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004-13 - Pacific Air Control, Inc. - ContractCITY OF PORT ORCHARD ORDINARY MAINTENANCE CONTRACT NO.004-13 THIS Agreement is made effective as of the 1 lth day of December, 2012, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Timothy Matthes and Pacific Air Control, Inc. 1916 220" St SE, M # 101 Bothell, WA 98021 Contact: Kelly Chase Tax Id No.: 91-0987825 Phone: 360.876.4407 Fax: 360.895.9029 ("VENDOR") Phone: 206.682.6393 Fax:206.340.2270 for ordinary maintenance services performed by contract in connection with the following: 2013 HVAC Preventive Maintenance for City Hall and Library (Description of Project) TERMS AND CONDITIONS 1. Services by Vendor A. Vendor shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Vendor shall not exceed the Scope of Work without prior written authorization from the City. B. Date of Commencement and Substantial Completion Date. The date of commencement shall be for one (1) year service period with automatic renewal in one year increments, unless cancelled by either party upon 30-day written notice of the anniversary date, with the contract term beginning January 1, 2013. C. Unless otherwise specified in the attached Scope of Work, all tools, equipment, chemicals, or any other materials necessary for the completion of the services described in the Scope of Work shall be provided by Vendor. D. Vendor shall report any damage or potential hazard involving City property immediately to the City of Port Orchard Public Works Department or in the case of an emergency by calling 911. Hazardous conditions shall be immediately remedied or secured by Vendor to prevent further damage and/or to protect the public from injury. E. Any incident, accidents, or altercations, with members of the public or with City staff shall be immediately reported to the City of Port Orchard Public Works Department. The City's Public Works Director may require a written report describing the incident or accident. F. Vendor shall remedy, in a timely manner, and at its expense, any damage to City property due to Vendor or Vendor's employees' negligence. G. The City may require Vendor's employees who work on site to be subject to drug testing and/or criminal background checks. H. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Vendor shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Exhibit `B." If delays beyond Vendor's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Vendor is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $8,225.36 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "C." 4. Payment A. Vendor shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper invoice. C. Vendor shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Vendor will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 5. Discrimination and Compliance with Laws A. Vendor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 2of8 origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Vendor shall comply with all health and safety regulations under federal, state, and local laws and ordinances applicable to the work to be done under this Agreement D. Vendor shall comply with prevailing wage requirements. See Prevailing wage Addendum. E. The Vendor's employees shall be fully covered under Washington State Worker's Compensation and Unemployment Insurance at all times during the term of this contract. The Vendor's employees or agents shall in no way be considered employees of the City at any time during this contract. F. Vendor shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. G. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 6. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Vendor or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Vendor pursuant to this Agreement shall be submitted to City, and Vendor shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Vendor shall not be entitled to any reallocation of cost, profit or overhead. Vendor shall not in any event be entitled to anticipated profit on work not performed because of such termination. Vendor shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Vendor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Vendor. The Vendor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Vendor. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Vendor's reasonable expenses, and shall be subject to verification. The Vendor shall resume performance of services under this Agreement without delay when the suspension period ends 7. Standard of Care City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 3 of 8 Vendor represents and warrants that it, and Vender's employees, have the requisite training, skill and experience necessary to provide the services under this agreement and are appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Vendor and Vendor's employees under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. Vendor and Vendor's employees shall conduct themselves in a professional manner at all times when on site. Vendor's employees shall wear clothing and/or a uniform which clearly identifies them as an employee of Vendor. Vendor further represents and warrants that it shall provide proper supervision for any employees utilized to perform the services herein and shall ensure that all employees are properly trained and qualified. Vendor shall ensure that all work -place safety requirements of state or federal law are strictly observed at all times. Vendor warrants that all employees have been trained to comply with state and federal standards (including but not limited to standards for handling chemicals, WISHA, and OSHA) relevant to the duties to be performed in accordance with the Scope of Work. 8. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Vendor in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. 9. Indemnification/Hold Harmless Vendor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Vendor, its agents, employees, or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Vendor waives any immunity whatsoever with respect to such indemnification. Nothing in this section shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration/termination of this Agreement. 10. Insurance City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 4of8 The Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall include all subcontractors as insureds under its policies or shall require subcontractors to provide their own coverage. All coverage for subcontractors shall be subject to all of the requirements stated herein. A. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Vendor's profession. B. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Vendor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 5 of 8 2. The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor before commencement of the work. 11. Assigning or Subcontracting Vendor shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 12. Independent Contractor Vendor and Vendor's employees shall be at all times during the term of this Agreement independent contractor(s). The Vendor will be solely responsible for its acts and for the acts of its agents, employees, subcontractors, or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. 13. Notice Any notices required to be given by the City to Vendor or by Vendor to the City shall be in writing and delivered to the parties at the following addresses: Timothy Matthes Pacific Air Control, Inc. Mayor Kelly Chase 216 Prospect Street 1916 220'h St SE, M # 101 Port Orchard, WA 98366 Bothell, WA 98021 Phone: 360.876.4407 Fax: 360.895.9029 Phone: 206.682.6393 Fax: 206.340.2270 14. Disputes Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 6of8 15. 16. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. Extent of Agreement/Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. CITY OF PORT ORCHARD, WASHINGTON Timothy C'Matthes Mayor Date: Attest: By: Brandy Rinearson, CMC City Clerk VENDOR By: W""ii,Z�'a�r�P T Name: �l/�/�C' As, e- Title: Date: City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 7of8 PREVAILING WAGE REQUIREMENTS Although this is considered a service type contract (not a public work), the vendor is required to pay, at a minimum, the applicable prevailing wage rates to those employees performing services under the contract. The applicable wage rates are set forth in the State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW 39.12.020. The prevailing wage schedule in effect for the work under the contract will be the one in effect upon the date of execution of the contract and will continue in effect for the first contract year. Wages paid to the employees of the selected vendor must be altered annually to recognize and follow the most recently promulgated increases or decreases in prevailing wages each year after the first year of the contract period. It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their proposal according to these specifications. The selected vendor must submit to the Department of Labor and Industries, a "Statement of Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages accruing to its employees. All invoice or payment applications are required to bear the following signed statement: "I certify that wages paid under this contract are equal to or greater than the applicable wage rates set forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the State of Washington Department of Labor and Industries." The selected vendor must submit to the Department of Labor and Industries an "Affidavit of Wages Paid" and a copy of an approved Affidavit must be submitted at the end of the contract to the City before the last payment or any retained funds will be released. The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with the Department of Labor and Industries shall be at no additional cost to the City. The Director of the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate, RCW 39.12.060 and WAC 296-127-060. City of Port Orchard and Pacific Air Control, Inc. Ordinary Maintenance Contract No. 004-13 8of8 Preventive Maintenance Requirements City Hall, 216 Prospect Street and Library, 87 Sidney Avenue The contractor shall provide the labor and materials to perform the scheduled maintenance on the Heating, Ventilation, Air Conditioning, and Control Systems for the Port Orchard City Hall, located at 216 Prospect Street, Port Orchard, Washington and the City of Port Orchard Library located at 87 Sidney Avenue, Port Orchard, Washington. City Hall - The Contractor shall make one visit per calendar quarter for regularly scheduled inspections of the equipment listed in schedule A. 2. City Hall - The Contractor shall change the filters once per calendar quarter, as outlined in schedule B. 3. City Hall — Equipment maintenance listed in the Maintenance Schedule will be performed at industry and/or manufacturer's standards. 4. Library - The Contractor shall make Bi-annual maintenance and monthly filter change. 5. Any necessary and minor repair in excess of $200 shall have to have City approval prior to that repair. 6. The contract duration shall be for one year from the date of City acceptance and from year to year thereafter, except that either party may, upon thirty (30) days written notice to the other, terminate the agreement. 7. Contractor must have a current City Business License. 8. Prevailing wage is required to be paid on all maintenance performed by contract (ref RCW 39.04.010). www.Ini.wa.gov/TradesLicensing/PrevWage Website address for Prevailing Wage Forms, (forms should be filled out online). The contractor shall submit a summary of relevant experience of the firm and employees with the cost proposal. EXPERIENCE: The contractor shall have a minimum of ten (10) years experience in HVAC Maintenance Service with contracts of similar size and scope. Provide background information (resumes and business references) on the firm and all selected project management individuals. The firm must document its ability to respond twenty- four (24) hours a day, seven (7) days a week. FIELD PERSONNEL: Lead field technicians shall be journeyman level, fully trained and qualified to perform the required service task for each piece of equipment. The level of training and certification shall be equal to the task. Technicians shall hold a City of Seattle Refrigeration Journeyman Mechanic A card. Additionally, the Contractor shall have on staff two (2) or more factory certified personnel capable of providing support of Reliable DDC controls. Provide background information and copies of all certifications on all selected technicians. The cost proposal shall be submitted on the contractor's form. Selection will be based on a combination of cost and experience. MAINTENANCE SCHEDULE FOR HVAC SYSTEM Port Orchard City Hall Port Orchard, Washington The following maintenance schedule will be performed on the equipment marked below at industry and/or manufacturer's standards: A. Fans and Blowers 2. Check pump packing 1. Lubricate all moving parts as required 3. Check coil (scale or dirt) 2. Inspect/adjust belts and pulleys as necessary 4. Check spray nozzles 3. Record operating volts and amps 5. Check water and pump strainer (clean when 4. Inspect fan blade required) 6. Check float control B. Filters 7. Check drip pan and drain connections Filters to be changed four (4) times per year. 8. Check drive belts (align and adjust) VAV boxes will be changed one (1) time per 9. Check fan rotation year as outlined in Schedule B. 10. Check bleeder line (adjust when required) 11. Adjust automatic controls C. Motors and Motor Controls 12. Drain and flush sump pan 1. Oil and/or grease as necessary 13. Check sump heater 2. Check for overload under full operation 3. Check contactors and clean as necessary G. Air -Cooled Condensers 1. Lubricate all motors and fan bearings (as D. Gas Furnaces required) 1. Inspect burner section 2. Check coils (scale and dirt) 2. Check pilot 3. Check air intake screen 3. Check fan limit control 4. Check drip pan and drain connections 4. Check pilot safety device 5. Check drive belts (align and adjust when 5. Inspect electrical connections required) 6. Check/record gas pressure 6. Check rotation of fan 7. Inspect/test ignition system 7. Adjust automatic controls 8. Check flame for proper burn 9. Start up and cycle H. Fan Coils (Water, Steam or Refrigerant) 10. Check combustion blower 1. Visually check for leaks 11. Lubricate motors and bearings 2. Visually check strainers 12. Adjust controls as required 3. Visually check coil face for dirt accumulation E. Compressors 1. Visually check for refrigerant and oil leaks I. Pad Type Evaporative Coolers 2. Check oil level and pressure 1. Oil and adjust all motors, bearings and 3. Check/record head pressure drives as required 4. Check/record suction pressure 2. Adjust water distribution over pads 5. Check/record S/A and R/A temp 3. Check pads for dirt, looseness, sagging or 6. Check operating volts disintegration 7. Check operating amps 4. Flush sump and check for leaks 8. Check crankcase heater 5. Adjust float 6. Oil and check pump motor F. Evaporative. Condenser, Cooling Tower and Air Washers 1. Lubricate all motors, pumps and fan bearings Water Treatment, Cooling Towers and/or Boilers A. Evaporative Condensers 1. Check water treatment control, if applicable 2. Take water sample, if applicable 3. Provide water sample lab report, if applicable B. Gas Boilers 1. Inspect pilot and main burner flame and firing rate 2. Inspect and operate all controls and gas valve 3. Visually inspect for water leaks 4. Oil pump, motor and bearing assembly 5. Disconnect pump from header and check impeller 6. Check impeller bearing 7. Check pump coupler 8. Remove top of heater and inspect heat exchanger for soot and examine venting system (annually) 9. Remove rear header and inspect for scale deposits (annually) 10. Check flow switch paddle (annually) 11. Clean room air intake opening and flue (annually) C. Remote Control Monitoring 1. View and change set points and schedules (as requested up to four (4) times per month) 2. Respond to system alarms 3. Make system temperature modifications as required by the customer (as requested up to four (4) times per month) 2 SCHEDULE A EQUIPMENT INVENTORY FOR HVAC SYSTEM Port Orchard City Hall Port Orchard, Washington Location Location Unit # Manufacturer Model No. Serial No. Served Mech. Room First Floor AHU #1 TRANE MCCAOIOGAVOBC K98K13042A Mech. Room Second Floor AHU #2 TRANE MCCA017GAVOBCC K98KI4961A Mech. Room Third Floor AHU #3 TRANE MCCA025MAGOBAC K98K15535A ODDOAA000000 Front of Building Chiller CH-1 TRANE RTAA-I0M-4A ** Second Floor — Exhaust Fan Greenheck BSQ-130-3 ** Restrooms #1 Evidence Exhaust Fan Greenheck SQ-95-G-X 98K14434 #2 Third Floor — Exhaust Fan Greenheck 90-95-6-X 98KI4435 Restrooms #3 First Floor Exhaust Fan Greenheck SQ-140-CX 98KI5713 #4 First Floor Exhaust Fan Greenheck BSQ-160-X 98KI5692 #5 Mechanical Exhaust Fan Greenheck BSQ-300-30-X 98K14541 Mezzanine #6 Mechanical Exhaust Fan Greenheck BSQ-180-10-X 98KI4533 Mezzanine 97 Mechanical Exhaust Fan Greenheck BSQ-300-20-X 98KI4540 Mezzanine #8 Third Floor Exhaust Fan Greenheck BSQ-300-20-X 98KI4540 Toilets #9 VAV Box 1-30 VAV 1-30 ** ** Mech. Room Domestic Water DHW-1 PVI 27P125A-MX 109896094 Heater Mech. Room Steam/Hot Water UH-1 Modine ** ** Unit Heater Mech. Room Gas Hot Water B-1 Fulton PHW500 ** Boiler Mech. Room Gas Hot Water B-2 Fulton PHW500 ** Boiler Mech. Room Domestic Hot CP-I B & G ** ** Water Circulating Pump Mech. Room Heating Water CP-2 B & G 2AB-6.125BF ** Circulating Pump Mech. Room Chilled Water CP-3 B & G ** ** Circulating Pum Additional scope: Annual belt change on belt driven equipment Activated charcoal filters on the three air handling units Annual condenser coil cleaning on the Trane chiller Annual spark plug change on the two boilers Pull oil samples on both circuits of the chiller and send to lab for spectrographic analysis and provide written results Check, test and treat water as needed SCHEDULE B FILTER INVENTORY FOR HVAC SYSTEM Port Orchard City Hall Port Orchard, Washington Location Type Unit #1 Filter Type Filter Size Quantity Mech. Room Air Handler AHU # 1 Pleated Mech. Room Air Handler AHU#2 Pleated ** ** Mech. Room Air Handler AHU #3 Pleated VAV Box 1-30 VAV Box 1-30 Disposable ** ** Note: VAV filters changed one (I) to be time per year * * Filter size to be obtained upon first inspection Note: Filter replacement and/or cleaning for grease exhaust hoods are not included in this agreement.