HomeMy WebLinkAboutLeslie & Campbell, Inc. - Agreement City of Yakima Invitation to Quote #22302SAGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE #22302S
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Leslie & Campbell, Inc, ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Scope of Work
The Contractor shall perform all work and service(s) and fumish all tools, materials, labor and equipment (collectively
referred to as "Services") according to the procedure outlined in the specifications of Quote #22302S titled YPD Roof
Replacement, East Side Flat Roof and the quote documents, which are all attached and incorporated herein as Exhibit
A, and any applicable construction standard(s), which are by this reference incorporated herein and made a part hereof,
and shall perform any alterations in or additions to the work provided under this Contract and every part thereof.
Work is estimated to be complete by April 30, 2023. Final work schedule shall be coordinated with Project Coordinator
Martin Cueva-Ramirez, Building Superintendent, (509) 728-6289.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be fumished by the City of Yakima.
2. Compensation
The CO agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the
time and in the manner and upon the conditions provided for the Contract.
3. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on behalf, of City.
4. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests
accruing from this Contract without the prior wntten consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
5. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information conceming the City and said project which is not
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
6. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval
of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve
Contractor of responsibility for performance of the Services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the
ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the City. Contractor's records relating to the Services will be
provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested by the City.
c. All records relating to Contractor's services under this Contract must be made available to the City, and
the records relating to the Services are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All
records relating to Contractor's services under this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary of State's records retention
schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
7. Work Made for Hire
All work the Contractor perforrns under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
8. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any govemmental agency or regulatory body,
whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits,
licenses and approvals of any federal, state, and local govemment or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work,
a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number, as required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense, without regard to whether such corporation
is actually awarded the contract, and in the event that the award is made, prior to conducting any business
in the City.
10. Prevailing Wages
The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work.
a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine
the appropriate prevailing wage rate for the services being provided.
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://ini imaiovilIcensing-permits/publie-works-projectsiprevailing-wage-rates.
Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of
determining prevailing wages is the quote date, January 18, 2023.
11. Certified Payroll for Non -Federally Funded Projects
Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee
information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for
public records requests.
The City reserves the nght to require Contractor to deliver to City a copy of the non redacted Certified Payroll if City
determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to
comply with any applicable law.
RCW 42.56,230 (7)(a) Personal Information Exemption: Any record used to prove identity, age, residential address,
social security number, or other personal information required to apply for a driver's license or identicard.
RCW 39.12.010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor,
an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of
employment are affected by this chapter, and the director of labor and industries or the directors designee.
WAC 296-127-320 Payroll.
(1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works
project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation,
straight time rate, hourly rate of usual benefits as defined by WAC 296127.014(1), and overtime hours worked each
day and week, including any employee authorizations executed pursuant to WAC 296.127 022, and the actual rate of
wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works
project.
(2)AContractor shall, within ten days after hreceives a written request, from the department mfrom any interested
party asUefiOed by RCW 0(4).file acertified copy of the payroll records with the agency that awarded the
public works contract and with the department,
(3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39A 2-A50.
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,nodomal origin,
sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCVV
chapter 49.80)nrthe Americans with Disabilities Act W2U8C12101atseql
This provision shall include but not Uelimited huthe following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
VfServices under this Agreement,
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
m|eo, regulations, or orders, this Contract may be cancelled, 0enninated, or suspended in whole or in pad and the
Contractor may bedeclared ineligible for any future City contracts.
13. Pox Transparency Nondiscrimination Provision
The Contractor will not discharge Urinany other manner discriminate against employees or applicants because they
have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However,
employees who have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise
have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b)
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,�
or(u) consistent with the contractors legal duty tofurnish infbnnaUon.
14. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions inperforming the Services boprevent injury toporsonoor
property. The Contractor agrees to re|easa, indamnify, defend, and hold harmless the City, its elected
and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers
from all liabilities, |0omms, damages, and expenses related to all o|o|ms, uuita, odbdndinn actions,
investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractors agent or
subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence.
b, If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions ofboth the Contractor and the City, ortheir elected nrappointed officials, officers,
emp|oyans, agmnbm, attorneys urvolunteers, pursuant tnthis Contnact, each party shall be liable for its
proportionate share ofnegligence for any resulting suit, 'VdQmoOt, aodon, doim, damond, damages or
costs and expenses, including reasonable aftomeys'feoa.
c Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in
any way by any limitation on the amount of damages, compensation or benefits payable to or by any third
party under workers' compensation acts, disability benefit acts nrany other benefits acts or programs,
Contractor shall require that its oubonntnantora, and anyone directly or indirectly employed or hired by
Contnactor, and anyone for whose acts Contractor may beliable in connection with its performance of
this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractors liability,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this section shall survive any expiration or termination of this Contract.
15. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.
Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The
City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor
will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein.
A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate
of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense
costs, or other payments made by Contractor's insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall
be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed
officials, employees, agents, attomeys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The certificate of insurance and additional insured endorsement shall name the
City of Yakima, its elected and appointed officials, employees, agents, attomeys 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 priorwritten notice. The insurance shall be with an insurance company or
companies rated A,V|| or higher in Guido and admitted in the State of Washington. The
requirements contained herein, as well asCity UfYokima'o'review nracceptance cfinsurance maintained
UyContractor |a not intended to and shall not in any manner limit o,qualify the liabilities urobligations
assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract i8fully executed bxthe parties, Contractor shall provide the City with certificate of
insurance as proof Ofautomobile |i8bi|Ux insurance with a minimum |/abi|hv |i0K of Two Million Dollars
($2,0OO.000.00)per occurrence. |fContractor carries higher uoverago|imha.nuch|imitnVhoUbenhmwn
on the Certificate nfInsurance and Endorsements and the City, its elected and appointed offioia|o.
employees, agents, allorneys 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 he in effect for the duration of this
Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima,
its /elected and appointed officials, 'employees, agents, attorneys and volunteers as additional insureds,
and shall contain oclause that the insurer willnot cancel nrchange the insurance without firot giving the
City prior written notice, The insurance shall he with 8ninsurance company orcompanies rated A-V||or
higher in Bent's Guide and admitted in the State of Washington. The requirements contained herein, as
' well as City of Yakima's review o ; r acceptance of insurance maintained by Contractor is not intended1o
and .shall not |nany manner limit orqualify the liabilities orobligations assumed byContractor under this
contract, The business auto liability shall include Hired and Non -Owned coverage if necessary.
c. Employer's Liability (Stop Gmo)
CnntmctorandoUOu s)nhaUotaUtimes comply with all applicable workers' compensation,
ational health and
aws, statutes, and regulations to the full extent
~applicable,occupational
and shall -~'i 'in safety insurance_with alimit /ofnnless /than
$0OO.0OOI0. The City shall not beheld responsibleinany way for claims filed
-- 6«Contractor orits
employees for services performed under the terms ofthis Contract, Contractor agrees bnassume full
liability for allclaims arising from this Contract `including claims resulting from negligent acts ofa|\
_ Sbco Subcontractor(s)_ have insurance as
needed. Failure of - bAt0comply with insurance requirements .does not limit Contractors
liability or responsibility.
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this Contract are declared severable.
17. Contract Documents
18. Termination
Temninabon for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such
event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach
wiithin 30 days of this notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such
event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract
within 0Odays nfthis notice.
The following represents a non-exclusive, U|uutrnUvo list of instances that shall be considered a breach by the
C0nbactur.
o. Defaults onmnobligation underUleCnOboct;
b. Fails boperform any material obligation required under the Contract;
o. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal
onUh/�
..
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a leg ally-i m posed,
30-daynoUom;
'
a Makes an assignment for the benefit (fcreditors;
[ Fails tofollow the sales and use tax certification requirements of the State of
g. Incurs adelinquent Washington tax liability;
h. Becomes mState mFederally debarred Contractor;
^
i Isexcluded from federal procurement and non -procurement Contracts;
'j. Fails tomaintain and keep inforce all required insurance, permits and licenses am provided in
the Contract;
k. Fails homaintain the confidentiality ofthe City infunnoUonthat isconsidered to Confidential
|nhnnVod0n.proprietary, orcontaining Personally Identifiable Information;
|. Contractor performance threatens the health or safety of a City, County or municipal employee.
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed
under the Contract. The Contractor shall also be compensated for partially completed services. In this exnnt,
compensation for such partially completed services shall be no more than the percentage of completion of the services
requested, at the sole discretion of the City, multiplied by the corresponding payment for completion ofsuch services
as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the
actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or
implemented, such refund to be paid within 30 days of written nofice to the Contractor requesting the refund.
In addition to the above termination provisions, if the funds upon which the City relied to establish this � Contract
withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate
this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective
on the date specified in the notice of termination.
19\ Prime Contractor
Contractor isthe Prime Contractor hereunder. The Prime Contractor shall bethe sole point of contact with regard bo
all contractual matters arising hereunder, including the performance of work and the payment of any and all charges
20. Removal of Subcontractor
If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may
request inwriting that the subcontractor b*`removed. 'The Contractor shall comply with this request ,;t,once and shall
not employ the subcontractor for any further workiservices under this Contract.
21. Taxes and Assessments
Contractor shall besolely responsible for and shall pay all taxes, deductions. and assessments, including but not limited
to federal income tax. F|CA, social security tax, assessments for unemployment and industrial injury innuoance, and
other deductions from income which may be required by law or assessed against either party as a result of this Contract.
|nthe event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before
itbecomes due.
22. Waiver of Breach
AwmixerbveitherpadYheretoofabrnachoftheothorp-- hereto ofany covenant prcomUiUon(fthis Con�oo shall
d not impairright ofdhepndxnotind�� default to � |ibxaofanyauboeluontbmanhMh Leniency, delay nrfailure
ofeither party 1ninsist upon strict performance of any agreement, covenant orcondition ofthis Contract, orhoexercise
any right herein given inany one urmore instances, shall not Aaconstrued aomwaiver orrelinquishment ofany such
agreement, covenant, condition or right,
23. FwrceMmeunm
~
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics,war, dot, delay |n
transportation nrrailcar transport shortages, provided Contractor notifies the City immediately inwriting oYsuch pending
oractual delay. Normally, inthe event or any such delays(acts orGod, etc]the date nfdelivery will heextended for
a period equal to the time lost due to the reason for delay.
24'Governing Law
This Contract shallbegnvemodbvand construed -- in accordance
' with 'the laws of the State
of
25. Venue
The venue for any action to enforce or interpret this Contract shall lie in o uomue�rk juhsd�8on�Yakima Cmu�y.
Washington. -- '
26. AuthorityThe person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized
'
by Contractor to execute
this Contract nmits behalf and mlegally bind Contractor {oall the tenns.poffonnnanmes unU-
provisions of this Contract
2[ Change or Notice
Any alterations, including charges to the nature of the service, made to the Contract shall be rendered |nwriting and
signed by both responsible parties; nnchanges without such signed documentation uhoU be valid. No alterations
outside ofthe general scope and intent nfthe originalRmUuest for Proposals orinexcess ofallowable andaccepted
price changes shall be made.
In no event shall the Contractor bepaid mbe entitled to payment for services that are not authorized herein or any
properly executed amendment,
Notice of Business Changes: Contractor shall notify the'City iwriting within three B\business days of any change in
ownership n/the facilities mthe Contractor orcvthe facilities ^ovany subcontractor. The Contractor shall notify the City
'
in writingoasoon as possible, and in no event later than three (3) business days, after any decision by the Contractor
hochange ordiscontinue service that will affect services provided hothe City under this Contract,
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with
the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related
to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY: City of Yakima Purchasing
Linda Kuntz, Purch. Asst.
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Leslie & Campbell, Inc.
Attn: Dan Leslie
506 Lower Ahtanum Rd.
Yakima, WA 98903
28. Survival
The foregoing sections of this Contract, 1-28 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written,
City Manager
Date:
A
City
CITY CONTRACT NO'
RESOLUTION NO,
LESLIE & CAMPBELL, INC.
By:
.02 - 2-3
Date:
24.
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(Print name)
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CITY OF YAKIMA LIMITED PUBLIC WORKS
INVITATION TO QUOTE #22302S
FOR NON -FEDERALLY FUNDED WORK BETWEEN $10,000-35,000
PROJECT NAME: YPDRoof Replacement, East Side Flat Roof CITY PROJECT COORDINATOR NAMc/NVKxo8l:
LOCATION: I0VS.Third 5t,Yakima, VVA 98901 Martin [ueva Ramirez' (509) 728'6288
ISSUE DATE: January l8'ZU2J RETURN QUOTES TO: Iind
oVsoATE/T|xAE: February 1'ZO23atZPPWPST
P0TE�FORM
Small Works Roster Project
Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote.
Prevailing Wage
This project isconsidered Public Work and shall becompleted inaccordance with3lU4K[VV This ism PrevailingWaxe oroject.
Intent to Pay Prevailing Wages, and Affidavit ofPrevailing Wages paid must be filed by both the General Contractor and any
Subcontractors working on the project, at Contractor's expense, and posted as approved by Labor and industries (L&I) prior to
payment. See attached contract for further details. '
Certificate nfInsurance
Please contact your insurance companyand have them send us a Certificate of Insurance naming the "City of Yakima, its Agents,
Emp|oyeesandE|ectedurAppnintedOfficia|sasAddiduno||nsued^pertheattachedsump|e,whhtbosume|imbsofcoverage.
The Certificate needs tobeaddressed as shown and include wnattached Additional |*sore�Endorsement, oritviUbereturned
to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of
Insurance with Additional Insured endorsement. See attached contract for further details.
Site Visit
An onsite meeting will convene on Wednesday, January 25, 2023 at 10:00 a.m. at Yakima Police Department, located at 200 S.
3mSt,Yakima, WA, 98901. The site meeting is not mandatory; however, interested par -ties are strongly urged to attend.
Coordination of Work
Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be
accomplished- Work shall be completed as agreed upon in the resulting contract.
Work Hours and Schedule
Work mbocompleted M-F, 8:00o.m. toS.00p.m,excluding legal holidays.
Scope nfWork for roof replacement:
1. Remove existing coping/edge metal and dispose of.
I. Remove tile roofing as necessary so proper new roofing tie in seal can take place.
3 Clean existing roof surface as necessary in preparation of new roof system.
4. Directly over existing roof surface install A" high density cover board attached with insulation adhesive.
S. overlay cover board with self -adhering 6Omil. TPOmembrane,
6 Flash perimeter walls with fully adhered TPO membrane.
7. Flash all curbs, vents, pipes, drains and other misc. protrusions as necessary.
8. Tie into tile roof system, as necessary for a watertight seal.
9. Reinstall tile roofing back tooriginal state.
10. Install new pna'Mnishedcopins/edge metal replacing existing.
11. Manufacturer's 20 yr. no dollar limit warranty is included.
City of Yakima Limited Public Works — Invitation to Quote
Page zof 20
QUOTE FORM,
� Number mYDays xoComplete Work: 14Cm,nnems:
Quote bFirm for Days (Minimum of]0Days)
Guarantee: Minimum o{one (1)year onwork. Warranty: Minimum of years unmaterials,
Permit Required: Yes �n,NoE]
�
Delivery Terms:
All materials are tn be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must, be included in the lump sum total. No additional charges for shipping or handling will be allowed.
�
�
.
Lump Sum (P,e-Tax:
$
In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any
collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other
person orfirm tosubmit ornot to submit a Quote; that this Quote has been independently arrived atwithout collusion with any
other Bidder, competitor orpotential competitor; that this Quote has not been knowingly disclosed prior tothe opening ofQuote
tnany other Bidder u,competitor; that the above statement ioaccurate under penalty ufperjury.
We will comply with all terms, conditions and specifications required by the City of Yakima in this invitation to Quote and all terms
of our Quote.
Company Name
Company Address
Name cfAuthorized Company Representative (Type orPrint)
Signature of Above
Email Address
WMBE/DBE Vendor Certification Number (if applicable)
Phone Number
F� I hereby acknowledge receiving Addendum (a)
(Use asmany spaces auaddenda receivpdJ
City of Yakima Limited Public Works — Invitation to Quote Page 2 of 20
CITY OF YAN]&NA LIMITED PUBLIC WORKS
INVITATION TO QUOTE #22237S
1. GENERALISPECIAL INSTRUCTIONS
A. Additional Work
Any additional work found necessary that |snot specified inthe shall belisted unaseparate
sheet entitled "Additional Materials/Labor Required^.
B. Estimated Quantities
Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis
for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual
amount of work will correspond to the estimated quantities. Bidder is respqnsiblefor verification of
square footage and units of measure, which are to be provided with Quote, submittal.
C. Qualified Quotes
The General and Special Instructions included in this quote document and in the resulting contract will
govern the performance of the vvork. No other terms and conditions will be accepted. Quotes that are
conditioned in any way, or Quotes that take exception in any way to the City ofYak|rna's General and
Special Terms and Conditions, may result in the Quote being considered non -responsive.
D. Proprietary Material Submitted
Any information contained inthe bid submitted that isproprietary must beclearly designated. Marking
the entire bid as proprietary will be neither accepted nor honored. if request is made to view a
Contractor's bid, the City ofYakima will comply according tothe Open Public Records Act, Chapter4Z.5G
R[VV. If any information is marked as proprietary in the proposal, such information will not be made
available until the affected bidder has been given an opportunity to seek a court injunction against the
requested disclosure.
E. Award of Quote
The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or
exceed these specifications, and which would be in the best interest of the City and will not necessarily
bebound toaccept the low quote.
F. Business License and Permits
All bidders shall have m valid and current business license issued by the State of WA Department of
Revenue, Business Licensing Service covering this type of work. It will be the Contractor's responsibility to
procure any licenses orpermits required, tocomplete the project. The Contractor isresponsible for all
traffic control and barricades, if applicable. You can contact the Codes Department at (509) 575-6121 or
(509) 575'6126 or visit the Codes m/ebsite at: bttA�:a&8na des/ for
information.
G. Background Checks ' Special Conditions for Yakima Police Department (YPD)FacilMies
All Contractors, employees, and Subcontractors who will be working on site must participate in a
Washington State and National fingerprint and background check process in order to work in YPD facilities.
This process must be completed no less than five (5) days prior to start of work. Contractors must also
complete a CJ|5Security Awareness training every two (2) years and sign a Criminal Justice information
Services ([]0) Security Addendum. Washington State Patrol (VVSP) also requires that all employees
working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with
Contractor to ensure compliance. Failure to undergo this process may result in loss ofcontract. If any
City of Yakima Limited Public Works — Invitation to Quote Page 3 of 20
person does not pass the background check, they must bereplaced and will not beallowed onsite. There
may be few instances where a Contractor may be supervised directly by the Facilities Manager and this
requirement may bewaived onocuse^by'camebasis.
N. 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 bemade inthese specifications.
0. Workmanship
Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent
with industry standards for the performance of construction and services of a similar nature. The
Contractor warrants to the City that materials and equipment furnished will be of good quality and new,
that the work will be free from defects, will be fully compatible with the existing materials and equipment
and that the work will conform toall requirements. Work not conforming tothese requirements, including
substitutions (if allowed) not properly approved and authorized, may be considered defective.
The Contractor shall comply with recognized workmanship quality standards within the industry as
applicable to each unit of work. All references to standards whether for materials, processes, assemblies,
workmanship, performance, or.similar purpose shall mean, unless otherwise noted, the most recent
available published version nfsuch standard. When hefe,emreismadetostandamds,thestandardsareto
be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a
requirement that each category oftrades person urinstaller performing the work bequalified, tothe
extent of being familiar with applicable and recognized quality standards for that category of work, and
being capable of workmanship complying with those standards.
J. New and Unused
.'. All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in
current production. All materials shall have physical and chemical properties to withstand the intended
service. Equipment design shall have sufficient excess capacity for durability and safety.
K. Equal/Approved Equal
These specifications are intended to be precise where a specific make, model or trade name is requested.
Whenever omake, model ortrade name isused, 1tshall bethat orequal, .orapproved equal. Equal or
approved equal means that the make, model ortrade name will begiven consideration ifthey fulfill the
same performance requirements. TheCityresenxesth*MQhttomakethedecisiononacceptabi|ity.Each
bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any
equipment proposed as an equal to that herein specified must be substantiated with supporting data to
justify such request for substitution.
~ ,
L. Hazardous Materials - -
Ifasbestos orother hazardous materials are discovered during performanceofwork under this project,
Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution
Control auwell auany change incost may beexecuted byPurchasing.
M.NoQisturbammm
The Contractor shall not disturb 'grounds u,materials outside the sphere of the contracted project.
y4'-Protection ofUtilities
The Contractor shall protect from damage public and private utilities encountered during the work. Prior
to beginning work, the Contractor shall Ak/e proper notification as required by RC\N 19.1I2]]30to the
City ofYakima Limited Public Works—|nvitationmQuote Page 4 of 20
agencies that have utilities in place, and shall cooperate with these agencies in the protection and
relocation of underground utilities, facilities and structures. The number to call is #811.
0. Waste Materials
All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off
the City's property,at the Contractor's expense. The Contractor must immediately clean up any spilled
material from streets, roads, etc. Storage ofdebris onsite isnot allowed.
P. Repair mrReplacement
The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring,
landscaping, fencing, paved areas, top soil, turf, urother miscellaneous items within oradjacent tn the
project area. This includes complete replacement of items that are beyond repair as determined by the
Should adjacent property bedamaged in any manner, Contractor shall immediately contact the Project
Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, pnoperty, streets,
and sidewalks by construction operations as directed by the City and at no cost to the City.
Q. Final Inspection and Acceptance
When the Contractor considers the work physically complete and ready for final inspection, the
Contractor shall request the Cit/s Project Coordinator to inspect the work. The City will notify the
Contractor wfany deficiencies in the work after inspection. The Contractor shall immediately take such
corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued
vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This
process will continue until the City is satisfied the listed deficiencies have been corrected.
If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written
notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps
are necessary tocorrect those deficiencies pursuant.
The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City
for payment and turned in all required submittals after the final inspection and acceptance has occurred.
R. Payments
Upon final inspection and acceptance of the work by the [ity, the Contractor is to submit properly
completed invoice(s) to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901.
To insure prompt payment each invoice should cite Quote number, purchase order number, discount
terms and include the Contractor's name and return remittance address. in addition, the invoice shall
include quote item description, quantity, unit price, total price, location of work and date work completed.
Payment will be mailed within thirty (30) days of acceptance of the completed project, post -work
submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be
itemized to reflect hours worked and material costs.
S. Retainage(Must bewithheld ot2O% in order to waive performancelpaymentbonds)
The City ofYakima shall have the right to withhold ten percent (10%) of the amount of any invoice
submitted hothe City ofYakima bythe Contractor for labor, supervision, and materials furnished bythe
Contractor uptothe time ofcompletion and acceptance ofjob.
City of Yakima Limited Public Works — Invitation to Quote Page 5 of 20
Each invoice submitted by the Contractor shall include two separate line items. The first line item is to
reflect the total price of the job being invoiced, less ten percent (10%) retainage. The second line item will
reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City
of Yakima's acceptance of completed work and verification of Prevailing age filings with Labor and
Industries.
City of Yakima Limited Public Works - Invitation to Quote Page 6 of 20
BIDDER RESPONSIBILITY FO
(To be submitted with Quote Form)
Bidder Responsibility Criteria:
|ththe intent ofCity toaward ocontract tothe low responsible bidder. Before award, the bidder must meet
the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required
by the City to submit documentation demonstrating compliance with the criteria. The bidder must:
1 Have a current certificate of registration as Contractor in compliance with chapter 18.27 RCVV, which
must have been ioeffect atthe time mfquote submittal;
Contractor
Effective Date,
Expiration Date:
2. Have a current Washington Unified Business WendGer(UBU number;
U8|#: `
_
3. If applicable:
.. a. Have Industrial insurance (workers' compensation) coverage for the bidder's employees working in
Washington, as required in Title 51 R[VV
Is account current? — (Yes/No)
b. Have oWashington Employment SecurityDepartmen1number,asrequiredinTitleSORCVV
c Have a Washington Department of Revenue state excise tax registration number, as required in
#
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3).
|nContractor disqualified? ^(Yes/No)
5. Until December 31'JO13,not have violated more than one time the off-uhe, prefabricated, non-standard,
project specific items reporting requirements ofR[VV39.O4.37O.
Does Contractor have violations? . . (Yes/No)
G. For public works projects subject to the apprenticeship utilization requirements nfRCVV 39J�4.3I0not
have been found out nfcompliance by the Washington state apprenticeship and training council for
working apprentices out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter49.O4 RCVV for the one-year
period immediately preceding the first date ofadvertising for the project.
Is Contractor in compliance? _ , (Yes/No)
7. Per R[VV39D43S0and R[VV39l}G.03O has the Contractor had Labor and industries Training mrare they
exempt? Training Complete O Exempt
City of Yakima Limited Public Works — Invitation to Quote Page 7 of 20
Subcontractor Responsibility
]' The Contractor shall include the language of this section in each of its first tier subcontracts, and shall
require each ofits Subcontractors hoinclude substantially the same language ofthis section ineach oftheir
subcontracts' adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply tnall Subcontractors regardless oftier.
2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors
meets the following bidder responsibility criteria:
a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have
been ineffect atthe time ofsubcontract quote submittal;
b. Have acurrent Washington Unified Business Identifier number (UB|);
3. Ifapplicable, have:
a. Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working
inWashington asrequired |nTitle S1NCVV
b. A Washington Employment Security Department number as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number as required in Title 82
RCVV
' b. An electrical Contractor license, if required by Chapter 19.28 0CVV;
` c. Anelevator Contractor license, ifrequired byChapter 70.O7RCVV.
4. Has Contractor been disqualified from bidding on any pudic works contract under RCVV39.06.O1Dor
5. Until December ]l,2O1lnot have violated more than onetime the off-sba prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
6. For public wwdm projects subject to the apprenticeship utilization requirements of RCVV 39.04.3I0not
have been found out of compliance by the Washington state apprenticeship and training council for
working apprentices out of rotio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 4A.84 RCVV for the one-year
period immediately preceding the first date ofadvertising for the project.
7. Per RCVV 39.04.350 and R[VV3S.06IQ0, has the Subcontractor had Labor and Industries Training or are
City of Yakima Limited Public Works — Invitation to Quote Page 8 of 20
Certification QfCompliance with Wage Payment Statutes
— besubmitted with Quote Form)�
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date ( __ -_ _~__), that the bidder is not u 'willful" violator, as defined in RCVV49.48.O8Z' of any
provision
—fchapters 49.46' 49.48. o,49'5I RCVV, as determined by final and binding citation and notice of
assessment issued by the Department nfLabor and Industries or through a civil judgment entered by court
oflimited urgeneral jurisdiction.
| certify under penalty ofperjury under the laws of the State of Washington that the foregoing is true and
correct.
Bidder
Signature of Authorized Official*
Printed Name
Tide
City State
Check One:
Individual O Partnership [] Joint Venture [] Corporation []
State of Incorporation, or if not a corporation, State where business entity was formed:
if a co -partnership, give firm name under which business is transacted:
"0'mconvnnado"^p,opos�,nustbeexecuted /nthe corporate name bythe p,es��entorv�e'pnsi/�,/�vany
o�hercorporate officer accompanied byevidence uyauthority uosimn/0'oco-portneohip,proposal Must be
executed byopartner.
City of Yakima Limited Public Works — Invitation to Quote Page 9 of 20
AGREEMENT
CITY OF YAKIMA INVITATION TO QUOTE #22302S
THIS AGREEMENT, entered into onthe date of last execution, between 'the City ofYakima, oWashington municipal corporation
("City"), and '� ,
__-_— � �
WITNESSETH: The parties, in consideration of the terms and conditions herein, duhereby covenant and agree as follows:
1. Scope ofWork '
The Contractor shall perform all work and and furnish all tools, materials, labor and equipment (collectively referred to as
"Services") according to the procedure outlined in the specificationsof Quote #22302S titled YPD Roof Replacement (East Side)
and the quote dmcumoNs, which are all attached and incorporated herein on Exhibit A, and any applicable cnnabmoUnn standau1(s)`
which are bythis reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
Work is estimated to be complete by April 15.2023.Final work schedule shall becoordinated with Project Coordinator Martin Cueva-
Ra0imo.8uUdingSupehntondmnt.(509)72O-6289
The Contractor shall provide and bear the expense cf all equipment; wmMkand|aborcfonyuurtwhatsooverthatnnayborequiredhx
the transfer ofmaterials and completing the work provided for inthis Contract and every part thereof, except such muare mentioned
inthe specifications tobmfumishedbvUheCity of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit 8.attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule Vfitemized prices aolisted inthe Contractors Quote submittal odthe time and inthe manner
and upon the conditions provided for the Contract,
3. Agency Relationship between City and Contractor
Contractor shall, at all times, Ueon independent Contractor and not anagent 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. |nnoevent shall
Contractor be authorized to enter into any agreement or undertaking for, or on behalf, of City.
4, Successors and Assigns
o. 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
bothehd|oohbmnonoacfoUtheoovenantsheminoontminodoponthwpartnftheCuntryctor.
5. Property Rights
All records mpapers of any sort relating to the City and tothe project will atall times bethe property of the City and shall be
surrendered hothe City upon demand. All information concerning the City and said project wh|chiumdothenwisaamatturnfpubliu
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 nfthe City.
6. Inspection and Production nyRecords
u. The records relating to the Services shall, at all times, be subject to inspection by and with the approval ofthe City, but
the making oY(or failure or delay in making) such inspection or approval mho|| not relieve Contractor ufresponsibility
for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non -complying performance, its substantiality orthe ease ofits discovery. Contractor shall provide the City sufficient,
safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to
the Services will boprovided 0nthe City upon the Ci1y'srequest.
City of Yakima Limited Public Works — Invitation to Quote Page 10 of 20
b. Contractor shall promptly fumish the City with such information and records which are related to the Services of this
Contract as may be requested by the City.
c. All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the
Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractors services
under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
7. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City.
The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the
Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver
these materials to the City.
B. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date
of completion and acceptance of the Services.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws,
rules, and regulations adopted or promulgated by any govemmental agency or regulatory body, whether federal, state, local, or
otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal, state,
and local govemment or govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental
to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all
charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must
have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010
or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
f. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in
the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such
corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima
at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event
that the award is made, prior to conducting any business in the City.
in. Prevailing Wages
The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work.
a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the
appropriate prevailing wage rate for the services being provided.
City of Yakima Limited Public Works — Invitation to Quote Page 11 of 20
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 nnaccount, dmust receive ostatement of Intent toPay Prevailing Wages approved by
the Department of Labor and Industries. Following final acceptance of public work project, and before any final
money is disbursed, each Contractor and Subcontractor must submit to the awarding agency on Affidavit of Wages
Paid, certified bythe Department ofLabor and Industries.
c RCW 39.12.07-Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Departmentof
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 inYakima County, may bm
found at the following websiteaddress of the Department of Labor and Industries:
hftQo/8niwa4ow|�c8nsinq-m�gmits/pubUC+vorKs-p j Uinq'�uqm'rates.
Based onthe quote submittal for this project, the applicable effective (abod) date ofthis project fbrMhapuqxoseaofdetennining
prevailing wages isthe quote date, January 18.2O23.
n. Certified Payroll for Non -Federally Fundmd Projects
Upon request bvthe City VrbvmnInterested Party, copiesofuortfiedpayroll shall beprovided hJCity, with employee information
such as last name, SSN and address, redacted in accordance with RCW 42,56,230, inorder toprovide for public records requests.
The City reserves -the righthnnoquineContractorb>de||VerhoCitymcopyofV)enon-mdaotedCedihedPaym||ifQb/da0nnn|neo.in
its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable
RCkk425K230/7ka)Personal Information Any record used bJprove identity, age, residential address, social security
number, or other personal information required to apply for a drivers license or identicard.
RCKK39.Y20/UWLAn'Interested Party' fbr\bapuqpnoaoufthisohapteruhoUinc|udeuContnontor.Suboontractor.anemp(oyeeof
a Contractor or Subcontractor, an organization whose members'wages, benefits, and conditions of employment are affected by this
chapter, and the director oflabor and industries nrthe directors designee.
WAC 296-/27-320Favroft.,
(1)Each Contractor shall keep accurate payroll records for three years from the date ufacceptance ofthe public works project by
the contract awarding agency, showing the name, address, Social Securiity number, trade or occupation, straight time rate, hourly
rate of usual benefits as defined by WAC T,"- 127-01 4(l), and overtime hours worked each day and week, including any employee
authorizations executed pursuant boVVAC29b-21-022.and the actual rate ofwages paid, for each laborer, worker, and mechanic
employed bythe Contractor for work performed onapublic works project.
(2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined
byRCVV3lt2,8� 0/4\,file a certified copy of the payroll records with the agency that awarded the public works contract and with the
department.
/3\AContnadmr'Snoncompliance with this section shall constitute aviolation ofRCVV3S.12`851
12. Nondiscrimination
During the performance of this Contract, the Contractor agrees asfollows:
The Contractor shall not discriminate against any person on the grounds ofrace, oneed, oolor, religion, national ii. sox, age.
marital status, sexua|ohonUation.pmgnancy,vmW^mn'sotatum.pm|itica|affi|iaUonorba|ief,urUhepn*uenceofanyoenmory.monto|or
physical handicap in xio|nUmn of the Washington State Law Against Discrimination (RCVVchapter 4S.OU) or the Americans with
Disabilities Act (42USC121O1edneq.).
This provision shall include but not belimited tothe following: employment, upgrading, demotion, transfer, recruitment, advertising.
layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this
Agreement.
City of Yakima Limited Public Works — Invitation to Quote Page 12 of 20
In the event of the Contractor's noncompliance with the non-d iscrim|nation clause of this contract mwith any such rules,
ororders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible
for any future City contracts.
13. Pay Transparency Nondiscrimination Provision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired
about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to
the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of
other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure
is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information.
14. Indemnification and Hold Harmless -
m. Contractor shall take all necessary precautions in performing the Services to prevent injuryhopommnoorpmperty. The
Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers,
emp|Vyeeu, agonbs, epo*uontaUxes, inounars, aMomeys, and volunteers from all liabilities, |oaseo, dumagna, and
expenses no|u0ud to all u|aimn, muU3, arbitration actions, invustigoUono, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures toact errors oromissions ofthe
Conhoctnr.oronyCunt/actu/sagentoroubmuntnactor.|nperfonnanmaofthiuAonoemert.excepthuro|aimuoausedby
the Cib/msole negligence,
b If any suit, judgment, action, claim mdemand arises out of, moccurs in conjunction with, the negligent acts and/or
omissions of both the Contractormnd the City, mtheir elected cx appointed officials, officers, employees,agents,
attorneysor volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence
for any resulting suit, judQment, mct|un, o|a|m, dnmond, damages or costs and oxpenaeo, including reasonable
'@ttomeyO'hoes.
c. Industrial Insurance Act VVaivec It is specifically and expressly understood that the Contractor waives any immunity
that may be granted to it under the Washington State industrial insurance act, Title 51RCW, solely for the purposes of
this indemnification. Contractor's indemnification nhoU not be limited in any way by any limitation on the amount of
damages, compensation orbenefits payable to orbyany third party under workers' compensation acts, disability benefit
acts or any other benefits acts or programs, Contractor shall require that its ouboontmoctom, and anyone directly or
indirectly employed urhired byContractor, and anyone for whose acts Contractor may beliable inconnection with its
' performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCVV. and assume all potential liability for actions brought bvtheir respective employees, The Parties acknowledge
that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject toR��24.11�then, in the event
cfliability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend,
shall beonly tothe extent ufthe Contractor's negligence.
e. Nothing contained in this Section mthis Contract shall be construed to create oliability oraright of indemnification in
any third party.
[ The terms ofthis section shall survive any expiration ortermination ufthis Contract.
15. Contractor's Liability Insurance
Adall 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 0fthis Contract.
Contractor shall provide and maintain inforce insurance in limits no less than that stated below, as applicable. The City reserves
the rightto require higher limits should itdeem bnecessary inthe best interest mfthe public. Contractor will provide oCertificate Vf
Insurance to the City as evidence of coverage for each of the policies and outlined Aomin. A copy of the additional insured
City u,Yakima Limited Public Works — Invitation tuQuote Page 1aof 20
endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City,
prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency
from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance,
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this
Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's
insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made
by Contractor's insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and
effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient
cause for the City to terminate the Contract.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general
aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written
notice, The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
Liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000,00) per
occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attomeys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract, The certificate of insurance and additional insured endorsement shall name the City of
Yakima, its elected and appointed officials, employees, agents, attomeys 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
City of Yakima Limited Public Works — Invitation to Quote Page 14 of 20
needed. Failure ofSu (s) tocomply with insurance requirements does not limit Contractor's liability or
16. 8evenabi|bn
If any term 0rcondition of this Contract mthe 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 condibnnonfthis Contract are declared severable.
17. Contract Documents
This Contract, the Invitation to Quote #22237S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal
(to the extent consistent with Yakima City documents) constitute the Contract Documents and are complementary. Specific Federal
and State laws and the terms of this Contract, in that order respecfively, supersede other inconsistent provisions. These Contract
Documents are onfile inthe Cffinmofthe Purchasing Manager, 13QNo. 2wSk..Yakima, WA, 9M901.and are hereby incorporated
by reference into this CoDLnRC1
18. Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may h»nn|naha the Contract ;tits sole discretion in such event that it
provides the Contractor with wdtten notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this
notice.
In the event of the City'breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it
provides the City with whtten notice of City'obreach and the City fails to cure its breach of the Contract within MOdays of this notice.
The following represents onon*mn|uoivo.illustrative list cfinstances that shall beconsidered abreach bvthe Contractor.
a. Defaults onanoh||goUonunder the Contract;
b. Fails boperform any material obligation required under the Contract;
n. 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 unassignment horthabnnofitofoaddonm;
[ Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs adelinquent Washington tax liability;
h. Becomes uState orFederally debarred Contractor;
i |aexcluded 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;
h. Fails to maintain the confidentiality ofthe City |nhonnadnn that is considered to be Confidential |nfonnation,
proprietary, 0rcontaining Personally |danUfi@b|eInformation;
i Contractor performance threatens the health or safety of a City, County or municipal employee.
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the
Contract. The Contractor shall also be compensated for partially completed services, In this event, compensation for such partially
completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City,
multiplied by the corresponding payment for completion of such smmimon as set forth in the Contract. AJtemmbvo|y, at the on|o
diourefionofthmQtv^thmCnntractormmybeoumpenaatedhortheaotua|seminehouropmxided.TheCitKshm||UemndUod0nomfund
for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the
Contractor requesting the refund.
City of Yakima Limited Public Works — Invitation to Quote Page 15 of 20
In addition tothe above termination provisions,ifthe funds upon which the City relied to establish this Contract are withdrawn,
reduced. Or limited, Vrifadditional or modified conditions are placed on such funding, the City may terminate this Contract by
providing atleast five business days written notice 0nthe Contractor. The termination shall bn effectiveon the date specified �the
notice oftermination.
19. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual
matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual
20. Removal of Subcontractor
If dissatisfied with the background, performance,and/or general methodologies of any subcontractor,the City may request in writing
that the subcontractor beremoved. The Contractor shall comply with this request atonce and shall not employ the subcontractor
for any further work/services under this Contract.
21. Taxes and Assessments
Contractor shall besolely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal
income tax. F|CA, social security tax, gssmomnlento for unemployment and industrial injury insurance. and other deductions from
income which may herequired bylaw orassessed against either party asaresult of this Contract, |nthe event the City inassessed
a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due.
22. Waiver ofBreach
Awaiver by either party hereto ofobreach of the other party hereto of any covenant or condition ofthis Contract shall not impair the
right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay nrfailure ofeither party hoinsist upon
strict performance ofany agreement, covenant Vrcondition of this Contract, ortoexercise any right herein given inany one urmore
instances, shall not be construied as a waiver or relinquishment of any such agreement, covenant, condition or right.
23. Force YN 'muno
Contractor 4Unot bmresponsible for delays indelivery due bmacts ofGod, fire, strikes, epidemics, war, dot, delay intransportation
or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. NnnnaUy,
in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the
reason for delay,
24. Governing Law '
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
25. Venue
The venue for any action t¢enforce ur interpret this Contract shall lie inacompetent jurisdiction inYakima County, Washington.
26. Authority
The person executing this Contract, nnbehalf of Contractor, represents 'and warrants that
' he/she has been fully authorized by Contractor
to execute this Contract nnits behalf and 1Vlegally bind `Contractor tnall the terms, performances and provisions ofthis Contract.
27. Change orNotice
Any alterations, including changes to the nature of the service, made to the Contract shall borendered inwriting and signed byboth
responsible parties; nochanges without such signed dooumanbuUon'shoUbovn|id. Noalterations outside ofthe general scope and
intent of the original Request for Proposals nrin'excess oYallowable and accepted price changes shall bamade.
In no even shall the n�m�eo�o m� V�lo,�ed -`
� .��� mpm���mr �a� o DeremmranypmperlyoxeoUted
Notice cfBusiness Changes: Contractor shall notify the City in\writing within three CBbusiness days cf any change inownership of
the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as
possUbla, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue nnmiva
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 goveming law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's
duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently
unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties
at their addresses as follows:
TO CITY: City of Yakima Purchasing TO CONTRACTOR:
Linda Kuntz, Purch. Asst.
129 North Second Street
Yakima, WA 98901
28. Survival
The foregoing sections of this Contract, 1-28 inclusive, shall survive the expiration or termination of this Contract in accordance with
their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA CONTRACTOR NAME
By:
City Manager
Date: Date:
Attest: (Print name)
City Clerk
ATTACHMENT A — SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT
City of Yakima Limited Public Works — Invitation to Quote Page 17 of 20
INSURANCE AGENT ISSUING CERTIFICATE
0
Entty Insured Address
ACOR
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 POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
11,-4T'01T1174114 If the certificate holder is an ADDITIONAL INSURED. the hiit0OffI0NAL N$IJRD rb endorsed,
CERTIFICATE OF LIABILITY INSURANCE
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 endorsernengsj.
Ol'er, INSURANCE AGENT INFORMATION
1
!A.t WA'
A Ell
$13U.110) AFRO110043 COVISIA4k
AA.VUIOR BETTER, ADMITTED CARRIER
• •
GE S CERTW}CATE NUMBER. REVISION NUMBER
NAM $
TO CERTIFY THAT flie XJCIEZ OF INSURANCE LISTED BELOW HAVE BEEN =Leo TO THE INSURED NAMED ABOVE. FOR THE POLICY PERSOD
INDICATED_ NOTWITHSTANDING ANY REOUUSEMENT, TERM OR, COW:4.710N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
csruiricArs. MAY sE v..leo OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRSBED HEREIN 1:; f.:UB.:ECT TO ALL THE TEAAAS,
EXCLUSIONS AND CONDMONS OF SUCH POLICIES, LAIRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJVS
et
Ai
1,ae.„2,41.,o4onEavre.Liki1 APavn PER
RRZ-
AutomodkALLOOLOTY
X No' ..trrc
TC4
aNka
=Alan
as am.* c&r
A
LAWARELLA LIAS
C
1$0$$$V$A COMPDGATION
AP4)$$OPLOYERF EIAMLfr$
ARIVVI CYM"§V
$10
t Pt
11
wee
POUCY NUMBER
POUCY NUMBER
DATE
DATE
'DATE'
DATE
Est.a4 -0.SLmOIRENCE S
1,00,000
ARMAS£3 ttt-30$:$1,
11(4n430
2.01:0000
PO'°+gsapc-a Azo1 2M0.000
a
avarO-sordLs ow? '-
acerLy NAPO' 'Pet $
POLICY NUMBER
TOP GAP/ EL ONLY
DATE DATE
Accorsicokri $
111;$'' =MT 'IX '11$
Eis,f0,4 $444 $ L000.000
0,11. Li:0CW
OCC,000
TCH 101. rf ownios
Yakena. its agenz, employees, atithorced volunteers, elected and appointed offcials 3re included as Prmary$Non-Contrbutcry adcfsece13 ant:rec.
Additional krosured Endorsement
CERTIFICATE HOLDER
City of Yakima
Purchasing Departnaent
129 N. 2nc St.
Yalerna. WA oacic1
ACORD 25 (201E103)
CANCELLATION
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOf. NOTICE WR.L BE DELIVERED VI
ACCORDANCE YITTI1 THE POUCY PROVISIONS.
Aimicarzeo REPREIMIKTATIVE
SIGNATURE
011988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
City of Yakima Limited Public Works - Invitation to Quote
Page 18 of 20
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organizationjs):
The City of Yakima, its agents, employees, authorized
volunteers, elected and appointed officials are included
as Pimary/Hon-Contributory additional ensured,
IT CAREFULLY.
Location(s) Of Covered Operations
Information required to complete this Schedule. ff not shown above. will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organizahon(s) shown in the Schedulebut only
with respect to liability for "bodily Injury', "property
damageor "personal and advertiSing injury -
caused, in whole or in part. by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf,
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above,
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply.
This insurance does not apply to 'bodily injury' or
"property damage" occurring after:
1. AU work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered rations has been completed: or
2. That 6. 'on 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,
City of Yakima Limited Public Works - Invitation to Quote Page 19 of 20
IT A
22237S Quote Specifications
Separate Attachment
X I:IT
Contractors Quote Proposal
Separate Attachment
City of Yakima Limited Public WorkS —Invitation tm , ote Page 2 of 20
QUOTE FORM
Number of Days to Complete Work: 14 Comments: Al("46
Quote is Firm far: 30 Days (Minimum of 30 Days)
Guarantee: Minimum of one (1) year an work.
Permit Required: Yes Ai or No 0
Warranty: Minimum of 2,0 years on materials.
Delivery Terms:
All materials are to be quoted F.O.B. destination. All anticipated shipping costs necessary to meet the delivery schedule must
be included in the lump sum total. No additional charges for shipping or handling will be allowed.
Lump Sum (Pre -Tax):
QUOTE FORM
_s 369,461.
In signing this Quote we certify that we have not, either directly or indirectly, entered into any agreement or participated in any
collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other
person or firm to submit or not to submit a Quote; that this Quote has been independently arrived at without collusion with any
other Bidder; competitor or potential competitor; that this Quote has not been knowingly disclosed prior to the opening of Quote
to any other Bidder or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms
of our Quote.
Company Name
2,65146 04/vipe‘u.,,, iv a
Name of Authorized Company Representative (Type or Print)
724t/Z-4/6
of Above
4
WMBE/DBE Vendor Certification Number (if applicable)
Company Address
913903
'54 itle
Email Address
.4a Q as' emr..44 toe-otimpe
Phone Number
60 et - 6-3 - oo
I hereby acknowledge receiving Addendum (a)
(Use as many spaces as addenda received.)
City of Yakima Limited Public Works — Invitation to Quote Page 3 of 21
BIDDER FORM
Bidder Responsibility Criteria:
It is the intent nfCity toaward ucontract tothe responsible bidder. Before award, the bidder must meet
the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required
by the City to submit documentation demonstrating compliance with the criteria. The bidder must:
1. Have a current certificate of registration as a Contractor in compliance with chapUerlD'Z7 R[m4 which
must have been in effect at the time of quote submittal;
Effective Date:
Expiration Date:
2. Have a current Washington Unified Business Identifier (UBI) number;
UB|� ^��~
3. if applicable:
a` Have Industrial Insurance (worken/compensation) covera8efor'the bidder's employees working in
Washington, axrequired |nTideS1RCW;
|saccount current? y__ _(Yes/No)
h.Have oWashington Employment Security Department number, asrequired inTitle 5OR[VV;
c Have a Washington Department of Revenue state excise tax registration number, as required in
Tit|eB2
4. Has Contractor been disqualified from bidding on any public works contract under RCW 39,06.010 or
39.13.065(3).
|sContractor disqualified? /V49 (Yes/No)
5. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard,
project specific items reporting requirements ofRCVV39.04.370.
Does Contractor have violations? A-0 _ ~(Yes/No)
6. For public works projects mmb~je'cttotheappr
utilization requirements of RCx3g_O4.BIO,not
have 'been found out of �m by the Washington state apprenticeship and training 'council for M supervision, outside their approved work
working apprentices out of ratio, without appropriate supervson' or
processes as outlined in their standards of apprenticeship under chapter 4984 R[VV for the one-year
period immediately preceding the first date ofadvertising for the project.
^ ����
Is Contractor ncu �a��`��__� - �.(Yes/No)
7. Per RCW 3 the Labor andIndustries Training orare they
Is Contractor in compliance? y (Yes/No)
City of Yakima Limited Public Works — invitation to Quote Page uof 21
Certification of Compliance with Wage Payment Statutes
(To be submitted ovith to Form)
The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation
date ( j, that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any
provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of
assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court
of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and
correct.
4,5'46,1
81 er
ignature of A orized Officials
Z/4"5
Printed Name
Date
City
Check One:
Individual 0 Partnership D Joint Venture 0 Corporation
State of Incorporation, or if not a corporation, State where business entity was formed:
State
If a co -partnership, give firm name under which bu ness is transacted:
* ff a corporation, proposal must be executed in the corporate name by the president or vice-president (or any
other corporate officer accompanied by evidence of authority to sign). If a co-partnershlp, proposal must be
executed by a partner.
City of Yakima Limited Public Works — Invitation to Quote Page 10 of 21