HomeMy WebLinkAboutMBI Construction Service, Inc. - Contract - PW Bldg. 5 HVAC Replacement Project CONTRACTC
THIS AGREEMENT, made and entered into in triplicate, this-DR day ofMAY[A() 2024, by and between the
City of Yakima, hereinafter called the Owner, and MBI Construction Service, Inc., a Washington Corporation,
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,
the parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools,materials,labor and equipment for THE BID AMOUNT OF:$79,448.88,
for Public Works Bldg. 5 HVAC Replacement Project, City Project No. 2785, all in accordance with, and as described in the
attached specifications and the 2024 Standard Specifications for Road, Bridge, and Municipal Construction which are by this
reference incorporated herein and made a part hereof,and shall perform any alterations in or additions to the work provided
under this contract and every part thereof.
Work shall start within ten(10)days after the Notice to Proceed and shall be completed in twenty(20)working days.The first
chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the
Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as
liquidated damages.
The Contractors 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 for constructing 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.
II. The City of Yakima hereby promises and agrees with the Contractor to employ,and does employ the Contractor to provide
the materials and to do and cause to be done the above described work and to complete and finish the same according to the
attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same
according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the
manner and upon the conditions provided for in this contract.
III. INDEMNIFICATION. The Contractor shall release,indemnify,defend,and hold harmless the City,its elected and appointed
officials,officers,employees,agents,representatives,insurers,attorneys,and volunteers from all liabilities,losses,damages,and
expenses related to all claims,suits,arbitration actions,investigations,and regulatory or other governmental proceedings arising
from or in connection with this Agreement or the acts,failures to act,errors or omissions of the Contractor,or any Contractor's
agent or subcontractor,in performance of this Agreement,except for claims caused by the City's sole negligence.
a. 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.
b. 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.
c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any
third party.
d. The terms of this Section shall survive any expiration or termination of this Contract.
IV. The Contractor for himself,and for his heirs,executors,administrators, successors,and assigns,does hereby agree to the
full performance of all the covenants herein contained upon the part of the Contractor.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as
expressly provided herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written.
Countersigned:CITY OF YAKIMA CONTRACTOR
this 'allday of mph 2024.
MBI Construction Services a Inc Corporation
Constr 'on Company
By: IX, —10
—/
Cit nature C tractor Signature
1DCvje. Z(y`rj-e u Joseph L Menard
(Printed Name) `.v..lk,y (Printed Name)
Attest: /0, * II
�. ` 0 sf, 1 i��•, 2 i.1 ..S£.A I" *,Its: Owner/President
v.
City Clerk liIs y r„a,,,o S (President,Owner,etc.)
I% `` 1p s
/ '�►/�/� Address: 2016 Fruitvale Blvd.
CITY CONTRACT NO: da9A,• a 1I." CD
RESOLUTION NO: N I r,
Yakima, WA. 98902