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HomeMy WebLinkAboutKnobel's Electric - On-Call Electrical ServicesFor City of Yakima Use Only: Contract No. Project No. Resolution No. BID No. CONTRACT CITY OF YAKIMA BID J11603 -S On -Call Electrical Services THIS AGREEMENT, made and entered into this 29th day of March, 2016, between the City of Yakima ("City") and Knobel's Electric, ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work: The Contractor shall perform all work and service(s) and fumish all tools, materials, labor and equipment according to the procedure outlined in the specifications of the Bid J11603 -S On -Call Electrical Services attached hereto & incorporated herein, and the most recent edition of the ANSI/TIA/EIA and NEC Standards, which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall begin within 24 hours after each Notice to Proceed. Emergency work shall begin within 30 minutes after each Notice to Proceed. The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. 2. Compensation: The City promises and agrees to employ, and does employ, the Contractor provide the materials and do and cause to be done the above described work & service provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms & conditions contained herein. The City agrees to pay the Contractor according the attached 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. Term: The period of this contract shall be for a period of one year from its effective date. The City may, at its option, extend the contract on a year to year basis for up to four additional years 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 extensions 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 unless an exception is stated in the proposal. If Contractor wishes to revise any prices prior to the renewal of the Contract, Contractor must advise the City in writing of the requested revisions no less than sixty (60) days before the end of the current Contract term. 4. Changes: Any proposed change in this contract shall be submitted to the Buyer listed on Page 5 of the Bid document for their prior approval. If approved, change will be made by a contract modification 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 not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent J11603 -S On -Call Electrical Page 1 of 6 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: 6.1 Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the written consent of the other. 6.2 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: 8.1 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 equipment for such inspection and free access to such facilities. Contractor's records relating to the Services will be provided to the City upon the City's request. 8.2 Contractor shall promptly fumish 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 three (3) years after final payment of the compensation payable under this Contract, or for a longer period if required by law or by the Washington State 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. 8.3 All records relating to Contractor's services under this Contract must be made available to the City, and also produced to third parties, if required pursuant to the Washington 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 State Secretary of State's record retention schedule. 9. Work Made for Hire: All work the Contractor performs under this agreement 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 agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the project manager. 10. Guarantee: Contractor warrants the work will be free from defects in material and workmanship for a period of one year following the date of project acceptance 11. Compliance with Law: Contractor agrees to perform all services under and pursuant to this Agreement 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 govemmental 111603-S On -Call Electrical Page 2 of 6 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. 11.1 Procurement of a City Business License. The successful contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. 11.2 Must have a valid Washington State Contractor Registration number. 11.3 Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. 11.4 Washington Unified Business Identification (UBI) number: Must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). 11.5 Washington Employment Security Department number. Must have a Washington Employment Security Department number as required in Title 50 RCW. 12. Prevailing Wages: The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. 12.1 RCW 39.12.010 - the Prevailing Rate of Wage. Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. 12.2 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. 12.3 RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.qov/Ini/wagelookup/orvWagelookup.aspx. Based on the bid submittal for this project, the applicable effective (start) date for prevailing wages for this project is March 10, 2016. 13. Nondiscrimination: During the performance of this contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for any future City contracts. 14. Indemnification and Hold Harmless: 14.1 Contractor agrees to protect, defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses including 111603-S On -Call Electrical Page 3 of 6 reasonable costs and attorney fees) resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and/or omission of Knobel's Electric, its officers, employees, agents, volunteers and/or subcontractors, arising out of the performance of this Contract. 14.2 If the negligence or willful misconduct of both Knobel's Electric and the City (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between Knobel's Electric, and the City in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 14.3 Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. 15. Indemnity/Contractor's Liability Insurance: 15.1 The Contractor agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, resulting from or occurring in connection with the performance or any service hereunder. 15.2 The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 15.3 Contractors Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. At all times during the life of this contract, Contractor agrees to maintain, on a primary and non-contributory basis and at its sole expense, the insurance coverage, limits, and endorsements noted below. All such insurance shall not be subject to any deductible or self-insured retention (SIR). There shall be no cancellation, material change, reduction in limits or intent not to renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to City of Yakima/Yakima County. 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 policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate Auto Liability: Combined Single Limit $1,000,000 Per Occurrence The City of Yakima/Yakima County, its agents, employees, authorized volunteers; elected and appointed officials are included as Primary/Non-Contributory additional insureds. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and City of Yakima/Yakima County shall be named as an additional insured for such higher limits. The Contractors' insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this agreement. 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. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. 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 Purchasing Manager, prior to commencement of this work. If at any time during the life of the contract or any extension, the 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. The contractor shall also maintain workers compensation through the State of Washington. 15.4 Contractor's Waiver of Employer's Immunity under Title 51 RCW. Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in section A. shall operate with full J11603 -S On -Call Electrical Page 4 of 61 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 specifically 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 officers, employees, 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 to comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. 15.5 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 15.6 It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. 16. Employers Liability (Stop Gap): The contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and shall maintain Employers Liability insurance with a limit of no less than $1,000,000. The City shall not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract. Contractor agrees to assume full liability for all claims arising from this contract including claims resulting from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. 17. Business Auto Policy (BAP): In the event that services delivered pursuant to this contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either. Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non -Owned coverage. 18. Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 19. Contract Documents: This Agreement, the Request for Bids #J11603 -S, Scope of Work, conditions, addenda, and modifications and the 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 Agreement, 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 Agreement. 20. 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. J11603 -S On -Call Electrical Page 5 of 6 21. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Bidder are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. 22. Force Majeure: Contractor will not be responsible for delays in delivery due to acts of God, fire, Strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided Contractor notifies the Purchasing Manager 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. 23. Governing Law: This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 24. Venue: The venue for any action to enforce or interpret this Agreement shall lie in a competent jurisdiction in Yakima County, Washington. 25. Authority: The person executing this Agreement, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Agreement on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. Countersigned: This 29th day of March 2016. CITY OF YAKIMA L�ste--- City Manager CITY CONTRACT NO: 20 (G.- O%3 RESOLUTION NO: / Attest: 111603-S On -Call Electrical CONT CTO Contractor a Corporation By: eJ(• SOltr8traw\ Its: I (Print Name) 14'16(7Paint, Owner, etc.) Address: `60' MJ0,) I LA), x,,11. 951 Page 6 of 6 Bid Tabulation Project: On -Call Electrical Services City/County Bid Opening: March 10, 2016 @ 2pm Project No.: J11603 -S Contract Term: 5 years Project Manager: Contract Term: 03/29/16 - 03/28/21 AWARD AND REASON THEREFORE: Vendor Name Vendor Name Vendor Name =;<,VenddrName`` `' "=ts:Vendor=Nam,eMY'" Vendor Name I recommend Bid re .-- award to Knobel Electric based being the lowest responsive Bid received nsible Bidder. on their from a -.Knobel,Electric Linden Electric, Inc. Picatti Brothers, Inc. BUYER/DAV.2711) LABOR No. Description Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Labor Rate per Hour by Licensed Electrician 1 -Unit EA 1 . 84.65 , ,:84.65 105.00 105.00 1 90.00 90.00 0.00 0.00 0.00 2 Labor Rate per Hour by Certified Apprentice 1 EA' . .55,76: ' :' 55:.76 0.00 90.00 90.00 0.00 0.00 0.00 3 Other (Listed Wage Classification(s) intended to be utilized on this contract) 1 EA .' `73.50 - „ ' '' • ' 73:50 0.00 98.00 98.00 _ 0.00 0.00 0.00 4 Other Unidentified Labor (if other labor classifications become necessary to complete this work). Indicate the % over prevailing wage rate to be charged. Percentage _ ^ . a . 20% ., _ 25% Sa . .._ .. .. >.r ... . -... ,. .. .; '.:. ..:. .✓Y:9 T.9 � .. .. ., `Y. 4 ,,:,a ..1.. n A ��. .. ,vac , ,�, ."},' ..A .. .. y::, f, k. ,.- , ... '" �:. t� ."h ... t, a. «C'� :,i' a ,3 `i- �v (�1 -��t sem. jai � _ W ..i�ri4.� : I:ABOR>' EMERGENCY_„ �; , . ,.. � .t+ ,.. .. ._.t, .., - n -a ,.4.,s .. a- 4-. .w_,et">,. i..,, - sine-0''�,... .a`��.i': .. `. l:. i.,✓: z^..z"yu..' : .eh>: h �'l.o a';. `. ..: .y.s .. ",n .' :T. .ic..' _�- 'o" - L.w+.'.: ':'. ..-..., ..? A,t _ ...�w it �-. ......,,.!#i .: _..-..,. 5 Labor Rate per Hour for emergency call out by Licensed Electrician 1 EA 84.65 ' 84:65 105.00 105.00 135.00 135.00 0.00 0.00 0.00 6 Labor Rate per Hour for emergency call out by Certified Apprentice 1 EA 55.76 55.76 0.00 135.00 135.00 , 0.00 0.00 0.00 7 Other (Listed Wage Classification(s) intended to be utilized on this contract) 1 EA ;`>73.50 • ` ' 73.50 - 0.00 147.00 147.00 0.00 0.00 0.00 AWARD AND REASON THEREFORE: ''' ..,.,OrNI.O.r.:N.am.0.-,,„ . ' , ,00.007,- ,a00.: -.--ml -,::::,,, ,endAr, Name.::-,:.:::, Vendor Name - plic19rarrm,,;I: ',,- Vendor *Naire.s:=.;. 1 recommend award to Knobel Electric based on their Bid being the lowest responsive Bid received from a responsible Bidder.Picatti •• , : , . '" • . - , . ' : - , . , - • - Knobel ElOc0c ' ;-. . ... Linden Electric, Inc. Brothers, Inc. BUYER / DATE 8 Other Unidentified Labor (if other labor classifications become necessary to complete this work). Indicate the °A over prevailing wage rate to be charged. Percentage :" . . : ' . ' 20% . 25% . ' - ''' - '''' ..'. '— ' LABORAiter:Houi's.1-Iiiilidaii'bi.4rtiMe• :-: . .'[: . . .`:' ' . 7, , '-','•' : -,,,, : • : :,"'- ' -'- ' 9 After normal business hours, holidays and overtime by Licensed Electrician 1 EA . . ' :146.68 • . „ .. .', -14p.68 157.00 157.00 135.00 135.00 0.00 0.00 0.00 1() After normal business hours, holidays and overtime by Certified Apprentice 1 . EA ,, ,, ,. -,' - 91:00 ,-. • • , , ,. ' r 91.00 , . . 0.00 135.00 135.00 0.00 0.00 0.00 11 Other (Listed Wage Classification(s) intended to be utilized on this contract) 1 . EA . ' .:"' . .1j5.12 ...„ . . . - 135.12 . 0.00 147.00 147.00 0.00 0.00 0.00 12 Other Unidentified Labor (if other labor classifications become necessary to complete this work). Indicate the % over prevailing wage rate to be charged. Percentage . '': ' .. ' , , ' ..0.20 ' . •• " ," `, 0.25 .1.%w::,.7e,',.',-;-; ..;,:...!. " --• ' ' - --/* : r * .,,, k5. . ..k,,, -,,, - , ,,, ,,, ,, , ,,,,, _ , :,....: 4 -",,-,vv,,4,..4,I, - , ,,,,..!k.;:,..,,,,,,,,::,':: :,-, : i.., • ,,,,,, z A:,, --,-,,,,,,;„,„,-,7,7, , z'i'...,, -4?,-, -- .., :';-' . - % :., , -v., - ' -",,,,,%:,,:.:- -" , ri-,. - ' , ,..,..1,4TA:tig:add,Materia ,- . _ - , ' ,' ..,. -, -, , , ::: --, I, ,e,t109a,sillAtifikl'a7rts and,:M.,:aiei;i41105'4's‘gli-ci*'.7.6704;‘,*Niisi::,Nir1,:4iiq,,,,...pt;;,`,,, ,*,atifiegrA,.-;' ' - . ' - . ' •-'s!.- 13 Parts and Materials* Cost Plus (+) % 20% 25% (Or) Parts and Materials* List Minus (-) % . :._ ., N/A (Or) Parts and Materials* Other (explain): , _ N/A AWARD AND REASON THEREFORE: '. Vendor: iiii.-4W,'., Vendor, Name =;,:., elidiii'-:Niiii!':,--,' ,,-inite:iicaair4ec;4451' tir,z*:VeliCIOK iiii.ei :;::., .-,'Vendor Name ' ! !recommend award to Knobel Electric based on their Bid being the lowest responsive Bid received from a responsible Bidder. , • ' , . ',. ' ' - , - -'' ' • • ' • ' '• " ' -• ' • ' •'Picatti :1<nobel ElectriC • Linden Electric, Inc. Brothers, Inc. BUYER/ DATE 14 List discount offered off list price for %' • . ,, , :- . •' : , '. .:: any items not specifically listed: N/A FREIGHT: ''. ''' ,',. ' :' . • : ' '.' ' • , • Any Applicable Frieght for Parts & Materials must be . 1-!: :—• included ',.'.; "INCLUDED '': INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED Response Time: We will provide electrical services:!7.:,,' within HRS/Days from receipt of order & at , :., : .• •• .2 . ' : prices & terms specified unless otherwise noted, . ,' n'' .r. .7 24 Hours.• .. 1:1,. 48 Hours 36 Hours Emergency call-out services will be provided .: :,,•: ?, ".• - within minutes from receipt of order. Maximum j ' ., , sixty (60) minutes. ,, „ ',: ' 30 .Minttes ' , . , •• 60 Minutes 60 Minutes