HomeMy WebLinkAbout7569307 City Safeway Lot - Overhead Light Replacement - Docusign Envelope ID:A8E80553-961 E-4F80-9302-453428869961
CITY OF AUBURN
AGREEMENT FOR SERVICES
Light Head Replacement — City Safeway Lot .
THIS AGREEMENT made and entered into on this llth of Duly , 2024
(the Effective Date), by and between the CITY OF AUBURN (City), a municipal corporation of
the State of Washington, and JNK ELECTRICAL SOLUTIONS, LLC (Contractor), whose
address is 7822 197TH Ave E, Bonney Lake, WA 98391-7118 (UBI # 605 344 092).
I. RECITALS
1. The City owns real property identified by King County parcel number 7331400135,
commonly known as the "City-Safeway" parking lot (the "Site"). Management of the Site is the
responsibility of the City's Real Estate Division;
2. The overhead lighting fixtures on the Site are not working properly due to their age;
3. The Contractor possesses the necessary skills and expertise to replace the existing
light fixture heads with a new, more energy efficient fixture heads at a price acceptable to the
City.
II. AGREEMENT FOR SERVICES
Accordingly, and in consideration of the conditions and the mutual promises and
covenants contained in this Agreement, the parties agree as follows:
1. Scope of Services
The Contractor agrees to perform the tasks described in its Quote #180, which is attached
as Exhibit A (Work). The Contractor will be responsible to provide work products and
services of a quality and professional standard acceptable to the City, consistent with the
professional skill and care ordinarily provided by professional Contractors in the same or
similar circumstances.
Unless otherwise explicitly excluded, the Contractor is responsible for all services related
to completing the Work, including furnishing of all supplies, material, equipment and
permits as necessary for Work at the Site.
The Contractor will, promptly and without additional compensation, correct or revise any
negligent errors, omissions or other deficiencies in its plans, or the installation of its Work
whether during or after the Term of this Agreement. Any approval by the City of
Contractor's Work will not in any way relieve the Contractor of responsibility for the
accuracy and adequacy of its Work.
2. Additional Services
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If additional services with respect to related work are required beyond those specified in
the Scope of Work, and not included in the compensation listed in this Agreement, the
parties will amend this Agreement prior to the Contractor performing the additional
services. The amendment will set for the nature, scope, and payment terms of the
additional services. However, if the time period for the completion of such services makes
execution of an amendment impractical prior to the commencement of the Contractor's
performance, the Contractor agrees that it will perform such additional services on the
written request of an authorized representative of the City pending execution of an
Amendment subject to the terms and conditions of this Agreement except where the
authorization provides to the contrary.
3. Contractor's Representations & Qualifications
The Contractor represents and warrants that it has all necessary licenses and
certifications to perform the services provided for in the Agreement, and is qualified to
perform those services. Contractor represents that the person signing this Agreement on
behalf of Contractor has all requisite authority to bind Contractor to the terms and
conditions of this Agreement.
4. Compensation
As compensation for the Contractor's performance of the services provided for in this
Agreement, the City will pay the Contractor the fees and costs specified in Exhibit A.
These payments will be full compensation for the satisfactory completion, as determined
by the City, for the work performed or services rendered and for all labor, materials,
supplies, equipment, overhead, profit, and incidentals necessary to complete the work.
The Contractor will submit to the City an invoice upon completion of the work. Upon
acceptance of the invoice the City will process the invoice in the next billing/claim cycle,
and will remit payment to the Contractor, subject to any conditions or provisions in this
Agreement or Amendment, including retainage provisions, if any. The Bid number (#180)
must appear on all invoices submitted.
Notwithstanding the price reflected no Bid #180, the not-to-exceed amount for this
agreement is SEVEN THOUSAND DOLLARS AND 00/100 ($7,000). The Contractor will
not undertake any work or otherwise financially obligate the City in excess of this amount
without prior written authorization.
5. Prevailing Wages
If Contractor uses labor by any employee or an owner owning less than 30 % in the
company while performing the services of this contract, then Contractor shall file a
"Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of
Labor & Industries prior to commencing work. The Contractor shall pay prevailing wages
and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions to any non-owner performing labor for this
contract. The prevailing wage rate revision effective date, July 5, 2024, is linked in Exhibit
B and by this reference incorporated herein and made a part hereof. In the event of
employee labor or owners with less than 30% ownership interest in the company is used
to provide work for the contract, the City will not issue payment to Contractor until the City
receives a Department of Labor and Industries approved Statement of Intent to Pay
Prevailing Wages form, copies of certified payroll approved by Washington State Labor
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and Industries (L&I) and an L&I approved Affidavit for the Contractor and each and every
subcontractor providing work for the contract.
6. Time for Performance, Term, and Termination of Agreement
The term of this Agreement will commence on the Effective Date. The Contractor will
perform the services in accordance with the direction and scheduling provided on Exhibit
A, unless otherwise agreed to in writing by the parties. All work performed under this
Agreement will be completed by August 1, 2024.
Termination for Cause. Either party may terminate this Agreement upon written notice to
the other party if the other party fails substantially to perform in accordance with the terms
of this Agreement through no fault of the party terminating the Agreement. The notice will
identify the reason(s) for termination and specify the effective date of termination. In the
event of a default by Contractor, City may suspend all payments otherwise due to
Contractor and the City will have no further obligations to Contractor.
Termination for Convenience. The City may terminate this Agreement upon not less
than seven (7) days written notice, which shall contain the effective date of termination, to
the Contractor. If this Agreement is terminated through no fault of the Contractor, the
Contractor will be compensated for services performed prior to termination as determined
by the percentage of Work completed at the effective date of termination. This payment
shall fully satisfy and discharge the City of all obligations and liabilities owed the
Contractor, who shall not be liable for any anticipated profits or other consequential
damages resulting from the termination.
Upon receipt of a termination notice, the Contractor will promptly discontinue all services
affected and deliver to the City all finished and unfinished drawings, sketches,
photographs, models, and other work products under this Agreement shall become the
City's property. All work products due to be turned over to the City shall become the
property of the City.
All rights and remedies provided in this Section are not exclusive of any other rights or
remedies that may be available to the City, whether provided by Law, equity, in any other
agreement between the parties or otherwise.
7. Contractor's Work, Ownership and Use
The Contractor represents and warrants that: (a) the Work is solely the result of the effort
of the Contractor; (b) except as otherwise disclosed in writing to the City, the Work is
unique and original and does not infringe upon any copyright; (c) the Work has not, or a
duplicate thereof has not, been accepted for sale elsewhere; and (d) the Work is free and
clear of any liens from any source whatever.
All documents, reports, memoranda, diagrams, sketches, plans, pieces, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Contractor as part of his performance of this Agreement (the "Work Products") are
considered "Works Made for Hire" under 17 U.S.C. §201(b), becoming owned by and the
property of the City, may be used by the City for any purpose beneficial to the City, and
are subject to the Public Records Act, 42.56 RCW. The Contractor acknowledges that the
Agreement, and Work Products provided in connection with this Agreement, become a
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public record and may be subject to inspection and copying, unless the information is
declared by law to be confidential or is otherwise exempted from public records disclosure
requirements. The Contractor agrees to give its fullest assistance to the City in identifying,
locating, and copying any records in the Contractor's possession that are responsive, as
determined by the City in its sole discretion, to a Public Records Act request received by
the City.
8. Records Inspection and Audit
All compensation payments will be subject to the adjustments for any amounts found upon
audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement will be subject to
inspection and audit by the City for a period of up to three (3) years from the final payment
for work performed under this Agreement. If any litigation, claim, dispute, or audit is
initiated before the expiration of the three (3) year period, all records and books of account
pertaining to any work performed under this Agreement will be retained until all litigation,
claims, disputes, or audit are finally resolved.
9. Continuation of Performance
If any dispute or conflict arises between the parties while this Agreement is in effect, the
Contractor agrees that, notwithstanding such dispute or conflict, the Contractor will
continue to make a good faith effort to cooperate and continue to work toward successful
completion of the Work and other contractual responsibilities.
10. Independent Contractor
The Contractor will perform the services as an independent contractor and will not be
deemed, by virtue of this Agreement and performance of its provisions, to have entered
into any partnership, joint venture, employment or other relationship with the City. Nothing
in this Agreement creates any contractual relationship between the Contractor's
employee, agent, or subcontractor and the City.
11. Administration of Agreement
This Agreement will be administered by Kevin Garcia, on behalf of the Contractor, and by
the City Attorney, or designee, on behalf of the City. Any written notices required by the
terms of this Agreement will be served on or mailed to the following addresses:
Josh Arndt Kevin Garcia
City of Auburn JNK Electrical Solutions, LLC
25 West Main St 7822 197th Avenue East
Auburn WA 98001-4998 Bonney Lake, WA 98391
Phone: 253.931.4011 Phone: 205.913.3989
Email: Jarndt@auburnwa.gov Email: Kevin@jnkelectrical.com
12. Notices
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or sent by
electronic (email) or regular mail, postage prepaid, [by certified mail, return receipt
requested] and addressed, if to a party of this Agreement, to the address for the party set
forth above. Delivery by email where no delivery failure notification has been received will
be deemed to have been one (1) business day after the email was sent. If addressed to a
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non-party, the notice will be sent, in the foregoing manner, to the address designated by a
party to this Agreement.
Either party may change its address by giving notice in writing to the other party.
13. Insurance
The Contractor will, at its sole expense, procure and maintain for the duration of this
Contract and 30 days thereafter insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of this
Contract by the Contractor, its agents, representatives, or employees.
Contractor's maintenance of insurance as required by the Contract will not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at law or in equity.
The Service Contractor will obtain insurance of the types described below:
a. Automobile Liability insurance written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. Coverage must not be
less than $2,000,000 combined single limit for bodily injury and property damage,
$2,000,000 general aggregate (including umbrella limits) and coverage must include
the following:
a. Owned vehicles
b. Leased vehicles
c. Hired vehicles
d. Non-owned vehicles
e. Motorized/power equipment
b. Commercial General Liability - at least $2,000,000 per occurrence and $2,000,000
annual aggregate, written on ISO form CG 00 01 covering Personal Injury Liability,
Bodily Injury, Property Damage Liability.
c. Workmen's Compensation — Statutory Limits for the State in which the work is to be
performed, together with "ALL STATES", "VOLUNTARY COMPENSATION" AND
"FOREIGN COMPENSATION" coverage endorsements.
For Automobile Liability and Commercial General Liability insurance, the policies are to
contain, or be endorsed to contain that Contractor's insurance coverage will be primary
insurance as respects the City. Any insurance, self-insurance, or self-insurance pool
coverage maintained by the City will be excess of the Contractor's insurance and will not
contribute with it.
Insurance is to be placed with an authorized insurer in Washington State. The insurer
must have a current A.M. Best rating of not less than A:X.
Contractor shall list The City of Auburn as Additional Insured using ISO Additional Insured
endorsement CG 20 10 10 01 or substitute endorsement.
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The Contractor will furnish the City with original certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of this Contract before
commencement of the work.
The City reserves the right to require that complete, certified copies of all required
insurance policies and/or evidence of all subcontractors' coverage be submitted to the City
at any time. The City may withhold payment if the Contractor does not fully comply with
this request.
If the Contractor maintains higher insurance limits than the minimums shown above, the
City will be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Contractor, irrespective of whether such limits
maintained by the Contractor are greater than those required by this Contract or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Contractor.
Failure on the part of the Contractor to maintain the insurance as required will constitute a
material breach of contract, upon which the City may, after giving five (5) business days'
notice to the Contractor to correct the breach, immediately terminate the Contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
14. Indemnification/Hold Harmless
Except for injuries and damages caused by the sole negligence of the City, the Contractor
will defend, indemnify and hold the City and its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits of every
kind, including attorney fees and litigation expenses, arising out of or resulting from the
negligent acts, errors, or omissions of the Contractor, its employees, agents,
representatives, or subcontractors, including employees, agents, or representatives of its
subcontractors, made in the performance of this Agreement, or arising out of worker's
compensation, unemployment compensation, or unemployment disability compensation
claims.
However, 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 Public Entity, its officers, officials, employees, and volunteers, the
Contractor's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Contractor's negligence.
It is further specifically and expressly understood that this indemnification constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section will survive the expiration or termination of this Agreement.
The Contractor shall take all precautions necessary and shall be responsible for the safety
of its employees, agents, and subcontractors in the performance of this Contract. All work
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shall be done at the Contractor's own risk, and the Contractor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection
with the work.
The provisions of this section were separately and mutually negotiated by the parties.
15. Assignment
Neither party to this Agreement will assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party. No assignment or transfer of any
interest under this Agreement will release the assignor from any liability or obligation under
this Agreement, or to cause any such liability or obligation to be reduced to a secondary
liability or obligation.
16. Nondiscrimination
The Contractor may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the
presence of any sensory, mental or physical handicap.
17. Amendment, Modification and Waiver
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or the party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification, or
waiver. Any waiver, approval or acceptance, or payment by any party will not affect or
impair that party's rights arising from any default by the other party.
18. Parties in Interest
This Agreement is binding upon, and the benefits and obligations hereto will inure to and
bind, the parties and their respective successors and assigns, although this section will not
be deemed to permit any transfer or assignment otherwise prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties and it does not create a
contractual relationship with or exist for the benefit of any third party, including contractors,
sub-contractors and their sureties.
19. Force Maieure
Any delay in the performance of any obligation under this Agreement shall be excused, if
and so long as the performance of the obligation is prevented, delayed or otherwise
hindered by any act not within the control of a party such as fire, cyber/ransomware attack,
earthquake, flood, explosion, actions of the elements, riots, mob violence, strikes,
pandemic, lockouts, and emergency orders of the state or federal government.
20. Applicable Law
This Agreement and the rights of the parties will be governed by the laws, regulations, and
ordinances of the City, of the State of Washington, and King County. Venue for any action
involving this agreement will be in the county in which the property or project is located, and
if not site specific, then in King County. It is agreed that any applicable statute of limitation
will commence no later than the substantial completion by the Contractor of the services.
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21. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and will not constitute a part of this Agreement or act as
a limitation of the scope of the particular paragraph or sections to which they apply.
Where appropriate, the singular will include the plural and vice versa and masculine,
feminine and neuter expressions will be interchangeable. Interpretation or construction of
this Agreement will not be affected by any determination as to who is the drafter of this
Agreement, this Agreement having been drafted by mutual agreement of the parties.
22. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision is illegal or
invalid for any reason, such illegality or invalidity will not affect the validity of the remaining
provisions.
23. Entire Agreement
This Agreement together with any subsequent amendments or addendums contains the
entire understanding of the parties in respect to the transactions contemplated and
supersedes all prior representations, agreements and understandings between the parties,
either oral or written. No other understandings, oral or otherwise, regarding this
Agreement shall bind any party.
24. Counterparts
This Agreement may be executed in multiple counterparts, each of which will be one and
the same Agreement and will become effective when one or more counterparts have been
signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN JNK ELECTRICAL SOLUTIONS, LLC
DocuSigned by: DocuSigned by:
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Doug Ruth, Acting City Attorney Kevin Garcia, Contractor
Project Manager:
DocuSigned by:
Pod.
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Josh Arndt, Real Estate Manager
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EXHIBIT A
Scope of Work
Estimate
gaTcI Date Estimate# Terms
I 5th July 2024 180 Due on receipt
ELECTRICAL SOLUTIONS LLC Contractor#JNKELES777P7
7822 197th Avenue East,
Bonney Lake WA 98391
206-962-1413
info@jnkelectrical.com
Bill To Job Address
Josh Arndt 25 W Main St
The City Of Auburn Auburn WA 98001
25 W Main St
Auburn WA 98001
DESCRIPTION Oty Rate Amount
Permit fee 1 $250.00 $250.00
Remove old square light fixture and install(6) 6 $787.00 $4,722.00
new led pole mounted light fixtures.
Lift Rental(Delivery and pickup)Billed at cost 1 $0.00 $0.00
Replacement of(6)pole mounted light fixtures with new 250w led equivalent.
Lift rental
An upfront payment of$3,000 is required before work commences,with the remainder due upon completion.Please
note that this payment schedule is an adjustment from our standard terms,which are detailed at the bottom of this
quote.
Price includes labor and materials.Price does not include lift fee as it will be billed at cost,or sales tax.
Note:BY ACCEPTING THIS QUOTE JNK ELECTRICAL Subtotal $4,972.00
SOLUTIONS LLC IS ONLY OBLIGATED TO PROVIDE AND TAX $0.00
PERFORM ELECTRICAL WORK AS SPECIFIED IN THE ABOVE
SCOPE OF WORK.NO ADDITIONAL SCOPE OF WORK OR FEES
WILL BE ADDED UNLESS APPROVED BY THE CUSTOMER
THROUGH AN AUTHORIZED E-SIGNATURE ON A CHANGE
ORDER.
PAYMENT SCHEDULE:50%PRIOR TO BEGINNING WORK,25%
ONCE ROUGH-IN INSPECTION IS COMPLETE.AND 25%AT
FINAL INSPECTION. FAILURE TO REMIT FULL PAYMENT
WITHIN 30 DAYS OF FINAL INSPECTION WILL RESULT IN A
SERVICE FEE OF 15%APPLIED TO THE TOTAL CONTRACT Total $4,972.00
PRICE. IN THE EVENT OF DEFAULT,THE UNDERSIGNED
AGREES TO PAY ALL COLLECTION AGENCY COSTS.
INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND
COURT COSTS.ANY SUCH EXPENSES INCURRED WILL BE
THE RESPONSIBLITY OF THE DEFAULTING PARTY.
Thank you for your business!If you have any questions in regards
to the above,please call Kevin @ 205-913-3989 or Jeff @ 206-962-
1413.Have a great day!
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Total Contract Amount: $7,000.00
Payment Terms:
o $3,000 due upon execution of the contract
o Remaining balance due upon completion of the work which shall be set by Washington State
Labor and Industries approval of the final electrical permit
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EXHIBIT B
Prevailing Waae Rates
• County work performed: King
• Effective Date of wages: July 5. 2024
• Washington State Department of Labor and Industries Wage Lookup
o https://secure.Ini.wa.gov/wagelookup/?utm medium=email&utm source=govdeli
very
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