HomeMy WebLinkAboutKnobel's Electric, Inc. - 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 (hereinafter referred to herein as "Contract"), made and entered into this ( day of,
2016, between the City of Yakima ("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. 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 of the Bid J11603 -S On -Call
Electrical Services and the bid documents, which are all attached and 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 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 other party, as listed herein for its 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 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 prior written consent of the other.
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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. Company shall provide the City sufficient, safe, and proper facilities, and/or send copies of
the requested documents to the City. Company's records relating to the Services will be provided to the City
upon the City's request.
8.2 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 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 the records relating to the Services are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records
relating to Contractor's services under this Contract must be retained by Contractor for the minimum period
of time required pursuant to the Washington State Secretary of State's records retention schedule.
8.4 The terms of this section shall survive any expiration or termination 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.
11.1 Procurement of a City Business License. Contractor must procure a City of Yakima Business
License and pay all charges, fees, and taxes associated with said license.
11.2 Contractor must provide proof of a valid Washington State Contractor Registration number.
11.3 Contractor must provide proof of a valid Washington department of Revenue state excise tax
registration number, as required in Title 85 RCW.
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11.4 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 39.06.101 or 36.12.065(3).
11.5 Contractor must provide proof of a valid Washington Employment Security Department number as
required by 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. 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/prvWagelookup,aspx. 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,
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 shall take all necessary precautions in performing 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, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts
or omissions of Contractor, its officials, officers, employees or agents.
14.2 If any suit, judgment, action, claim or demand arises out of, or 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 liable for its
proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs
and expenses, including reasonable attorneys' fees.
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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.
14.4 The terms of this section shall survive any expiration or termination of this Contract.
15. Contractor's Liability Insurance:
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force
insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
Contractor 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.
The following insurance is required:
15.1 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 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 Best's Guide and admitted in the State
of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities
or obligations assumed by Contractor under this contract.
15.2 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 Best's Guide and admitted in the State of Washington. The requirements
contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is
not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor
under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary.
15.3 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 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 elected and
appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually
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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.
15.4 Employer's Liability (Stop Gap):
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than $2,000,000.00. The
City shall not be held responsible in any way for claims filed by Contractor or its employees for services
performed under the terms of this Contract. Contractor agrees to assume full liability for all claims arising
from this Contract including claims resulting from negligent acts of all subcontractor(s). Contractor is
responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply
with insurance requirements does not limit Contractor's liability or responsibility.
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.
16. 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.
17. Contract Documents:
This Contract, the Request for Bids #J11603 -S, Scope of Work, conditions, addenda, 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.
18. 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.
19. 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.
20. 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 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.
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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 or interpret this Contract shall lie in a competent jurisdiction in Yakima County,
Washington.
23. 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.
24. Notice:
Any notice required or permitted to be given under this Contract shall be in wirting and deemed effective if either delivered
in person or by overnight courier, facsimile or first class mail, certified with return receipt requested. Notices to the parties
shall be delivered to:
TO CITY: , City Manager
City of Yakima
City Hall—First Floor
129 North Second Street
Yakima, WA 98901
COPY TO: City of Yakima Purchasing
City Hall—First Floor
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: Knobel's Electric, Inc.
Clifford P. Knobel
801 Tennant Lane
Yakima, WA 98901
25. 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 OF YAKIMA
11.7
Je u interim City Manager
Date: 17q-'{ 1 1 !1 i
Attest:
KNOBEL' ECT , INC. ni
Y:
Date: q_ l s - ( 6
(Print name)
City Clerk
CITY CONTRACT NO: way - 06 3
RESOLUTION NO:
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