HomeMy WebLinkAboutKnobel's Electric, Inc. - Agreement 22204S Miller Park Basketball Court Lighting ProjectAGREEK8GNT222D4S
MILLER PARK BASKETBALL COURT LIGHTING PROJECT
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Knobel's Electric, Inc., ("Contractor").
WIT ESSBH: The parties, in consideration of the terms and conditions homin, do hereby covenant and ugmo as
1. Scope of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively
referred to as "Services") according to the procedure outlined in the specifications Titled Miller Park Basketball Court
Lighting Project and the quote donumnnts, which are all attached and incorporated herein on Exhibit A, and any
applicable construction standard(s), which are by this reference incorporated herein and made a part hereof,and shall
perform any alterations in or additions to the work provided under this Contractand every part thereof.
Work is estimated to be complete by August 31' 2022. Final work schedule uh8|| be coordinated with Project
Coordinator Ken Wilkinson, Park and Recreation Manager, ot(5O9) 576'6410.
The Contractor shall provide and bear the expense of all equipment; work and labor of any soft 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.
%. Compensation
The City agrees to pay the Contractor according to Exhibit B. attached hereto and incorporated herein' which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the
time and inthe manner and upon the conditions provided for the Contract.
3. Change Orders
Any proposed change in this Contract shall be submitted to the other party, as listed herein, for its prior written approval.
If approved, change will be made by 3 contract modification that will bnonmn effective upon execution by the parties
hereto. Any oral statement orrepresentation changing any nfthese terms or conditions is specifically unauthorized
and is not valid. Contractor may be required to provide a detailed cost estimate for the proposed change.
4. Agency Relationship between City and Contractor
Contractor shall, at all Umeo, be on independent Contractor and not an agent orrepresentative ofCity with regard to
performance nfthe 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.
S. Successors and Assigns
^' u. Neither the City, nor the Controdor, shall aumi0n, transfer, orencumber any hgNS, duties, or interests
accruing from this Contract without the prior written consent nfthe other.
U. 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.
6. Property Rights
All records nrpapers 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
QUOTE oouows__m|LLEnPARK BASKETBALL LIGHTING PROJECT
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 and Production ofRecords
a. The records relating to the 8omicoa shall, at all Umou, be subject to inspection by and with the approval
ofthe 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 Snm|oeu in unoondanC8 with this Contract,
notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the
ease ofits discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the City. Contractor's moondn relating to the Services will be
provided tnthe City upon the City'srequest.
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 ofState'x record retention ooUnUu|o. Contractor shall retain and provide the
City access to /en0 the City Sh8U have the right to examino, audit and copy) all of Contractor's bunks'
duoumonta, papers and records which are related to the Services p8donnod by Contractor under this
Contract.
o. All records relating toContractor's services under this Contract must bomade available |othe City, and
the records relating tnthe Services are City OfYakima records. They must Uoproduced 10third parties,
if required pursuant tothe Washington State Public Records Ao, CUaptor42.58 RCVV. or by |8w. All
monndo m|aL|nO to Contractor's services under this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary of3tate'o nmondx retention
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall beconsidered work made for hire, and shall Ue the property
ofthe City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces inconnection with this Contract. Oncompletion ortermination ofthe Contract,
the Contractor shall deliver these materials Vothe City.
9. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
1lCompliance with Law
Tothe extent applicable, all equipment 0rmaterials shall comply with VVaoh|ngkm State vehicle regulations, Federal
regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes.
Contractor agrees tU perform all Services under and pursuant Nthis Contract in full compliance with any and all
applicable laws, rules, and regulations adopted orpromulgated byany governmental agency nrregulatory body,
whether federal, state, local, Orotherwise. Contractor shall procure and maintain all applicable and necessary permits,
|iconuHu and epp0vG|S 0fany federal, State. and |oo3| 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.
8. Procurement Uf8City Business License. Contractor must maintain aCity ofYakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
\
QUOTE 22204S _MILLER PARK BASKETBALL LIGHTING PROJECT 2
c Contractor must provide proof ofavalid Washington department ofRevenue state excise tax registration
number, oorequired inTitle 85RCVV.
d. Contractor must provide proof of a valid Washington Unified Business Identification (U8|) number.
Contractor must have a current U8| number and not he disqualified from bidding on any public works
contract under RCVV39.00.O1OOr3912.0O5(3).
e. Contractor must provide proof of o valid Washington Employment Security Department number on
required byTitle 5ORCVV.
11. Prevailing Wages
The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work.
a. RCYV3912.O1U'the Prevailing Rate nfWage. It |osolely the responsibility ofthe Contractor to
determine the appropriate prevailing wage rate for the services being provided.
b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid, Before
an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay
Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a
public work project, ondbefomanyfina|mOn8yiSdiabumod.naohContnsntUr8ndGubnontnuohormust
submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and
Industries.
c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged bythe
Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall
be the responsibility of the Contractor.
The State of Washington prevailingwage rates applicable for this public works project, which is located in Yakima
County, may be found at the following website address of the Department of Labor and Industries:
8eooU on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of
determining prevailing wages is the quote date, November 1, 2021.
A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office,
located Gk120N2ndStreet, Yakima, VVA98S01. Upon request, the City will mail ahardoopyofthe applicable prevailing
wages for this project.
12. Certified Payroll
Upon request bythe City orbvGnInterested Party, copies of certified payroll shall bo provided to City, with employee
information such as last name, SSN and address, redacted in accordance with the Public Records Act, RCW42,56.230,
inorder toprovide for public records requests.
(1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance ofthe public works
project bvthe contract awarding agonny, showing the name, address, Social Security number, trade oroccupation,
straight time rate, hourly rate ofusual benefits GS defined by VVAC worked each
day and week, including any employee authorizations executed pursuant to VVAC the actual rate nY
wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works
project.
(2)AContractor shall, within ten days after it receives awritten request, from the department nrfrom any interested
party as defined by RCVV 8 certified copy ofthe puym|| records with the agency that awarded the
public works contract and with the department.
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
3
(3)AContractor's noncompliance with this section shall constitute aviolation of RCW��D
13. Nondiscrimination
During the performance ofthis Contract, the Contractor agrees aufollows:
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 aonoory, mental or pkyuiC8| handicap in violation of the Washington State Law Against
Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 LISC 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
0|8S, regulations, or orders, this Contract may be C8nno|led. Vomninated, or suspended in whole Or in part and the
Contractor may be declared ineligible for any future City contracts.
14. Pay Transparency mondbchminadoop,oxision
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they
have inquired about, diaouueed, or disclosed their own pay or the pay ofanother employee or applicant. Howevor,
employees who have unoeoa to the compensation information of other employees or applicants as o part of their
essential job functions cannot disclose the pay ofother employees nrapplicants to individuals who do not otherwise
have access tocompensation information, unless the disclosure in(o)inresponse (naformal complaint nrcharge, (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,
15. Indemnification and Hold Harmless
o. Contractor shall take all necessary precautions in performing the Services to prevent injurytopersonsor
property. The Contractor agrees to na|enoe. inUnmnJv. Uefend, and hold hann|oam the Citv, 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.
The City'n right tnindemnification includes attomey'afeos costs associated with establishing the right to
indemnification hereunder infavor ofthe City.
b. |fany suit, judgment, onUon. claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
omp|oyeon, agents, attorneys Orvolunteers, pursuant hothis Contract, each party shall be liable for its
proportionate share nfnegligence for any resulting Suit judgmont, oct|on, c|aim, demand, damages or
costs and expenses, including reasonable attorneys' fees.
n. 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 aot. 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 acto, disability benefit 3oto or any other benefits acts Or programs.
Contractor shall require that its subcontractors, and anyone directly orindirectly employed or hired by
Cnn\rentOr, 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
4� \— —v
QUOTE 22204S __ MILLER PARK BASKETBALL LIGHTING PROJECT 4
RCVV and assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
inthe event ofliability for damages arising out ofbodily injury hopomnnanrUemagosh3pmpodycauoeU
by or resulting from the concurrent negligence ofthe Contractor and the City, the Contractor's |iabi|dy,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
o. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification inany third party.
t The terms of this Section shall survive any expiration or termination of this Contract.
16. Contractor's Liability Insurance
At all Vm8S during pohonn3noo of the Services and this Contract, Contractor shall S8oun3 and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, |VSS8S' and expenses
arising out nfnrresulting from the performance ofthis Contract. Contractor shall provide and maintain inforce
insurance in limits no less than that stated b8|0w' as applicable. The City reserves the right to require higher limits
should itdeem itnecessary inthe best interest ofthe public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. Acopy ofthe additional insured endorsement attached 0zthe policy will beincluded with the certificate.
This Certificate of insurance shall be provided to the City, prior to commencement of work.
The following insurance is required:
a. Commercial Liability Insurance. Before this Contract is fully executed bythe parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injuryand
property damage, and Two Million Dollars ($2.000.000.00 Oomaru| aggregate. IfContractor 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 umount, the policy number, and when the policy and provisions provided are in effect. Said
policy Sh8|| be in effect for the duration of this Contract. The policy Sh8|| 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 notion. The insurance shall be with on insurance company or companies rated A'V|| or
higher in Bao1'o Guide and admitted in the State of Washington. The requirements contained kemin, on
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 iufully executed by the puhiou. Contractor shall
provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum
liability limit ofTwo Million Dollars ($2.00O'0OO.OU)per occurrence. |fContractor carries higher coverage
limits, such limits shall be shown on the Certificate 0fInsurance and Endorsements and the Qk/. its
elected and appointed NffiCia|o, omployooa, agnnts, attorneys and volunteers shall be named as
additional insureds for such higher limits. The CHdiUueha shall u|nady state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are ineffect. Said
policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its
elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
oho|| contain 8 clause that the insurer will not o8ncH| or change the insurance without first giving the City
/� [-.m��3
QUOTE eezu4a_]MILLER PARK BASKETBALL LIGHTING PROJECT
5
prior written notice. The insurance oh3| be with an insurance company or companies rated A-VU or
higher in 8oeYe Guide and admitted in the State ofWashington. The requirements contained hova|n, 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.
o. Employer's Liability (Stop Gap). Contractor and all Subcontractor(s) shall at all times comply with all
applicable wmdmne' componuudon, occupational din83ao. and occupational health and safety |awa,
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 Suhunntrantor(u). Contractor is responsible to onuun8 Subcontractor(s) have
insurance anneeded. Failure of Subcontractors(s) to comply with insurance requirements does not limit
Contractor's liability or responsibility.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, or self-insurance maintained by the City shall be in excess of the Contractor's insurance
and shall not contribute toit.
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.
orSevembility
If any term or condition of this Contract 0rthe application thereof to any pemon(s)mcircumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect withoutthe invalid term,
condition Orapplication. Tothis end, the terms and conditions ofthis Contract are declared severable.
18. Contract Documents
This Contract, the Invitation to Quote #21904G. Scope of VVork, conditions, adUonda, and modifications and
Contractor's proposal (to the extent consistent with Yakima City documents) constitute the Contract Documents and
are complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively,
supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing
Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
19. Termination 'Convenience
Termination for Cause
The City reserves the
right boterminate this Contract atany time inthe event that the Services nfContractor are
deemed by the City tohnunsatisfactory, orupon failure to perform any of the terms and conditions contained inthis
Contract by providing written notice and the Contractor fails to cure its breach within 30 days of the notice. The
effective date for such termination shall be upon receipt of the notice, or three days after the notice is mailed first
class mail, certified with return receipt requested.
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 8Odays Ufthis notice.
The following represents o non-exclusive, illustrative list of instances that Sh8U be considered 8 breach by the
Contractor:
a. Defaults on an obligation under the Contract;
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
6
b. Fails hoperform 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 lien not to be disputed after a legal |y'imposed, 30'd8y
notice;
n. Makes anassignment for the benefit of creditors;
f. Fails to follow the sales and use tax ceIrtification requirements of the State of Washington;
g. Incurs adelinquent Washington tax liability;
h. Becomes aState orFederally debarred Contractor;
i |sexcluded from federal procurement and non -procurement Contracts;
i Fails to maintain and keep in force all required inounence, permits and licenses as provided in the
Contract;
k. Fails to maintain the confidentiality of the City infnnn8UUn that is considered to be Confidential
Information, proprietary, Orcontaining Personally Identifiable Information;
|. 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, byproviding 3Odays 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 CnntnsnL The Contractor shall also be compensated for partially onmp|nhuU uom|000. In this ev8nt,
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 tnbopaidwithin30doyonfwridonnotion0othoContr3o1nrmquestingtUomfund.
Chai1qe 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 bvproviding atleast five business days written notice Vuthe Contractor. The termination shall beeffective
on the date specified in the notice of termination.
20. Federal Funding
On the basis of the federal funding that |sa part of the funding for the goods and services provided bythe Contractor
under this Agreement, and k>assure compliance with all federal regulations associated with services compensated
with federal funds, the Contractor must also comply with the specific provisions of Common Rule, the Office of
Management and Budget (OMB) 2 CFR2OU' Attachment A, pO|iCiSS, procedures and directives, which are fully
incorporated herein. The contractor's failure to so comply shall constitute a material breach of this agreement.
If there isany conflict between the terms expressed in this primaryAomement and those set forth in 2CFR200.the
terms and conditions of the most stringent clause shall prevail.
22. FoneMajeure
Contractor will not boresponsible for delays in delivery due to acts of God, fire, Strikes, Epidemics, war, riot, delay in
transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of such pending
nractual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for
operiod equal bo the time lost due kJthe reason for delay.
QUOTE 22204S "I MILLER PARK BASKETBALL LIGHTING PROJECT
7
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
22. Venue
The venue for any action to enforce orinterpret this Contract shall lie in 8COmp8tent jurisdiction in Yakima County,
YVooUing0nn.
23. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants thathe/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the 0anne, pehhnnoncnS and
provisions ofthis Contract.
]4.motice
Any notice required orpermitted b)bogiven under this Contract shall b8inwriting and deemed effective ifeither delivered
in person or by overnight courier, facsimile or first class mail, certified with return receipt requested. Notices hnthe parties
shall be delivered to:
TO CITY: City ofYakima Purchasing
129North Second Street
Yakima, WA 98901
TO CONTRACTOR: V—T,�O
r.
to I
25. Survival
The foregoing meoUnnS of this Contract, 1-24 ino|usivo, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract asof the day and year .
_CITY Of_ _
^�
City Manager
RESOLUTION NO:
CITY CONTRACT NO:
js�r,rint name
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
8
ATTACHMENT A
Federal Funding
When spending Federal Funding, the City complies with and has a separate policy
for "Uniform Administrative Requirement, Cost Principals, and Audit Requirements
for Federal Awards", published in Title 2 of the Code of Federal Regulations, (2
CFR 200), specifically 2 CFR 200.318 through 200.326. ALL GRANTS ARE
DIFFERENT, so one size does not fit all. Some grants simply require you to use
your own procurement rules, while others require you to insert their contracting
clauses into your contract.
2 CFR 200 Procurement Standards for when utilizing Federal Funds
(Adapted to comply with 200,318 through 200.326)
200.318 General procurement standards.
200.319 Competition.
200.320 Methods of procurement to be followed.
200.321 Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms.
200.322 Procurement of recovered materials.
200.323 Contract cost and price.
200.324 Federal awarding agency or pass -through entity review.
200.325 Bonding requirements.
200.326 Contract provisions.
General procurement standards. (Adapted from §200.318)
A. Conform to Federal Law: The City uses its own documented procurement procedures which reflect
applicable State, local, laws and regulations, providing for procurements that conform to applicable
Federal law and the standards identified in these Procurement Standards.
B. Oversight: City Attorney shall maintain oversight when procuring Equipment, Materials, Services and
Limited Public Works, to ensure that contractors perform in accordance with the terms, conditions,
and specifications of their contracts or purchase orders.
C. Conflict of Interest: City maintains written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award and administration of
contracts in the City. In addition, no employee, officer, or agent may participate in the selection,
award, or administration of a contract supported by a Federal award if he or she has a real or apparent
conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in or a tangible
personal benefit from a firm considered for a contract.
The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts.
D. Organizational Conflicts of Interest: If the City has a parent, affiliate, or subsidiary organization that
is not a state, local government, or Indian tribe, the City maintains written standards of conduct
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
9
covering organizational conflicts of interest. Organizational conflicts of interest means that because
of relationships with a parent company, affiliate, or subsidiary organization, the City entity is unable
or appears to be unable to be impartial in conducting a procurement action involving a related
organization.
E. Most Economical Approach: The City must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase
alternatives, and any other appropriate analysis to determine the most economical approach.
F. Intergovernmental Procurements: To foster greater economy and efficiency, and in accordance with
efforts to promote cost-effective use of shared services across the Federal Government, the City is
encouraged to enter into state and local intergovernmental agreements or inter -entity agreements
where appropriate for procurement or use of common or shared goods and services.
G. Federal Surplus: The City is encouraged to use Federal excess and surplus property in lieu of
purchasing new equipment and property whenever such use is feasible and reduces project costs.
H. Value Engineering: The City is encouraged to use value engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost reductions, Value
engineering is a systematic and creative analysis of each contract item or task to ensure that its
essential function is provided at the overall lower cost.
Responsible Contractor: The City must award contracts only to responsible contractors possessing
the ability to perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public policy,
record of past performance, and financial and technical resources. See also § 200.213 Suspension
and debarment.
Records: The City must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the
contract price.
K. Time and Materials Contracts: The City entity may use a time and materials type contract only after
a determination that no other contract is suitable and if the contract includes a ceiling price that the
contractor exceeds at its own risk, Time and materials type contract means a contract whose cost to
a City is the sum of:
i. The actual cost of materials; and
ii. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
L. Ceiling Price: Since this formula generates an open-ended contract price, a time -and -materials
contract provides no positive profit incentive to the contractor for cost control or labor efficiency.
Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further,
the City awarding such a contract must assert a high degree of oversight in order to obtain reasonable
assurance that the contractor is using efficient methods and effective cost controls.
M. Issues: The City alone must be responsible, in accordance with good administrative practice and
sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests, disputes,
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
..........
and claims. These standards do not relieve the City ofany contractual responsibilities under its
contracts, The Federal awarding agency will not substitute its judgment for that of the City unless the
matter is primarily Federal concern. Violations oflaw will be referred to the |oma|, stoVo, or Federal
authority having proper jurisdiction.
[78FR78SO8.Dec. 2G.2O13.auamended ot7&FR75885.Dec, 10.2O14�8OFIR 433O0.July 22.%O15]
2' Competition. (Adapted from §2OO.31S)
A. Full and [)paM petition: procurement transactions must baconducted inamanner providing
full and open competition consistent with the standards ofthis section. |norder toensure objective
contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
apecificaUono, requiremento, statements of work, or invitations for bids or requests for proposals must
be excluded from competing for such procurements. Some of the situations considered to be
restrictive of competition include but are not limited to:
B. Placing unreasonable requirements onfirms in order for them to
qualify to do business;
C. Requiring unnecessary experience and excessive bonding;
D. Noncompetitive Fricimq: Noncompetitive pricing practices between firms or between affiliated
E. Noncompetitive Contracts: Noncompetitive contracts to consultants that are on retainer contracts;
F, Orqanlizational conflicts of�interest:
G. Brand Name: Specifying only a "brand name" product instead of allowing "an equal" product to be
offered and describing the performance or other relevant requirements of the procurement; and
M. Arbitrary Actions: Any arbitrary action in the procurement pnooeoo,
L Gemq0aphica|lPrehemences: The City will conduct procurements inamanner that prohibits the use of
statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation
of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or
encourage geographic preference. Nothing in this section preempts state licensing laws. When
contracting for architectural and engineering (A/E) services, geographic location may be a selection
criterion provided its application leaves an appropriate number ofqualified firms, given the nature
and size ofthe project, tncompete for the contract.
J. The City ensures that all solicitations:
i Incorporate oclear and accurate description of the technical requirements for the material,
product, orservice to be procured. Such description must not, in competitive proounements,
contain features which unduly vaathni competition. The description may include o statement
of the qualitative nature of the moteha|, product or eon/ioo to be procured and, when
necennory, must set forth those minimum aeeanda| characteristics and standards to which it
� .��_
LQUIOTE22204S ,MILLER PARK BASKETBALL LIGHTING PROjECT
must conform if it is to satisfy its intended use. Detailed product specifications should be
avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate
description of the technical requirements, a "brand name or equivalent" description may be
used as a means to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly stated; and
I ; Identify all requirements which the offerors must fulfill and all other factors to be used in
evaluating bids or proposals.
III. The City ensures that all prequalified lists of persons, firms, or products which are used in
acquiring goods and services are current and include enough qualified sources to ensure
maximum open and free competition. Also, the City must not preclude potential bidders from
qualifying during the solicitation period.
[78 FR 78608, Dec, 26, 2013, as amended at 79 FR 75885, Dec, 19, 2014]
3. Methods of procurement to be followed. (Adapted from § 200.320 )
The City must use one of the following methods of procurement.
A. Procurement by rnicro-purchases. Procurement by micro -purchase is the acquisition of supplies or
services, the aggregate dollar amount of which does not exceed the micro -purchase threshold
(§ 200.67 Micro -purchase). To the extent practicable, the City must distribute micro -purchases
equitably among qualified suppliers. Micro -purchases may be awarded without soliciting competitive
quotations if the City considers the price to be reasonable.
B. Procurement by small purchase procedures. Small purchase procedures are those relatively simple
and informal procurement methods for securing services, supplies, or other property that do not cost
more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate
quotations must be obtained from an adequate number of qualified sources.
C. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all
the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid
method is the preferred method for procuring construction, if the conditions in paragraph (J)(i) of this
section apply.
i. In order for sealed bidding to be feasible, the following conditions should be present:
1) A complete, adequate, and realistic specification or purchase description is available;
2) Two or more responsible bidders are willing and able to compete effectively for the
business; and
3) The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
4) If sealed bids are used, the following requirements apply:
a) Bids must be solicited from an adequate number of known suppliers, providing
them sufficient response time prior to the date set for opening the bids (11 days
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
for the City in2issues and 13days for the County in2issues)~The invitation for
bids must bepublicly advertised;
b) The invitation for bidu, which will include any specifications and pertinent
attauhmento, must define the items or services in order for the bidder to properly
respond;
o) All bids will boopened atthe time and place prescribed kn the invitation for bids,
and opened pub|kdy�
d) Afirm fixed price contract award will bemade inwriting bothe lowest responsive
and responsible bidder. Where specified inbidding documents, factors such aa
diaununtu, transportation coot. and life cycle onota must be considered in
determining which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
e) Any or all bids may be rejected if there is a sound documented reason.
D. Procurement by competitive proposals. The technique of competitive proposals is normally
conducted with more than one source submitting an offer, and either a fixed price or cost -
reimbursement type contract is awarded. It is generally used when conditions are not appropriate for
the use of sealed bids. If this method is used, the following requirements apply:
Requests for proposals must be publicized and identify all evaluation factors and their
relative importance. Any response to publicized requests for proposals must be considered
to the maximum extent practical;
ii Proposals must besolicited from anadequate number ofqualified sources;
8i The City must have a written method for conducting technical evaluations of the proposals
received and for selecting recipients-,
k/Contracts must baawarded hnthe responsible firm whose proposal ismost advantageous
to the program, with price and other factors considered; and
v. The City may use competitive proposal procedures for qualifications -based procurement
ofarch dactunoVenginaahng(A/E)professional services whereby competitors' qualifications
are evaluated and the most qualified competitor is oe|ected, subject to negotiation of fair
and reasonable compensation. The method, where price ionot used aoaselection factor,
can only be used in procurement ofA/E professional oamioeo. It cannot be used to
purchase other types of services though /VE firms are o potential source to perform the
proposed effort.
VLProcurement bynoncompetitive proposals. Procurement bynoncompetitive proposals ia
procurement through solicitation of a proposal from only one source and may be used only
when one or more of the following circumstances apply:
1)The item is available only from a single source;
2)The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
I'll —_ I'll -I'll L___
GUOTE 22204S .--MILLER PARK BASKETBALL LIGHTING PROJECT 13
3)The Federal awarding agency or pass -through entity expressly authorizes
noncompetitive proposals in response to a written request from the City; or
4)After solicitation of a number of sources, competition is determined inadequate,
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015]
4. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms. (Adapted from § 200.321)
A. The City must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used when possible.
B. Affirmative steps must include:
Placing qualified small and minority businesses and women's business enterprises on
solicitation lists (forward requests to Purchasing);
Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources. Log onto WWW.MDT.MT.GOV and search
their database for any potential vendors. Click on "Doing Business";
.; Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce, and Office of Minority & Women's Business Enterprises; and
v. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (i) through (ii) of this section.
5. Procurement of recovered materials. (Adapted from § 200.322 )
The City must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
6. Contract cost and price. (Adapted from § 200.323)
A. The City must perform a cost or price analysis in connection with every procurement action in excess
of the Simplified Acquisition Threshold including contract modifications. The method and degree of
4
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT 14
analysis is dependent on the facts surrounding the particular procurement situation, but asastarting
point, the City must make independent estimates before receiving bids or proposals.
B. The City must negotiate profit ooaseparate element ofthe price for each contract inwhich there is
no price competition and in all cases where cost analysis is performed. To establish a fair and
reasonable profit, consideration must be given to the complexity of the work to be performed, the risk
borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its
record of past performance, and industry profit rates in the surrounding geographical area for similar
C. Costs or prices based on estimated costs for contracts under the Federal award are allowable only
to the extent that costs incurred or cost aedmabeo included in m*gudab*d prices would be allowable
for the City. The City may reference its own cost principles that comply with the Federal cost
principles.
D. The cost plus apercentage ofcost and percentage ofconstruction cost methods ofcontracting must
not be used.
7. Federal awarding agency mrpass-through entity review. (Adapted from §2U0.324)
A. The City must make available, upon request ofthe Federal awarding agency orpass-through entity,
technical specifications on proposed procurements where the Federal awarding agency orpass-
through entitybe|iavemouohreviewianeodedtuenouvethotthohamuraamicoopenifiadiatheone
being proposed for acquisition. This review generally will take place prior to the time the specification
is incorporated into a solicitation document. Howover, if the City desires to have the review
accomplished after a solicitation has been developed, the Federal awarding agency or pass -through
entity may still review the specifications, with such review usually limited to the technical aspects of
the proposed purchase.
B. The City must make available upon request, for the Federal awarding agency or pass -through entity
pre -procurement n*view, procurement documents, such as requests for proposals or invitations for
bids, orindependent cost estimates, when:
lheCUty's procurement procedures or operation fails tocomply with the procurement
standards in this part-,
k The procurement is expected to exceed the Simplified Acquisition Threshold and is to be
awarded without competition or only one bid or offer is received in response to a solicitation-,
iiL The procunament, which is expected to exceed the Simplified Acquisition Threshold,
specifies a"brand name" product;
Ku The proposed contract is more than the Simplified Acquisition Threshold and is to be
awarded to other than the apparent low bidder under a sealed bid procurement-, or
x Aproposed contract modification changes the scope ofacontract orincreases the contract
amount by more than the Simplified Acquisition Threshold.
C. The City ieexempt from the review inparagraph (ii)ofthis section if the Federal
awarding agency orpass-through entity determines that its procurement systems comply with the
standards of this part.
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
1s
D. The City may request that its procurement system be reviewed by the Federal awarding agency or
pass -through entity to determine whether its system meets these standards in order for its system to
be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and
third party contracts are awarded on a regular basis;
E. The City may self -certify its procurement system. Such self -certification must not limit the Federal
awarding agency's right to survey the system. Under a self -certification procedure, the Federal
awarding agency may rely on written assurances from the City that it is complying with these
standards. The City must cite specific policies, procedures, regulations, or standards as being in
compliance with these requirements and have its system available for review.
8. Bonding requirements. (Adapted from § 200.325)
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition
Threshold, the Federal awarding agency or pass -through entity may accept the bonding policy and
requirements of the City provided that the Federal awarding agency or pass -through entity has made a
determination that the Federal interest is adequately protected. If such a determination has not been made,
the minimum requirements must be as follows:
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance
bond" is one executed in connection with a contract to secure fulfillment of all the contractor's
obligations under such contract.
C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond"
is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
9. Federal Contract provisions. (Adapted from § 200.326) Simplified Acquisition Threshold raised to
$250,000
The City's contracts utilizing Federal Funding must contain the applicable provisions described in Appendix
II to Part 200—Contract Provisions for City Contracts Under Federal Awards, which can be viewed and
copied at:
http://federal.elaws.us/cfr/title2.chapterii.part200.appii
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the
non -Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of"federally assisted construction contract" in 41 (R PJrl..69-1. 3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
111
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 1 1375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (0...(.,1n .:.p .b11-q48). When required by Federal program legislation, all
prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for
compliance with the Davis -Bacon Act (40 1),,.,. 141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor or sub -recipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (4,t 1; „:5,(1 ,170 V 7i) }. Where applicable, all contracts
awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40U USX. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 CFR §401.2 (a) and the recipient or sub -recipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding agreement," the recipient
or sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671 a) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
(7), as amended Contracts and sub -grants of amounts in excess of $150,000 must contain a provision that
requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U,S.C. 7401-76710 and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2, CFR 180,220)
must not be made to parties listed on the government -wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
1 �n
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
(I) Byrd Anti -Lobbying Amendment (31 11.S.C. I352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U.S.C. , ➢ 352_. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -
Federal award.
(J) See §200.322 Procurement of recovered materials.
[7..
78608 08 Dec. 26, 2013, as amended at 79 FR 75888 Dec. 19, 2014]
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
18
Miller Park Basketball Court Light Proiect
SCOPE OF WORK
1
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
EXHIBIT A
19
Request for Quotes — Miller Park Basketball Court Lighting Project
Please quote the following to install lighting for the Miller Park Basketball Courts.
Miller Park is located at 502 N. 4th Street, Yakima, Washington, 98901.
LABOR, MATERIALS AND EQUIPMENT TO PROVIDE ELECTRICAL WORK AS
FOLLOWS:
ELECTRICAL PERMIT
IN
6 — LIGHTING POLES WITH BULLHORN BRACKET FOR TWO LIGHTS, ONE
BULLHORN BRACKET FOR FOUR LIGHTS
o POLES (SSS305GT2ODDBXD-UL LITHONIA)
o LIGHTS(DSXF3LED6P440K7OCRIWFLMVOLTISDDBXD
LITHONIA)
o BULLHORN BRACKET 4 FIXTURE (BS49T2OTD2ODDBXD
LITHONIA)
o BULLHORN BRACKET 2 FIXTURE (BS28T2OTD2ODDBXDU
LITHONIA)
• 14 — LED FIXTURES - LIGHTS
(DSXF3LED6P440K70CRIWFLMVOLTISDDBXD LITHONIA)
6 — CONCRETE BASES 24" EXPOSED OUT OF THE GROUND (8FT X 30INCH
WITH REBAR PER CITY STANDARD LIGHT POLES)
• TRENCH AROUND PARK TO FEED LIGHTS FROM EXISTING SERVICE
CABINET
• INSTALL 7 DAY ASTRONOMICAL TIMER FOR LIGHTING CONTROLS AND
CONTACTOR
DEMO EXISTING CONCRETE POLE AND BASE ON THE NORTH SIDE OF
COURTS
• INSTALL FOUR LIGHTS TO NEW NORTH POLE, TWO FACING THE COURTS
AND TWO LIGHTS FACING THE PARKING LOT
• EXCAVATION AND BACKFILL
• ASPHALT REPAIR AS NEEDED
• EQUIPMENT TO SET POLES
I I �_,4 AI'\
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
This project is required to pay prevailing wage. Please send your quote to Ken
Wilkinson At 2301 Fruitvale Blvd., Yakima, Washington 98902 or by email to
Ken.Wilkinson(cYakimaWA.gov. If you have any questions, please call 509 576
6416. Thank you for being willing to submit a quote for this important project.
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
21
Whet Park Basketball Court Light Project
CONTRACTORS QUOTE
EXHIBIT B
V \ 1
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT 22
•
TO: CM' OF YAKIMA
ATTIC KEN
L' L CT" IC, I C.
,401.3ENNI,NT9LAK
pHKATETA091145241.57
•:FAX:1549).#53,4414
DATE: NOVEMBER 29, 2C21
RE: PALLER PARK:BASKETBALL COURT LIGHTING
We batmansuborn our qu ie apneatkTh
Om .1 9:11 *we been naIj! la be !Ica
aublecl to grim, mond. cab or mama
a of a
too
Ito a I Pan tile okra ani :pet aro al1o. abtwe morel lab as ally
a
9C1 noie bebw, Ile co I mice r ie 1 QJ
LABOR, MATERIALS AND EQUIPMENT TO PROVICE ELECTRICAL WORK A5 FOLLOWS:
• ELECTRICAL PERMIT
* 6 — LIGHTING POLES WITH BULL
• 14 — LED FIXTURES
• — CONC BASES 24'
POLES)
• TRENCH AROUND PARK TO FEED LIGHTS FROM EXISTING SERVICE C
• INSTALL 7 DAY AST * OM L Tlf
• 0 EXISTING CONCRETE POLE
• IN5TALL FOUR LIGHTS TO TH
▪ EXCAVAT AND KFILL INCLUDED IN OUR PRICE
* ASPHALT INCLUDED IN OUR PRICE
• EQ ENT TO 5ET POLE5 INCLUDED IN OUR PRICE
® POLES (555305GT2000 ; L LITHONIA)
• UGHTS (D5XF9LED6* •K70 WFLAIVOLTISCOBXD LITHONIA)
* BULL N CKET4FLXT1JRE T2DT DO; LITHONIA)
• BULL N; CKET 2 FIXTURE 1 0T2DT * LITHONIA)
1.
NOTE: TAX 15 INCLUDED IQ OUR. PRICE.
SINCERELY,
STEVE SOOERSTROM
N BRACKET FOR TWO UGHTS„ ONE BULLHORN BRACKET FOR FOUR LIGHTS
OUT OF THE GROUND [0f1 X WINCH WITH R CITY STAN
;.• -
•
ET
FOR LIGHTING CO - 5 CONTACTOR
ON THE NORTH SIDE OF COURTS
, TWO FACING THE COURTS MID TWO LIGHTS FACING THE PA
" *
IF ••11/
LUMP SLIM - S45,573.00
AN EQUAL OPPORTUNtrf EMPLOYER
Ciatatir 'a. irozoonarce •Ola dojo. oar! dlove dale.
QUOTE 22204S MILLER PARK BASKETBALL LIGHTING PROJECT
LIGHT
- *
G LOT
23