HomeMy WebLinkAboutCustom Elec _ COA B Street Plaza Electrical Contract 3.9.22•
Custom Electrical Services — B Street Plaza Electrical
THIS AGREEMENT made and entered into on this =f— of M am( -N 1 2022 (the
"Effective Date"), by and between the CITY OF AUBURN ("City"), a mui 1p I corporation of the
State of Washington, and Custom Electrical Services. ("Contractor"), whose address is 3802
Auburn Way N, Ste 307, Auburn, WA 98002.
RECITALS:
WHEREAS, the City is in need of minor repairs to the electrical infrastructure of the B Street
Plaza and;
WHEREAS, the Contractor, is qualified to perform said repairs and submitted quote #19764,
which is attached as Exhibit A to this Agreement;
In consideration of the conditions and the mutual promises and covenants contained in this
Agreement, the parties agree as follows:
Scope of Services
The Contractor agrees to perform the tasks described in its Quote #19764, which is attached
as Exhibit A. The Contractor will be responsible to provide work products and services of
a quality and professional standard acceptable to the City. The Contractor will, without
additional compensation, correct or revise any negligent errors, omissions or other
deficiencies in its plans, designs, drawings, specification, reports and other services
required, whether during or after the Term of this Agreement. Any approval by the City of
Contractor's services will not in any way relieve the Contractor of responsibility for the
accuracy and adequacy of its services.
If any part of the Contract requires Work that does not include a description for how the
Work is to be performed, the Work shall be performed in accordance with standard trade
practice(s). For purposes of the Contract, a standard trade practice is one having such
regularity of observance in the trade as to justify an expectation that it will be observed
by the Contractor in doing the Work.
The Contractor agrees he has satisfied himself as to the nature and location of the Work,
the character, quantity and kind of equipment needed during the execution of the Work, the
location, conditions and other matters which can in any manner affect the Work under this
Contract, and acknowledges that he has had a reasonable opportunity to examine the
Project site. Reference Information, whether written or oral, provided to the Contractor is
not part of the Contract and there is no guarantee of its accuracy. Any use of Reference
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 1 of 15
The Contractor shall regularly and promptly remove all refuse, waste and debris produced
by his operation. Refuse shall not be permitted to accumulate to the extent that it interferes
with free access to the jobsite. Compliance with all safety requirements of good
housekeeping is an essential part of the Contractor's obligation. In the event of the
Contractor's failure or refusal to meet these requirements, and after 7 -days notification,
refuse removal may be done by the City and charged against the account of the Contractor.
2. 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.
3. 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 B subject
to additions and deductions by Change Order as provided in the Contract Documents.
These payments will be full compensation for work performed or services rendered and for
all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to
complete the work. No payment shall be issued until a Statement of Intent to Pay Prevailing
Wages form, for the Contractor and each and every Subcontractor, has been approved by
the State Department of Labor & Industries, and Affidavit is received by the City.
The Contractor will submit to the City an invoice upon completion and delivery to the City of
those deliverables described in the scope of 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 Agreement. number (#19764) must appear on
all invoices submitted. Copies of original supporting documents will be supplied to the
City upon request. Subsequent invoices shall be submitted every 30 days.
The not -to -exceed amount for this agreement is NINE THOUSAND EIGHT HUNDRED
TWENTY-SIX DOLLARS AND FOURTY THREE CENTS ($9,826.43), which includes
appropriate Washington State Sales Tax. The Contractor will not undertake any work or
otherwise financially obligate the City in excess of this amount without prior written
authorization consistent with this agreement.
4. Prevailing Wages
Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of
Washington Department of Labor & Industries prior to commencing the Contract 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. The
prevailing wage rate revision effective date, March 3, 2022 is attached as Exhibit C and by
this reference incorporated herein and made a part hereof. No payment shall be issued
until a Statement of Intent to Pay Prevailing Wages form and an Affidavit of Labor and
Industries acceptance of a certified payroll for work performed in connection with this
Contract -for -the -Contractor -and -each -and -every subcontractor,, has -been -approved -by -the
State Department of Labor & Industries, and is received by the City. Retainage, if
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
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applicable, shall not be released until an Affidavit of Wages Paid form for the Contractor and
each and every subcontractor, has been approved by the State Department of Labor &
Industries, and is received by the City.
5. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this Contract; and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work
by contract or otherwise, and the Contractor shall be liable to the City for any additional
costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal
costs and attorney fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the Contract work,
including any additional costs, from any and all amounts due or to become due the
Contractor.
6. Time for Performance, Term, and Termination of Agreement
The term of this Agreement will commence on the Effective Date. The Contractor will
complete the tasks provided on Exhibit A, subject to extensions for authorized change
orders, no later than 30 calendar days following the Effective Date. Completion shall
be the date on which the Scope of Work is complete to the extent that the facilities can be
occupied or used for their intended purpose in accordance with this contract. City shall
extend the Completion Date for City -caused delays and/or if a permit is not issued by the
time an inspection is needed.
If said work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. The Contractor shall pay liquidated damages for each working day beyond the number
of working days established for physical completion, according to the following formula:
Contract Price (minus tax and permit fees) x 0. 15, divided by the original number of working
days for completion.
B. The Contractor authorizes the City to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of time
is granted. No deduction or payment of liquidated damages will, in any degree, release the
Contractor from further obligations and liabilities to complete the entire Contract.
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
_____-Gantractor.-If this -Agreement -is terminated through-noJault-of the Contractor, theContractor
will be compensated for services performed prior to termination in accordance with the rate
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 3 of 15
of compensation provided in Exhibit B. 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 data, drawings, specifications, reports, summaries, and
such other information and materials as the Contractor may have accumulated, prepared,
or obtained in performing this Agreement, whether fully or partially completed.
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. Changes, Protest and Claims
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines, for any reason, that a change
order is necessary, the Contractor must submit a written change order request to an
authorized agent of the City within 10 calendar days of the date the facts and events giving
rise to the requested change occurred. The City too may, without invalidating this Contract,
order in writing, extra work or make changes by altering, adding to, or deducting from the
Scope of Work. If the City determines that the change, whether initiated by the City or
Contractor, increases or decreases the Contractor's costs or time for performance, the City
will make an equitable adjustment. The City will attempt, in good faith, to reach agreement
with the Contractor on all equitable adjustments. However, if the parties are unable to agree,
the City will determine the equitable adjustment as it deems appropriate. The Contractor
shall proceed with the change order work upon receiving either a written change order from
the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent
change order requests for that portion of the Contract work. If the Contractor disagrees with
the equitable adjustment, the Contractor must complete the change order work; however,
the Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a change order, another written order, or an oral order from the City, including
any direction, instruction, interpretation, or determination by the City, the Contractor shall:
1.Within 5 days of receiving a written change order or oral order that the Contractor desires
to protest, the Contactor shall give a signed written notice of protest to the City; and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the
Contractor _is_asserting _a_schedule _change or disruption.
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
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The Contractor shall keep complete records of extra costs and time incurred as a result of
the protested work. The City shall have access to any of the Contractor's records needed
for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are followed.
If the City determines that a protest is valid, the City will adjust payment for work or time by
an equitable adjustment. No adjustment will be made for an invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in
the way this section provides. A change order that is accepted by the Contractor as provided
in this section shall constitute full payment and final settlement of all claims for Contract time
and for direct, indirect and consequential costs, including costs of delays related to any work,
either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written or oral order (including directions, instructions, interpretations, and
determination).
G. Claims
The Contractor waives right to a claim if they have not followed the protest procedures
outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor
wishes to pursue a claim, the Contractor shall give written notice of claim to the City within
15 calendar days of the City's notice of its final decision on the Contractor's protest. Any
claim for damages, additional payment for any reason, or extension of time, whether under
this Contract or otherwise, shall be conclusively deemed to have been waived by the
Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Contract. At a minimum, a Contractor's written claim must include the
information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be
an absolute waiver of any claims arising in any way from the facts or events surrounding
that claim or caused by that delay. The Contractor must, in any event, file any claim or bring
any suit arising from or connected with this Contract prior to signing the Final Payment Form.
8. Warranty.
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected, the
warranty for that portion of the work shall extend for one year from the date such correction
is- completed _and_accepted_b_y_ the_ City. T_heContractor _shall -begin _to_correct-any _defects
within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 5 of 15
does not accomplish the corrections within a reasonable time, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
9. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, 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"), if any
will be owned by and become the property of the City, may be used by the City for any
purpose beneficial to the City, and are subject to the requirement of the Public Records Act,
42.56 RCW, The Contractor acknowledges that the Agreement, and documents provided in
connection with this Agreement, become a 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.
10. 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) pear 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.
11. Continuation of Performance
In the event that 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 delivery of services and its contractual responsibilities.
12. 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.
13. Administration of Agreement
This Agreement will be administered by Jason Becker, 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:
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 6 of 15
City of Auburn
Josh Arndt, Real Estate
Manager
25 West Main St
Auburn WA 98001-4998
Phone: 253.288.4325
Email: jarndt@auburnwa.gov
Custom Electrical Services
Josh Nicol
3802 Auburn Way N Suite 307
Auburn, Washington 98002
Phone: 425.282.4971
Fax: 425.276.5944
Email: josh@customelectricalseattle.com
14. 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 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. If
addressed to a 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.
15. Insurance
The Contractor will, at its sole expense, procure and maintain for the duration of this
Agreement 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
Agreement by the Contractor, its agents, representatives, or employees.
Contractor's maintenance of insurance as required by the Agreement 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 covering all owned, non -owned, hired and leased vehicles
used in connection with performance and construction work of at least: $2,000,000
combined single limit for bodily injury and property damage, $4,000,000 general
aggregate (including umbrella limits). Coverage must include the following:
a. Owned vehicles
b. Leased vehicles
c. Hired vehicles
d. Non -owned vehicles
0
Commercial General Liability - at least $2,000,000 per occurrence and $2,000,000
annual aggregate, including Personal Injury Liability, Bodily Injury, Property Damage
Liability and Contractual and Products/Completed Operations Liability naming the City
of Auburn as additional insured using ISO Additional Insured endorsement CG 20 10 10
01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsement providing at least as broad coverage. Coverage must be primary
and non -contribution and include the following:
(i) Premises – Operations
(ii)—Elevators-and-Hoists--
(iii) Independent Contractor
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
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(iv) Contractual Liability assumed under the Professional Services Contract
(v) Completed Operations– Products
(vi) Explosion, Underground and Collapse (XUC) Coverage
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 of Auburn. 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. All such policies of insurance
must contain a provision that the company writing said policy will give thirty (30) days prior
written notice of any cancellation or lapse of the effective date or any reduction in the
amounts of such insurance. As well, the policies shall preclude subrogation claims by the
insurer against anyone insured thereunder.
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 Agreement 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 anytime.
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 Agreement 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 business days' notice
to the Contractor to correct the breach, immediately terminate the Agreement 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.
16. Indemnification/Hold Harmless
—ExceptJor 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
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 8 of 15
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 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 Consultant and the Public Entity, its officers, officials, employees, and volunteers, the
Consultant's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Consultant's negligence.
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
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 Contractor agrees that neither completion nor final acceptance shall relieve the
Contractor of the indemnity and other provisions of this section.
If 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.
17. Assignment and Subcontracting
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.
The Contractor shall not subcontract work unless the City approves in writing. If the City
requests, the Contractor shall provide proof that the subcontractor has the experience,
ability, and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing
Wages on Public Works) and to furnish all certificates and statements required by the
Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages
form, for the Contractor and each and every subcontractor, has been approved by the State
Department of Labor & Industries, and is received by the City.
Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve_the Contractor of -any _obligations _ or liability_ under_ the c
Contractor's bond.
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
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3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
This section does not create a contractual relationship between the City and any
subcontractor. Also, it is not intended to bestow upon any subcontractor, the status of a
third -party beneficiary to the Contract between the City and the Contractor.
18. 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.
19. Amendment. Modification or 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.
20. 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.
21. Force Majeure
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.
22. Applicable Law
This Agreement and the rights of the parties will be governed by with 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.
23. 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 th_e_plural_and-vice versa _and_masc_uline,_feminine-and
neuter expressions will be interchangeable. Interpretation or construction of this Agreement
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
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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.
24. 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.
25. 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. This Agreement specifically supersedes and replaces the March 19
Agreement between the parties, which the parties have terminated by mutual agreement
without fault, cost or damages to either party. No other understandings, oral or otherwise,
regarding this Agreement shall bind any party.
26. Non -Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may be
terminated by the City at the end of the period for which funds are available, without the
seven (7) days' notice provided by Section 5. No liability will accrue to the City in the event
this provision is exercised, and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
27. 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.
28. Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by
giving precedence in the following order:
❑ applicable federal and state of Washington statutes and regulations
❑ this agreement
❑ Exhibits A, B & C
[SIGNATURES ON THE FOLLOWING PAGE]
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 11 of 15
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
. �MLVAJ cwao
Kendra Comeau, City Attorney
Approved as to form:
O
Dougla -R-Cifh, Senior City Staff Attorney
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 12 of 15
CUSTOM ELECTRICAL SERVICES
Signature
Name:, .... 7-vvSkele' k1
Date:
Federal Tax ID No: q Q -0-1 $ 10 -1 k
'IleF
CTR%CAI SO*
Custom Electrical Services
3202 Auburn Wap_ N. Ste.307 Auburn, WA 90002
info@customelectricalseattle.com
Ph 425-282-4971
Fax 425-276-5944
Job Location & Contact:
Josh Arndt
25WMain St
Aubum, WA98001
jarndt@auburnwa.gov
c 253-561-1235
Billing Details:
The City of Auburn
25 W Main St
Auburn, WA -98001
Labor $5,426.43
Materials $4,400.00
Subtotal $9,826.43
Tax $0.00
Total $9,826.43
Amount Paid $0.00
Amount Due $9,826.43
Contractor information:
Prepared by: Josh Nicol
License M CUSTOES893J2
Phone: (425) 282-4971
Email: josh@customelectricalseattle-corn
EXHIBIT A
Scope of Services
Quote ##19764
date by: 23tcl Ffbr,uary 2022 03/3/2022
Scope of Work:
Price includes labor and materials_
Final Payment Custom Electrical Services is a COD company. Customer agrees
to pay upon oompletion of Work_
Description Qty xPrice Amount
Post light mount for GFCI weather proofs
4 x $195.00 $780.00
Install weatherproof 120 volt GFCI protected receptacle - circuit
extension PVC(Materials Will match submittals)
8 x $255,00 $2,040.00
Miscellaneous electrical (Prevailing wage man hours supplemental
charge)(Includes grad trip for further investigation of scope)
1 x $1,200.00 $1,200.00
15/20 amp 12.0 Volt dedicated circuit #8 THHN (Voltage drop over 300')
1 x $2,395.00 $2,395,00
Concrete hand hole for electrical connections at planter areas
8 x $295.00 $2,360.00
Permit Fee
Sales tax
1 x $150.00 $150.00
1 x $901.43 $901.43
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OUR CONTIM ATL 3LUMAIL IS GUARANTM UNDER4 ARMUS SUP'PLZfit AND IM2, TI TURME
W.4M NTff5..4LL LiBDR35 GUAF-4N=FOR Chic YL4RFROSl THE DATE OF CONTRACT. ALL
FAYNELNTSMUST aEAMIZ PER CONM4,CTAGREF MN7 TOACMATE W4RL-L'iTY.
RATBM TTSCEMML£SMAILBE W.DOWN MOR TOB£Gia INGWORIk_31. AFIERROUGH-W
IN5PECEMNAND 2?a AT FLmAl. N6-IMMONAI. CH.ARGE VOLL BE NIADE TO THE CLENT VNLESS
ADDITIC 1AL W ORK OUTME TSE ORIGMIL SCOPE OF W%ORBIS REQUESTED. LN THE Ea-,mT OF
FAnMMTOPAYFCR. OUR SERW-DCESd1ATERL:LS WMEN 30 DAYS PASTiZ+ ALL ]NVECMX A W.
FEE UML BEAMED TO TIME TOTAL CONTRACT COST. LV THE EIM4T OF DEFATJLT. Td : CLMU {OR
PE (r4 WWZMG CON-M-ICT)AGREES TO P_aY COLI.£CTTON COS7S LgMUI IIiGBUTNOT LN=
TO REASI'+T- BU 4,TrO3Nn FEES AND 311 COURT COSTS. ff M.YINGBY CREDTT CARD. PLL45E
ADD 3.r.. TO TOYti C OST FOR CREDIT CARD COAVANYFFES.
Note: if paying by Credit
Card, a processing flee might
be applied.
------------------------------
Sign-Off Signature
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 13 of 15
EXHIBIT B
Payment Terms
Total compensation for the Contractor's services will not exceed $9,826.43, inclusive of
applicable Washington State Sales Tax, for the term of this Agreement. Payment will be
provided by the City as follows:
• Upon completion and delivery of all deliverables described in quote
#19764 (Exhibit A) subject to the Intent and Affidavit requirements
described in Section 3.
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 14 of 15
Exhibit C
Prevailing Wage Rates
• County work performed: King
• Effective Date of wages: March 3, 2022
• Washington State Department of Labor and Industries Wage Lookup
o https://secure.ini.wa.gov/wagelookup/?utm medium=email&utm source=q
ovdelivery
Agreement # 19764 — B Street Plaza Electrical
March 7, 2022
Page 15 of 15