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Home My WebLink AboutTri Ply Construction - Agreement Inv. to Quote #22319SAGREEMENT 1,1464bik-k - I Millifto yAVd_A"O%)1V z1`17071=ee A 0 F_- I "I and Tri Ply Construction, ("Contractor"). 1. Scope of'11ork Olin. 73T, FT, r, I - I Ills iart thereof. Work is estimated to be complete by June 16, 2023. Final work schedule shall be coordinated with Project Coordinator Jason Zeller, Recreation Program Supervisor, (509) 575-6046. T 111 1111�111� A in the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit A, attached hereto and incorporated herein, which Exhibit includes ti 2nd upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor 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 fri this Contract without the prior written consent of the other. 11111114IN11031049 Mai fFTA I 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 is -irot ofte-iii/ise c-nater of oublic 1, MMUTWITM =0 eM 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. 223195 Agreement Lions Pool Dry Wall Project - Parks Page 1 of 9 f this •. Contractor promptly • o . records which are related to the Services• Contract as may be requested by the City. c, All records i to Contractor'si' i 1' 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 ofrecordsretentionschedule. 7. Work Madefor Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the Ci The City shall own anyandall data,documents,plans, hts, specifications,• r papers,1 any other materials Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliv- to the City� 8. Guarantee •ifcompletionIIacceptanceof 9. Compliance Contractor agrees to perform • / pursuant to this Contract• f f all applicable rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, otherwise.Contractor shall procure and maintainapplicable and necessary permits,licenses f approvals • any federal, sta 2.I11 i 14AW&MW• It ,:• • • •`: •.charn-es and _ d give all notices necessary and incto the due and lawful execution of the work. I iden a. Procurement of a City Business License, Contractor must maintain a City of Yakima Business License and pay al; - •taxes associatedwith said •: i • f • i•' • •1 i i f i113 requiredc. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as in Titlei 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 r bidding opublic •rks contract under1. 1 f or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 f. • !';, ii i ♦ if .: Although the Citydoes notrequireforeign corporateproposers • • . lify in •.City,County or State prior •submitting . proposal, it is specificallyunderstoodand agreed award 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 is made, prior to conducting any business I'I 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 t appropriate prevailing wage rate for the services being provided. I 22319S Agreement Lions Pool Dry Wall Project - Parks Page 2 of 9 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. found at the following website address of the Department of Labor and Industries: grevailing wages is the quote date, April 20, 2023. 11. Certified Payroll for Non -Federally Funded Projects As sole aiscretion, inat, sucn non-reaacieu copy is rieGeSSWiF or appropriate in oruel to 011aulu uty to Gurnpu''artil ", applicaule raw. I - "1 11111111111171 .1 0 , M= _1 I I =a - - Mt F5 number, or other personal information required to apply for a driver's license or identicard. W MA U11M M, chapter, and the director of labor and industries or the director's designee. OLAC2&12LMLa i. 7MUMN IN W a IM 11116. amnorizaDorlb elecil-M pirstant ttTWAt, 7MT-_F�TFIT N � employed by the Contractor for work performed on a public works project. Q WWWW"WAG � - T r. T TV, r- iepartment. (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12,050. 12. Nondiscrimination 11uring the performance of this Contract, the Contractor agrees as follows: maritai status, sexuai orientation, pregnancy, Veteran 5 51alLS, PUIRIUdi anivallun or i3eilef, or Me presence or anj sensuq, physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). AS QisicillAill �Wde byt -tot be ligiteg to tWe follow4g: giQlgment, grading, demotion, transfer. recruitment, advert s layoTr or termination, rates Or pay or oiner Vorms UT compensation, serectlun ior training, dnu ine pruvsHMxnT-7OyuZ` -M Mill: T. - Agreement. 22319S Agreement Llons Pool Dry Wall Project - Parks Page 3 of 9 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 V. . . . . . . . . . . . • j.C,WgdGU-tvitatio-t to Quote =-M- nL J1111".; U %,A and modifications and Contrac kim, . 11WIFFIM51 puq- llrqrjv�l A 14 k1j; liTAMEMnig 18. Termination Tbrq�jna& k&�am PA I IP W" &AW!WQ1 1ih_1R1li'1^"1 *01ARM *11' provues ine notice. Iri th6 eyeMrtf the City �ma&e&-Ns QiAtnct, tXe CtAtr2c4l, m2y termiA2te tXe Clixtr2ct 2t its stle iiiscretiIA ix su& evelt t�at-� . ........... a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally -imposed, 30-day notilm e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identable Information; I . Contractor performance threatens the health or safety of a City, County or municipal employee. The City may terminate the Contract, without cause, by providing 30 days written notice of termination. iTati(ytJnLmi,veTft'_-J1ce. ft�itractor shall be entitled to receive compensation for any fees owed under the 1 7,11REM M09 FrOT4_7111111 [71111= I&M I'm, 'I �u IQ M-16111"'d EM 11NII&OIK601" fit 11NIMMUS, Npla "MOTWITri 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. Mango in Lyq4kig 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 terminabon, 22319S Agreement Lions Pool Dry Wall Project - Parks Page 6 of 9 19. Prime Contractor Contractor is the Prime Contractor hereunder. The Priime Contractor shall be the sole point of contact with regard to all contractual obligations. 20. Removal of Subcontractor that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractl for any further work/services under this Contract. 21. Taxes and Assessments be solelv reSDO-Isible foromd s�,all oav all taxes-dedw-tia-irs. a-td assessrie-tits- i1rcludi-to butmiint liwitp(i tn fAIdA 111WO I 22. Waiver of Breach 23. Force Majeure Co-itractor will deliveiv due to acts of God. fire. stikes. enidawkv--&aiL.- �'M�+i traunn-tMi ag W.&M U ir-T, "IM g L%W.TR Kwa gml gig" 90""OFIMAN NO reason for delay. 711 1 "-. VIVU 24. Governing Law ............... ..... 25. Venue ............. ......... 26. Authority 9 vopq lUsHOM "offr-NCsAno M116TJ - ill .1 1114A,•MIM 6201aff 27. Change or Notice An al era ions, includin han, s to the nature of the service made to the Contract shall be rendered in writing and sigied bX b i 0ge 1111111111111� 11111iipiiiii�iii�i 1 �1�6 1� 4I �! I 11*11611RINIMIM, 'Will I I• - T - Rmeidue-iit. 22319S Agreement Lions Pool Dry Wall Project - Parks Page 7 of 9 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: Tri Ply. Construction LLC Christina Payer, Buyer Il 106 W Pine 129 North Second Street Yakima, WA 98907 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 Tri Ply Construction, LC By: City Manager Date: Date: ti (print name) CI TY CONTRACT No:'' :-SOLUTION NO:-- 22319S Agreement Lions Pool Dry Wall Project - Parks Page 8 of 9