030-20 - Pacific Air Control, Inc. - Contractand
CITY OF'PORT ORCHARD SMALL WORKS I'NDER 35K
CONSTRUCTION CONTRACT NO. CO3O4O
PUBLIC WORKS PROJECT NO.2O2O.OO2
THIS Agreement is made effective as of the lgth day of Epbruary-, 2020_,by
and between
CITY OF PORT ORCHARD, WASHINGTON ((CITY')
216 Prospect Sfreet
Port Orchard, Washington 98366
contact: MayorRobert Futaansuu phone: 360.976.4407 Fax: 360.g95.9029
PACIFIC,AIR CONTROL. INC *- (..CONTRACTOR")
Bothell.wA 98021
Contact: Amber Scott Phonez (206)682-6393 E-mail: ambers@pacificaircontol.com
for the following Project:
City Hall HYAC repairs (proposals: #l l Ig023, gtgBq (..PROJECT,)
The City and Contractor agree as follows:
l. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division I of WSDOT Standard Specifications for Road, Bridge and Municipal
Constuction, 2zu- edition, together with APWA Supplement (l-99), subject to specific
provisions contained within the public works Terms and conditions;
c. The attached Special Provisions, plans and Specifications;
d. Written change orders or orders for minor changes in the Work issued after execution of
this Agreerrent;
e. Public Works Terms and Conditions;
f. Insurance and Bonding Requirements; and
City of Port Orchard and Pacrfic Air Control, Inc
Public Works Project No. PW2020-002
Small Works Contract No. C030-20
Page I of 19
Rev 7ll8ll9
g' The bid proposal submitted by the contactor, except when inconsistent with contractDocuments a-f.
The intent ofthe contract Documents is to include all iterrs necessary for the proper executionand complaion of the work by the contactor. These contracroocumeirts complemeirt eachother in describing a completework. Any requireurent in one do"oor*t binds as if stated in all.
fheconqactor shall provide any work or"materials clearly implied in the conhact even if theContract does not mention it specifically.
2' Date of conrmencement and substantial completion Date. The date of commencernentshall be *March L.-2020 *-. The contractor rrrurir"u.iurtially complete the work notlater than Mav 31. 202Q *, subject *" "a:".**-Ul"n.oge o.O"r.
3' The contractor shall do all work and furnish all tools, materials, and equipment in accordancewith the above described constuction conhact Do";;;. The contracLr shall provide andbear the expense of all equipmenl work, *a ruuo.lianv sort whatsoever that may be requiredfor the transfer of materials and for constructing a"d"ffi*ing of the work provided for inthese Constn'rction Contract Documents, except those items mentioned therein to be fumishedby the City.
4' subject to additions-anf^d{uctions by change order, the constnrction confract sum is the basebid amount of s UJ69'?1* including applicable ,ut", tax. The construcrion conhact sumshall include all iteurs and services nu"".rury tr g" ;;* execution and completion of thework' The city hereby promises and agrees with the eo,,t,ut* to employ, and does employthe confractor to provide the materials and to do and "urr" to be done the work described inthe construction contract Documents aud to *-pr"," ura finish the ,",," ".."iairg to theplans and specifications and the terms and conditions herein contained; and hereby conhacts
8"1il.*:
the same at the time and in tn" **., *Jrp"ffi; ,;rdffi;ilffi for in this
5' The contactor agrees to comply with all state and federal lawsrelating to the employrrent ofIabor and wage rates to be paid. The contracr"."g""r t"'Irr*isn iosiruo.e oitti" t5rpr, *oin the arnounts set fortrr in the construction contratoo.ri"n r.
6' The contractot uq?t:.to replir and repl.ace- all property of the city and all property of othersdamaged by himself, his emproye"r, urid .ut-*"t i"torr.
- *'
7 ' The contactor for himself and for his heirs, executors, administrators, successors, and assigns,
3:i#:ll agree to the tull performance of alt the .or"n*t herein upon the parr of the
8' It is fuither provided that no liability shall attach to the crty of port orchard by reason ofentering into this construction contract, except as expressly provided herein-
city of Port orchard and pactfic Air control, IncPublic Workr Project Mt. pW020_002
Small Works Contract No. C030_20
Page 2 of 19
Rev 7/18119
9. Titte W
The City of port Orchgd,, in accordance with Title VI of the Civil Ri8hts Act of 1964, ?g Stat. ZS2,42 u's'c' 2000d to }oood4 ana ritre +g,'coa" or.reae"ar--ne;;i" , Departrnent of rransportationsubtitle A' ofEce of thS.fecrSt*y,, t^i'21]nondiscrimi"uri;; i";derally assisred programs of the3"Jffill:f#Tfiiffijfl i"uJ pu'.,,,i*o such A";;-;;';ffimrativery i,,*" fiut?s confracts
H";;*; ffiiffX#ffffijj:l- Aereement, the contractor, rorirserr, its assignees, and
I' compliance with Regulations: The contractor will compry with the Acts and the Regulationsrelative to Nondiscrimination in Federaily-ar.irr"a f."gr"lr,'. oi*," u.s. Department ofTransportation, Federar Highway Adm#sr ti"; G'Inf,Ai,;;.y may be amended from time totime, which are herein incorporated byiefereoce and made a part of this Agreernent.
2' Nondiscrimination: Thecontractor, with regard to the work performed by it during thisAgreanent, wilr not discriminate on tt" gro*as of race, ""i"i."ti"ral origin, sex, age,disabilify' incomeJevel, or LEP in the selection ura ,"t"ntio, lisuucontractors, includingprocurements of materials and leases of ",quipment. TilC;;;;torwill not participate directly orindirecttv in the discrimination n.rriuit"aiv the Acts ;;;;i.;grrations as set forth inAppendix A, attached hereto ani inconrorated he"in by a;;r"i"r"o"r, incruding emproyment
Xffi:ffi.;Hfs Asreement covers anv activitv, p-6;;;;;"gram sct fortr'in eipJnaix B of
3' solicitations for subcontracts,Includlng Procurements of Meteriars and Equipment In allsolicitations, either by competitive bidding, or negotiation made by the contractor for work to beperformed under a subcontract, including procurfirents of materials, or leases of equipment, eachpotential subcontractor or supplier will b-e-notified by the crrt""to, of the confactor,sobligations under this Agreernent and theActs and tire R"crrr,r;;r relative to Non-discriminationon the grounds of race, coror, nationar origin, ;,;;;, a;r"Jiri,v, ir"omc_rever, or LEp.
4' Infor:nation and Reports: The conhactor will provide all informatio-n and reports required bythe Acts' the Regulations and directive, lrru"a pr*"-rtr,"rt" *a *irt permit access to itsbooks' records, accounts, other sources oii.tor,nutioilffi f.rilities as may be determined bythe ciry or ttre FHWA to be pertinent to ascertain "r-irri*"" Jii s,rch Acts, Regulations, andinstructions' where any information required ortrre coit a"#i*..io ,t" exclusive possession ofanother who fails or refuses to furnish tire informatioo, ,rr" coitr"ctor will so certiry to the city orthe FHWA' as appropriate, and will t"t io.tr, *nat erortsi, u", *"a" to obtain the infornation.
5' sanctions for Noncompliance: In the event of the contractor's noncompliance with the Non-discrimination provisions of this Agreernent, lfre-Cip, *ill imp;;uch contract sanctions as it orthe FHwAmay determine to be apf,ropriaie, including, but not limited to:l ' withholding payments to the iontractor under the Agreement untl the contractorcomplies; and/or2. cancelling, terrninating, or suspending the Agreement, in whole or in part.
6' Incorporation of hovisions: The contractor will include the provisions of paragraphs onethrough six in every sYb*nI"$ including procurements of maierials and leases of equipment,unless exempt by the Acts, the Regulation-s and directives issued pursuant thereto. The contractor
9iry of Port orchard ond pactfic Air control, IncPublic lllorlrs project No. pW1020_002
Srnall Works Contract No. C030-20
Page 3 of 19
Rev 7ll8ll9
will take action with respect to any subcontract or_procurem€nt as the city or the FHwA maydirect as a means of enforcing i;t;;;;;in:riraing;;;;;;;"r"ornpliance. provided,that if ttre conhactor beclme. ;"votrea io, o,i, ,rrou,";;&ffiG*n o, a subcontactor, or
,'J'r',:'Aiffi H:s,i:"$frTfi il,#;:f**lavrequestorecitvr"rtTrJ";til;;;,
"nto ioto t
" rrtre"tr**to protect rhe interests "iffi"JtrjTf-.*"*
the united s-til;;"
on the #"ffiJ"ffiffoF' theparties heretohavecausedthis contrac*o beduryexecuted
CITY OF PORT ORCHARD CONTRACTOR
Robert
ATTE S T/AUTTTEN TIC ATE :
CitV Clerk
AS TOFORM:
A. Arche.,City Afforney
t1
city of Port orchard and pactJic Atr contror, IncPublic Worl<s project No. pW2020_002
Small Works Contract No. C030_20
Page 4 of lg Rev 7 /l8,/tg
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CERTIFICATE AS TO CORPORATE PRINCIPAL
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Corporate Seal
(Corporote Officer (Not Contract Signer))certify that I aur the (Coryorate Title) of the
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named as Contractor in the Agfeement attached hereto; that
of the Contractor, was then
(Contract Signer)who signed said Agreement on behalf
(Corporate Tttle)of said corporation;that said Agreement was duly signed for and in of said corporation by authority of itsgoveming body, and is within the scope of its corporate powers.
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Subscribed and sworn to before me this -tOay of
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city of Port orchard and pacific Air control, IncPublic Wctrks Project No. pW20Z0-002
Small Worla Contract No. C030-20
LAU HIE WATTERS
N ota ry pu blic
State of Washington
M y Cornrnissi on Expi.res
Februa ry 10, 2AZ1
Page 5 of 19
Rev 7ll8ll9
I-r
CITY OF PORT ORCIIARI)
PUBTIC WORK PRO.IECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA
Supplerrent (Section l-99), as issued by the Washington State Deparnnent of Transportation and
Americau Public Works Association, Washington State Chapter, hereinafter referred to as the
"standard specifications". The standard specifications, exce,pt as they may be modified or
superseded by these provisions, shall govern all phases of work under this Contract, and they are
by reference made an integral part of these specifications and Contact as if herein fully set forth.
When the provisions of the standard specification conflict with the terrrs and conditions as
contained herern, the terms and conditions shall prwail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and ite,ms of labor,
material, equipment, tools, overhead and compensatioq supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US fi:nds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor,'
means the successful bidder who has satisfied the requiremeirts for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid. *W^ork" means the construction and services required by
the Contract Documents, whether completed or partially completed and includes all other laboi,
materials, equipment and senrices provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State cemificate
of registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the biddeds employees working in Washington, an
Employment Security Departnent number, and a state excise tax registration number. tn addition,
the bidder must uot be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39. 12.065(3).
4. PUBLIC WORK REQUIREMENTS: This protect constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
paymeirt of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in rnaking their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifiJations. The Contractor
shall complete and file State of Washington, Deparfinent oflabor & Industries, Staternent of Intent
to Pay Prevailing Wages and Affrdavit of Wages Paid fonns and shall familiarize itselfwith their
requireme,lrts. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will fumish insurance as stipulated in
the Attachment entitled "Insurance Requirements.,,
6. RECEIPT OF ADDENDA: AII official clarifications or interpretations of the bid documents
will be by written addenda only.
City of Pon Achard and Pacific Air Control, Inc
Public Works Project No. PW2020-002
Small Worlrs Contract No. C03G20 Frev Tllgllg
page 6 of 19
7. PROJECT COMP-LIANCE: In compliance with the request for quotation, Bidder hereby
proposcs to perfomr all work for this project in strict accordance with thl Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the perfonnance of this Contract.
8. TAXES: Proposals_shall include all applicable taxes except sales tax which is a sqarate bid
item. It shall be the Bidder's responsibility to fumish FederaiExcise Tax Exemption iertificate,
when applicable.
9' ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all pemrits, inspection fees, and fees
required in the performance of this Contract, including those iharged undlr RCW 39.12.070 by
the Deparhnent of Labor and lndustries for the approval of statements of intent to pay prevaiting
wages and the certification of affidavits of wages paid, etc. The Departnent may alsociarge feei
to persons or organizations requesting the arbiration of diqputes under RCW 39.12.06b. The
contractor is responsible for all fees resulting from these statuies.ll. CONTRACT: The Contract, when properly signed, will be the only form that will be
recoedzed by the City as an award. The executed Contract supersedes all previous
communications and negotiations, except as rcferenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Conhact without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Contract
resulting from this invitation to bid without the City's prior written consent. No waiver by the Cityof a breach of any provision of the terms and condiiions outlined in the invitation to-bid shail
constitute a waiver of any other breach of such provision or of any other provisions.
12. CIIANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shatl comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change and give the description to the other parry (the 'thange Notice,,);
(b) Before proceeding with the change in Worlq unless otherwise ex"ur"a Uv erneigency, the
Contractor shall provide the City with a fixed-price written estimate of the cosi and time impact
of the change in Work; and (c) The City and the Contactor shall execute a Change Oider
confirming their agreement as to the change in Work, the fixed-price cost, and the extension ofthe
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price
basis, the change order shall identifu the agreed method of compensatlon.
13. CHANGE DIRECTMES: A "Change Directive" is a written order signed by the Ciry,
{irecting a change in the Work prior to agreement on adjusflnent, if any, in the Confract Sum or
Substantial Completion Date, or both. The City may by Change Directivi, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completiou Date biing
adjusted accordingly. A Change Directive shall only be usd in the absence of ioal agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor strall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method for deternrining the proposed adjushrent in the Contract Sum andlor
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive sigaed
by the Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
City of Pon Orchard and Pacific Air Control, Inc
Puhlic Works Project No" PW2020-002
Stnall Worlcs C-ontract No. C030-20
page i of 19 Rev 7/lg/19
9d"t If the parties are unable to agree on an adjustnent to the Contract Strm and/or SubstantialCompletion Date, if any, then either party may suumit the mafter for aet *rlnatioi in accord*cewith Section 21.
14' MINoR CHANGES IN THE WORK: The City shall have the authority to order minorchanges in the Work not involving adjusfinent in the Connact Sum or extension of the SubstanfialCompletion Date and not inconsistentwith the Contract documents. The Contractor shall prompflycarry out such written orders forminor changes in the Work.15' COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants fullcompliance with all applicable local, state or federal laws and regulations and agrees to indemnifyand defend the City against any loss, cost, liability or damago, including reaionable attomey,sfees, by reason of successful tidde/s viohtlbn of thi, puogrdh.
16' INDEMNIFICATION: All services to be rendered or-p"ito*rd under this Conhact will beyldered or performed entirely at the Contractor's ot* .irt. The Contractor shall defend,indemnify and hold the City, its officers, officials, employees and volunteers harmless from anyand all -claims, injuries, damages, losses_ or suits inciuding attorney fees, arising out of or inconnection with the performance of this Contract, except foi inlurieand damages-caused by thesole negligence of the City. Should a court of competent jurisdiction determine that this Contractis subject to RCW 4.24-115, then, in the event of Uatitity for damages arising out of bodily injuryto persons or damages to propeity caused by or resulting from tnJ concunJni ""gtig*"" of theContractor and the City, its offrcers, officials, employeeslnd volunteers, the Contictlr,s liabilityhereunder shall be only to the extent of the Contracior's negligence. It is further specifically andexpressly understood that the indemnification provided here-iniorstitutes the'Contractor,s waiverof immunity under lndustrial Insurance, Title 51 RCw, solely for tha purp;", of thisindemnification. This waiver has been mutually negotiated by thep"artier. Th.;;;i;ions of thissection shall survive the expiration ortermination oI*rir contact.
17' TERMINATIoNT This Conhact may be terminated in whole or in par! without penalty, underthe following conditions: l) by mutual wlitten agreement; 2) by the City for breach by theContractor of any of the obligations or requiremenls set f"rth i; the Contract Documents whichwould, at the option ofthe City, require the Contractor to assume liability for any *J ar damages,including the excess of re-procuring similar products or services; 3) fo; "oou.rii*"" ortrr" city;or 4) by the City for non-appropriation of funds.
18' TERMINATION BY TIIE CITY WITHOUT CAUSE: Notwithstanding any other provisionscontained hereirq the City, without cause, may terminate the Contact bltrveen the parties byproviding notice to the Contactor. Upon termination under this section: l) Allob-ligations of the parties are dischargo4 but any right based ,pon breach or performance occurringprior to tennination survives; 2) If ttre reasonable iosts ofpa.formance incurred by the Conhactorprior to termination elcegd the amount paid by the City to the Contractor on the Conhact Sum, theCity shall reimburse the Contactor in tfie amount of such excess; 3) If the u*ou"t puiJLy the Cityto the Contractor on the Contract Sum exceeds the reasonable costs of perfomrance incurred bythe Contractorprior to termination, the Contractor shall reimburse the City in the amount of suchexcess; and 4) Any funds obtained or retained by the Contractor as proviied in subsections 2) or3), above, shall constitute full payment and consideration for th" servi""r p.ii"r-.a by theContractor prior to tennination.
19' CoMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance withthese terms and conditions, not withstanding any previous custom, practice, o, "o** of dealingto the contrary
City of Pon Orchard and pacfic Air Control, Inc
Public Worla Project No. pW2020-002
Small Worlas Contract No- C030-20 Rev Z/lg/19page 8 of l9
20. PAYMENT: Contractor shall maintain time and expense records and provide the,m to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Conftactor will correct or
modifr the work to comply with the Contract. City may withhold payment for such work until the
work meets the requireme,nts of the Contract.
21. DISPUTE RESOLUTION: ln the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation, Either party may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such party's position. Within ten (10) days of the delivery ofthe Notice of Dispute, the parties
shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not rcsult in a settlernent of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbiration and Mediation
Services (*JAMS") in accordance with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washingtoq provided, if JAMS is unable to
conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
22. WARRANTY: Contractor shall provide a one (1) year warranty for the work and
improvements installed by Contractor pursuant to the Contraet, subject to the following terms and
conditions: Contractor agrees that the work and improveme,lrts installed pursuant to the Contract
shall remain free from defects in material, workmanship and installation (or, in the case of
landscaping, shall survive,) for a period of twelve (12) months after written and final acceptance
of the same and approval by the City. Maintenance is defined as acts carried out to prevent a
decline, lapse or cessation of the state of the project or improvements as accepted by the City
during the twelve (12) month period after final and written acceptance, and includes, but is not
limited to, repair or replacement of defective workmanship, materials or installations. Contractor
shall, at its sole cost and expense, carefully replace and./or repair any damage or defects in
workmanship, materials or installation to the City-owned real property on which improver:rents
have been installed, and leave the same in as good condition as it was before commencement of
the work. City and Contractor agree that in the event any of the improvements or restoration work
installed or completed by Contactor pursuant to the Contract fail to remain free from defects in
materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period
of twelve (12) months from the date of approvaVacceptance of the work by the City, Contractor
shall repair and/re,place the same within ten (10) days of demand by the City, and if Contractor
should fail to do so, then Contractor shall:
L Within twenty (20) days of demand of the City, make written commitnent to the
City that it will either:
City of Port Orchard and Pactfic Air Control, Inc
Public Works Project No. PW2020-002
Small Worl* Contract No. C030-20
Page 9 of 19
Rev 7ll8l19
a). remedy the default itself wittr reasonable diligence pursu:xnt to a time schedule
acce.ptable to the City; or
b). tender to the City within an additional ten (10) dap the amount necessary, as
determined by the City, for the City to rcmedy the default.
2' In the eve'lrt Contractor fails to_make repairs or provide maintenance within the time period
requestedby the City, then the !ity, its empfoyees and agents shall have the right at thicitys
sole election to enter onto said prop€rty-described ab6ve for the purpose If rcpai.iogir
maintaining ttre improvements. This provision shall not be consEued as -""ti"g - oUligaion
on the part of the City on its rqnesentatives to repair or maintain such improvfrents.
Any corrections requiredty the City shall be commgnced within ten (10) darc of notification by the City and
9*t4"td withh thirty (30) days of the date of notification. If ttre *o*ir not perforrned in a timely manner,the city shall have the right, without recourse to legal action, to take such "fo;; d;;b.d above. Nochangg extension of time, alteration or addition to tle work tl Ue perromred by Contractor slau affect theobligations of conhactor under this wamanty. h addition, contactoi shall perform a walk-through with city
I€pYlntative(s) one (l) year after final acceptance of the project to detennine if any repairs * iuint"n"rofor defective workmanship, materials, or installations is *drilra. If sq such repairs and maintenance will beundertaken by confractorpursuant to the timeline and procedures described above.
city of Port orchard and pacific Air control, Inc
Puhlic Works Project No. pW2020-002
Small Works Contract No, C030-20
Page 10 of 19
Rev 7 /1,811,9
CITY OFPORT ORCHARD
INS URANiC E REQUIREMENTS
The contractor shall procure and maintain for the duration ofthe contract with the city, insuranceuqPtJ claiml for injuries to p".sor^ oi o*us. !o property which may arise from or in connection
Hfr#:J*ffiHil":r'f..work hereund"' tv m" Cl"turtor, their ug*t, i"pr.r*tutir".,
No Limitation' The contractor's maintenance- of insurance, its scope of coverage and limits asrequired herein shall not be construed ro lpil th" t;ii6 "r u" conrractor ;" flr; coverageprovided by such insurance, or otherwise limit the city's .;;";;" to any remedy availableat lawor in equity.
Minimum scope oflnsurance. The conftactor shall obtain insurance of the types described below:
o Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.coverage shall be written on Insurance Services ort*"triol form cA 00 0l or a substituteform providins ery11a]ent liability coverage. If necessary, thepolicy shall be endorsed toprovide contractual liability coverage.
o Commercial General Liability insurance shall be wriffen on ISo occurrence form cG 000l and shall cover liability arising lom premi."s, ope*tions, stop gap liabitity,independent contractors, products-coipr"t"a Jp"."tio*, personal irjury and advertisinginjury and liability assumed under an insured
"ootru"t. ill com-ercia ceneraLriabilityinsurance shall be endorsd to provide the eggrcgate rer rroi"rt Endorsement ISo forrrcG 25 03 1l !l o, an equivalent endorserieni There shall be no endorsement ormodification of the commErcial General Liability t,surarrce for liability arising fiomexplosion, collapse _or underground pTpelv damage. The city shan be named byendorsement as an additional insured under the contraltor's commercial ceneral tiabilityinsurance policy with respect to the work performed for the city using ISo AdditionalInsured endorsement cG or substitute endorsements prouioiog
"q,iirur.rit;;;"r.g"t Worlrer.s' Compensation cnveta}eas required by the Industial Insurance laws of the Stateof Washington.
o Builders Rrfrinsurance covering interests of the city, the contactor, Subcontractors, andsub-subcontractors in the work. Builders Risk insurance shall be on
"i, ar-rir[ rr1i.y fo*,and shall insure against the perils of fire and extendea *rn"rug, and physical loss ordamage including floo!,- earthquake, -rt"ft, vanoaisrn, malicious mischie{, collapse,temporary buildings and debris removal. The Builders Risk insurancr.;;;;; ir. workwill have a deductible of $5,000 for each occurrence, *rri"r, will be the responsibility ofthe contractor. Higher dductibles for flood aoa "r*rquJ" peril, may be accepted by theCtty upon written request by the Contractor and wriiten acce,ptance by the City. Anyincreased deductibles accepted by the city will r..uiotrr" r"rponsibility of the confractor.The Builders Risk insurance shail be maintained until final acce,ptance of the work by theCity.
city of Port orchard and pacific Air control, Inc
Public Works Project Na. pW2020_002
Small Works Contract No. C030-20
Page 11 of19
Rev 7118/19
o Employer's Liability insurance limit of $1,000,000 each.acciden! Employer,s Liability
fi:ffiffh emplovee $1,000,000 *o B-piovert iiaulity riir-"#l ror"y u-it
Minimum Amounts of Insurance. The contractor shall maintain the following insurance limits:
e Automobile Liability insurance with a minimum combined single Iimit for bodily injuryand property damage of $1,000.000 per accidenr.
commercial General Liability insurance shall be written with limits no less than$l'000,000 each occ.rrenc", $z-,ooo,o0o generar uggr"gut" *Ja $2,000,000 products-completed operations aggregate limit.
o
t Builders Rls/r insurance shall be written in the amount of the completed value of the projectwith no coinsurance provisions.
other lnsurance Provisions. The contractor's Automobile Liability, commercial GeneralLiability and Builders Risk insurance policies *" t" ".",ri", or be endJrs"a i" "oit"i., that theyshall be primary insurance u. ,"rp""t ih" city. Any i*u*r"., self-insuranc" oii**ce poolcoverage maintained by the city shall .be excess 6r[" cor,.actor's insurance and shall notcontribute with it' If any coverage is written o, u ""luii, ,iJa",, basis, then a minimum of three(3) year extended reporting perioi shall be included *itn trr" J"i.s made policy, and proof of thisextended reporting period provided by the City.
contractor's lnsurance for other Losses. The conhactor shall assume full responsibility for allloss or damage from any .aus" whutsogver to any tools, including but not limited to thecontractor's employee-owned tools, machinery, .qoip*"nill -otor vehicles owned or rented by
:H,.ffi::":::h',ffi ffffi;)" ?ffi::
;ffi ii;;ffi iJ,"**,* as we, as anv temporary
waiver of subrosation' The contractor waives- all rights-against the city, any of itssubcontactors, sub-subcontractors, agenqand emproyees,6i c*rug"s caused by fue or otherperils to the extent covered by Builiers nisk insuraoce oi orrro properfy insurauce obtainedpursuant to this Iasurance Requirerrents section or irr" i"rour, or other property insuranceapplicable to the work. The tontractor's insura; illl;; endorsed t" i,rrir" ire right ofsubrogation against the city, or any self-insurance, or insuranc",poo] coverage maintained by thecity' The city will not waive itt.igtito r*.og"tio, uguinrl't, cont.ctor. The contractor,sinsurance sha, be endorsed acknowlialing that tir citvi,iiTiot *uiu" its riefit to subrogation.
ffi' Insurance is to be placed with insurers with a cunent A.M. Best rating
veritication of coverage' The confactor shall furnish the city with original certificates and acopv of the amendatory.ertdorsem*t., i""r"ai"g C;;;;;;;:sar1y rimited ro the additionalinsured endorsement, evidencing ,n" a"to-otii-e riuuiiity-*I co-*er.iJclo"ra LiabiliryClty of Port Orchqrd and pacific Air Control, IncPublic Worlc prqject No. pvr020-002
Small Works Contract No. C030_20
Page 12 of 19 Rev 7ll8/19
msurance of the contractorbefore commencement of the work. Before any exposure to loss mayoccur, the contractor shall file with tlr" cit;-d; rl,ir" irila"* Rir[ i,,;;; poficy that
nfil$;t
all applicable conditions, ,*"i*iorr., definiiions, i;;; and endorse,ment*."rut"a to this
subcontractors' The contractor shall have sole-responsibility for determining the insurancecoverage and limits required, if any, to be obtainea uy'rut*nt uctors, which determination shallbe made in accordance wirh..u.oou'ui" *a p-a""t iLii"rr"pl'",i..r.
Notice of cancellation' The contractor shall provide t!9 city and all Additional Insureds for this
l:f;#f"**'notice of anv policv can"eilation, *itti, i*o business days of their receipt of
Failure to Maintain Insurance' The insurance rgSyirgd by this section will not be canceldmaterially changed or altered without forty-five (45) d"yr;.r"; written notice submitted to thecity' Failure on the part of the contractor to mainiain insurance as required shall constitute amaterial breach of contract, upon which the city-may, .ft;;il;g five business days, notice tothe contractor to correct the-breach, i*-"ai"t.ty ti*riout "trr" contract, or, at its discretion,procure or renew such insurance and pay any and att p.emiu-s in connection therewith, with anysums so expended to be repaid to ttre city on demani, or ut tt" rlr. d*;;;-*r" iirr, orrr",against funds due the Contractor Aom tfre iity
city of Pon orchard and pacific Air control, IncPublic Works project No. pW20Z0_002
Small Works Contract No. C0J0_20
Page 13 of 19
Rev 7 /18/19
CITY OF PORT ORCHARI)
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAT RETATNAGE
Note: This form must be submitted qt the time the contractor executes the contract- Thecontractor shall designote the option disired by checking the approprtate space.
The Contractor elects to:
.-(1) Furnish a performance bond in the arnount of the total conhact sum.An executed perfounanie bond on trr" r"quir"o form is included with the executedcontract documents.
ten
the City retain, in lieu of the performance and palment bonds,(10%) of the total contract Ermount for a period of thirry days after dateoffinalacceptance, or until receipt of all necess ary releases from the deparfment ofrevenue and the departrrrent of labor and industries and settlement of any liens filedunder chapter 60.28 RCW,whichever is later. RCW 39.09.010.
In choosing option 2, the contractor agrees that if the contractor, its heirs, executors,administrators' successors, or assigns, shailt
"ll ,rri"g, ,t*J tJ-a uuide by, and well and ftutykeep and perforrr the covenants, conditions *a ugr"i**;; th" cook.u.t, ,od-.;-ll faithfullyperform all the provisions of suci contraci and rnir aro *"1 ; tury perform and fuIfi, alr theuadertakings, cove'nants, terns, conditions _and agree,m*slr any and ail duly authorizedmodifications of the contract that may n""eut* u"L"a",
"itrr" time and in the manner thereinspecifid and shall pay all laborers,.""h*i"., ."t";;;;t;, ino -ur"riarrnen, and a, personswho shall zupply such person-o, p"rrorr, o. subcontactors, ,"itn provi.ions and supplies for thecarrying on of such *.o.tk,.o.n his or rreipart, and
"nai i"r"ia,-ildemnift, and save liarmless thecity of Port orchard, washingon, it o#r."r" and agents to- uny craim for such paynent, thenthe funds retained in lieu or i'p"rror"r*, uooo .f,ai t. i.r'".*a at the time provided in saidoption 2; othenrise' the funds tnar u" tJuired until trr" cort uctor fulfills the said obligations.
.ffin*
\.-"'.'
Stgnature,Z
Bond }rlo.
city of Pon orchard and paciJic Air control, IncPublic Works project No. pWi020-002
Small Works Contract No. C0J0_20
Page 14 of 19
Rev 7118/tg
Dat*
PERFOR]VTANCE AND PAYMENT BOND
CITY OFPORT ORCHARI)
Cify llatt IIVAC Repairs
CONTRACT NO..
Bond to city of port orchard, washington
Bond No.
We,
and
(Principal)
(Surety)
I?kf,1tff*?fr;this Performance and Pavment Bond shalt be satisfied and rereased onry upon the
Faithfully performs all provisions of the contract and changes authorized by owner in the manner andwithin the time specified as may be extended und", trr""coit u"r;
Pays all laborers' mech'nics, subcontractors, lower tier subcontractors, material persons, and all otherpersons or agents who supply labor, equipment, or materials to the'projeci, uiJ---- '
o Pays the taxes, increases and penarties i:":yf-:l the project under Titles 50, 5l and g2 RCW on:(A) projects referred to in itcw 60.28.01r(r)Gt;-"r;iny r-;r.o for which the bond isconditioned on the payment of such taxes, increas"r'*J p*Jri"..
ffifff?*iiJ*ffiIry' defend, and protect the owner against any craim of direct or indirect loss
*t#tilftIil
['-1ffi[3:""Hj"",]"":t'
subconkactors, or lowertier subcontractors of the principar)
of the Principal (or any subcontactor or lower tier subcontractor of the principal) to pay all laborers,mechanics, subcontractors, lower tier subconha"rr^;-;;t*ar person, or any other person whoprovides supplies or provisions for carrying out tt
"
*orf.
--"-
The liability of surety shall be limited to the penal sum of this performance and paymeat Bond.
Principle and surety agree that if the owner is required to engage the services of an attorney in connectionwith enforcement of this bond each shall pay the Owno.""r"oriubl. uttt_"y,, fees, whether or not suit iscommenced, in addition to the penal surn.
city of Port orchard and pacific Air contror, IncPublic Worla project No. pWi020-002
Small Works Contract No. CA30-20
Page 15 of l9 Rev 7/18/19
No change' extension of time,-al-teration, or addition to the terms of the contract or to the work to beperforrned under the contract itat in *i nui affecti;et;.;fi;r", on the performuor" norra. suretyhereby waives notice of any change, *i!*iIn"rtime.alterati;,1i'loaitio, to rhe terms of the conhact
H*LY"1tfi1'r:)i.e*"eition m--"i su*il
'r,ur u noiinJ ii tt J dor*r., time is extended by more than
If any modification or change increases the total amount.tobe paid under the confiact, surety,s obligationunder this Performance and Paynent gona
"hait
auto*"tfu"uy i*.1;;;n
"
fike amount. Any such increaseshall not exceed twentv-five p"r"ot liiirloiine originat ;;;;;" performance and paynenr Bondwithout the prior *.it t consent of Surety.
This Performance and Payrnent Bond shall be governed and coushued by the laws of the state ofWashington, and venue shall be in Kitsap d*rty, Washingtou.
IN WITNESS WHEREOF, thE parties have executed this instrument in two Q) identical counte{parts this20 _.day of
Principal
Surety
Signature of Authorized Official Signature of Authorized Official
Printed Name and Title
By
Attorney in Fact (Attach Power of Attorney)
Name and address of local office of
Agent andlor Surefy Company:
surety cornpanies executing bonds- must appear on the current Authorized Insurance List in the state ofWashin$on per Section t -OZ.z ot tt
" $*i;;]p"cifications.
9iry of Port orchard and paciJic Air contror, IncPublic Works project No. pWi020-002
Small Works Contract No. C030_20
Page 16 of 19
Rev 7/18/19
STATE OF
COLINTY OF
On this _ofday
State of Washington,duly comrnissioned andrne known to be the (check one of the followihg
D
ACKNOWLEDGEMENT
corporation, Partnershipr or Individual
)ss.
I
20_,before ffie, the undersigned, tt Notary Public in and for thesworn,personally
boxes):to
of
corporation,
partnership,
individual,
city of Port orchard and pactfic Air control, IncPublic Works project No. pW1020-002
Small Works Contract No. C030-20
NOTARYPUBLIC,
in and for the State of Washington
the
theof
r
that executed the foreeoing instrument to be the fiee a1d voluntary act and deed of said fJ corporation, flItrT,T;ilht#Xi;Xf j*f*.i*oses rherein _",iio,La, and on o"tr,,tli"a-taliililE
rwITNEss my hand and oflicial seal hereto affixed the day and year first above written.
Print or tlpe name
Residin g at
My Commission expires:
Notery SeaI with Ink Stamp
Page 17 of 19
Rev 7/18/19
)
-,
and volunt ary
stated that I
ctty of Port orchard and pacific Air contror, IncPublic Works project No. pWi020_002
Snall Works Contract No. C0J0_20
My Commission expires:
SURE TY ACKNOWLED GE MENT
STATE OF
)ss.
COTINTY OF
On this _. _*day of 20_,before ffie, the undersigne d, d Notary Public in andfor the State of Washington,duly commissioned and sworn, penionallyto me known to be the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be theact and deed of said corporafion, for the uses and puqposes therein mentioned, and onheshe was authori zed to execute said instrument.
wITNEss my hand and officiar seal hereto affixed the day and year first above unitten.
Print or tSpe name
NOTARYPUBLIC,
in and for the State of Washington
Residing
the
free
oath
qt.
Notary Serl with Ink Stamp
Page l8 of t9 Rev 7/18/19
)
APPENDIXA
During the performance of this Agreement, the co.1tra3t9r, for itsel{ its assignees, and successors in
i*T:I,l*"s to complv with th;fo[o*iil""""-ai-crimination s,"tut", and authorities; incruding but nor
Pertinent Non-Discrimination Authorities:
' Title vI of the civil Rights A* of tg64 (42U .S.c. $ 2000d et seq., 78 stat. 252), (prohibitsdiscrimination on the.basis of race,
"olo., ,ationat origin); and 49c,F.R. pan zr.o The uniform Rerocation Assistance anJn*r pr"p"Ji;;;;"" poricies Act of rg7o,(42u's'c' $ 4601), (prohibits unfair treatrnent of personr ajrpi"r"i'"r whose properfy has beenacquired because of Federal or pederaiaia p.og.urns ,J.Or":".rr),' f;j,f:i*i,tt;strwav Act or 1e73,(23 ii.s.c.T rzi;;l"l.i'ci';iibirs discrimination on the
' secrion 504 of the Rehabiritation Act of rg73,.eg_rJ.s.c. $ 294 er seq.), as amended, (prohibitsdiscriminarion o1 tf.basis of disability) ; and 49 C.F.R. part 27;' The Age Discrimination Act of r97s,is'amended, (42u i.c. 6 6r0r et seq.), (prohibitsdiscrimination on the basis of age);
' Airport and Airway Improvemeiiict or rtg2, (4-g uscs 42 r , section 4 7 r23),as amended,(prohibits discrimination based on ruo, o91g, cotor, national origin, or sex);' The civil Rights \s!1yti^o1Act of teai,gt roo-zosl,6;"ijr.a rhe scope, coverage andapplicabilitv of ritle Yl.o.f.,t 9 civil Rightsact of t 9oa, Th. eg" nir*r*inarion Act of I 975 andsection 504 of the Rehabilitatioo act oiisz:, uy."lguoaing rr,la"nrir;on of lhe terms ,,programsor activities" to include all of the programs o. rciiriti", ort[" rJorl-aid recipients, sub-recipients and contractors, whether t,i"n frogr*s or activities are Federally ftnded or not);o Titles II and III of the Americans with o[uuiito a.i, *r,ili p..iibit discrimination ou the basisof disabilitv in the oreration of public entities, pubricau;;;;;;r"sportation systems, placesof public accommodation, and certain *ring enrities (42 u.s.c. gg I2r3r_12rg9) asimplemented by Department of Transportation regularions at 49 i.p.n. parts 37 and 3g;' The Federal Aviation Administratioo'i Noi-air".i,ninuti., ,tur,rrJlee u.s.c. g 47rz3)(prohibitsdiscrimination on the basis of race, *tor, outiooul "ri;irr,;;; ;;;;' Executive order t2$g8, Federar A;do;i; Address E;"i.;;;;iJusrice in MinorityPopulations and Low-Income Populations, *rrictr ensures discrimination against minorifypopulations bv disc.ouragiog ptog.*., poii.i"r, and activiiies ilir, a;rp-porrionately high andadverse human health oienvirorri""nta
"ff."* on rrr"ity ".j'to'*rn"o*" populations;' Executive order I3166, Improving Accessto serviccs ro. peiso* unth Limited EnglishProficiency' and res.lting ug."gy !-.riounc", national mgin Jiscrimination includes discriminationbecause of rimited Engrish n "niiJ*y 6rny. ro ensure';;;;itr*" with Titre w, you must takereasonable steps to :e]r.ure that LEp prisons-huve *";rg-fui;;.-** ,o yo* p.ograms (70 Fed.Reg. at 74087 to 74100);r Title IX of the Education Amendments of r972,as arnended, which prohibits you fromdiscriminating because of sex in education programs or activities (20 u.s.c. 16gl et seq).
9iry of Port orchard and pocific Air control, IncPublic llrorks project No. pW2020_002
Small Works Contract No. C030_20
Page 19 of 19
Rev 7/18/19
frsIH
pacific air control, inc.
Air Conditioning, Heating, Controls,
Sales, Service, Installation
January ZT, ZO2O (Revised)
Seeemger+e-ggi8
,4ugr*st€s3e+g
City of Port Orchard
f!t1. Mark Dorsey & Thornas Hunter
216 Prospect Street
Port Orchard, WA 9g966
Re: Gity of port Orchard, City Hall
During a recent service cail, our technician noted the foflowing:
cH'1 s/n 3807 serving The First, second and rhrrd flooris
The compressor has faited and will need to be replaced. we propose the following:r Recovery of the- entire refrigerant charge as per EpA.regutations. Replacement of the filter drier coreo Replacement of the compressoro Pressure test of the refrigenant circuit to ensure its integrrtyo Evacuation of the refrigeiant circuit to remove ail moisture. Charge the system with new refrigerant. Replacement of the cornpressor Jontactoro Performance of a start and test inspectiono Proper disposal of all hazardor. ,"t"ri"l.o Prevailing wage taboro A crane is needed on site for the above repairs
Cost of the abone: $23,545.00 plus tax
once the above wor!
fnas been comp,teted, the units wiil be tested for proper operation.lf further repairs are necessary, we will contact you.
Thank you for the op.portunity to work with you on this projecl. rf you have anyquestions regarding this repod or if you would like to sctreauu the above-mentionedwork, please feel free to give us a call.'-
Accepted by pO#Date
.,lln6er Scott
customer service Representative
Cc: Ben Chadwick, Service Manager
frice quoted is valid for 30 days.
Propos al # 91g0B0
contractors License #pAcrFAcz30pg
1916 220t', street sE, suite Ml0r, Bothen, wA gg02r
Ph: (206) 682-6393 Far: (206) 340-2270'I
frEIIE
pacific air control, inc.
Air Conditioning, Heating, Conhols,
Sales, Service, Installation
Janua ry ZT, 2O2O (Revised)
City of Port Orchard
Attn: Mark Dorsey & Thornas Hunter216 Prospect Street
Port Orchard, WA 9g366
Re: City of port Orchard, City Hatt
During our regularly scheduled maintenance, our technician noted the following:
EF-9 s/n 4{29 SeMng the 3d Floor Jury RestroomsThe exhaust vent fan motor has faired. w";;;r"ra repracing this exhaust vent fanmotoi and wheel for proper oper:ation orii['*ilr"'r'v'rv rE'r
Cost of the above: $1,932.00 ptus tax
once the above work has been completed, the units will be tested for proper operation.lf further repairs are necessary, we will contact pu.
Thank you for the opportunity to work with you on this project. tf you have anyquestions regarding-t!1s pnort, or if you would like to scireoule the above-mentionedwork, please feel free to givl us, .af .''
Accepted by PO#Date c u sto ,ne#tr:#rrese n ra ti ve
Cc: Ben Chadwick, Service Manager
Price quoted is valid for 30 days.
Propos at # 1119023
contractors License #pAcrFAc230pg
1
191622ooo street sE, suite Mr0r, Bothe[, wA ggo2r
Ph; (2061 6g2-6393 Fzur: (206) 340_2270'