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HomeMy WebLinkAboutValley Septic Service, LLC - Agreement - 22323 Rental and Servicing of Portable AGREEMENT CITY OF YAKIMA 22323 Rental and Servicing of Portable Toilets THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and Valley Septic Service, LLC., ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement 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 Quote 22323 Rental and Servicing of Portable Toilets. Specifications which are attached as Exhibit A, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 deliverables 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. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two(2) additional years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is,or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention 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. 22323 Rental and Servicing of Portable Toilets- Parks Page 1 of 9 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. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 10. 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 22323 Rental and Servicing of Portable Toilets- Parks Page 2 of 9 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. 11. 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. 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. 12. 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 shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements 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 endorsements 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 thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies 22323 Rental and Servicing of Portable Toilets- Parks Page 3 of 9 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 endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability $2,000,000 Per Occurrence 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. 13. 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. 14. Contract Documents This Contract, the Invitation to Quote 22323 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 22323 Rental and Servicing of Portable Toilets- Parks Page 4 of 9 15. 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; or Termination for Convenience The City may terminate the Contract,without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. 22323 Rental and Servicing of Portable Toilets- Parks Page 5 of 9 When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have 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. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary. Notices and demands under and related to this Contract shall be in writing and sent to the parties at their addresses as follows: TO CITY: COPY TO: TO CONTRACTOR: Ken Wilkinson Christina Payer Valley Septic Service, LLC Park and Recreation Manager Buyer II PO BOX 10115 City of Yakima City of Yakima Yakima,WA 98909 129 North 2nd Street 129 North 2nd Street Yakima WA, 98901 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. 22323 Rental and Servicing of Portable Toilets- Parks Page 6 of 9 IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA VALLEY SEPTIC SERVICE,LLC. 672,e97/ II o By: a VL U D itd iCt City Manager Date: DWI-- , tatDate: y' A_GV) ei, CITY CONTRACT NO: Ni A-5�/ 1 1 I RESOLUTION NO: N I�`'�- ���nat0Y� I IA lit ke- Attest: __��•�� (Print name) _I �' VAKIM,��1h . City Clerk — y* = EA L 1t�SNING%_: List of Exhibits attached to this contract Exhibit A-Specifications Exhibit B-Contractors Quote Form 22323 Rental and Servicing of Portable Toilets-Parks Page 7 of 9 EXHIBIT A - SPECIFICATIONS 22323 Rental and Servicing of Portable Toilets- Parks Page 8 of 9 • CITY OF YAKIMA INVITATION TO QUOTE #22323 , sNmir.%k -/ COVER SHEET THIS IS NOT AN ORDER QUOTE Release Date:July 24, 2023 Quote Receipt: Quotes can be emailed to: Christina.paver(a�yakimawa.gov. Late Quotes will not be accepted or evaluated. Quotes shall be firm for acceptance for ninety (90) days from date of Quote opening, unless otherwise noted Quote openings are not public. Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Parks and Recreation Christina Payer, CPPB 2301 Fruitvale Blvd. Buyer II Yakima, WA 98902 Quotes Must be completely uploaded by: Phone E-Mail Address August 7, 2023, 11:00:0o AM PST (509) 576-6696 christina.payer(a�vakimawa.gov Public Opening 0 NO PROJECT DESCRIPTION SUMMARY Rental and Servicing of Portable Toilets Enter Prompt Payment Discount: % net days We/I will complete delivery within days after receipt of order. D Check if you are a WMBE or DBE Vendor and list certification Number: ❑ I hereby acknowledge receiving addendum(a) , (use as many spaces as addenda received) In signing this Quote we also certify that we have not,either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a 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 Quotes 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 Phone ( Fax ( ) Signature of Above Date Email Address 22323 Rental and Servicing of Portable Toilets- Parks Page 1 of 19 INVITATION TO QUOTE #22323 Rental and Servicing of Portable Toilets I. GENERAL INFORMATION 1. Purpose It is the intent and purpose of these specifications to describe Rental and Servicing of Portable Toilets in sufficient detail to secure quotes on comparable items. All parts, which are necessary in order to provide a complete unit, ready for operation, shall be included in the quote and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the Bidder. 2. Exceptions Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS". Any Quote submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful bidder, including the cost to meet the insurance requirements. Where "NO EXCEPTIONS" are shown, none will be allowed. No exceptions will be considered that may tend to devalue the equipment or give an individual bidder who is offering a lesser item a distinct advantage. 3. More or Less Quantities are estimated only and shall be bid on a MORE OR LESS basis. For the purpose of comparison, Quotes shall be made in the quantities listed in this specification. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. Payment will be made only for quantities actually ordered, delivered, and accepted,whether greater or less than the stated amounts. 4. Delivery/Completion Each bidder is required to list on the proposal and/or Quote form the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery is important and will be considered in the evaluation of the Quotes. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Quote. 5. Delivery of Unapproved Substitutions Contractors are authorized to ship only those items ordered covered by the contract. If a review of orders placed by the City reveals that an item other than those covered by and specified in the contract have been ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may result in the removal of the offending Contractor's name from the City bid list for a period of up to three (3) years. 6. Term See item 3 of contract. 7. Expansion Clause Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally offered by the bidder, as long as the price of such additional products is based on the same cost/profit formula as the listed item(s). At any time during the term of this contract, other City departments may be added to this contract, if both parties agree. 22323 Rental and Servicing of Portable Toilets- Parks Page 2 of 19 8. Regulations and Codes To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements,to include EPA standards and City safety codes. 9. Prompt Payment Bidders are encouraged to offer a discount for prompt payment of invoice. Please indicate your discount proposal on page 2 of this document. If awarded by the City, period of entitlement begins only after: • Receipt of a properly completed invoice • Receipt of all supplies, equipment or services ordered • Satisfactory completion of all contractual requirements 10. Payments Vendor is to submit properly completed invoice(s) to: City of Yakima,Accounts Payable, 129 N. 2nd Street,Yakima, WA 98901. To insure prompt payment each invoice should cite purchase order number, Quote number, description of item purchased, unit and total price, discount terms and include the Vendor's name and return remittance address. Payment will be mailed within thirty(30) days of: • Receipt and acceptance of order, • Properly completed invoice, and • All papers required to be delivered with order 11. Payment Method—Credit Card Acceptance The City, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. The City's preferred method of payment is by procurement (credit) card. Respondents may be required to have the capability of accepting the City's authorized procurement card as a method of payment. No price changes or additional fee(s) may be assessed when accepting the procurement card as a form of payment. 12. Acceptance of Terms Acceptance of a City Purchase Order (PO) for any units affiliated with this purchase constitutes acceptance of, and agreement with, all of the general and specific requirements and stipulations listed in this boiler plate, and in the attached equipment specification(s); including all penalties mentioned. 13. Clarifications and/or Revisions to Specification and Requirements If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the Bidder has a duty to immediately notify the Buyer of such concern and request modification or clarification of the Quote document. Any questions, exceptions, or additions concerning the subject matter of the Quote document(s) shall not be considered unless submitted via e-mail (no phone calls) to the Buyer listed on page 1, a minimum of five (5) business days prior to the submittal due date. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this Quote, supplements or revisions will be provided to all known Bidders in the form of an Addendum. All Addenda are posted on www.yakimawa.gov/services/purchasing and sent directly to interested parties who have registered (per instructions on website) for updates to this Quote. If any requirements of the Quote are unacceptable to any prospective Bidder, they may choose not to submit a Quote. 22323 Rental and Servicing of Portable Toilets- Parks Page 3 of 19 14. Incurring Costs The City is not liable for any cost incurred by a Bidder in the process of responding to this Quote, including but not limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this Quote. 15. No Obligation to Contract This Quote does not obligate the City to contract for service(s), or product(s) specified herein. City reserves the right to cancel or reissue this Quote in whole or in part, for any reason prior to the issuance of a Notice of Intent to Award. The City does not guarantee to purchase any specific quantity or dollar amount. Quotes that stipulate that the City shall guarantee a specific quantity or dollar amount will be disqualified (e.g. "all-or-none".) 16. Retention of Rights The City retains the right to accept or reject any or all Quotes or accept any presented which meet or exceeds these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low Quote. All Quotes become the property of City upon receipt. All rights, title and interest in all materials and ideas prepared by the Bidder for the Quote to City shall be the exclusive property of City and may be used by the City at its option. 17. Points Not Addressed Bidders are encouraged to list any points not addressed in these specifications that they feel improve or enhance the operation of their units. 18. Items Bought from Different Supplier Should the contracted vendor be unable to or refuse to supply materials, on any given day, against this predetermined delivery schedule to which the supplier has agreed and the City is forced to do the work with items bought from a different supplier, the difference in the Quote price of the items and that paid the new supplier, shall be charged to and paid for by the contracted vendor holding the Quote award for these products. Vendor shall not, however, be responsible for delays in delivery due to: A. Unavoidable mechanical breakdowns B. Strikes C. Inability to secure component materials D. Acts of God E. Fire Provided the Buyer listed on Page 1 is notified in writing by the contracted vendor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. 19. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's quote submittal and to waive non-material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. 22323 Rental and Servicing of Portable Toilets- Parks Page 4 of 19 II. PREPARING AND SUBMITTING A QUOTE 1. General Instructions The evaluation and selection of a Bidder will be based on the information submitted in the Quote and will be awarded to the lowest responsive and responsible bidder. Failure to respond to each of the requirements in the QUOTE may be the basis for rejecting a Quote. 2. Submitting a Quote Quotes shall be emailed, no later than the date, and time to the Buyer listed on Page 1. Late Quotes will not be accepted or evaluated. Quotes are not considered to be confidential per Washington State Public Records Act (RCW 42.56 et seq.) All sections of the response shall be made available to the public immediately after contract opening. 3. Multiple Quotes Multiple quotes from a Bidder will be permissible; however, each quote must conform fully to the requirements for quote submission. Each such quote must be submitted separately and labeled as Quote #1, Quote #2, etc. on the first page of their response. 4. Withdrawal of Quotes Bidders may withdraw or supplement their Quote at any time up to the quote closing date and time. If a previously submitted Quote is withdrawn before the quote due date and time, the Bidder may submit another quote at any time up to the quote closing date and time. After quote closing date and time, all submitted quotes shall be irrevocable until contract award III. EVALUATION AND CONTRACT AWARD 1. Preliminary Evaluation All Quotes shall be evaluated against the same standards. The Quotes will first be reviewed to determine if they contain the required forms, follow the submittal instructions and meet all mandatory requirements. 2. Quote Evaluation Evaluation of quotes shall be based on conformity to the specifications, cost, past experience with item availability and service performance. 3. Offer in Effect for Ninety(90) Days: A Quote may not be modified, withdrawn or canceled by the Bidder for a ninety (90) day period following the deadline for Quote due date, and Bidder so agrees by submittal of a quote. IV.TECHNICAL SPECIFICATIONS 1. General A. As requirements arise, separate delivery orders for portable toilets will be issued by authorized City of Yakima Personnel throughout the period of the contract. Delivery orders will state the type and quantity of unit(s) required, beginning and ending dates or requirement, specific location(s)for placement of unit(s), and frequency of servicing required. B. Delivery and pick-up shall include; delivery, initial set-up, and removal of portable toilets as specified at the time of order. 22323 Rental and Servicing of Portable Toilets- Parks Page 5 of 19 C. Delivery and pick-up within 1 day of scheduled date. 2. Portable Toilet Specifications A. Toilet units shall consist of a completely enclosed, well-vented structure, constructed out of minimum % inch thick fiberglass or plastic. B. Materials used for the construction of the unit shall be impervious to moisture. All construction joints shall be sealed to prevent any accumulation of filth, be resistant to wind and rain, and sufficiently strong so that cracks will not develop and absorb moisture, dirt, or urine during normal use. C. Container tanks shall be water-tight with outside vents. The tanks shall be constructed of heavy gauge galvanized metal, rigid plastic, or fiberglass. Container tanks shall be a minimum capacity of forty(40) gallons. D. Toilet units shall be in a separate compartment, which shall be equipped with toilet tissue holder, toilet tissue, toilet seat, urinal, door and door latch. E. Door shall be self-closing,tight fitting, and shall have an inside lock. F. Urinal and toilet seats shall have a non-absorbent finish and made of stainless steel, fiberglass, rigid plastic, or other substantial material. 3. Portable Toilet Servicing A. Servicing shall include the complete removal of all waste as necessary, cleaning, and the application of a commercial grade cleanser to the toilet seat. All seats, doors, walls, floors, and other exposed surfaces shall be cleaned and left in a sanitized condition. Chemical toilet waste tanks shall be recharged with sufficient quantity of chemicals to insure an odorless unit. Toilet units shall contain an adequate supply of toilet tissue. Remove and properly dispose of non-human waste materials B. Extreme care shall be taken by the Contractor to prevent any spillage of the waste tank contents during the cleaning process. In the event of spillage,the Contractor shall thoroughly cleanse the entire contaminated area. C. Waste removed from the chemical toilets under this contract shall be hauled off City of Yakima property or work site locations and disposed of in compliance with applicable federal, state, and local standards and regulations. D. Tip overs are to be addressed as soon as possible for a standard cost. Follow the regular cleaning requirements. 4. Schedule A. Winter(off season) October 15 to April 15 1. Locations i) Fisher Golf Course (823 S.4oth Ave.) 1 Standard Portable Toilet Unit ii) Gateway Softball Complex(1500 E. Maple St.) 1 Standard Portable Toilet Unit iii) Randall Park(48th Ave. Parking Lot) 1 Standard Portable Toilet Unit 1 ADA Regulation Toilet Unit iv) Randall Dog Park (S.48th Ave. & Washington Ave.) 1 Standard Portable Toilet Unit 2. Approximately 4 standard units and 1 ADA regulation unit (5 total units) 3. Clean once a week B. Spring/Summer/Fall (season)April 16 to October 14 1. Locations i) Kissel Park(South 32nd Ave. and Mead Ave.) 2 Standard Portable Toilet Units ii) Franklin Park 21st Ave. and Tieton Dr.) 1 Standard Portable Toilet Unit iii) Fisher Golf Course (823 S.40th Ave.) 1 Standard Portable Toilet Unit 22323 Rental and Servicing of Portable Toilets- Parks Page 6 of 19 iv) Chesterley Park(40th Ave. and River Rd.) 2 Standard Portable Toilet Units v) West Valley Park(1330 S. 80th Ave.) 2 Standard Portable Toilet Units vi) Kawanis Park(1500 E. Maple St.) 1 Standard Portable Toilet Unit vii) Randall Park(S. 48th Ave. Parking Lot) 1 Standard Portable Toilet Unit 1 ADA Regulation Toilet Unit viii) Randall Park(S. 44th Ave. Parking Lot) 1 Standard Portable Toilet Unit ix) Randall Dog Park(S.48th Ave. &Washington Ave.) 1 Standard Portable Toilet Unit 2. Approximately 12 standard units and 1 ADA regulation unit (13 total units) 3. Plus, additional rentals for events 4. Clean twice a week C. These are the portable toilets that are consistently used during these seasons. Weather conditions and events may require a change in dates. Also, events that come up may require additional portable toilets throughout the year. 22323 Rental and Servicing of Portable Toilets- Parks Page 7 of 19 V. QUOTE FORM Bidder Name: INVITATION TO QUOTE NO. 22323 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 90 CALENDAR DAYS. Quote your lowest price for the following: SCHEDULE 1—Standard Portable Toilet Unit Item Description Qty. UOM Total Unit Price No. (without tax) 1. Rental Rate on Standard Portable Toilet Unit 1 Day $ 2. 1 Week $ 3. 1 Month $ 4. Service Rate on Standard Portable Toilet Unit 1 Day $ 5. 1 Week $ 6. 1 Month $ 7. Damage beyond repair 1 Each $ Subtotal Schedule A: $ SCHEDULE 2—ADA Regulation Portable Toilet Unit 8. Rental Rate on ADA Regulation Portable 1 Day $ Toilet Unit 9. 1 Week $ 10. 1 Month $ 11. Service Rate on ADA Regulation Portable 1 Day $ Toilet Unit 12. 1 Week $ 13. 1 Month $ 14. Damage beyond repair 1 Each $ Subtotal Schedule B: $ Totals Schedule A&B: $ WSST—Destination Based 8.3%: S Grand Total Schedules A&B: $ 22323 Rental and Servicing of Portable Toilets- Parks Page 8 of 19 VI. SAMPLE CONTRACT AGREEMENT CITY OF YAKIMA 22323 Rental and Servicing of Portable Toilets THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal corporation ("City"), and , ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Statement of Work The 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 Quote 22323 Rental and Servicing of Portable Toilets. Specifications which are attached as Exhibit A, all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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 deliverables 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. Contract Term The period of this Contract shall be for a period of one (1) year from its effective date. The City may, at its option, extend the Contract on a year to year basis for up to two(2) additional years. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or unless the Services have been completed to the City's satisfaction prior to any automatic renewal. 4. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 5. Successors and Assigns a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the prior written consent of the other. b. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 7. Inspection, Production and Retention 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- 22323 Rental and Servicing of Portable Toilets- Parks Page 9 of 19 complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. 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. 8. Compliance with Law Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 9. Nondiscrimination Provision During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 22323 Rental and Servicing of Portable Toilets- Parks Page 10 of 19 10. 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. 11. 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. 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. 12. 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 shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and additional insured endorsements 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 22323 Rental and Servicing of Portable Toilets- Parks Page 11 of 19 ($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 endorsements 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 thirty (30) calendar days 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 endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VI' or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non-Owned coverage if necessary. c. Employer's Liability(Stop Gap) Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility. Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence $2,000,000 Annual Aggregate Automobile Liability $2,000,000 Per Occurrence 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. 22323 Rental and Servicing of Portable Toilets- Parks Page 12 of 19 13. 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. 14. Contract Documents This Contract, the Invitation to Quote 22323 Scope of Work, conditions, addenda, and modifications and Contractor's proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract. 15. 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;or Termination for Convenience The City may terminate the Contract, without cause, by providing 30 days written notice of termination. In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the City,the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund. Change in Funding In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the City may terminate this Contract by providing at least 22323 Rental and Servicing of Portable Toilets- Parks Page 13 of 19 five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 16. Dispute Resolution In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. 17. Re-Award When the contract is terminated by the Contractor upon providing the written notice as herein required, the City, pursuant to City ordinance, may re-award the contract to the next most responsible Proposer within 120 days from original award. When a Contractor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re-award the contract to the next most responsible Proposer within 120 days from original award. 18. Force Majeure Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. 19. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 20. Venue The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County, Washington. 21. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that they have 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. 22. Notice of Change in Financial Condition If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for Contract termination. 23. Change or Notice Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted price changes shall be made. In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any properly executed amendment. Notice of Business Changes: Contractor shall notify the City in writing within three(3) business days of any change in ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City in writing as soon as possible, and in no event later than three (3) business days, after any decision by the Contractor to change or discontinue service that will affect services provided to the City under this Contract. 22323 Rental and Servicing of Portable Toilets- Parks Page 14 of 19 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: COPY TO: TO CONTRACTOR: Project Manager Name Title Title City of Yakima City of Yakima 129 North 2nd Street 129 North 2nd Street Yakima WA, 98901 Yakima,WA 98901 24. Survival The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in accordance with their terms. IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written. CITY OF YAKIMA [ENTER CONTRACTOR NAME] By: City Manager Date: Date: Attest: (Print name) City Clerk List of Exhibits attached to this contract Exhibit A—Specifications Exhibit B—Contractor's Quote Form 22323 Rental and Servicing of Portable Toilets- Parks Page 15 of 19 EXHIBIT A SPECIFICATIONS EXHIBIT B CONTRACTOR'S QUOTE FORM 22323 Rental and Servicing of Portable Toilets- Parks Page 16 of 19 VII. SAMPLE INSURANCE AcRd CERTIFICATE OF LIABILITY INSURANCE DATE IIALM+YYYY) `r..*--- CURRENT DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NO7 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 poilcy(Iss}must heve ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy.certain policies may rewire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemsnt(s) PRODUCER D ACT INSURANCE AGENT INFORMATION INSURANCE AGENT ISSUING CERTIFICATE Fa,P.mNet ..ADDRESS nq{lt RISJ APPOREUH COVERAGE I NAIC e , 114340RCRA «-,rl,l OR BETTER,ADMITTED CARRIER IMeMtao NNsuR€R I _ Entity insured Address INSURER C: INSURER 0: INSURER E NRURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE PRICY 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 hEREW IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MEAT ;ADE/LAMS FOXY EI+i',..`.. P UNITS l TIPS Of INSURANCE ,MD YAM ►OUtCY NUNEaNR I ISEDNYYYI LAR Yl X I C0IYeISALa e 11 UABIUTY EACH ocea.RRENCE $ 2.000.000 CLAIM&MAOE I X I OCCUR 'PRE IEa smarimNeN # I°D.0114 i MED EIM r orlePHeNNb S 5.000 A1 POLICY NUMBER START STOP onisaNu a ACV INJURY s 1,000.000 OENrt AORRE'GATP.WIT APPLIES PER: DATE DATE ;0.'EYaER.al Mr t,RLYGATE $ 2,000 000 _x....... POLHCY.X I ICILOC PROCuCTS-COI AGO $ 2,ODO•OCAi HE I " a i ,COWL I A.LITOEDBILELleILRY _E��i RIIE0 IM}.R Liter # 2, ,000 rnadonlI X ANY Mir° BODILY Ml13FIY IPA.Pei )1 S A OWNED SCNEDLRSO POLICY NUMBER START STOP BODILY IUU m RY IFw. duel'I AWL*ONLY AUTOS 1e , - . # I. ,AUTOS ONLY I DATE DATE AUTOS ON.Y l>Iilr TFINFD l _.._ j LIIINNIELLA LIAR OCCUR ,EACNOCCUALB .E # _._.. I CIARMINAOE ,DID I NEWTONS I ROME=CIONPERTATION MUTE IXI WI' AND 10/401=0 LOWY y r _.. A OFFiCERI EeNGERERcLuDED? uTIVE NIA POLICY NUMBER *TART STOP EL EACH AC T # 1•C00000 aumelosey M DATE EL DISEASE-EABNPL.OYEil# 1.000,D00 pI+ss,�eaerr CFO S TOP GAP,EL ONLY DCS�IIPtIDN 9F OPERATIONS DOM EL DISEASE-FOXY tow"# 1.000.000 I DESCRIPTION OF OPERATIONS 7 LOCATIONS 7 VEHICLES/A001Y0/G1,Addl.ena+R«nvYi ScAsdde.nu/be sets awl I men apse+•Is nq.M,A The City of Yakirna,its agents,employees,authorized volunteers.elected and appointed officials are included as Pr aryiNc4i-Contributory additional Insured See attached Addltlortal Insured Endorsement CERTIFICATE HOLDER CANCELLATION SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cry OrYWIS Purchasing Department AAITNOII=t D RpREIENTATTVE 129 N 2nd SI. Yakima,WA 9B501 SIGNATURE Cr 19SS-2015 ACORD CORPORATION. All rights reserved. ACORD 25(201 6d03) The ACORD name and logo ars registered marks of ACORD 22323 Rental and Servicing of Portable Toilets- Parks Page 17 of 19 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Organ Izatlon(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 rs emended to B. With respect to the insurance afforded to these include as an additional insureti;the persons) or additional insureds, the following additional exclu- organization(s) shown in the $cheduie,'tut only sions apply: with respect to liability for "bodkusury, "property This insurance does not apply to "bodily injury' or damage' or 'personal and adwrdsing injury' "property damage"occurring after: caused,in whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insureds) at the locations) desig- covered operations has been completed;or Hated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or auhrnntrar$ry Pn- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 0 22323 Rental and Servicing of Portable Toilets- Parks Page 18 of 19 POLICY NUMBER:CGD300084907 COMMERCIAL GENERAL UABILITY CG 24 04 12 19 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 PRODUCTSICOMPLETED 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 persons) or organization(sI shown in the Schedule above_ CG 24 04 12 19 ®Insurance Services Office,Inc_, 2018 Page 1 of 1 22323 Rental and Servicing of Portable Toilets- Parks Page 19 of 19 EXHIBIT B - CONTRACTOR'S QUOTE FORM 22323 Rental and Servicing of Portable Toilets- Parks Page 9 of 9 = CITY OF YAKIMA INVITATION TO QUOTE #22323 COVER SHEET THIS IS NOT AN ORDER QUOTE'Release Date:July 24, 2023 Quote Receipt: Quotes can be emailed to: Christina.paver(avakimawa.gov Late Quotes will not be accepted or evaluated. Quotes shall be firm for acceptance for ninety (90)days from date of Quote opening, unless otherwise noted Quote openings are not public. Purchasing For: Buyer in charge of this procurement(Contact for further information): City of Yakima Parks and Recreation Christina Payer, CPPB 2301 Fruitvale Blvd. Buyer II Yakima, WA 98902 Quotes Must be completely uploaded by: Phone E-Mail Address August 7, 2023, 11:00:0o AM PST (509) 576-6696 christina.payer(cr7yakimawa.gov Public Opening 0 NO PROJECT DESCRIPTION SUMMARY Rental and Servicing of Portable Toilets Enter Prompt Payment Discount: -f� %net a)days We/I will complete delivery within I days after receipt of order. ❑Check if you are a WMBE or DBE Vendor and list certification Number: I hereby acknowledge receiving addendum(a) a A 3 , (9\ , (use as many spaces as addenda received) In signing this Quote we also certify that we have not,either directly or indirectly,entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;that no attempt has been made to induce any other person or firm to submit or not to submit a 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 Quotes 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 (1* `C_ Q,t(IC J_�.C� tD � � ()lb- INlQ , Ifii. grgi6 Name of Authorized pang Re resentative(Type or Print) Tie 3hau.� o t t W\UOjt. �a'te Fax ( DC/ ) AB' I ld,t Signature of Above Date Email Address '5,2-1A u)'► P l� S��Ct Itia @ 0/40 - `6. e,a01 22323 Rental and Servicing of Portable Toilets- Parks Page 1 of 19 V. QUOTE FORM \ ! att n ` �_ 30)10\t il�L `� I Bidder Name: INVITATION TO QUOTE NO. 22323 TO BIDDER: PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL QUOTES AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE QUOTED. THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN 90 CALENDAR DAYS. Quote your lowest price for the following: SCHEDULE 1—Standard Portable Toilet Unit Item Description Qty. UOM Total Unit Price No. (without tax) 1. Rental Rate on St ndard Portable T_ oi�lgtU it 1 Day $ 6-5 E 2. 1 7Q N& II 60 `!p IA0 � 1 Week $ '�` 3. \ - NA iJIF � 1 Month $ - /� 4. Service Rate on tand�rd Poo table Toilett Unit 1 Day $ 15 / / 5. VArift-hVS ei iii � 1 Week $ 6. .6.A 13- -yl , Icy � I 1 Month $.i eltWt 7. Damage beyond repair ' OW/ 1 Each $ LOW, + nn , 2•,w Subtotal Schedule A: $ M;W SCHEDULE 2—ADA Regulation Portable Toilet Unit 8. Rental Rate on ADA Regulation Portable 1 Day $ f)D,0 Toilet Unit 9. n y� • 1 Week $ 1 10. �"c V. � 400E 1 Month $ qD . 11. Service Rate on ADA Regulation Portable 1 Day $ I r: / �� Toilet Unit/ +n� n `� y 11DJ�(�I�_ I'l� 12. c_0 in I I 41/ 1 Week $ g-i�1u 13. 1 Month $ 7y�/t I(a 14. Damage beyond repair 1 Each $ It)Obi// _ Subtotal Schedule B: $ 149) 1-0 Totals Schedule A&B: slam � J - 'f fYt\lyan toil Emit WSST-Destination Based 8.3%: S Grand Total Schedules A&B: $ io 22323 Rental and Servicing of Portable Toilets- Parks Page 8 of 19 �..IN VALLSEP-02 MLOVER A`C„�R� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 023YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Terril,Lewis&Wilke Insurance,Inc. PHONE FAX P.O.Box 1789 (A/c,No,Ext):(509)248-3515 I(A/c,No):(509)248-3673 Yakima,WA 98907 E-MAILDESS:certs@tlwins.com INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Union Insurance Company 25844 INSURED INSURER B:Continental Western Insurance CO 10804 Valley Septic Service LLC INSURERC: A-1 Sewer Service;Selah Septic Service PO Box 10115 INSURER D: Yakima,WA 98909 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYY) ((dMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPA6055252 4/20/2023 4/20/2024 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 CMBINED B AUTOMOBILE LIABILITY Ea accdentSINGLE LIMIT $ 1,000,000 X ANY AUTO CPA6024193 4/20/2023 4/20/2024 BODILY INJURY(Per person) $ - OWNED SCHEDULED AUTOS ONLY AUTOS BODILYBODILY INJURY(Per accident) $ AU- TOS ONLY _ AUUTOS ONLYY PROPERTY DAMAGE (Per ccident) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE CPA6055252 4/20/2023 4/20/2024 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY CPA6055252 4/20/2023 4/20/2024 1,000,000 ANY OFFICER/MEMBER EXCLUDED,ECUTIVE Y/N N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Yakima,its agents,employees,authorized volunteers,elected and appointed officials arincluded as Primary/Non Contributory additional insured perform CLCG2067 1021 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 129 N 2nd St Yakima,WA 98901 AUTHORIZED REPRESENTATIVE 1--- 4 M f� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CLCG20671021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING AND COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended such additional insured will not be to include as an additional insured any person(s) broader than that which you are required or organization(s) when you are obligated by by the contract or agreement to provide Virtue of a written contract or agreement that such for such additional insured. person(s) or organization(s) be added as an For purposes of this endorsement,throughout the additional insured to your policy. policy, the terms "you" and "your" refer to the Such person(s)or organization(s)is an additional Named Insured shown in the Declarations. insured only with respect to liability for "bodily B. Exclusions injury" or "property damage" or "personal and advertising injury" caused,in whole or in part by: With respect to the insurance afforded to these 1. Acts or omissions of the Named Insured; additional insureds, the following additional or exclusions apply to "bodily injury"and "property damage" arising out of: 2. The acts or omissions of those acting on 1. The rendering of or failure to render any behalf of the Named Insured; professional services by you or on your in the performance of the Named Insureds behalf, but only with respect to either or both ongoing work and/or included in the "products of the following operations: completed operations hazard" a. Providing engineering, architectural or This insurance applies only when you are surveying services to others in your required to add the additional insured by virtue of capacity as an engineer, architect or a written contract or agreement, provided the surveyor; and contract or agreement is: b. Providing, or hiring independent 1. Currently in effect or becomes effective professionals to provide, engineering, during the term of this policy; and architectural or surveying services in 2. Was executed prior to the"bodily injury" connection with construction work you or "property damage" or "personal and perform. advertising injury". This exclusion applies even if the claims against However: any insured allege negligence or other wrongdoing in the supervision, hiring, a. The insurance afforded to such additional employment, training or monitoring of others by insured only applies to the extent that insured, if the"occurrence"which caused the permitted by law; and "bodily injury" or "property damage", or the eprovided to the additional offense which caused the "personal and b. If coverage advertising injury", involved the rendering of, or insured is required by a contract or agreement, the insurance afforded to CL CG 20 6710 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. the failure to render, any professional D. Other Insurance architectural, engineering or surveying services. For purposes ofthis endorsement,the following is 2. Subject to Paragraph 3. below, professional added to the Section IV-Commercial General services include: Liability Conditions, 4. Other Insurance a. Preparing, approving, or failing to condition and supersedes any provision to the contrary: prepare or approve, maps, shop drawings, opinions, reports, surveys, This insurance is excess of all other insurance field orders, change orders, or drawings available to an additional insured whether on a and specifications; and primary, excess, contingent or any other basis. b. Supervisory or inspection activities But, if required by a written contract or written performed as part of any related agreement to be primary and noncontributory,this architectural or engineering activities. insurance will be primary to and will not seek contribution from any insurance on which the 3. Professional services do not include services additional insured is a Named Insured. within construction means, methods, No other coverage or limit in the policy applies to techniques, sequences and procedures loss or damage insured by this coverage. employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., CL CG 20 6710 21 with its permission.