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HomeMy WebLinkAbout000222 Original ContractPORT A�� L r 7 DRKS a Contract Title: HVAC On -Call Services Project Number: PK -11 -027 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON "CITY AND Beauettes Air Flo Heatina Co. "CONTRACTOR 1. WORK BY CONTRACTOR The Contractor shall perform the work as described in Attachment "A" (Attachment "A" may include Contractor's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) which is attached hereto and by this reference is incorporated herein. 2. TERM OF CONTRACT All work under this Contract is to be completed as indicated (check one): All work under this Contract is to be completed by this date: All work under this Contract is to be completed 30 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. The performance period under this Contract commences 7 calendar days after notice to proceed and ends 365 days thereafter or after contract award. 3. PAYMENT A. The City shall pay the Contractor for the work performed under this contract (check one): El El The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment "A The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except as are mentioned in the specifications to be furnished by the City of Port Angeles. B. The Contractor shall maintain time and expense records, which may be requested by the City. The contractor shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract number. Invoices shall be in a format acceptable to the City. C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a properly completed invoice. D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request. Project PK -11 -027 City of Port Angeles Public Works Utilities Dept. Operations Office 1703 South B Street Port Angeles WA 98362 Tel: 360 -417 -4541 Fax: 360 452 -4972 City of Port Angeles Record #000222 LIMITED PUBLIC WORKS PROCESS Request for Quotation Contract Force Account Time and material, not to exceed: $25.000.00 Force Account Time and actual expenses incurred, not to exceed: Force Account Unit prices set forth in the Contractor's bid or quote, not to exceed: Firm Fixed Price set forth in Contractor bid or quote in the amount of: Page 1 Rev. 8/30/2011 E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents. 4. RESPONSIBILITY OF CONTRACTOR A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and /or materials discovered within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and /or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defective work and the Contractor shall defend any such claims at its own expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate selections. D. Nondiscrimination /Affirmative Action. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause. E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City. 5. COMPLIANCE WITH LAWS The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Project PK -11 -027 Page 2 Rev. 8/30/2011 Contractor, upon the occurrence of any one or more of the events hereafter specified. 1. The Contractor makes a general assignment for the benefit of its creditors. 2. A receiver is appointed as a result of the insolvency of the Contractor. 3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein. 4. Contractor fails to make prompt payment to subcontractors for material or labor. 5. Contractor persistently disregards federal, state or local regulations and ordinances. 6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8. CLAIMS Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or Toss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his /her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. 10. HOLD HARMLESS A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the City obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the Contractor. Project PK -11 -027 Page 3 Rev 8/30/2011 B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the event the Contractor obtains any judgment or award, and /or incurs any cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the City. 11. INSURANCE The Contractor shall maintain insurance as set forth in Attachment B. 12. PREVAILING WAGE This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE as determined by the Industrial Statistician of the Department of Labor and Industries for the State of Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though fully set forth herein. Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries. It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage The Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance of services rendered, Contractor shall submit an "Affidavit of Wages Paid For a contract award or an on -call contract work order under $2,500, and in accordance with RCW 39.12.040(2), the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities Department. In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the dispute. 13. INTERPRETATION AND VENUE This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. 14. BRANDS OR EQUAL When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. 15. INSPECTION AND REJECTION All goods, services, work, or materials purchased herein are subject to inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense. Project PK -11 -027 Page 4 Rev 8/30/2011 16. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other. 17. INDEPENDENT CONTRACTOR The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City. 18. EXTENT OF CONTRACT /MODIFICATION This Contract, together with the attachments and /or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY A. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. B. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; Have a current state unified business identifier number; If applicable, have: Industrial insurance coverage for the subcontractor's employees working in Washington as required in Title 51 RCW; An employment security department number as required in Tile 50 RCW; and A state excise tax registration number as required in Tile 82 RCW; An electrical contractor license, if required by Chapter 19.28 RCW; An elevator contract license, if required by Chapter 70.87 RCW. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Project PK -11 -027 Page 5 Rev 8/30/2011 IN WITNESS WHEREOF, the parties have executed this Contract as of 10a 2011. BEQUE S AIR FLO HEATING CO. CITY OF PORT ANGELES By: By: 7-. Printed Name: °t 1 2 .�c'soe i Printed Name: lit P_YiS Title: CPr►crK, I /'1 t- Title: CA` V Mar), lJ Address: 0\1 was+ Co, City: Se 4 0 "."-1 Tax ID ro -3 /7 "76 Phone Number: Z60 3- 310 1 Project PK 11 027 Page 6 Purchase Order 117n n in hv01[ 2s Rev 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 ATTACHMENT "A" WORK BY CONTRACTOR The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for obtaining and paying for any and all permits required for this work. STATEMENT OF WORK The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: GENERAL REQUIREMENTS WORK SPECIFICATIONS 1. This is a time and material contract under the City Manager's contracting authority of $25,000 for the maintenance, alteration, repair, and emergency servicing of HVAC infrastructure for the City of Port Angeles's Buildings/Facilities. The maximum dollar value including all orders or call -outs shall not exceed $25,000. 2. The performance period shall be one year from the date of award of the contract. However, the contract may be closed earlier by the City's designated contracting agent if the total value of all work orders are within $500 of the not to exceed amount of $25,000 and the work orders are complete. 3. The City wishes to retain a contractor that is a state licensed Heating, Ventilation, and Air Conditioning (HVAC) firm(s) (no limited licenses) to provide servicing and repair of HVAC systems for the City of Port Angeles's buildings and facilities. The Contractor(s) is to have sufficient staff to be available on an "on call" basis, and which will respond, as requested, by the Public Works and Utilities Department. Work will be ordered through the Operations Office of the Public Works and Utilities Department and may occur throughout the City's infrastructure and facilities including those belonging to Public Works, Fire Department, Police Department, Recreation, and City Hall. Much of the work under this contract will be call -outs to service malfunctioning systems, where the contractor will need to investigate and determine the cause of the malfunction, and to effect repairs. 4. The Contractor(s) shall be prepared to furnish all tools, materials, and /or equipment necessary to perform the necessary work. The work may involve working at heights of up to forty feet (40') both on the interior and exterior of buildings, as well as other outside facilities and the Contractor shall have its own inventory of adequate ladders, staging and either own or be immediately able to obtain and utilize aerial lifting devices to do the work independent of the City. 5. The services of the Contractor may be required at any time. The Contractor shall have adequate staff available to respond to any request(s) within a reasonable time, i.e. the next business day or as may mutually be agreed. 6. The Contractor must ensure that all work is in compliance with laws and rules with a designated person holding an electrical administrators certificate from the State of Washington with work performed by HVAC technicians and trainees with appropriate State of Washington certificates. All work will be according to all applicable codes and following the best standards of the trade. 7. On-call work will be assigned as "Call- outs" against this contract. Call -outs will normally be made in writing. A sample Call -out is included in Attachment "A Emergency call -outs will normally be initiated verbally by the Superintendent, Streets and Parks Maintenance Division, Public Works and Utilities Department, or designee, and will be followed the next working day in writing using the call -out form. 8. The materials required for any work may be purchased by, or through the City, or when approved by the authorized City staff, materials can be supplied by the Contractor on a cost plus basis as has been specified by the applicant in his bid pricing form. Project PK -11 -027 Page 7 Rev. 8/30/2011 9. All work shall be executed in strict accordance with the latest edition of the following standards and codes and all local ordinances and regulations, and shall meet industry standards. The Contractor is required to obtain all permits required by City of Port Angeles municipal codes and the current adopted codes: 1. International Building Code (IBC) 2. International Residential Code (IRC) 3. Uniform Plumbing Code (UPC) 4. International Fuel and Gas Code (IFGC) 5. International Mechanical Code (IMC) 6. Washington State Energy Code (WSEC) 7. Washington State Ventilation And Indoor Air Quality Code (VIAQ) 8. ANSI 117 (Ada Accessibility Code) 9. International Fire Code (IFC) 10. National Electrical Code (NEC) 11. Underwriters Laboratories (UL) 12. City of Port Angeles Municipal Code 10. Standard manufacturer warranties for parts or equipment shall be obtained in the name of the City of Port Angeles and shall be submitted to the City prior to final payment on any work order. 11. All waste material generated by the Contractor's staff shall be removed daily from the work site and the area left clean and upon completion of work. Any equipment or building structure damaged by the Contractor's staff shall be repaired or replaced to the satisfaction of its owner. 12. The Contractor's staff shall erect, and maintain at all times, any and all safeguards necessary for the protection of life and property of the City and its staff, their workers as well as all pedestrian and vehicular traffic. 13. With the exception of emergency call -outs, work shall not commence earlier than 7:00 A.M., nor extend beyond 5:00 P.M., without the expressed approval of the Superintendent, Streets and Parks Maintenance Division, Public Works and Utilities Department, or designee. No work shall be performed on Saturdays, Sundays or holidays unless authorized by the Superintendent, or designee. EMERGENCY RESPONSE TIME AND PAYMENT OF EMERGENCY RATES During emergency situations, as determined by the Superintendent, Streets and Parks Maintenance Division, Public Works and Utilities Department, or designee, the Contractor is required to provide service no later than 60 minutes from the time of notification of the existence of an emergency condition. The Contractor shall be required to maintain a 24 hour a day, 7 days a week, telephone /paging capability for call -outs and inform the Deputy Director for Operations of the Public Works and Utilities Department telephone of the current number. Under such conditions, the emergency rates will apply to personnel as numerated by the Contractor in their application. These rates will not be paid to any given crew for more than eight (8) consecutive hours. Subsequent to that time, standard rates will apply for the duration of work by the Contractor unless otherwise approved by the Superintendent, Streets and Parks Maintenance Division, Public Works and Utilities Department, or designee. ADMINISTRATIVE 1. The Contractor will be required to submit separate itemized invoices to the Superintendent, Streets and Parks Maintenance Division, Public Works and Utilities Department, or designee, for the work that is performed. Invoices must: a) state site location; b) list City staff person requesting the work; c) indicate number and type of crew provided and hours worked by each; and, d) any City authorized "cost- plus" materials purchased and used. Second invoices for a project must be marked "duplicate Project PK -11 -027 Page 8 Rev 8/30/2011 2. The City reserves the right to require lien waivers for labor and /or material, for and in the amount of each invoice, guaranteeing payment in full for all labor and materials used or required in connection with any work ensuing from the contract. 3. The City reserves the right to require a lump -sum price for certain, larger, projects instead of the agreed hourly rates. The Contractor(s) may decline the opportunity if it so elects. The City further reserves the right to obtain and utilize the services of other contactors to perform certain projects. 4. It is the custom of the City of Port Angeles, to pay its bills 30 days after completion and acceptance of the work, and the receipt of properly documented invoices for that work covered under the contract. In submitting applications under these specifications, applicants should take into account all discounts, both trade and time, allowed in accordance with this payment policy and quote a net price. 5. Pursuant to Port Angeles City Code, the City reserves the right to cancel the contract immediately for cause. The City reserves the right to cancel the contract for its convenience on thirty days prior written notice, with the City responsible for payment only for supplies, materials and /or labor provided or amounts expended or incurred in reliance thereon prior to the effective date of such notice. 6. The City reserves the right to waive any informalities in bids, to accept any bid or portions thereof (bidders are advised to note this and quote accordingly) and to reject any or all bids should it be deemed for the best interest of the City to do so. The City reserves the right to substantiate the bidder's qualifications, capability to perform, availability, past performance record and to verify that the proposer is current in its obligations to the City. Project PK -11 -027 Page 9 Rev 8/30/2011 CALL -OUT CONTRACT: PK -11 -027 ON -CALL HVAC Repair Services Call -out Number: PK -11 -027 Title: Location of Work: Work shall be performed in the Not to Exceed (NTE) amount of: Contractor shall not exceed this amount without written approval of the City's Authorized Agent. Service Tasks: Performance Period. For the following two performance period paragraphs, only the paragraph with the checked box applies: The Contractor shall commence work within working days of a Notice to Proceed, and said work shall be physically completed within calendar days. OR The Contractor shall complete all work within calendar days from the date of issuance of this Work Order. City of Port Angeles Authorizing Agent Date of Issuance Contractor Date Received Project PK -11 -027 Page 10 Rev. 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 INSURANCE INDEMNITY REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Includes construction and remodeling, janitorial service, tree maintenance, road maintenance, painting, electrical work, plumbing, movers, and on site maintenance agreements. Indemnification Hold Harmless The Contractor 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 in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115. then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein 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 shall survive the expiration or termination of this Agreement. Insurance ATTACHMENT "B" INSURANCE The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. No Limitation Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall 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. Minimum Scope of Insurance Contractor 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 Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be Project PK -11 -027 Page 11 Rev 8/30/2011 endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor 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 and $2,000,000 products completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they 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 Contractor's insurance and shall not contribute with it. 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 Contractor 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 Contractor before commencement of the work. F. Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Project PK -11 -027 Page 12 Rev. 8/30/2011 H. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall 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 contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Project PK -11 -027 Page 13 Rev 8 /30 /2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 See attached listing: ATTACHMENT "C" PREVAILING WAGE RATES 1. Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clallam County, effective 9/15/2011. 2. To access applicable prevailing rate(s) of wages rates for the describe work by trade, use the following Labor and Industries website link: httn:// www. lni. wa. eov/ TradesLicensin* /PrevWaae /Wa2eRates /default.asn 3. A copy of the applicable prevailing wage rates can be obtain by contacting Lucy Hanley at 360 417 -4541 or by email, lhanlevacitvofna.us. A hard copy is available for viewing in person at 1703 South B Street, Port Angeles, WA. 98363. Project PK -11 -027 Page 14 Rev 8/30/2011 City of Port Angeles Operations Office Public Works and Utilities Department 360- 417 -4541 Quotation Form and Addenda Attachments: Project PK -11 -027 ATTACHMENT "D" Quote Form Addenda Page 15 Rev 8/30/2011 Supplemental Information Form HVAC On -Call Services PK 11 -427 1. The bidder hereby acknowledges that it has received Addenda No(s). /1/4 (Enter "N /A" if none were issued) to this Request for Quotation package. 3. Contractor Information: 1. Company Name: 2. Address: 3. City, State, Zip Code: 4. Phone Number: 5. Contractor Registration Number: 6. UBI Number: 7. WA State Industrial Insurance Account Number: 8. WA State Employment Security Dept Number: Signed by Title Printed Name: Date Project: PK 11 027 vet (1 t- elaSt1 j- /6 -Zo uS 4; f% Svc i ,x.2,1 IAJc.N4- seyul,v AMY 983d& (360) 683 -3q o d 6o0 3 (17- 761 2s 4. 1 oa y 00 6 9. State Excise Tax Registration Number: 60 o -3&17-761 Co, 2. The name of the bidder submitting this bid and its business phone number and address, to which address all communications concerned with this bid and with the contract shall be sent, are listed below. Any written notices required by the terms of an awarded contract shall be served or mailed to the following address: The bidder represents t -t it is qualified and possesses sufficient skills and the necessary capabilities to perform the service set orth in this Contract. Page 4 Rev 8/30/2011 co Project Title: HVAC On -Call Services Project Number: PK -1 I -027 The bidder hereby bids the following amounts for all work (including tabor, equipment, time and materials) required to perform the work in the Statement of Work and this package. Quoted Rates in Line Items 1 through 6 shall include all overhead, profit, etc. Call -outs will be paid based on the quoted rates in this form. 1. SERVICE CALL RATE 2. Material, which the contractor may require to do the work, and which is not supplied by the City, will be charged, AT COST PLUS 3. Permits Other Governmental Fees which the contractor is required to obtain or pay to perform the work, and which is not supplied by the City, will be charged, AT COST PLUS 75 (with verifiable receipts and invoices) 4. PREVAILING WAGE FILING FEES (LNI fee is $40.00 /form) Project: PK -11 -027 QUOTATION FORM Routine 1 J So Od /HR EMERGENCY 1 Z. 1 S'; )4 /HR 7 (with verifiable receipts and invoices) I go, o0 /FORM Page 3 Rev 8/30/2011 PW- 407_13 (rev 09/18/02] ADDENDUM NO. 1 TO PROJECT MANUAL FOR HVAC ON -CALL SERVICES PROJECT NO. PK 11 -027 NOTICE TO PROSPECTIVE BIDDERS September 23, 2011 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: Statement of Work, Attachment "A section Part 2 Excution is revised to include the following: 1. The section on Part 2 Execution is to be deleted from the Statement of Work under Attachment "A This section does not pertain to the work needed. The section to be deleted: PART 2 EXECUTION 2.1 RECORDS A.PALO will provide Contractor with a list of transformers to be sampled, and their locations. B.Contractor shall keep accurate records of each transformer tested and laboratory results. 2.2 PROCEDURE A. Customer outages will be necessary for the majority of testing locations. Contractor shall notify customers 48 hours in advance of planned outage. Outages shall occur only during normal business hours. Coordinate with PALO. B. Samples may be drawn by removing pressure relief valve. At some locations, it may be necessary to make a hole on the transformer tank above the oil level using a Hilti DX -451m or equal. C. Verify transformer is under positive pressure before drawing sample to avoid drawing air into the transformer. D. When sampling transformers with no PCB labels, treat the unit as having contaminated fluid. Since oil may contain PCB's, do not allow any oil drawn to spill on ground. Personnel shall wear latex gloves or other protective equipment to avoid exposure. E. Samples shall be transferred to individual sample bottles, to be provided by the Contractor. Clean any spillage from bottle exteriors. Page 1 of 2 F. Upon completion of sampling, reinstall pressure relief valve, or plug hole by coating with a silicon sealer and plugging with a coated rivet, provided by PALO. Contractor may use alternate methods if approved in advance by PALO. G. Upon receiving laboratory test results, Contractor shall field label each transformer with PCB warning labels or "No PCB" labels, as appropriate. Labels shall be installed on interior of pad mounted transformer compartments, or on exterior of overhead transformers to be visible from the ground. 2. The Bid Opening Date remains unchanged. The bid opening date is Thursday, September 29, 2011 at 2:00 PM. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non responsive. andall Brackett, P.E. Deputy Director of Operations PW- 407_13 [rev 09/18/02] Page 2of2