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R-2021-165 Resolution authorizing award of BID 12126S and execution of agreements with Core Northwest LLC, and Knobel's Electric, Inc., to purchase Unit-Price Electrical Services
A RESOLUTION RESOLUTION NO. R-2021-165 authorizing award of BID 12126S and execution of agreements with Core Northwest LLC, and Knobel's Electric, Inc., to purchase Unit -Price Electrical Services. WHEREAS, the City posted and published notice on October 11 and 12, 2021 in the Yakima Herald Republic and on the city's webpage that BID No. 12126S was available for competitive bid; and WHEREAS, Bids were due October 12, 2021 at 11:00 a.m.; bids that were timely received were publicly opened in City Council Chambers in Yakima, Washington; and WHEREAS, Bids were received, as evidenced by the attached Bid Tabulation Form; and WHEREAS, all responsive Bids were sent to the Facilities Division for Recommendation of Award; and WHEREAS, Core Northwest LLC, and Knobel's Electric, Inc., were the lowest responsive Bids received; the Facilities Division recommends the Contract Award be issued to Core Northwest LLC for certain electrical services as designated on the Bid Tabulation, and Knobel's Electric, Inc. for certain electrical services as designated on the Bid Tabulation, and that the City Manager execute the respective Contracts; and WHEREAS, the Scope of Work and available budget meet the needs and requirements of the City of Yakima for this procurement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Bid is hereby awarded and the City Manager is hereby authorized to execute Contracts with Core Northwest LLC, and Knobel's Electric, Inc., attached hereto and incorporated herein by this reference, in the total amount of $250,000 for the procurement of Unit -Price Electrical Services. ADOPTED BY THE CITY COUNCIL this 14th day of December, 2021. Patricia By- s, Mayor ATTEST: Sonya 'Claw Tee, City Clerk AGREEMENT CITY OFYAICIMA 12126S Re -Bid Unft•PriceEtectricaI Services THIS AGREEMENT;. entered into on the date of last execution, between The City of Yaki and Core Northwest,;LLC, ('Contractor"). WITNESSEI'H: The parties,An consideration ofthe terms. and, condifions he a, a:Washin gton municipal. corporation ( dy7), y covenant and agree• as follows: 1 Statement of Work The ',Contractor shall perform -all work and service(s) and furnish all tools, materials, tabor and equipment (collectively referred to as 'Services'')'according to the procedure outlined in:Btd 12126S Re -Bid Unit Price Electrical Seances Speclficatians.which are attached as Exhibit A and the: most recent edition: of the ANS I/TINE IA and NEC Standards,: all ,tOfE .Which are incorporated lierein by this reference, and :shall perform .arty alterations in pr additions to the w©t:provided under.this Contract and every partthereof. Work shall begin within 24 t ours=afterNotice to Proceed. Emergency wort shall begin witt r 3a nninutert after Notice to Proceed. The..Contracteir shalt provide and:bear the.expense of all egtnpment;:work:and labor of any sort -whatsoever that maybe required forte transfer of materials and completing the work provided for in this :Conti t and :every part hereof, :except such. as are :mentioned in.the specifications't be furnished by the'CityofYakima. 2. :Compensation The City agrees to pay the Contractor aceorernng to Exhibit:3, attached hereto and incorporated herein, which Exhibit includes the $-cificaffons'and payment: schedule of itemized paces as listed in.the Contractor's Bid submittal at the time and in°themanner and upon tt re conditions provided. fortheContract_ 3, Contract Term The period of this Contract shall be for a •period of three years'from its effective date. The City may. at its option, extend the Con or one (1) additionai year provided, however, that either party may at anytime during the life of this Contract, or any extension thereof, terminate this Contract by -giving thirty (30) days' notice in writing to the other party of its intention to cancel. Contract extension shall be automatic; and shall go into effect without written confirmation, unless the City provides advance notice of the -intention to not renew. Paces shaitremain firm`for the first tweive-month period of the Contract. -4. Changes Any:proposed change in this Contract shall be submitted to the other party.. for its prior. rittenapproval, if approved, chi rri e-will.be rnade by:a contractamendment that will become effective upon execution:. by the parties hereto, Any orat.statementorrepresentation changing any of these terms or conditions is specifically unauthorized and is,not valid, 5. Agency Relationshjp between City and Contractor Contractor shall, at all finies.:be an -independent Contractor and not an agent or representative bf City with regard to performance: of the :Services, Contractorshall; notrepresent'that it is, or held itself;out as, an agent or.representatirre of City. in no event shalt Contractor be authorized to enter -into anyagreernentt or undertaking for, Or on, behalf af':City: 6. Successors and Assigns :Neitherthe.City.;.norttre Contractor-shaij assign;transfer, orencumtrer any'rights; duties, or interests Booting g'fro :the plior written. consent of the other. TheContractarfor himself;:andfor his:he.irs,:executors,:adrninfstrators, successors, arrd assigns, doe s`hereby agres dell the:covenants:herein contained upon the:partof theContractor, is Contractwtthout the full perforrnanc� Of this !Contract iContractorshall proVide and maintain in force insurance in limits no less than thatstated below, as -applicable. The Ctty reserves thetight to require: higher -limits should it deem it necessary in the best interest of the public. Contractor:will provide. a Certificate Of nsuranceto the City as evidence of coveragefor each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included -with the certificate. This= Certificate of insurance shall:be provided to the City, prior' to commencement Of work. Failure of City to demand such verification of coverage with :these insurance requirements or failure of City to identify, a deficiency from the insurance:documentation providedshall not be construedas a waiver -of Contractors obligation to maintain such insurance. The insurance is required. a. Commercial:Liability:Insurance Before this Contractile ftilly-executed by:tlie parties, Contractor shall provide the City withec,ertificateOf insurance Reproof of commercial liability insurance with a minimum liability :limit of Two :Million Dollars .($2000,000.00) per occurrence, combined tingle limit bodily injury and :property damage. and Two Million Dollars ($2;000,:000.00);9eneral Aggregate,' If Contractor:carries higher coverage:limits, :such limits :shallte shownon the Certificate:Of insurance and Endorsements and the , City, its elected and appointed officials: employees, :agents, attorneys and volunteersehalite named as additional insuredslor suditigher knits. The certific.atest.IaIIcleariy.statewho the providers, .thecove rag e:amount, theipolicy number, -and when:the policy and. provisionsorovided ;are:in effect.Said policy shall :be :in:-.6ffect:forthe: duratiOn -Of this Contract. The policy shall -name the, City Of :Ykima, its: elected -and appointed 'Officials, ,employees, :agents, :attorneys: and volunteers as additional insureds; andshall contain a clause thatthe insurer will not cancel or change theinsurance without givingthe City prior written: notice The insurance shell be with: an insurance company or companies rated AVtIor higher in:Bests Guide and admitted in the State of :Washington, 'The requirements contained herein ,,as,wellas City of Yakirrta's review.or acceptance Of insurance maintained by Contractor is: notintended to and ;Shall not in any manner limit:or qualifythellabilities or obligations assumed. by Contractor underthis contract. b. kotomoblieLlabilitOnsurande Before this Contract is ;fully executed by the parties: Contractor shall providethe City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million - D011ars ($2,000,0011.00), per occurrence; . If Contractorcarrieshigher: coverage limits, Such knits-shalt:be :shown (mite Certifidritealnsurance and Endorsements and the:City, its :elected and appointed Officials, employees, agents, attorneys and volunteers shalite named: as :additional insureds:for sith higher:limits, Thecertificateshelltleany statewho theproyider is; the CoVeragearnount the policy number, and -when the: pohcy and provisions; provided:are inaftect .Said policy shall be in -effettfor the duration of this:Contract, The policy shall name -the City of Yakinta, 'its; elected and appointed officials, employees, :agents,: attorneys and:volunteers as additional insureds,-.ancli.shall contain a clause that the insurer will riot cancel or change the insurance without first giving City prior written notice The insurance shall be with an insurance:company or companies rated A-Vli or higher in -Best's Guide and admitted in the State of Washington, The requirementscontained. herein, as well as City Of Yakima s review or acceptance Of insurance:maintained :by Contractor is -not intended:Wand shall- not in::anymanner limit or -qualify thetiabitiBes or Obligations: assumed ty Contractor under:this:contract. The buainess auto liability:shall indludellirediand Non -Owned :coverage.if :necessary. c, Employers Liability (Stop Gap) .Contractorand alt stibcontractOnSi shall-at:all:times comply:Withal applicable workers - compensation, :occupational' disease, and Occupational fiealtheridsafety laws, statutesiandragUlations to the full extent applicable , and shall maintain Employer's Liability -insurance with :a limit. of no less than $1,:00.0',000.00, The City:shall riotte held responsible in any way for claims filed by Contractor or its employees for services:performed under the terms -of this Contract. Contractor agrees to assume full 'liability for all :Claims arising from this i.Contradt including Claims resulting from negligent acts of al subcontractons)..Contiattor is responsible to ensure :subcontractor(S), have insurance as needed, Failure of subcontraCtors(,$) tb complywitn insurance requirements does not limit Contractors liability: orresponsibllity. T. P:ropertyRights All records or papers of any:sortreleting`to the City and tithe project Will at alltimes be ihe.property of the City and shall:be surrendered to the:City upon: demand. All info rmation:concerning the City and:said project which is not otherwise a:matterof public record or required by law to be made:public, is confidential :and'the Contractorwill not,:in whole orpart, now orat'°any time disclose that info- rmation without the:express.written :consent ofthe.C:ity, 8, tnspection:and Produc:ion:cf Records 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 fhe Services in accordance with this. Contract, notwithstanding the City' "s knowtedge of defective or non -complying performance, its substantiality o ease of its discovery.` Contractor shall providethe.Cftysufficient, safe, and proper facilities, andlor send copies of the requested documents to the City, Contractors reconds relating to the :Services will be provided tithe City upon-the;City's request. Contractor shelf promptly furnish the City with such information and records which are relartedto the Services; of this Contract as :may be requested by the City. Until 'the expiration of six (6) years alter final.payment of the compensation payable:under this Contract, or fora longer period if required by law orbyythe Washington Secretary of State's:record retention 'schedule, Contractor shalt retain and provide the: City. access to (and the City shall have. the right" to examine, audit and eopy)all ofContractorrs books, documents, papers arid -records which are related to the Services performed by Contractor under this -Contract. All records relating to Contractor's -services under this Contract must be made available to, the City, and the records relating tithe Services are Cityof:Yakima [Yakima County records, They must be produced:to third:parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 ROW, or by law, All records relating to Contractors services under this Contract roust be retained by Contractorfor the minimum period of time required pursuant to the Washington Secretary of States records retention schedule. The terms of thissection shall survive:any expiration or terrhination .of this Contract, :9, Work'MadeforHire AI! .work,the Contractor performs under this Contract shall be considered work-, made `#or hire, and shall be the property, of the City, The City shall own any and all data, documents, plans, copyrights, specifications., working; papers, .and :any:other materials- the Contractor produces in connection with this Centract On;completion. ortermination: of the:Contract, the Contractor:shall: deliver'these:materiafsto,the City, 40, Contractorwarrantstha Services will be free from.de completion and acceptance ofthe Services, :in material and -workmanship fora period of oneyear followingthe date .of 11:: Cornpliance:wtth Law Contractor agrees' to:perforneall Services under and; pursuant to this Contract in full compliance with any and ail applicable lava rules, and: regulations adopted:or promulgated by any govemmentat,agency or regulatory body, whether' federal, state, local, or>otherwise. Contractor shall procure and have all appli:ca.ble and necessary permits, licenses and.approvals ofany-federal, state, and localgovemment :or -govemmentel,authority:orlhls project, pay ail charges and fees, and give all notices. necessary and incidental`tothe due and lawful execution of the work. a. Procurement of a:City Business License: Contractor must procure a City of Yakima Business License covering this:type of work and payee -charges, fees,: arid taxes associated with said license. b, Contractor: must provide: proof of a: valid Washington State Contractor Registration number. c. Contractor must provideproof of a valid Washington department of Revenue state:excise taxregistration number, as required in Title '85 RCW,. d Contractor must provide proof of a valid. Washington Unified :Business ldentifcattan (UBI) number, ,Contractor must have a current UBl number and not be disqualified from bidding on any public works :contract;underRCW 39:06 Q1`D or 39.12:065(3), .Contractor must provide :proof cif a valid Washington Employment Security Department:nurnber as:required by Title 50 RCW, Foreign {Non -Washington) Corporations: Atthough :the .City :does not require foreign =corporate proposers to qualify.: in the City, :County,,or State:priorto submitting:a:proposal, it :is specifically' understood and agreed` that:any,suchcorporation will promptly take-ell:necessary:measuresto becomeauthorized'to conduct business in the City cif Yakima at theirown-expense, Without°regard to whether:such corporation.is actually awarded the contract, and in:the event that:the:award ismade,, :prior to conducting; any business in ttz&City. 12. Prevailing Wages The Contractor Will comply with all provisions of=Chapter 39:12-RCW —Prevailing Wages on::Public Work. a. RCW 39.12,010 : the Prevailing Rate of Wage._It:issolely The responsibility of the Contractor to determine :the: appropriate prevailing wage rate: -for the services being provided: :b. RCW 3912 040 Statement of intent to Pay Prevailing Wages :and :an Affidavtt:of Wages :Paid. Before anawardirtgagency may. pay any sum due,on:account,'itmustreceive a statement:afintent to Pay Prevailing Wages:approved by the Department of tabor and Industries: Following final acceptance of a public mark project, and before any final money is disbursed, each contractorand subcontractor most submitto theawal mng: agency an Affidavitof Wages Paid, certified.by the Department of Labor and:Industries, c. RCW :39;12.07.0 Fees Authorized for Approval Certification and Arbitrations. Anyfees dharged byte Department of and :industries for approvals orfees:to:cover costs of arbitration conducted shall belie responsibtity:of>the Contractor. The State ©f Washington prevailing wage,rates applicable for this:.public works project, :which ,is located in Yakima:County, may be found at the:follnwing Website aodress:of the Department of Labor and ,,,industries: blips://lnt.wa.00vf icensino-permitslpublic-works-prolectslprevasling-wane-rates . Based on thebid submittal'for this;prr ect, the applidable effective (star/) date of this,pmject for the purposes of determining prevailing wages is the bid date, Noventher1,:2421. t9: Certified :Payroll for=Non4Federally FundedProjects Upon:requestby the Cityor by an, Interested Party, copies of certified payroll shall be:provided to City, with employee information last name,: S5N:end address;:redacted in accordance with RCW 42.56.230, in order°to provide:for public records requests, TheCity the: right to require Contractor to deliverto'City a copy of the non -redacted Certified Payroll if City determ nes, in its sole discretion, that, such norrredacteed copy is necessary:orappropnate1n orderto enable:Cifyto cornpy with :any applicable law. RCW 42.56.230 (7)(a) Personal information Exemption: :Any record used :to prove identity, age, residential address, social security numther;:or ether personal Information required to:apply'for a driver's license or identioatd. as RCW 39.:12:01O (4): An "Interested 'Party" for:the, purposes of this chapter shall include a Contractor, Subcontractor, an employee of e Contractor:or Subcontractor, an:organizetion whose -members' wages, benefits, and conditions of employmentare affected:by this chapter, •and.the director oflabor and :industries or the directorls designee, WAC 296427-320 Payroll: a. Each:Contractor shall :keep accurate payroll recotdsforthreeyears from the date of:acceptance of the: public works project :::by the -contract awarding agency, showing the name, address, Sociall-Securitynumber, trade:or occupation, straight time rate, hourly rate of :usual benefits:as defined :by WAC .. " ; : {1) and overtime hours wo►ted: each day and week, including any authorizations::exeecuted:pursuantto WAC 9t ? ' and the actual:rate:of wages paid, foreach laborer, worker,: and mechanic -employed: by the Contractorfor work performed on a public;workeproject. b. A:Contractor shall, within ten days after :4 receives= a written nag uest, from:ttie`departmentorfrom anyinterested:party 'as defined -by RCW { i {4) :flea certified copy of the payroll records with: the agency that awarded the public works cortfractand-with the department, c. A Contractor's noncompliance wfth this section shall constitute a violation of RCW 14. Nondiscrimination During:the perforanance of:this Contract, the _Contractor agrees as follows; The Contractor Shell 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 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 1210.1 et seq:j. This provision shall include bat not to:the following: employment, upgrading, demotion,.transfer, recruitment, advertising, layoff or: termination, rates: of pay orottherforms Of compensation, selection fortraining, anti the provision of Services underthisi Agreement. In:the event of the Contractors noncompliance with ,the non-discrimination clause.of this contract or with any sueli :rules, reggulations,, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and' the Contractor maybe deetered ineligible:for` any future,Clty:;contracts. 15, Indemnification and llarrrile Contracts r Shall take all necessary precautions in performing:the Servi es:to:pre ant ...jaryto:personsorproperty. Contractor agrees.: to defend, Indemnify and hold harmless the City, itselected and appointed ,officials, officers, employees, attorneys, 'agents. :and volunteers from any :and all claims, :demands, losses, liens, liabilities. penalties, tines, lawsuits, and .other proceedings and all judgments awards; costs and expenses (including reasonable costs -and attorney fees) which -result or arise from Contractor s:performariee,under this Agreement,.andlor mit:of the negligent acts:or omissions of_Cantractor. its officials; offhcers, employees or:agents. b. Ifany suet; judgment,:action, claim or demand arises outof, or occurs in conjunction:with the:negligentacts andlorr:omissions of : both the Contractor and the 'City; -or their elected :.or appointed :officials, :officers, employees, agents, attorneys or volunteer; pursuenttothisContract,;each party shalt beliable for tts proportionate share of negligence for any:resutting suit, judgment. action, claim, demand,: damages: or costs and expenses; including reasonable attorneys' fees. c. Contractor's Waiver of Employers Immunityunder 51 RCW.:If any design or engineering work is done pursuanttothis Contract, Contractor intends that: its'indemnification, defense, and hold';harmless obligations:: set forth. above in Section,A :shall operate with t ill effect regardless of -any provision to°the:contrary in Title 51:RCW, Washington's Industrial Insurance Act:.:Accordingly, to. the_ extent necessary lo fully satisfy the Contractor`s indemnification, defense, and :hold harmless obigations set forth above in Section A; Contractor specifically waives any immunity granted under Title 51 ,RCW, and specifically assumes all,potential Iiabitity'for actions brought by employees of the Contractoragainst;the Crty and its;elected and appointed Officials, Officers; ernpbvees, attorneys; :agents,. and v©lunteers. The parties have ni_utually-negotiated this waiver, Contractor shall sirriiiarly require that its subcontractors, and anyone directly or indirectly employed gar hired :by Contractor, and:anyone for whose acts Contractor may' be, liable in connection with its perforrnarice of This Agreement shall comply: with`the:terms of. this paragraph, waive any immunity granted under Title 51 RCW, and _assume all: potential liability foractionsbroughtby:theirrespective employees. The :provisionsOf-this section shall survive the expiration or termination ofthis Agreement, d. Nothing contained inthis : third party. • Contract shall be :construed to create a liabltlty or.a tight: of indemnification: in any The:terms of this Section: shaft survive any expiration or termination of this Contract. 16, Contractor's Liability:tnsurance At ail:times durtng;performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect:the City: and Contractorfrom and against: any and all claims, damages, losses, and expenses arising out of or resultingfrom the performance Contractor's insurance coverage shall be primary insurance with respect::to: those who :are Additional Insureds under this Contract, Any insurance:, selqnsurance. or insurance°pool coverage maintained by the City shallbe in excess.of the Contractor's insurance:and Shall -not contribute to it. If at anytime during thelife:gfthe_Contract, orany extension, Contractor fails to maintain the required insurance in full force and effect, all :work under:the contractshalf be:discoritinued irnntediateiy, Any failure to maintain the required insurance may be:sufficient: cause forte City to terminate the Contract. Shoulda court of competent jurisdiction determine that this Contract.is subjectto• RCW 424;115; 2iten, inthe.event of liability for damages ansing out. of bodily injury. to;persons or damages to property caused by or:resulting from the concurrent negligence of Contractor and the City, :its officers,. elected and appointed officials, employees, :agents, attorneys and volunteers, Contractor's liability hereunder 'shall be: limited to the exterttot:the Contractor's negligence. 17. Severabtllty If any term or condition of this Contract or the -application thereafto anyperson(s)�or.circumstances is held invalid,- such invalidity shall not. affect othertens, conditions-4r applicatiionswhich can be given effect without the invalid term, condition°or application, To this end, the towns and :conditions of this Contract :are: declared severable. 1e. Contract Documents This Contract, the invitation'ioiBiit 121263 Scope of Work, conditions,, addenda, and modifications and: Contractcr's>proposal (tb 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 prnVisions. These Comma :Doc umentsare pn file in the:Office of the Purchasing Manager,1'29 No, 2,0: St., Yakima, WA,:98901, and are hereby incorporated by reference intothis Contract. 1$. Termination - Convenience This Contract may be:temiinated by either party by giving thirty (30) days written notice of such inter Land will'becarne effective'#hirty :days fr©m'the date Such written notice is delivered:to the applicable party tothe Contract. 20. Teriirinaiion - Cause The City: reserves the nght to terminate this Contract at any time, upon written notice; in the event that the . tee 'of Contractor are deemed by the City to°be unsatisfactory, or.upon tailureto perform any of the terms and conditions contained irfthis:Contract. :The effective :date:for sueh'termination shalt be upon receipt:afthe notice; or three days after tile notice is mailed .first _class mail; certified with return receipt: requested. 21; Force Majeuve Contractor will norhe, responsible for delays in:delivery due to acts of God, fire, strikes, epiderriics/pandemics, war, :riot, delay: in transportation ©r railcar transport shortages, :provided Contractor notifies:the City immediately:in writing .of suchpending or actual delay, Normally, kite, event. or:any ,such: delays. (acts:or God, etc.) the date of dative ry will be extended fora period :equat tb the time lost due to the reason:for:delay. 22. Governing Law This:Contract Shall ::be governed.by and:construetf in accordance with the laws.of the State of Washington, 23.:Venue The venue for any judicial action to enforce or interpret this Contract shall Hein a court of competent jurisdiction in Yakima County, Washington. 24. Authority The person executing this Contract, on behalf ofContractor, represents aria warrants #hat he/she has been fully authorized by Contractor to execute this Contracton: its behahhand :toiegally::bind Contractor to all the terms,:pertormances ands provisions.of'thts Contract. •Notice Any notice required or perm IS" to be given under this Co o..ght courier, facsimile or first class mail., Certified TO CITY: Bob H n City of Yakima City HlFirst•Flour 129 North 4. on8 Yakima, WA 98901 Copy TO City of Yakima Purthasing Su-n: Knofts, Buyer City Hall --Second Floor 129 North nd S :t Yakima, WA 98901 ry ragging shall be in ng and med•effective if e r de ;red rson or by receipt requested. Notices tthe parties shall be deliverer! to; TO CONTRACTOR: eile Aoog,91t--;e5y--- 46,e. ce3b s 1:4„ 18, (Ai/9- 96206 ons hhis,"Contract,2424 irtiusive,'snaltstituive:the, IN,:wrrNEssmNE OF, the p CITY OF YAKIMA City Manager Date: 41h1« on or L n:0ftbiS. Co is Contract:as ofthetlay and year first above StAl- 4, • H1t4 CITY CONTRACT NO:- RESOLUTION flOg2)Q1 4 in accordance their AGREEMENT CITY OF YAKIMA 12126S Re -Bid Unit -Price Electrical Services 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"). 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 refened to as "Services") according to the procedure outlined in Bid 12126S Re -Bid Unit -Price Electrical Services Specifications which are attached as Exhibit A, and the most recent edition of the ANSIITIAI°EiA and NEC Standards, 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. Work shall begin within one business day after Notice to Proceed. Emergency work shall begin within 60 minutes after Notice to Proceed. The Contractor shalt 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 wort 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 Exhbit B, attached hereto and incorporated herein, which Exhibit includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid 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 three years from its effective date. The City may, at its option, extend the Contract -for one (1) additional year provided,however, that either party may at any time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty (30) days° notice in writing to the other party of its intention to cancel. Contract extension shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the Contract. 4. Changes Any proposed change in this Contract shal'I be submitted to the other party, for its prior written approval. If approved, change will be made by a contract amendment that will become effective upon execution by the parties hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor Contractor shall, at all times, be an independent Contractor and nngt an agent or representative of City with regard to perfomance 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. 6. Successors and Assigns 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. 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. 7. 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. 8. Inspection and Production of Records 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. 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. 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 /Yakima County 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. The terms of this section shall survive any expiration or temiination of this Contract. 9. Work Made for Hire All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract, the Contractor shall deliver these materials to the City. 10. 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. 11. 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 covering this type of work and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number. c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. f. Fo kin (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. 12. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39.12.040 Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and subcontractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries. c. RCW 39.12,070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: httpswz°19ni,wa;eovrfcensino-pernitsiqublic-works-proiectsprevaili nq=wage-rates, Based on the bid submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the bid date, November 1, 2021. 13. Certified Payroll for Non -Federally Funded Projects Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee information such as last name, SSN and address, redacted in accordance with RCW 42.56.230 in order to provide for public records requests. The City reserves the right to require Contractor to deliver to City a copy of the non -redacted Certified Payroll if City determines, in its sole discretion, that, such non -redacted copy is necessary or appropriate in order to enable City to comply with any applicable law. RCW 42.56.230 (7)(a? Personal information Exemption, Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. RCW 39.12,010 (4): An °Interested Party° for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. WAC 296-127-320 Payroll: a. Each Contractor shall keep accurate payroll records for three years from the date 01 ac ptance of the public works project by the contract awarding agency, showing the name, address, Social Security number, trade or occupation, straight time rate, hourly rate of usual benefits as defined by WAC :44 s' '.014{1), and overtime hours worked each day and week, Including any employee authorizations executed pursuant to WAC 2 Vi a 1-; .022, and the actual rate of wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works project b. A Contractor shall, within ten days after it receives a written request, from the department or from any interested party as defined by RCW 19,12.010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. c. A Contractors noncompliance with this section shall constitute a violation of RCW 3 14. Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual odentation, 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 folkawing: 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. 15. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in perforrning the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuit, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise from Contractor's performance under this Agreement, and/or out of the negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, 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, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be hable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable attorneys' fees, c. Contractor's Waiver of Employer's immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract, Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in Section A, Contractor specificalty waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly 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, shall 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 provisions of this section shall SUNIVIO the expiration or termination of this Agreement. 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. 16. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain In effect insurance to protract the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. The following insurance is required: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily Injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall ctearty 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 policy 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-Vil or higher in Bests 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 policy 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 Bests Guide and admitt « 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 subcontractors) 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 gees 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 subcontractors) have insurance as needed. 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, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to it. 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. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, elected and appointed officials, employees, agents, attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence. 17. 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 terns, 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. 18. Contract Documents This Contract, the Invitation to Bid 12126S 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. 19. Termination • Convenience This Contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract. 20. Termination • Cause The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this Contract. 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. 21. 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. 22. Goveming Law This Contract shall be govemed by and construed in accordance with the laws of the State of Washington. 23. 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. 24. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract 25. Notice Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by overnight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shahbe delivered to: TO CITY: Bob Harrison TO CONTRACTOR: no e s Girl . City of Yakima City Hall —First Floor 129 North ..nd Street Yakima, WA 98901 COPY TO: City of Yakima Purchasing Susan Knotts, Buyer II City Hall —Second Floor 129 North Second Street Yakima, WA 98901 Steve oderstrorn, Estiniato 26. Survival The foregoing sections of this Contract, 2-24 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 Manager Date: 1. 7.1:2 kis:5 Attest: City Clerk CITY CONTRACT NO:A( RESOLUTION NO: KNOBEL'S ELECTRIC INC. Sherry Mathis (Print name) ta..t V4-4, 14 s 1-voNG 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 5.C. For Meeting of: December 14, 2021 Resolution authorizing award of BID 12126S and execution of agreements with Core Northwest LLC, and Knobel's Electric, Inc., to purchase Unit -Price Electrical Services Maria Mayhue, Purchasing Manager Susan Knotts, Buyer II SUMMARY EXPLANATION: On October 11, 2021, the City of Yakima solicited Bid 12126S titled Re -Bid Unit -Price Electrical Services to provide electrical service for the City of Yakima facilities on an "as needed' basis. This Bid takes the place of the City's former Bid 12108S titled On -Call Electrical Services which was canceled due to passing of new legislation and bidding requirements. Recommendation was made for a split award to Core Northwest, LLC. and Knobel's Electric, Inc., and was approved by Kerry Jones, Fleet and Facilities Manager, and Scott Schafer, Director of Public Works. Recommendation for award was made to Core Northwest for: low voltage, electrical construction, electric vehicle charging station, exterior and interior lighting, panel manufacturing and upgrading, street lighting, illuminated signs, HVAC wiring and install due to their Bid being the lowest responsive bid from a responsible bidder. Recommendation for award was also made to Knobel's Electric for: high voltage, traffic sign installation and replacement, street and power line/pole construction and relocation, traffic control devices and signals, traffic loop, high voltage electrical testing, transformer maintenance and repair due to them being the only responsive bid for these services from a responsible bidder. This Contract is limited to three years with an optional one year extension or to $250,000, whichever comes first. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: 2 Approve Resolution ATTACHMENTS: Description Upload Date Type D Resolution to Award 12126S 12/1/2021 Resolution D Agreement - Core NW 12/1/2021 Contract D Agreement - Knobel's Electric 11/23/2021 Contract D Bid Tabulation 12126S 12/1/2021 Backup Material D Recommendation of Award Memo 12/1/2021 Backup Material