attached Add+conal Insured Endorsement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N
City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS.
Purchasr+g Department At/THOU EO REPRESERTAI E
129 N.2no St
Yakima.WA 98901 SIGNATURE
I
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
12107 Nelson Dam Removal Project-Materials:Boulders&Rocks Page 25 of 26
56
POLIO ':U6'EER 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 following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Flame Of Additional Insured Person(s)
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.
nfomtation requirec 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(s) 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"occurring after
caused,in whole or in part,by:
1. Your acts or omissions;or 1. All work, including materials, parts or equip-
ment 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 insured(s) 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 principal
as a part of the same project.
CG 20 10 07 04 : ISO Properties. Inc..2Q04 Page 1 of 1 0
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 26 of 26
57
0
• 129 North 2nd Street • Yakima, Washington • 98901 • (509) 575-6093
April 12, 2021
Dear Sir or Madam:
Subject: Bid 12107 Nelson Dam Removal Project: Water Supply, Riverine Process, and Fish
Passage Improvements—Phase I Intake and In-River Improvements—Materials: Boulders
and Rocks per Specification
Addendum No. 1
This addendum is being issued to clarify available delivery times.
Clarifications:
The Nelson Dam Removal Project is anticipated to begin in August 2021 and shall be completed by April
2023. Delivery of rock to the project site will be dependent upon the overall schedule and phasing of
construction activities occurring during that period. As part of the scope of work identified in Section VI
Scope of Work for Bid Item A and B, the City requires that materials be stockpiled at the quarry or
designated areas in control of the supplier on behalf of the City until delivery is required. A more
detailed schedule identifying delivery periods shall be available in August, after a Prime Contractor has
been selected for the overall project.
Please acknowledge receipt of this addendum on the Cover Sheet, page one (1), of the Quote
document.
If you have any questions please contact me at (509) 576-6696.
Sincerely,
Cum, Picifft-
Christina Payer, Buyer I
City of Yakima Purchasing
M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing
58
C.
• 129 North 2nd Street • Yakima, Washington • 98901 (509) 575-6093
April 14, 2021
Dear Sir or Madam:
Subject: Bid 12107 Nelson Dam Removal Project: Water Supply, Riverine Process, and Fish
Passage Improvements—Phase I Intake and In-River Improvements—Materials: Boulders
and Rocks per Specification
Addendum No. 2
This addendum is being issued to clarify; directions on loading/unloading, delivery/prevailing wage,
contractor's license, and payment terms.
1. Directions on loading/unloading and delivery/prevailing wage:
a. As found in the bid specifications, Section IV, Paragraph 1. Bid Item A — Rock, Bullet 5:
Load materials into trucks owned by third-party contractors as required by the City. And,
b. Part IV, Paragraph 2, Bid Item B - Deliver materials of agreed quantities to the Project
location as required by the City.
• Bidder will load their own vehicles and deliver materials of agreed quantities to the
Project location as required by the City.
• Project location will be an active construction site. Prime Contractor will direct
delivery location, will be available if assistance is needed during unloading, and will
handle all materials after delivery has been made.
• Materials will be delivered to an active constriction site. Prevailing wages will apply.
2. Contractor's License:
This requirement will be removed from the contract, as found on page 18 of the bid
specifications; Item 18 - b.
• Contractor must provide proof of a valid Washington State Contractor Registration
number.
3. Payment Terms:
Payment will be made upon pick-up for Bid Item A and upon delivery for Bid Item B on a unit
cost basis.
a. The city's expectation is that the Bidder will include cost for stockpiling and storage at
the Bidder's location as part of their unit cost bid.
D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing
JJ
Please acknowledge receipt of this addendum on the Cover Sheet, page one (1), of the BID document.
If you have any questions please contact me at (509) 576-6696.
Sincerely,Christina Payer, Buyer I
City of Yakima Purchasing
M(509)575-6093 D(509)576-6696 F(509)576-6394 E christina.payer@yakimawa.gov W www.yakimawa.gov/services/purchasing
60
Exhibit B
(Contractor's Bid Form)
61
VIII. BID FORM
INVITATION TO BID NO. 12107
TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE
FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE
PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90) CALENDAR DAYS.
Quote your lowest price for the following:
OPTION 1—Picked up&Loaded
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
1. Rock(D100—72 inch) tons 5,200 $47.26 $245,752.00
2. Rock(D100—60 inch) tons 17,300 $47.26 $817,598.00
3. Rock(D100-42 inch) tons 13,600 $38.50 $523,600.00
4. Rock(D100-30 inch) tons 9,500 $36.30 $344,850.00
5. Boulders tons 3,500 $48.26 $168,910.00
Subtotal Schedule A: $2,100,710.00
WA State Sales Tax—Destination Based 8.3% $174,358.93
Total Schedule A: $2,275,068.93
OPTION 2—Delivery to Construction Site
Requires Payment of Prevailing Wages to Drivers for Delivery Within WA
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
6. Roc Delivered (D100—72 inch) tons 5,200 $56.76 $295,152.00
7. Rock Delivered (D100—60 inch) tons 17,300 $56.76 $981,948.00
8. Rock Delivered (D100-42 inch) tons 13,600 $48.00 $652,800.00
9. Rock Delivered (D100—30 inch) tons 9,500 $45.80 $435,100.00
10. Boulders Delivered tons 3,500 $57.76 $202,160.00
Subtotal Schedule B: $2,567,160.00
WA State Sales Tax—Destination Based 8.3%: $213,074.28
Total Schedule B: $2,780,234.28
List Discount Offered Off List Price for Any Other Items Not Specifically Listed: %0.00
Prompt Payment Discount: _0.00_%net
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 14 of 26
62
Exhibit B
(Contractor's Bid Form)
63
VIII. BID FORM
INVITATION TO BID NO. 12107
TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE
FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE
PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY (90) CALENDAR DAYS.
Quote your lowest price for the following:
OPTION 1—Picked up&Loaded
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
1. Rock(D100—72 inch) tons 5,200 $ $
2. Rock(D100—60 inch) tons 17,300 $ $ ^
3. Rock(D100—42 inch) tons 13,600 $14.50 $197,200
4. Rock(D100—30 inch) tons 9,500 $14.50 $137,750
5. Boulders tons 3,500 $ $
Subtotal Schedule A: $334,950
WA State Sales Tax—Destination Based 8.3% $27,800.85
Total Schedule A: $362,750.85
OPTION 2—Delivery to Construction Site
Requires Payment of Prevailing Wages to Drivers for Delivery Within WA
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
6. Roc Delivered(D100—72 inch) tons 5,200 $ $
7. Rock Delivered(D100—60 inch) tons 17,300 $ $
8. Rock Delivered(D100—42 inch) tons 13,600 $19.75 $268,600
9. Rock Delivered (D100-30 inch) tons 9,500 $19.75 $187,625
10. Boulders Delivered tons 3,500 $ $
Subtotal Schedule B: $456,225
WA State Sales Tax—Destination Based 8.3%: $37,866.68
Total Schedule B: $494,091.68
List Discount Offered Off List Price for Any Other Items Not Specifically Listed: 20%
Prompt Payment Discount: _0_ %net __0 days
1710/Nelson Dam Removal Project--•Materials:Boulders&Rocks Page 14 of 26
64
Exhibit B
(Contractor's Bid Form)
65
VIII. BID FORM
INVITATION TO BID NO.12107
TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE
FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE
PRICE BID. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90) CALENDAR DAYS.
Quote your lowest price for the following:
OPTION 1-Picked up&Loaded
Item Description Unit Estimated Unit Price Total Price
No. Quantity (without tax)
re
1 Rock(D100-72 inch) tons 5,200 $ 38 e!� $ 1gr7• 660
2. Rock(D100-60 inch) tons 17,300 $ a$ ed $ ygy , Liao—
3. Rock(D100-42 inch) tons 13,600 $ 17 $ ee./31 • 200
4. Rock(D100-30 inch) tons 9,500 $ /S'00 $ 1 qa , S6 O we
5. Boulders tons 3,500 $ 6S a= $ ax7, soo ro
ere
Subtotal Schedule A: St, a83, Jeep
0
WA State Sales Tax-Destination Based 8.3% $ I v6, SOS
Total Schedule A: $ I.3sd°(,7OS
6e
OPTION 2-Delivery to Construction Site
Requires Payment of Prevailing Wages to Drivers for Delivery Within WA
Item Description Unit Estimated Unit Price Total Price
No.
Quantity (without tax)
6. Roc Delivered(D100-72 inch) tons 5,200 $ S-8 4.0
30 (, 600
- —7, Rock Delivered(D100-60 inch) tons 17,300 $ jig
p
O CFI $ 430, yoo "'
are
8. Rock Delivered(D100-42 inch) tons 13,600 $ 3aao $ yam', a00
9. Rock Delivered(D100-30 inch) tons 9,500 $ j0 do
$ cgs 000
10. Boulders Delivered tons 3,500 $ 90 .� $ 115, COO
— - Subtotal Schedule B: $ a j6-7, aoo -
I
44,6
WA State Sales Tax-Destination Based 8.3%: $ lay, v77
$a,347 °
Total Schedule B: 077
Page 14 of 27
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks
66
List Discount Offered Off List Price for Any Other Items Not Specifically Listed: ��% �o �
�-�
,L'l( �e.•i.a �.�. ,4 Prompt Payment Discount: l/D %net .SC)days
12107 Nelson Dam Removal Project—Materials:Boulders&Rocks Page 15 of 27