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HomeMy WebLinkAboutMBI Construction Services, Inc. - Agreement City of Yakima Quote #22325S AGREEMENT CITY OF YAKIMA QUOTE#22325S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and MBI Construction Services, 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 furnish all tools, materials, labor and equipment(collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22325S titled HVAC Replacement 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 September 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 furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on behalf,of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public,is confidential,and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall,at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. 22325S Agreement HVAC Replacement Page 1 of 10 b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule,Contractor shall retain and provide the City access to(and the City shall have the right to examine, audit and copy)all of Contractor's books,documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation, claim or audit is started before the expiration of the six (6) year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. 7. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,the Contractor shall deliver these materials to the City. 8. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 9. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and maintain all applicable and necessary permits, licenses and approvals of any federal,state, and local government or governmental authority or this project,pay all charges and fees,and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must maintain a City of Yakima Business License and pay all • charges,fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 22325S Agreement HVAC Replacement Page 2 of 10 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.wa.gov/I icensi nq-permits/public-works-protects/prevai ling-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, July 24, 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 right to require Contractor to deliver to City a copy of the non-redacted Certified Payroll if City determines, in its sole discretion, that, such non-redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230(7)(a)Personal Information Exemption: Any record used to prove identity,age, residential address,social security number,or other personal information required to apply for a driver's license or identicard. RCW 39.12.010(4):An"Interested Party"for the purposes of this chapter shall include a Contractor,Subcontractor,an employee of a Contractor or Subcontractor,an organization whose members'wages,benefits,and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: (1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC 296-127-014(1), and overtime hours worked each day and week, including any employee authorizations executed pursuant to WAC 296-127-022, and the actual rate of wages paid,for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project. (2)A Contractor shall,within ten days after it receives a written request,from the department or from any interested party as defined by RCW 39. 2.010(4),file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. (3)A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12.050. 12. Nondiscrimination During the performance of this Contract,the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,sexual orientation, pregnancy,veteran's status, political affiliation or belief,or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with 22325S Agreement HVAC Replacement Page 3 of 10 Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion,transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders,this Contract may be cancelled,terminated,or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 13. Pay Transparency Nondiscrimination Provision The Contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about,discussed,or disclosed their own pay or the pay of another employee or applicant.However,employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is(a) in response to a formal complaint or charge, (b)in furtherance of an investigation, proceeding, hearing,or action, including an investigation conducted by the employer, or(c)consistent with the contractor's legal duty to furnish information. 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release,indemnify,defend,and hold harmless the City,its elected and appointed officials,officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor,or any Contractor's agent or subcontractor, in performance of this Agreement,except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW,solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit acts or any other benefits acts or programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. 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 22325S Agreement HVAC Replacement Page 4 of 10 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. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,combined single limit bodily injury and property damage, and Two Million Dollars($2,000,000.00)general aggregate. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. b. Automobile Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The certificate of insurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent 22325S Agreement HVAC Replacement Page 5 of 10 acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. 16. Severability If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid,such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application.To this end,the terms and conditions of this Contract are declared severable. 17. Contract Documents This Contract, the Invitation to Quote#22325S, Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with Yakima City documents)constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 18. Termination Termination for Cause In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach within 30 days of this notice. In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract within 60 days of this notice. The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the Contractor: a. Defaults on an obligation under the Contract; b. Fails to perform any material obligation required under the Contract; c. Files a petition in bankruptcy,becomes insolvent,or otherwise takes action to dissolve as a legal entity; d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,30-day notice; e. Makes an assignment for the benefit of creditors; f. Fails to follow the sales and use tax certification requirements of the State of Washington; g. Incurs a delinquent Washington tax liability; h. Becomes a State or Federally debarred Contractor; i. Is excluded from federal procurement and non-procurement Contracts; j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract; k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information; I. Contractor performance threatens the health or safety of a City, County or municipal employee. Termination for Convenience The City may terminate the Contract,without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract.The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested,at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City,the Contractor may be compensated for the actual service hours provided.The City shall be entitled to a refund for goods or services paid for but not received or implemented,such refund to be paid within 30 days of written notice to the Contractor requesting the refund. 22325S Agreement HVAC Replacement Page 6 of 10 Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 19. Prime Contractor Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of work and the payment of any and all charges resulting from its contractual obligations. 20. Removal of Subcontractor If dissatisfied with the background, performance,and/or general methodologies of any subcontractor,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work/services under this Contract. 21. Taxes and Assessments Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before it becomes due. 22. Waiver of Breach A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency,delay or failure of either party to insist upon strict performance of any agreement,covenant or condition of this Contract,or to exercise any right herein given in any one or more instances,shall not be construed as a waiver or relinquishment of any such agreement,covenant,condition or right. 23. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God,fire, strikes,epidemics, war, riot, delay in transportation or railcar transport shortages,provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays(acts or God,etc.)the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 24. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County,Washington. 26. Authority The person executing this Contract,on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms,performances and provisions of this Contract. 27. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as 22325S Agreement HVAC Replacement Page 7 of 10 possible, and in no event later than three(3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable,or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: City of Yakima Purchasing TO CONTRACTOR: MBI Construction Services, Inc. Christina Payer, Buyer II 2016 Fruitvale Blvd. 129 North Second Street Yakima, WA 98902 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 MBI CONSTRUCTION SERVICES, INC. TammyDigitally signed by Tammy gjAiktilk /10., Urrutia Urrutia Date:2023.08.09 By: 13:51:10-07'00' City Manager Date: !/ 1 t "'�'� Date: Attest: ; q�11%�,t (Print name) _ ,+*— City Clerk 1 • ,L1\L CITY CONTRACTNO:42: 1 RESOLUTION NO: 1,�;'9S ( " Exhibit A Quote Speci Ica Ions y� G o_r Exhibit B Contractor's Quote Proposal 22325S Agreement HVAC Replacement Page 8 of 10 EXHIBIT A-Quote Specifications 22325S Agreement HVAC Replacement Page 9 of 10 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE #223255 FOR NON-FEDERALLY FUNDED WORK BETWEEN$10,000-35,000 PROJECT NAME: HVAC Replacement CITY PROJECT COORDINATOR NAME/NUMBER: Christina Payer,576-6696 LOCATION: 2200 Fruitvale Blvd.,Yakima,WA RETURN QUOTES TO:christina.payer(iyakimawa.gov ISSUE DATE: July 24,2023 DUE DATE/TIME: July 28,2023, 11:00:00 AM PST QUOTE FORM Small Works Roster Project Contractor must be signed up with WWW.MRSCROSTERS.ORG in order to respond to this Invitation to Quote. Prevailing Wage This project is considered Public Work and shall be completed in accordance with 39.04 RCW. This is a Prevailing Wage project. Intent to Pay Prevailing Wages, and Affidavit of Prevailing Wages paid must be filed by both the General Contractor and any Subcontractors working on the project,at Contractor's expense,and posted as approved by Labor and Industries(L&I)prior to payment.See attached contract for further details. Certificate of Insurance Please contact your insurance company and have them send us a Certificate of Insurance naming the"City of Yakima,its Agents, Employees and Elected or Appointed Officials as Additional Insured"per the attached sample,with the same limits of coverage. The Certificate needs to be addressed as shown and include an attached Additional Insured Endorsement,or it will be returned to you for correction and you will not be able to start work until it is accepted. Subcontractors must also submit Certificates of Insurance with Additional Insured endorsement. See attached contract for further details. Coordination of Work Contractor will coordinate his/her work with the City of Yakima Project Coordinator listed above as to when work will be accomplished.Work shall be completed as agreed upon in the resulting contract. Work Hours and Schedule Work to be completed M-F,8:00 a.m.to 5:00 p.m.,excluding legal holidays Scope of Work • Location: 2200 Fruitvale Blvd,Yakima, WA 98902 • Provide crane, if needed • Demolish and disposal of the existing HVAC unit • Replace unit with a new Lennox M#KGB024S4EW • Supply and install new thermostat • Reuse the existing ducts • Supply and install curb adapter • Provide and install all electric required. Reuse the existing power • Work to be done Monday-Friday during business hours • Include prevailing wages labor Attached is an image of the unit(M#KGB024S4EW). City of Yakima Limited Public Works—Invitation to Quote Page 1 of 23 QUOTE FORM All work is to be done in accordance with the Manufacturer's Instructions, Industry Standards, and Specifications as presented by the City of Yakima.Work shall be performed using the recommended process below, using specified materials and brands or approved and acceptable equal. Recommended Process/Materials: *Bidder may quote alternate process for City consideration:Yes or No Number of Days to Complete Work: Comments: Quote is Firm for: Days(Minimum of 30 Days) Guarantee:Minimum of one(1)year on work. Warranty:Minimum of years on materials. Permit Required: Yes or No Delivery Terms: All materials are to be quoted F.O.B.destination. All anticipated shipping costs necessary to meet the delivery schedule must be included in the lump sum total. No additional charges for shipping or handling will be allowed. Lump Sum(Pre-Tax): $ City of Yakima Limited Public Works—Invitation to Quote Page 2 of 23 QUOTE FORM In signing this Quote we certify that we have not, either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote;that this Quote has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address Name of Authorized Company Representative(Type or Print) Title Signature of Above Email Address WMBE/DBE Vendor Certification Number(if applicable) Phone Number ❑ I hereby acknowledge receiving Addendum(a) , (Use as many spaces as addenda received.) City of Yakima Limited Public Works—Invitation to Quote Page 3 of 23 CITY OF YAKIMA LIMITED PUBLIC WORKS INVITATION TO QUOTE#223255 I. GENERAL/SPECIAL INSTRUCTIONS A. Additional Work Any additional work found necessary that is not specified in the Scope of Work shall be listed on a separate sheet entitled "Additional Materials/Labor Required". B. Estimated Quantities Estimated quantities, if any, set forth in the Scope of Work are estimates only, being given only as a basis for the comparison of Quotes. The City does not warrant, expressly or by implication; that the actual amount of work will correspond to the estimated quantities. Bidder is responsible for verification of square footage and units of measure,which are to be provided with Quote submittal. C. Qualified Quotes The General and Special Instructions included in this quote document and in the resulting contract will govern the performance of the work. No other terms and conditions will be accepted. Quotes that are conditioned in any way, or Quotes that take exception in any way to the City of Yakima's General and Special Terms and Conditions, may result in the Quote being considered non-responsive. D. Proprietary Material Submitted Any information contained in the bid submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a Contractor's bid,the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected bidder has been given an opportunity to seek a court injunction against the requested disclosure. E. Award of Quote The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low quote. F. Business License and Permits All bidders shall have a valid and current business license issued by the State of WA Department of Revenue,Business Licensing Service covering this type of work. It will be the Contractor's responsibility to procure any licenses or permits required, to complete the project. The Contractor is responsible for all traffic control and barricades, if applicable.You can contact the Codes Department at (509) 575-6121 or (509) 575-6126 or visit the Codes website at: https://www.vakimawa.gov/services/codes/ for information. G. Background Checks-Special Conditions for Yakima Police Department(YPD)Facilities All Contractors, employees, and Subcontractors who will be working on site must participate in a Washington State and National fingerprint and background check process in order to work in YPD facilities. This process must be completed no less than five (5) days prior to start of work. Contractors must also complete a CJIS Security Awareness training every two (2) years and sign a Criminal Justice Information Services (CJIS) Security Addendum. Washington State Patrol (WSP) also requires that all employees working on site must watch a 10-15 minute video. The YPD Police Services Manager will coordinate with Contractor to ensure compliance. Failure to undergo this process may result in loss of contract. If any person does not pass the background check,they must be replaced and will not be allowed on site.There City of Yakima Limited Public Works—Invitation to Quote Page 4 of 23 may be few instances where a Contractor may be supervised directly by the Facilities Manager and this requirement may be waived on a case-by-case basis. H. Best Modern Practices All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted, although specific mention thereof may not be made in these specifications. I. Workmanship Contractor warrants and guarantees to the City that the work shall be performed in a manner consistent with industry standards for the performance of construction and services of a similar nature. The Contractor warrants to the City that materials and equipment furnished will be of good quality and new, that the work will be free from defects,will be fully compatible with the existing materials and equipment and that the work will conform to all requirements.Work not conforming to these requirements,including substitutions(if allowed) not properly approved and authorized, may be considered defective. The Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work.All references to standards whether for materials, processes,assemblies, workmanship, performance, or similar purpose shall mean, unless otherwise noted, the most recent available published version of such standard. When reference is made to standards, the standards are to be made a part of this contract, and to have the same effect as if fully reproduced herein. It is a requirement that each category of trades person or installer performing the work be qualified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and being capable of workmanship complying with those standards. J. New and Unused All units, equipment, parts and material shall be new, unused, manufacturer's current model year and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. K. Equal/Approved Equal These specifications are intended to be precise where a specific make, model or trade name is requested. Whenever a make, model or trade name is used, it shall be that or equal, or approved equal. Equal or approved equal means that the make, model or trade name will be given consideration if they fulfill the same performance requirements.The City reserves the right to make the decision on acceptability. Each bidder shall clearly identify make, model or trade name of equipment bid on the face of their quote. Any equipment proposed as an equal to that herein specified must be substantiated with supporting data to justify such request for substitution. L. Hazardous Materials If asbestos or other hazardous materials are discovered during performance of work under this project, Contractor will immediately notify the Project Coordinator, so that a Change Order addressing Pollution Control as well as any change in cost may be executed by Purchasing. M. No Disturbance The Contractor shall not disturb grounds or materials outside the sphere of the contracted project. N. Protection of Utilities The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the agencies that have utilities in place, and shall cooperate with these agencies in the protection and City of Yakima Limited Public Works—Invitation to Quote Page 5 of 23 relocation of underground utilities,facilities and structures. The number to call is#811. O. Waste Materials All refuse and waste material must be collected and disposed of, in a legal manner, by the Contractor off the City's property, at the Contractor's expense. The Contractor must immediately clean up any spilled material from streets, roads, etc. Storage of debris on site is not allowed. P. Repair or Replacement The work shall consist of repair of any incidental damages to walls, moldings, electrical, flooring, landscaping, fencing, paved areas, top soil, turf, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the City. Should adjacent property be damaged in any manner, Contractor shall immediately contact the Project Coordinator. Contractor shall promptly repair damages caused to adjacent areas, rooms, facilities, property, streets, and sidewalks by construction operations as directed by the City and at no cost to the City. Q. Final Inspection and Acceptance When the Contractor considers the work physically complete and ready for final inspection, the Contractor shall request the City's Project Coordinator to inspect the work. The City will notify the Contractor of any deficiencies in the work after inspection. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the City is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven (7) days after receipt of the written notice listing the deficiencies, the City may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant. The date of final acceptance shall be determined by the date the Contractor has properly invoiced the City for payment and turned in all required submittals after the final inspection and acceptance has occurred. R. Payments Upon final inspection and acceptance of the work by the City, the Contractor is to submit properly completed invoice(s)to the City of Yakima Accounts Payable, 129 North 2nd Street, Yakima, WA 98901. To insure prompt payment each invoice should cite Quote number, purchase order number, discount terms and include the Contractor's name and return remittance address. In addition, the invoice shall include quote item description,quantity,unit price,total price,location of work and date work completed. Payment will be mailed within thirty (30) days of acceptance of the completed project, post-work submittals, Prevailing Wage Intents and Affidavits, and a properly completed invoice. Invoice shall be itemized to reflect hours worked and material costs. S. Retainage(Must be withheld at 10%in order to waive performance/payment bonds) The City of Yakima shall have the right to withhold ten percent (10%) of the amount of any invoice submitted to the City of Yakima by the Contractor for labor, supervision, and materials furnished by the Contractor up to the time of completion and acceptance of job. City of Yakima Limited Public Works—Invitation to Quote Page 6 of 23 Each invoice submitted by the Contractor shall include two separate line items. The first line item is to reflect the total price of the job being invoiced, less ten percent(10%) retainage.The second line item will reflect the ten percent (10%) retainage. Payment of said retainage shall be due thirty (30) days after City of Yakima's acceptance of completed work and verification of Prevailing Wage filings with Labor and Industries. City of Yakima Limited Public Works—Invitation to Quote Page 7 of 23 BIDDER RESPONSIBILITY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award,the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor#: Effective Date: Expiration Date: 2. Have a current Washington Unified Business Identifier(UBI) number; UBI #: 3. If applicable: a. Have Industrial Insurance (workers'compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; Is account current? (Yes/No) b. Have a Washington Employment Security Department number,as required in Title 50 RCW; # c. Have a Washington Department of Revenue state excise tax registration number,as required in Title 82 RCW; 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? (Yes/No) 5. Until December 31,2013, not have violated more than one time the off-site, prefabricated,non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? (Yes/No) 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. Is Contractor in compliance? (Yes/No) 7. Per RCW 39.04.350 and RCW 39.06.020, has the Contractor had Labor and Industries Training or are they exempt? Training Complete ❑ Exempt ❑ Is Contractor in compliance? (Yes/No) City of Yakima Limited Public Works—Invitation to Quote Page 8 of 23 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number(UBI); 3. If applicable, have: a. Industrial insurance(worker's compensation)coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license, if required by Chapter 19.28 RCW; c. An elevator Contractor license, if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? City of Yakima Limited Public Works—Invitation to Quote Page 9 of 23 \ Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date( ), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder Signature of Authorized Official* Printed Name Title Date City State Check One: Individual 0 Partnership 0 Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. City of Yakima Limited Public Works—Invitation to Quote Page 10 of 23 ATTACHMENT A-SAMPLE CERTIFICATE OF INSURANCE WITH ADDITIONAL INSURED ENDORSEMENT Ac c)Rti CERTIFICATE OF LIABILITY INSURANCE DATE°ifI` THIS S ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policyjies)must have ADDITIONAL INSURED provisions of be endorsed_ If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N ".CT INSURANCE AGENT INFORMATION AazX INSURANCE AGENT ISSUING CERTIFICATE PHONE 'J Ilcioll�fAC Na Fldt EJIAI. ADDRESS. _ BaUIERISl AFFORDING COVERAGE MRCS INSIWER A: A- OR BETTER.ADMITTED CARRIER INSURED INSURER B: Entity Insured Aodress INSURER C: INIteER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSOMR . MAR POUCY EfF POLICY ESP LTFI TYPE OF INSURANCE INNSSD ssv. POIJCY NUMBER IMYOOYYYYi [iWDOTTYYI UYRa X CCMrERKAL GENERAL Li,BIt rrY EACH OCC.RRENCE S 2,�,� CMS� DE IA ,OCC P FRESCOES ESE NTED LV occ wren cei I 100,,000 rED xP,+,rr one adman s 5.0©0 A I POLICY NUMBER ITC F PERSONN_S RD,IN.LR., s 1.000.000 UENL.InNGREG,ATE LAST APPLIESPot DATE DATE GENERAL AGGREGATE 12.00QA00 1 POUCY I XJ LOC PR-txrCTS-COMP.DP ADD 12.000.000 OTHEFt DABiNE',SINGLE LIMIT 12.000.000 AU'TOYOBLLELMBYITY Rs emdcrt IX .ANY.AUTO BOCYLY INJURY ter pence`) a A AUTO at�YSCHEDULED POLICY NUMBER - !BODILY w er URY Fer sc Sc I H>� —NCIHOWNED DATE DATE PROPERTY akAAGE I AUTOS ONLY AUTOS ONLY S UMBRELLA UAB occt EA:#i iY_.0, RENCE S ENGELS LIPS OLAIPO-MADE AGGREGATE ...... I l DED _ RETENTIONS I NCIRKERS COMPENSATION _. SPTy^.HIE ___ cR AND EMPLOYERS'LIAR UTY Y f N PRIETCRP.ARTYERE]Ecu e EL.h.N ACCIDENT" I 1,000,000 A MYrR OFFICER•1E413 ECU-ICED, NIA POLICY NUMBER 1,OOD,0O0 tliandabsey n,eo oe In.Aber STOP GAP?EL ONLY DATE DATE EL.DSEAGE-EA ENPLDYEE S DESCRIPTOR OF CPEIZITIOAA beat EL.D'ESE-PCUCY-MIT S 1 000 000 DESCRIPTOR TOR of OPERATORS I LOCATIONS i VEHICLES(ACORD 101,AdIMon'l Ramada SMMAa,MOW be greened emote cease is reouYedl The City of Yakima.its agents.employees,authorized volunteers,elected and appointed officials are included as Prtnarylilon-Contritrutory additional insured. See attached Additional ktstaed Endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. City of Yakima Purchasing Department AUTNORID REPRESENTATIVE 12g N.2nd St Yakima,WA ONO, SIGNATURE I 8)1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Yakima Limited Public Works—Invitation to Quote Page 19 of 23 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Yakima,its agents,employees,authorized volunteers,elected and appointed officials are included as Primary/Non-Contributory additional insured. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule. but only sions apply. with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury"or damage" or "personal and advertising injury' "pmperty damage"occurring after caused,in whole or in part,by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service,maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the locations) desig- covered operations has been completed;or noted above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project City of Yakima Limited Public Works—Invitation to Quote Page 20 of 23 POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Where required by written contract or agreement executed prior to loss(except where not permitted by law). Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part.Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page t of '• City of Yakima Limited Public Works-Invitation to Quote Page 21 of 23 ATTACHMENT B-Lennox M#KGB024S4EW Xion KGB Series, 2 Ton Gas Heat w/ Electric Cooling Packaged Unit, 65K A.S. Single Stage, 208-230 VAC 1 Ph 60 Hz Cat#:CW 104 Model/Part#:KGBO24S4EW sign in for priring and availability Need your unit today?See product availability listed oelaw,visit ca011112115taguldi Quote or call the Rapid Replacement Hotline at 1-800-4LENNO%. City of Yakima Limited Public Works—Invitation to Quote Page 22 of 23 EXHIBIT B-Contractor's Quote Proposal 22325S Agreement HVAC Replacement Page 10 of 10 MBI Construction Services, Inc. Bur rig IBucrne's. 'Bet 1 c'r! Ryan Ringer Service Department Manager 2016 Fruitvale Blvd.Yakima,WA 98902 *Phone:509-453-3326*Fax:509-453-9921 E-mail: ryan@mbiyakima.com Web: www.mbiyakima.com HVAC BID PROPOSAL PROJECT: YPD Swat AC BID DATE: 7/18/23 BID SECTIONS: HVAC MBI/HVAC is pleased to offer an HVAC bid for the above referenced project as outlined below.All HVAC work shall be In accordance with the State,Local and NEC requirements. HVAC INSTALLATION INCLUDING: 1. Lennox M#KGB024S4EW 2. Curb Adapter 3. Electrical 4. Crane 5. Prevailing Wage Labor Note:This project Is based on normal working hours between 7:00AM&3:30PM work outside of that time would be at an additional expense.Bid Valid tor 30 days. 1.) Total Price $ 12,050.00 tax not included EXCLUSIONS: 1.) Bond expense (If required it can be provided at an additional cost). 2.) Washington state sales tax. 3.) 2.8%Credit Card Fee Please do not hesitate to call should you have any questions.(509)453-3326 Ex. 112 Ryan Ringer.Estimator ./t1144*%, Electrical Construction:MBICOCS888KG MBE Certified: M3M0023698 ' General Construction:MBICOCS888J6 DBE Certified: D3M0023698 • •!`* ` QUOTE FORM All work is to be done in accordance with the Manufacturer's Instructions,Industry Standards,and Specifications as presented by the City of Yakima.Work shall be performed using the recommended process below,using specified materials and brands or approved and acceptable equal. Recommended Process/Materials: 1"Set Crane,pull power and gas, remove RTU,2nd install curb adaptor,install new RTU Lennox M#KGB024S4EW, hook up power,Tstat,gas line and condensate.3rd Test *Bidder may quote alternate process for City consideration:Yes or No Number of Days to Complete Work: 2_Comments: Quote is Firm for:30 Days(Minimum of 30 Days) Guarantee:Minimum of one(1)year on work. Warranty:Minimum of 1 years on materials. (See attachment for full Quality care program) Permit Required:Yes or No 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): $ 12,050.00 City of Yakima Limited Public Works—Invitation to Quote Page 2 of 23 QUALITY CARE PROGRAM EQUIPMENT LIMITED WARRANTY APPLIES IN U.S.A. AND CANADA ONLY PLEASE READ DISPUTE RESOLUTION SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS Failure to maintain equipment will void this limited warranty. LIMITED WARRANTY all applications that are not for personal, family or household Subject to the terms below, this Limited Warranty covers purposes. components within the following equipment(hereafter, referred to NOTE- One-year coverage applies to all listed Equipment, as the"Equipment"): with the exception of 4SCU13LC, BCE7E, ELA, ELP, ELS, TPA and TSA Equipment installed in Residential Applica- Equipment Type Model Number Lions and the ComfortSense®CS7500&CS8500 Commercial Oil Furnaces LG14 thermostats and the iCONTM control system installed in all applications. Unit Heaters/ LD24(all units), LF24, and TUA TWO-YEAR WARRANTY Duct Heaters (100,000 to 400,000 btuh units) CS7500&CS8500 Commercial Thermostats,and the ICON LF25,and LS25 (125,000 to 400,000 btuh control system-All Applications units) The CS7500 and CS8500 Commercial Thermostats, and the Air Handlers ELA, BCE7E ICON control system are warranted by the Manufacturer for a period of two(2)years when installed in all applications. Alr Conditioners 4SCU13LC, ELS, TSA NOTE-Two(2)year coverage applies ONLY to the Comfort- (3 Phase) Senses CS7500&CS8500 Commercial thermostats. Heat Pumps ELP, ML14XP1,TPA FIVE-YEAR WARRANTY (3 Phase) 4SCU13LC, BCE7E, ELA, ELP, ELS,ML14XP1,TPA and TSA Packaged Units KCA, KCB, KDB, KGA, KGB, KHA, KHB, Equipment-Residential Applications ZCA,ZCB,ZGA, ZGB,ZHA, ZHB The covered components in the Equipment are warranted by the Manufacturer for a period of five (5)years when installed in Electric Heat AECB29, ECH16, EH17, ECH24, T1EH, a"Residential Application."A Residential Application refers to a Sections Z1 EH single-or multi-family dwelling,which includes homes,duplexes, Controls/ ComfortSense®'CS3000 Commercial apartments and condominiums used for personal, family or Thermostats thermostat, ComfortSense CS7500 Corn- household purposes mercial thermostat, ComfortSense®8500 NOTE- Five(5)year coverage applies ONLY to 4SCU13LC, Commercial programmable thermostat BCE7E, ELA, ELP, ELS, ML14XP1, TPA and TSA Equipment series, iCONTM control system installed In Residential Applications. Accessories High-performance economizers FIVE-YEAR WARRANTY Variable-frequency drives(inverters) High-Performance Economizers and Variable-Frequency This Limited Warranty covers repair components only. It does Drives(Inverters)—All Applications NOT cover cabinets, cabinet pieces, unit accessories, driers, High-performance economizers and variable-frequency drives refrigerant, refrigerant line sets, belts, gaskets, wiring, fuses, oil (inverters)are warranted by the Manufacturer for a period of five nozzles, or components such as air filters that must be replaced (5)years when installed in all applications. as part of a regular maintenance program. NOTE-Five(5)year coverage applies ONLY to the high-perfor- Warranty Period: mance economizers and variable-frequency drives(inverters). The warranty begins on the date the Equipment is originally EXTENDED WARRANTY PERIOD installed and ends as set forth below(the"Warranty Period"). Heat Exchangers,Burners,Unit Controllers,All-Aluminum If the date of original installation cannot be verified, the Warranty Condenser Coils and Compressors Period begins six months after the date of manufacture. Regard- Notwithstanding the above, certain n Manufacturercac forcomponentts in less of the date of installation, the Warranty Period will begin no Equipmentp are warranted by the the following later than 18 months from the date of manufacture. extended periods: Notwithstanding the above, when Equipment is installed in a Equipment Model Warranty Period for newly constructed home,the Warranty Period begins on the date Number Heat Exchanger Only of purchase from the builder. Proof of closing may be required. KGA, KGB, ZGA, ZGB, Ten(10)years—All applications NOTE- The installation of replacement components under this LF24, LF25, LS25,TUA Limited Warranty does not extend the Warranty Period. with Aluminized Heat ONE-YEAR WARRANTY Exchanger All Applications KDB, KGA, KGB,ZGA, Fifteen (15)years—All applications The covered components in the Equipment are warranted by the ZGB, LF24, LF25, LS25, Manufacturer for a period of one(1)year when installed in either TUA with Stainless Steel a "Residential Application" or a "Non-Residential Application." Heat Exchanger A Residential Application refers to a single- or multi-family LD24 with Aluminized Two(2)years—All applications dwelling, which includes homes, duplexes, apartments and Heat Exchanger condominiums used for personal, family or household purpose. A Non-Residential Application refers to all premises that are not LD24 with Stainless Steel Five(5)yeera—All applications included in the definition of a Residential Application, including Heat Exchanger LG14 Five(5)years—All applications Equipment Model Warranty Period for Burners Only component is moved after its initial installation. Number 3- Replacement components will not be provided under this Limited Warranty unless all repairs of the Equipment LG14 Three(3)years—All applications containing the defective component are made by a licensed professional HVAC installer or licensed HVAC contractor using Manufacturer-specified service components. Equipment Model Warranty Period for All-Aluml- 4- This warranty does not cover units that do not meet and/or Number num Condenser Coils Only are installed in violation of regional government standards KCA, KCB, KGA, KGB, Three(3)years—All applications or other government requirements. ZCA, ZCB,ZGA,ZGB 5- This Limited Warranty does not cover damage or defect resulting from: Equipment Model Warranty Period for a- Any act of God, including, but not limited to, fire, floods, Number Compressor Only wind,lightning,hurricanes,tornadoes or earthquakes; 4SCU13LC,ELS, Five(5)years—All applications b- Mold; ELP,KCA,KCB,KDB, c- Installation or operation in a corrosive atmosphere, or KGA,KGB,KHA,KHB, otherwise in contact with corrosive materials(e.g., chlorine, ML14XP1,TSA,TPA,ZCA, fluorine,salt, recycled waste water, urine,fertilizers, or other ZCB,ZGA,ZGB,ZHA,ZHB damaging substances or chemicals); WARRANTY COVERAGE d- Accident, misuse, neglect or unreasonable use or If, during the Warranty Period, a component in the Equipment operation of the Equipment or component, including, fails because of a manufacturing defect, the Manufacturer but not limited to, operation of electrical equipment at will provide a replacement component to the Owner through voltages other than in the range specified on the unit a licensed professional HVAC contractor. The Owner will be nameplate(includes damages caused by brownouts); responsible for all shipping, freight and handling charges, as e- Modification, change or alteration of the Equipment well as all fees and costs associated with the warranty service, or component, except as directed in writing by the including, but not limited to, all labor and other costs involved in Manufacturer; diagnostic calls or in removing, repairing, servicing or replacing f- Operation with system components (indoor unit, any component. The Manufacturer's sole responsibility under outdoor unit, and refrigerant control devices)that do not this Limited Warranty is to provide a replacement component as match or meet the specifications recommended by the set forth above. In the event that any component covered by this Manufacturer; Limited Warranty is no longer available,the Manufacturer will,at its option, provide a substitute component or allow the Owner to g Use of accessories or additives that have not been purchase equivalent equipment at a reduced price of 20 percent approved by the Manufacturer that are installed on or in off the list price in effect on the date of the failure. the Equipment; Both the Manufacturer and the Owner of the Equipment are h Operation of a system containing R410A refrigerant bound by this Limited warranty. without the required filter drier. (All systems containing MAKING A WARRANTY CLAIM R401A refrigerant must include a filter drier. The filter drier must be replaced when compressor replacement is To make a warranty claim, the Owner must contact a licensed necessary); professional HVAC contractor.The Owner may also contact the i- Use of contaminated or alternate refrigerant; Manufacturer listed on the unit nameplate: j- Operation of packaged gas/electric units (equipped with Lennox Industries Inc. Allied Air Enterprises aluminized heat exchanger)with mixed air temperatures P.O. Box 799900 215 Metropolitan Drive of less than 45°F(7°C); Dallas,TX 75379-9900 West Columbia, SC 29170 k- Damage caused by frozen or broken water pipes; and 1-800-9LENNOX 1-800-448-5872 I- Operation of a furnace field-installed downstream from a When warranty coverage is requested,the Owner must provide, cooling coil. and the service provider must collect,the following: 6- This Limited Warranty does not apply to, nor is any 1 - The Equipment model and serial number; warranty offered by the Manufacturer for, any Equipment or 2- The Owner's name and location of the Equipment; components that have been stolen or have been ordered 3- The date of original Equipment installation; and over the internet, by telephone or other electronic means, unless the dealer or licensed HVAC installer selling the 4- An accurate description of the problem. Equipment or components over the Internet, by telephone NOTE-Proof of prior maintenance and purchase may also be or other electronic means, is also the installing contractor. required. 7- Lennox makes no express warranties other than the EXCLUSIONS warranty specified herein. All implied warranties, The following limitations and exclusions apply to this Limited including the implied warranties of merchantability Warranty: and fitness for a particular purpose, are excluded to the extent legally permissible. Liability for incidental, 1 - Replacement components will not be provided under this consequential, Indirect, special and/or punitive Limited Warranty unless the Equipment containing the damages Is excluded, including, but not limited to, defective component is properly installed and maintained by a licensed professional HVAC installer or licensed HVAC lost profits, loss of use, higher utility costs or property contractor in accordance with the installation, operation damages.Some jurisdictions do not allow the exclusion and maintenance instructions, which are provided with the or limitation of implied warranties or Incidental or Equipment or available by contacting the Manufacturer. consequential damages. In such jurisdictions, the 2- Replacement components will not be provided under this limitations or exclusions may not apply to the Owner. Limited Warranty if the Equipment containing the defective 8- The Manufacturer will not pay electricity or fuel costs, or Increases In electricity or fuel costs, for any reason This arbitration provision is subject to the Federal whatsoever, including additional or unusual use of Arbitration Act("FAA"),which governs its interpretation and enforcement.To the extent the FAA does not apply supplemental electrical heat. This Limited Warranty does not cover lodging expenses. to any Dispute,the laws of the State of Texas,without regard to principles of conflicts of law,will apply.The 9- The Manufacturer shall not be responsible for any default or arbitrator will decide all issues of interpretation and delay in performance under this Limited Warranty caused by application of this"Dispute Resolution"section, the any factor or contingency outside of its control. arbitration provision and the Limited Warranty,with the exception of deciding whether the Arbitration Class This Limited Warranty gives the Owner specific legal rights, as Action Waiver in Paragraph 2a is valid or enforceable.A described herein, and the Owner may have other rights which court will resolve any question regarding the validity or vary by jurisdiction. enforceability of Paragraph 2a.This Dispute Resolution section will survive termination of this Limited Warranty. DISPUTE RESOLUTION The requirement to arbitrate will be broadly interpreted. NOTE- Please read this section carefully as It affects your a- Arbitration Class Action Waiver: The Owner and the rights and the resolution of Disputes. Manufacturer agree that arbitration will proceed solely on 1 - Contact the Manufacturer: Please report any Dispute an individual basis and no Dispute will be arbitrated as (defined in items 1 and 2 on page 4) to the Manufacturer a class action, consolidated with the claims of any other listed on the unit nameplate: party, or arbitrated on a consolidated, representative or private attorney general basis.Unless the Owner and the Lennox Industries Inc. Allied Air Enterprises Manufacturer agree otherwise in writing, the arbitrator's P.O. Box 799900 215 Metropolitan Drive authority to resolve and make awards is limited to Disputes Dallas, TX 75379 9900 West Columbia, SC 29170 between Owner and the Manufacturer. The arbitrator's award or decision will not affect issues or claims involved 1-800-9LENNOX 1-800-448-5872 in any proceeding between the Manufacturer and any 2- Mandatory Arbitration: Both the Owner and the person or entity who is not a party to the arbitration. The Manufacturer agree that all Disputes must be resolved arbitrator may award monetary, declaratory or injunctive exclusively through final and binding arbitration, relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted and not by a court or Jury; however, the Owner or the by that party's individual claim. The arbitrator's award, if Manufacturer may assert claims in small claims court any, will not apply to any person or entity that is not a if (i) the claims qualify for small claims court, (ii) the party to the arbitration. matter remains in small claims court, and (lii) the A court, not the arbitrator, will decide any questions matter proceeds only on an individual (not a class or regarding the enforceability of this Paragraph 2a. If a representative) basis. court deems any portion of this Paragraph 2a invalid or unenforceable,the entire arbitration provision in Both the Owner and the Manufacturer waive the Paragraph 2 (other than this sentence)will be null and right to a trial by jury and any right to have a Dispute void and not apply. heard in court Instead,all Disputes must be resolved b- Agency Proceedings: This arbitration agreement does not preclude the Owner from bringing issues to in arbitration by a neutral third-party arbitrator. In the attention of federal, state, or local agencies. Such arbitration, Disputes are resolved by an arbitrator agencies can, if the law allows, seek relief against the instead of a judge or jury,discovery is more limited Manufacturer on the Owner's behalf. than in court and the arbitrator's decision is subject to c- Fees and Costs:If the Owner's total damage claims in an limited review by courts. However,the arbitrator must arbitration are$25,000 or less,not including the Owner's attorney fees ("Small Arbitration Claim"), the arbitrator follow the law and can award the same damages as in may,if the Owner prevails,award the Owner's reasonable court, including monetary damages, injunctive relief, attorney fees, expert fees and costs (separate from declaratory relief and other relief. The arbitrator's award Arbitration Costs as defined below), but may not grant can be confirmed in any court of competent jurisdiction the Manufacturer its attorney fees, expert fees or costs (separate from Arbitration Costs) unless the arbitrator A single arbitrator,with the American Arbitration determines that the Owner's claim was frivolous or Association ("AAA"),will conduct the arbitration, and the brought in bad faith. In a Small Arbitration Claim case,the award may not exceed the relief allowed by applicable Manufacturer will pay all arbitration filing, administrative and arbitrator costs (together, "Arbitration Costs"). The law.The arbitration will be conducted in the county of Owner must submit any request for payment of Arbitration Owner's residence or other mutually agreed location. Costs to the AAA at the same time the Owner submits its For claims of$50,000 or less,the AAA's Supplementary Demand for Arbitration. However, if the Owner wants the ProceduresManufacturer to advance the Arbitration Costs for a Small for consumer-related Disputes will apply. For Arbitration Claim before filing,the Manufacturer will do so claims over$50,000,the AAA's Commercial Arbitration at the Owner's written request which must be sent to the Rules will apply. If either set of rules is not available, the Manufacturer at the address in paragraph 1. In a Small AAA rules applicable to consumer Disputes apply. The Arbitration Claim case, the Manufacturer agrees that the Owner may choose to have the arbitration carried out AAA's rules and a form initiating arbitration proceedings based only on documents submitted to the arbitrator or are available at www.adr.org or by calling 1-800-778- by a telephonic hearing unless the arbitrator requires an 7879. in-person hearing. If the Owner's total damage claim in an arbitration 1 - The terms"Dispute"and"Disputes"will be broadly interpreted exceeds$25,000, not including the Owner's attorney to include any claims, disagreements or controversies fees("Large Arbitration Claim"),the arbitrator may award that the Owner and the Manufacturer had, have or may the prevailing party its reasonable attorneys'fees and have against each other, whether based in contract or costs, or it may apportion attorneys'fees and costs tort or on a statute or regulation or any other legal theory, between the Owner and the Manufacturer(such fees including, without limitation, all claims, disagreements or of:controversies related in any way to or arising in any way out and costs being separate from Arbitration Costs). In a Large Arbitration Claim case, if the Owner is able to demonstrate that the Arbitration Costs will be prohibitive a- the Equipment and components covered by this Limited as compared to the costs of litigation,the Manufacturer Warranty; will pay as much of the Arbitration Costs as the arbitrator b- any other equipment, component or service produced by deems necessary to prevent the arbitration from being the Manufacturer; cost-prohibitive. c- any advertising,representation or marketing produced by d- OPT OUT: BOTH AN ORIGINAL AND SUBSEQUENT the Manufacturer; OWNER MAY OPT OUT OF ARBITRATION BY d- any contract, warranty, or other agreement the Owner PROVIDING WRITTEN NOTICE (THE "OPT-OUT had or has with the Manufacturer; NOTICE") TO THE MANUFACTURER that is post- e- any billing or other policy or practice produced by the marked no later than 30 calendar days after the Manufacturer; Owner's purchase of the equipment (in the case of the f- any action or inaction by any officer, director, employee, original owner) or purchase of the premises at which agent,or other representative of the Manufacturer relating the equipment was originally installed (in the case of a to any equipment, component, marketing, representation subsequent owner).The Opt-Out Notice must be mailed or service provided by the Manufacturer; to the Manufacturer listed on the unit nameplate: Lennox Industries Inc. Allied Air Enterprises g- any claims the Owner brings against a third party (such P.O. Box 799900 Allied Metropolitan Drive as a distributor, dealer or repair service)that are based P on, relate to or in any way arise out of any equipment, Dallas,TX 75379-9900 West Columbia, SC 29170 component,marketing,representation or service provided 1-800-9LENNOX 1-800-448-5872 by the Manufacturer; The Opt—Out Notice must state(i)the Owner's name h- any claims the Manufacturer brings against the Owner; and address, (ii)the date that the Owner purchased the and equipment(if the original owner)or the premises where i- any aspect of the relationship between the Owner and the the equipment was originally installed(in the case of a Manufacturer. subsequent owner), (iii)the equipment's model name 2- "Dispute"and"Disputes" includes claims, disagreements or and number, (iv)the equipment serial number(which controversies that arose at any time, including before this can be found on the unit nameplate), and(v)that that Limited Warranty became operative and after this Limited the Owner elects to opt out of arbitration.The Owner Warranty is terminated. must sign the Opt-Out Notice personally and not through another person or entity, and the Opt-Out Notice will 3- The"Manufacturer"refers to the Manufacturer listed on the apply only to the person or entity that signs it. Neither Equipment nameplate, as well as their parents, affiliated the Owner nor any other person or entity can opt out of companies, related companies, subsidiaries, divisions, arbitration on behalf of anyone else. Providing a timely departments,business units, representatives, predecessors Opt-Out Notice is the only way to opt out of arbitration. in interest,successors, and assigns. Opting out of arbitration will not affect the Limited 4- "Limited Warranty" refers to this document. Warranty, and the Owner will continue to enjoy the benefits of the Limited Warranty if the Owner opts out of 5- "Owner" refers to (i) the person or entity that originally arbitration. purchased the Equipment from a licensed professional Any Opt Out Notice received after the opt out HVAC contractor and (ii) during the Warranty Period, the deadline will not be valid. owner(s) and subsequent owner(s) of the premises where 3- Non-Arbitration Class Action and Jury Waiver: If for any the Equipment is originally installed. reason any Dispute proceeds in court rather than arbitration, EQUIPMENT INFORMATION the Owner and the Manufacturer waive any right to a jury NOTE TO CUSTOMER trial, the Dispute will proceed solely on an individual, non- Please complete information below and retain this warran- class, non-representative basis and neither the Owner nor ty for records and future reference. As well,retain proof of the Manufacturer may be a class representative or class commissioning documentation from the installer. member or otherwise participate in any class,consolidated, private attorney general or representative proceeding. Unit Model Number: KGB024S4EW 4- Severability:The Owner and the Manufacturer agree that, Serial Number: with the exception of any of the provisions in paragraph 2(a) Installing Contractor: MBI Construction ("Arbitration Class Action Waiver"), if an arbitrator or court Installation Date: Phone: decides that any part of this Dispute Resolution section is invalid or unenforceable, the other parts of this Dispute Resolution section shall still apply. If paragraph 2(a) is P.O.Box 799900, Dallas,TX 75379-9900 found to be invalid or unenforceable thereby rendering all of ©2020 Lennox Industries Inc. FORM W-024-L3-05--06/1/2020 paragraph 2 of the Dispute Resolution section null and void, Supersedes W-024-L3-05--06/1/2020 paragraph 3 of that section shall survive and remain in full force and effect. I DEFINITIONS 5 cP.'4',114' In addition to the terms defined above,the following definitions W 024-L3A5 will apply to this Limited Warranty: QUOTE FORM In signing this Quote we certify that we have not,either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Quote;that this Quote has been independently arrived at without collusion with any other Bidder,competitor or potential competitor;that this Quote has not been knowingly disclosed prior to the opening of Quote to any other Bidder or competitor;that the above statement is accurate under penalty of perjury. We will comply with all terms,conditions and specifications required by the City of Yakima in this Invitation to Quote and all terms of our Quote. Company Name Company Address MBI Construction Services 2016 Fruitvale Blvd.Yakima WA.98902 Name of Authorized Company Representative(Type or Print) Title Joseph L.Menard Owner Signatu •ove Email Address (x, tammy@mbiyakima.com WMBE/DBE endor Certification Number(if applicable) Phone Number M3M0023698,D3M0023698 509-453-3326 ext.100 ❑ 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 23 BIDDER RESPONSIBIUTY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award,the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor#: MBICOCS888J6 Effective Date: 04/26/2012 Expiration Date: 05/07/2024 2. Have a current Washington Unified Business Identifier(UBI)number; UBI#: 603-190-297 3. If applicable: a. Have Industrial Insurance(workers'compensation)coverage for the bidder's employees working in Washington,as required in Title 51 RCW; Is account current? Yes (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. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? No (Yes/No) 5. Until December 31,2013,not have violated more than one time the off-site,prefabricated,non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? 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 ❑ Exempt IA Is Contractor In compliance? Yes (Yes/No) City of Yakima Limited Public Works—Invitation to Quote Page 8 of 23 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts,adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution,the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number(UBI); 3. If applicable,have: a. Industrial insurance(worker's compensation)coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license,if required by Chapter 19.28 RCW; c. An elevator Contractor license,if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5. Until December 31, 2013, not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? City of Yakima Limited Public Works—Invitation to Quote Page 9 of 23 11:- PI 1 Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date( ), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. MBI Construction Services Bidde ..,..______0.---- Signature o Authorized Official* Joseph L. Menard Printed Name Owner Title July 26th 2023 Yakima WA Date City State Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation l State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. City of Yakima Limited Public Works—Invitation to Quote Page 10 of 23 AGREEMENT CITY OF YAKIMA QUOTE#22325S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"),and MBI Construction ,("Contractor"). WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as folloWs: 1. Scope of Work The Contractor shall perform all work and service(s)and furnish all tools,materials, labor and equipment(collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22325S titled HVAC Replacement 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 September 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 furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on behalf,of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs,executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential,and the Contractor will not, in whole or part,now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance,its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities,and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. City of Yakima Limited Public Works—Invitation to Quote Page 11 of 23 BIDDER RESPONSIBILITY FORM (To be submitted with Quote Form) Bidder Responsibility Criteria: It is the intent of City to award a contract to the low responsible bidder. Before award,the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must: 1. Have a current certificate of registration as a Contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of quote submittal; Contractor#: MBICOCS888J6 Effective Date: 04/26/2012 Expiration Date: 05/07/2024 2. Have a current Washington Unified Business Identifier(UBI)number; UBI#: 603-190-297 3. If applicable: a. Have Industrial Insurance(workers'compensation)coverage for the bidder's employees working in Washington,as required in Title 51 RCW; Is account current? Yes (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. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Is Contractor disqualified? No (Yes/No) 5. Until December 31,2013,not have violated more than one time the off-site,prefabricated,non-standard, project specific items reporting requirements of RCW 39.04.370. Does Contractor have violations? 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 ❑ Exempt Clq Is Contractor In compliance? Yes (Yes/No) City of Yakima Limited Public Works—Invitation to Quote Page 8 of 23 Subcontractor Responsibility 1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its Subcontractors to include substantially the same language of this section in each of their subcontracts,adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all Subcontractors regardless of tier. 2. At the time of subcontract execution, the Contractor shall verify that each of its first tier Subcontractors meets the following bidder responsibility criteria: a. Have a current certificate of registration in compliance with chapter 18.27 RCW,which must have been in effect at the time of subcontract quote submittal; b. Have a current Washington Unified Business Identifier number(UBI); 3. If applicable,have: a. Industrial insurance(worker's compensation)coverage for the Subcontractor's employees working in Washington as required in Title 51 RCW; b. A Washington Employment Security Department number as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; b. An electrical Contractor license,if required by Chapter 19.28 RCW; c. An elevator Contractor license,if required by Chapter 70.87 RCW. 4. Has Contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5. Until December 31, 2013,not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370. 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project. 7. Per RCW 39.04.350 and RCW 39.06.020, has the Subcontractor had Labor and Industries Training or are they exempt? City of Yakima Limited Public Works—Invitation to Quote Page 9 of 23 f, ,mot �,t... it� yv ► - ' �ll Certification of Compliance with Wage Payment Statutes (To be submitted with Quote Form) The bidder hereby certifies that, within the three-year period immediately preceding the quote solicitation date( ), that the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. MBI Construction Services nBidde 0-. Signature o �orized Official* Joseph L. Menard Printed Name Owner Title July 26th 2023 Yakima WA Date City State Check One: Individual ❑ Partnership ❑ Joint Venture ❑ Corporation Q State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. City of Yakima Limited Public Works—Invitation to Quote Page 10 of 23 AGREEMENT CITY OF YAKIMA QUOTE#22325S THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and MBI Construction ,("Contractor"). WITNESSETH:The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follovws: 1. Scope of Work The Contractor shall perform all work and service(s)and furnish all tools,materials, labor and equipment(collectively referred to as "Services") according to the procedure outlined in the specifications of Quote #22325S titled HVAC Replacement 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 September 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 furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the time and in the manner and upon the conditions provided for the Contract. 3. Agency Relationship between City and Contractor Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on behalf,of City. 4. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for himself, and for his heirs,executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential,and the Contractor will not, in whole or part,now or at any time disclose that information without the express written consent of the City. 6. Inspection and Production of Records a. The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe,and proper facilities,and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. City of Yakima Limited Public Works—Invitation to Quote Page 11 of 23 Client#: 170222 MBICONS ACORD-h. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Lisa Logan Propel Insurance PHONE 800 499-0933 FAX No): 866 577-1326 (A/C,No,Ext): 601 Union Street; Suite 3400 Vass:SS: lisa.log an@Pro elinsurance.com p COM Construction INSURER(S)AFFORDING COVERAGE NAIC# Seattle,WA 981 01-1 371 INSURER A:Western National Assurance Company 24465 INSURED INSURER B: MBI Construction Services, Inc. INSURER C: 2016 Fruitvale Blvd INSURER D: Yakima,WA 98902 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSRL ywUvp POLICY NUMBER (MNWDY/YEYYY) (POLICY t°DD//YYYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CPP126243001 04/16/2023 04/16/2024 EACH OCCURRENCE $1,000,000 ED CLAIMS-MADE X OCCUR PREMEaEi urrence) $1,000,000 X BI/PD Ded:1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X ECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CPP125982801 04/16/2023 04/16/2024 Ea acciden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ _ X AUTOS ONLY X AON-OWNE PROPERTY AUUTOS ONLYDAMAGE (Per accident $ $ A X UMBRELLA LIAB X OCCUR UMB104440301 04/16/2023 04/16/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION CPP126243001 PR 04/16/2023 04/16/2024 STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Leased&Rented CPP126243001 04/16/2023 04/16/2024 $50,000 Per Item Equipment $1,000 Ded. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Coy City Shops The City of Yakima,their agents,employees, volunteers,and elected and appointed officials are included as Primary/Non-Contributory additional insureds per the attached forms. CERTIFICATE HOLDER CANCELLATION Cityof Yakima SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 129 N.2nd Street Yakima,WA 98901 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #55828564/M5826165 KXMOO