HomeMy WebLinkAboutMBI Construction Services, Inc. - Agreement City of Yakima Invitation to Quote #22317SAGREEMENT
CITY OF YAKIMA QUOTE #22317$
V.if.&QF aWashinatonmun�cioalcom-oratior,
and M81 CotWruftn,' Servigg, fit, ('Contract&),
WITNESSETH, The partie% In consideration of the Wrens and condifims hbreih� do hbiel5y covenant and agree as follms,
1, Scope of; Work
Ik
by this reference lncorporoW herein and made a part hereof, and shall perform any alterations in or additions 10 the work
prcMded under this Contract and every patt thereof,
for the transfer of aterials and completing the work provided for in this Cdntract and every part thered, 6XOW Wch as are
mentioned in the stiacificafions to be furnished by the City of Y4Wrna,
2, Compensation
for the 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 records. They must be produced to third parties, if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCS", 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 States records retention schedule.
d. The terms of this section shall survive any expiration or ten-nination of this Contract,
f, Foreign (Non-Washingjqnj,jq,�ratio�ns: 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.
1. SubcontractorResponsibility
a The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require
each of its Subcontractors to include substantially the .sane 'language of this section in each of their
subcontracts, adjusting only as necessary the terms used for the contracting parties, The requirements of this
section apply to all Subcontractors regardless of tier,
b, At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets
the following bidder responsibility criteria,
• Have a current certificate of registration in compliance with chapter 18.27 RCS'; which must have
been in effect at the time of subcontract quote submittal,
• Have a current Washington unified 'Business Identifier number (uBl)a
c. If applicable, have:
• Industrial insurance (worker's compensation) coverage for the Subcontractor's employees working in
Washington as required in Title 51 RCW;
• A Washington Employment Security Department number as required in Title 80 RCW;
• A Washington Department of Revenue state excise tax registration number as required in Title 82
RC;r
• An electrical Contractor license, it required by Chapter 19.28 RC;
• An elevator Contractor license, If required by Chapter70.8'7 RCW.
d, Has Contractor been disqualified from bidding on any public works contract under RCW 80,06,010 or 80,12,0 8
(8),
ea For public works projects subject to the apprenticeship utilization requirements of RCW 3 ,04,320 not have
been found out of compliance by the Washington state apprenticeship and training council for working
apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in
their standards of apprenticeship under chapter 49,04 RCW for the one-year period immediately preceding the
first date of advertising for the project.
f, Per RCW 80.04.3 0 and RCW 39,06,020, has the Subcontractor had Labor and Industries Training or are they
exempt?
14, Nondiscrimination
Curing the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race„ creed, color, religion, national origin, sex,
age„ marital status, sexual orientation, pregnancy, veteran's status, political affiMation or belief, or the presence of any sensory,
mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 40.60) or the
Americans wwith 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,
18. 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 pars 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, tbt 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,
lit I'M III IM-11 211911L mi
IMIUMMI I
e. The term offh6onshW sdMve toy expiradon or terminarion of Ws Contwt
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�oads, etc. Storage of debris on site is not allowed.
21. F�opajr or Replacement
Li elW�c�, floorind
iContractor shall promptly repair damages caused to adiacent areas, r6orns, fbcIllittes, property, streets,
i
and sidewalks by construction operationg as directed by the City and at no Coa to the City.
22. Final losoction and Atceptance
MIN I I MINNIMMI
vrqlar�� U TIMM MUM MATITMIT11, Situ ind, 'Ofti rV
completion and acceptance of job,
it fro I i -to reflect the
of completed work and verification of Proailing Wage filings With Labor and Industries.
a Severability
completion and of job,
26. Contract Documents
This Contract and Contractot's proposal (to the extent consistent with Yakima City documents) constitute the
Contract Documents and are complementary; Specific Federal and State laws and the terms of this Contract, in
that order respectively, supersede other inconsistentprovisions. These Contract Documents are on file in the
Office of the Purchasing Manager, 1 9 No. 2ND St., Yakima, WA, 98901, and are hereby incorporated by reference
into this Contract.
.- Termination
Termination for Cause
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in
such event that it ,provides the Contractor with written notice of Contractor's breach and the Contractor falls to cure
its breach within Sg 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 curb Its breach of the
Contract within Gil days of this notice.
The following represents a non-exclusive„ illustrative list of instances that shall be considered a breach by the Contractor:
al Defaults on an obligation under the Contract;
L 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,
day notice;
e. Makes an assignment for the benefit of creditors,
t 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. Falls to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally identifiable Information;
L Contractor performance threatens the health or safety of a City, County or municipal employee.
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees
owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event,
compensation for such partially completed services shall be no more than the percentage of completion of the
services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of
such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be
compensated for the actual service hours provided, The City shall be entitled to a refund for goods or services paid
for but not received or implemented,; such refund to be paid within 30 days of written notice to the Contractor
requesting the refund:
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are
withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may
terminate this Contract by providing at least five business days written notice to the Contractor: The termination
shall be effective on the date specified in the notice of termination.
8. Prime Contractor
Contractor is the Prune Contractor hereunder: The Prime Contractor shall be the sole point of contact with regard
to all contractual matters arising hereunder, including the performance of work and the payment of any and all
charges resulting from its contractual obligations.
a RemovalofSubcontractor
i.:. ,� .... i« E,M... i i....: i � .. i i.:.. i• *:' iii ii ! .� i i � i
st in writing
requ
shall not employ
I Taxes and Assessmbift
but not
result of this Contract In the event the ity is astesse �x or asse ment aS a result of this CCon t� Contractor
shall pay e . before becomes 4
31. Tbiver of Breach
Force32.
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33, Governing Lam
This Contract shall be governed by and construed in accordance with the laws of the State of Washington,
4. Venue
The venue for any action to enforce or interpret this Contract shad lie in e competent jurisdiction in Yakima County,
Washington,
The person executing this Contract, on behalf of Contractor, �represents and Wairr6nls that halshe has been fully
authorized by Contractor to execute this Contracton Its behalf and to legally bind Contractor i .
ll the toftnS,
performances i proviii6risof
36. 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 documentatlon 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 t3 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 () 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 CITYCity of Yakima Purchasing TO CONTRACTOR:
Susan Knotts, Buyer l
129 Forth Second Street
Yakima, WA 9890
7. Survival
The foregoing sections of this Contract, 1- 8 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms;
IN WITNESSHEREOF, the parties hereto execute this Contract as of the day and year first above written.
1-1
CITE MBI ' ON TRUCTDSERVICES INC.
By:
City Manages
Date: N .. Cate: Mav 1 T 2023
Joseph L Menard
m
(Print name
City Clerk
CITY CONTRACT No,
RL$OLUT [ON NO
LIST CP ATTACHMENTS:
ATTACHMENT A - ONTRACTOR% QUOTE
Contractor'suoLe rpos
Separate Attachment
AIREFco , INC
y 2600 E Ferrer Avenue
LAIREFC0 Spokane, WA. 99202
INC (P) (50 ) 53 -1811
,"A,
Pro2osal
Project Name: Yakima Airport Bid bate: 04127/202
Location: Yakima, AExpiration mate. 0� 7/2 3
Attention; Ryan Ringer Proposal Number: 0423PLAV2546
We at Airefco, Inc, are pleased to quote the following equipment for the above referenced project in accordance Win attached terms and
conditions:
ark For i Mordorl Bomber Descri lion
flTQ t 48FCFM14A3A5.6UOAO W at erMa er Gas/Electric Rooftop
i 2081230-3-60
0 nigh gas Meat
12;8 Tons'
Single circuit, two stage codling
6 Standard Packaging
Direct drive, FcoBl ie, high ~static fact
t1LL Temperature economizer with barometric relief
At/Cu cond. coil - AI/Cu evap coil
Electra Mechanical Controls wl JADE W7220
Please note the following clarifications in this proposal;; ,
NOT INCLUDED, Seismic calculations or restraints; extended warranty and/or labor„ filters, manual dampers,
disconnects, Nigh SCCR, convenience outlets, low ambient kits, variable speed compressors, modulating gas, double wall
panels, Flail guards, VFDs, line sets, refrigeration specialties, CO2 sensors, ModSius, BA net, external vibration Isolation,
smoke detectors, thermostats, door switches, SS heat exchangers, SS drain pans, external wiring, name plates, conduit,
rigging, storage or DDC controls not listed in this quote.
All accessories not listed in the unit breakdown (via bullet points) are field installed. Assume all options or accessories
are field installed; labor to not be covered:
• Please verify voltages and MQCPs before placing your order.
• The current manufacturing lead time for this quoted RTU is 35 weeks
• SPECIAL NOTES:
S;
Above price is firm and will remain in effect for 60 days.
The onooina olobal pandemic `is continuing,to disrupt suppkg1lain across multi le commodities. creating volatility in the
facto `s rodoJction ca abilities, roar sh dates me than e due to uneXpected Inability of suripliers, to the f of in
orovidina scheduled materiall. Airefdo will UoA be responsible for any delays or ll uidated dame es.
No taxes, permits, start-up, and or service are included in above proposal unless otherwise noted.
Compliance to local codes neither guaranteed nor implied. ,
• All sales subject to submittal approval and all orders: subject to credit acceptance,
0 Please refer to this quote by jets and quote number ,+ when making inquiries and placing orders.
* Please attach a copy of this quote to your Pt} when placing order.:. :
Alrefco Inc, does not accept and will not be held liable for any flown down requirements from the owner or any higher tier
contractor unless specifically agreed to in waiting.
Internal Use Only.0046303201
It Is the intent of City to award a contract to the low responsible bidder, Before award, the bidder must meet the
following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to
submit documentation demonstrating compliance with the criteria. The bidder must:
1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must
have been in effect at the time of quote submittal;
contractor #. MBICOCS888JG
Effective Date., 04/26/2012
Expiration Date,, 05/07/2024
2. Have a current Washington Unified Business Identifier (UBI) number;
Ugl #: 603-190-297
3, if applicable:
a. Have Industrial Insurance (workers' compensation) coverage for the bidders employees working in
Washington, as required in Title 51 RCW;
Is account current? YES
Yes/No
b. Have a Washington Employment Security Department number, as required in Title 50 RCW;
# 452878-00 8
c. Have a Washington Department of Revenue state excise tax registration number, as required in
Title 82 RCW;
# 45-4778864
4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39,12.065(3).
is contractor disqualified? NO
Yes/No
S. Until December 31, 2013, not have violated more than one time the off -site, prefabricated, non-standard,
project specific items reporting requirements of RCW 39.04.370.
Does contractor have violations? NO
Yes/No
6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04,320, not have
been found out of compliance by the Washington state apprenticeship and training council for working
apprentices out of ratio, without appropriate supervision, or outside their approved work processes as
outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period: immediately
preceding the first date of advertising for the project.
Is contractor in compliance? YES
Yes/No
7. Per RCW 39.04.350 and RCW 39,06.020, has the Contractor had Labor and Industries Training or are they
exempt?
Training Complete 0 Exempt 12�
Is contractor in compliance?
Yes/No
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the quote
solicitation date � that the bidder is not a "willful" violator, as defined inr
RCW 49.48.082, of any provision of chapters 49.46, 49.4 , or 49.52 RCS+', as determined by a final
and binding citation and notice of assessment issued by the Department of tabor and Industries
or through a civil judgment entered by a court of hmited or general jurisdiction,
I certify under penalty of perjury under the lawns of the State of Washington that the foregoing is
true and correct.
MBI Construction Services
F
faseph L h+lenar
Printed lame
Owner
"fide
DateOS/18/23 City Yakima State vvA
Check One
Individual El partnership Cl Joint Venture M Corporation O
State of Incorporation, or if not; a corporation, .State where business entity was formed
Washington
if a co -partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed it the corporate name by the president or vice-
president (or any other corporate officer accompanied y evidence of authority to sign). If a co-
partnership, proposal must be executed by as partner: