Loading...
HomeMy WebLinkAbout7561022 Duct Cleaning for City Facilities 24-23 - 24-23 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 24-23 Duct Cleaning for City Facilities THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation("City"),and Northwest Abatement Services,Inc("Contractor"),whose mailing address is PO Box 39220,Lakewood,WA 98496. RECITALS: 1. The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3. The City wishes to engage Contractor for the performances of these construction contracting services. 4. This contract was not formally bid because(check one) ❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. n SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,700.00 N SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$150,000.00 ❑ EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency,meaning unforeseen circumstances beyond the control of the City either: (a)Present a real,immediate threat to the proper performance of essential functions; or(b)will likely result in material loss or damage to property,bodily injury, or loss of life if immediate action is not taken. n COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No. X)between(agency) and(contractor)in accordance with RCW 39.34 (Interlocal Cooperation Act). n Other ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 1 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Contract 24-23 in accordance with this Contract form. Scope of work is as follows: See Exhibit A: Scope of Work The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Exhibit A: Scope of Work C. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form D. In case of any ambiguity or dispute over interpreting the Contract,the Facilities Manager's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City, and all insurance and licensing requirements as set forth in the contract have been met. The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met,whichever occurs first. 4) TIME OF COMPLETION The Contractor shall complete the work within 90 working days from the Notice to Proceed Date. 5) LIQUIDATED DAMAGES (CHECK ONE) 171 Liquidated damages shall not apply to this contract. n Liquidated damages shall apply to this contract as follows: ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 2 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion, and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will,in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as specified in the City of Auburn Engineering Construction Standards— General Special Provisions, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 7) COMPENSATION The Contractor shall do all work and furnish all tools,materials, and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ® Lump Sum Amount n Unit Bid Prices as listed in the Construction Work Quote Form n Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Lump Sum Amount, as specified above is $83,162.00, and Washington State Sales Tax of $8,565.69 for a total contract price of$91,727.69. This project is subject to use tax,which shall be included in the lump sum,unit bid, or time and material compensation amount listed herein. The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 3of14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A the Contractor and each and every Subcontractor,has been approved by the State Depaitnient of Labor&Industries, and is received by the City. A. Performance Bond ❑ This is a Limited Public Works Contract AND the City has waived Performance Bond requirements. ® The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is$150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainat a(check one) ❑ This is a Limited Public Works Contract AND the City has waived retainage requirements. ® This contract is $150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond,in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor, OR have the City retain,in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. ❑ This contract is over, $150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 4 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,including legal costs and attorney fees,incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience, ability,and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works) and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 5of14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A each and every subcontractor,has been approved by the State Department of Labor&Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor, or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand, gravel, crushed stone, crushed slag,batched concrete aggregates,ready mix concrete, off-site fabricated structural steel, other off- site fabricated items, and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 6 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A 10) TERMINATION The City may terminate this Contract for good cause. "Good cause" shall include,without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the City on demand. 11) PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries, and is received by the City. Retainage,if applicable, shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor,has been approved by the State Department of Labor &Industries, and is received by the City. 12) CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines, for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 7 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt,in good faith,to reach agreement with the Contractor on all equitable adjustments. However,if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City. If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City,including any direction, instruction,interpretation, or determination by the City,the Contractor shall: 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost,if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 8 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Chances The Contractor accepts all requirements of a change order by: (1)endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct,indirect and consequential costs, including costs of delays related to any work,either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions,interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). 13) CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages, additional payment for any reason, or extension of time,whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract. At a minimum, a Contractor's written claim must include the information set forth regarding protests in this Contract. Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must,in any event, file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 9 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A 14) WARRANTY (CHECK ONE) ® No warranty applies to the Contract Work. ❑ Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 15) INDEMNIFICATION Contractor shall defend, indemnify and hold the City,its officers, officials, employees, agents and volunteers harmless from any and all claims,injuries,damages,losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract 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, agents 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 this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 10 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Engineering Construction Standards—General Special Provisions, Section 1-07.18 (Insurance)which by reference is incorporated is a part of this contract. 17) CORRESPONDENCE (CHECK ONE) X Submittals and formal Requests for Information(RFI) shall not be required for this contract. Submittals and Requests for Information(RFI) shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable — RFI Title/Subject. Each e-mail shall be limited to 10 MB's in size. All RFI's shall accompany the City of Auburn"CIP Construction Request for Information" (RFI) form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted, for the Engineer to respond. B. Submittals. All submittals shall be made electronically and shall be transmitted via e- mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>, <<<Project Name>>> - "Submittal Title". Each electronic email shall be limited to 10 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. 18) MISCELLANEOUS A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor, its subcontractors,or any person acting on behalf of Contractor shall not,by reason of race,religion, color, sex, sexual orientation,national origin,or the presence of any sensory,mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 11 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A B. Compliance with Laws. The Contractor shall comply with all federal, state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court, King County,Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however,nothing in this subsection shall limit the City's right to indemnification under Section 15 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract,unless otherwise notified. Any written notice shall become effective upon delivery,but in any event 3 calendar days after the date of mailing by registered or certified mail,and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver,alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 12 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A K. Severability. If any one or more sections, sub-sections,or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits , supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 13 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A IN WITNESS WHEREOF,the parties below have executed this Contract. NORTHWEST ABATEMENT SERVICES, INC THE CITY OF AUBURN Paul ocuSigned by: cD:Szidned by: P��. w�aisasu4esuG4ois. uiitvai., . (Signature) (Signature) Paul Peters By By Nancy Backus (Print name here) Its IAQ Division Manager Its Mayor (Authorized representative) 5/22/2024 5/23/2024 DATE: DATE: APPROVED AS TO FORM: tDocuSigned by: V4 5/23/2024 matacrro�aavry Doug Ruth,Acting City Attorney Notices to be sent to: Notices to be sent to: NORTHWEST ABATEMENT SERVICES, INC CITY OF AUBURN Attn: Paul Peters Attn: Lisa Moore PO Box 39220 25 West Main Street Lakewood,WA 98496 Auburn,WA 98001 Phone: 253-588-0440 Phone: 253.288-3158 E-mail: paul@nwabatement.com E-mail: lmoore@auburnwa.gov ENG-059,Revised 3/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-23 May 1,2024 Page 14 of 14 DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. EXHIBIT A Date: 4/25/2024 Sent: Via Fax To: Lisa Moore Phone No: 253-288-3158 City of Auburn Washington E Mail: Imoore©auburnwa.gov 25 West Main Street Auburn, WA 98001-4998 RE: HVAC/Duct Cleaning Quotation Bid Number: 2024-39902 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system supplying conditioned air to Auburn City Hall, as per our scope of work listed below, for the sum of: See Breakdown Below: SCOPE OF WORK Northwest Abatement Services, Inc.will provide all labor and materials to perform the following: OPTION (A): Clean air-handling units and all connected supply, return, and exhaust ductwork, supply diffusers, and return grilles as shown on drawings M2.0 Second Floor, M2.1 Ground Floor and M2.2 Penthouse/Mechanical Room: $19,300.00 Initial 1)All attached supply, return, exhaust and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing portable power vacuum, contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips,and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed using metal panels. Estimated time to completion for OPTION (A): 10 days. Authonzed Signature: Per I Name and title: Paul Peters, Estimator P.O.Box 39220.9822 3211Ave.S.•Lakewood,WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. Date: 4/23/2024 Sent: Via Fax To: Lisa Moore Phone No: 253-261-7550 City of Auburn Washington E Mail: Lmoore@auburnwa.gov 25 West Main Street Auburn, WA 98001-4998 RE: Duct Cleaning Quotation Bid Number: 2024-39907 Auburn Golf Course 29630 Green River Road SE Auburn, WA 98092 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system, as per our scope of work listed below, for the sum of: $7,040.00 SCOPE OF WORK Northwest Abatement Services, Inc.will provide all labor and materials to perform the the folowing: Clean the HVAC systems supply and return ductwork, supply diffusers, and return grilles at the Auburn Golf Course. 1)All attached supply, return, exhaust and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips, and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed using sheet panels. Authorized Signature: �� Name and title Paul Peters, Estimator P.O.Box 39220.9822 321Ave.S.•Lakewood,WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. Date: 4/30/2024 Sent: Via E-Mail To: Lisa Moore Phone No: 253-288-3158 City of Auburn Washington Email: Imoore@auburnwa.gov 25 West Main Street Auburn, WA 98001-4998 RE: HVAC/Duct Cleaning Quotation: Bid Number: 2024-39932 Auburn Professional Building 1 East Maint Street Auburn, WA 98002 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system supplying conditioned air to Auburn Professional Building, as per our scope of work listed below, for the sum of: $17.800.00 SCOPE OF WORK Northwest Abatement Services, Inc.will provide all labor and materials to perform the following: Clean air-handling units and all connected supply, return, and exhaust ductwork, supply diffusers, and return grilles as shown on drawings M3, M4, and M5 1)All attached supply, return, exhaust and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing portable power vacuum, contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips, and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed airtight using gasket pressure panels. Estimated time to completion 10-12 days. perm Authorized Signature: 4 Name and title: Paul Peters, Estimator P.O.Box 39220.9822 321Ave.S.•Lakewood WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. Date: 4/25/2024 Sent: Via E-Mail To: Lisa Moore Phone No: 253-261-7550 City of Auburn Washington E Mail: Imoore©auburnwa.gov 25 West Main Street Auburn, WA 65001-4998 RE: Duct Cleaning Quotation Bid Number: 2024-39905 Auburn Senior Center 808 9th Street SE Auburn, WA 98002 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system supplying conditioned air to Auburn Senior Center, as per our scope of work listed below, for the sum of: $9,847.00 SCOPE OF WORK Northwest Abatement Services, Inc.will provide all labor and materials to perform the the folowing: Clean (5)air-handling units and all connected supply, return and exhaust ductwork, supply diffusers, and return grilles at the location listed above. 1)All attached supply, return, exhaust and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips, and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed using sheet metal panels. Estimated time to completion 6 days. perm Authorized Signature: 4 Name and title: Paul Peters, Estimator P.O.Box 39220.9822 321Ave.S.•Lakewood WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. Date: 4/25/2024 Sent: Via E-Mail To: Lisa Moore Phone No: 253-261-7550 City of Auburn Washington E Mail: Lmoore@auburnwa.gov 25 West Main Street Auburn, WA 98001-4998 RE: Duct Cleaning Quotation Bid Number: 2024-39906R Auburn Maintenance & Operations Building 1305 C Street SW Auburn, WA 98001 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system, as per our scope of work listed below, for the sum of: $7,225.00 SCOPE OF WORK Northwest Abatement Services, Inc.will provide all labor and materials to perform the the folowing: Clean (3)air-handling units and all connected supply, return and exhaust ductwork, supply diffusers, and return grilles. 1)All attached supply, return, exhaust and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips, and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed airtight using gasket pressure panels. perm Authorized Signature: 4 Name and title: Paul Peters, Estimator P.O.Box 39220.9822 321Ave.S.•Lakewood WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. Date: 4/25/2024 Sent: Via Fax To: Lisa Moore Phone No: 253-261-7550 City of Aburn Washington E Mail: Imoore©auburnwa.gov 25 West Main Street Auburn, WA 98001-4998 RE: Duct Cleaning Quotation Bid Number: 2024-39903 Auburn Justic Center 340 East Mai Street Auburn, WA 98002 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system, as per our scope of work listed below, for the sum of: $18,300.00 SCOPE OF WORK Northwest Abatement Services, Inc.will provide all labor and materials to perform the the folowing: Clean (8)air-handling units and all connected supply and return ductwork, supply diffusers, and return grilles at the City of Auburn Justice Center. 1)All attached supply, return, exhaust and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips, and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed using sheet metal panels. Authorized Signature: PCP1ld Name and title. Paul Peters, Estimator P.O.Box 39220.9822 32dAve.S.•Lakewood WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A "It's Not What We Do, It's How We Do It" WIR Page 1 of 3 Northwest Abatement Services,Inc. Date: 4/25/2024 Sent: Via Fax To: Lisa Moore Phone No: 253-261-7550 City of Auburn Washington E Mail: Imoore©auburnwa.gov 25 West Main Street Auburn, WA 98001-4998 RE: HVAC/Duct Cleaning Quotation Bid Number: 2014-39904 Parks, Arts and Recreation Administration Building (Teen Center) 910 9th Street SE Auburn, WA 98002 Northwest Abatement Services appreciates this opportunity to provide you with this proposal for our services. We look forward to working with you, and hope that our proposal meets your requirements. We propose to clean the HVAC system supplying conditioned air to the REC, Teen Center, as per our scope of work listed below, for the sum of: $3,650.00 SCOPE OF WORK Northwest Abatement Service Inc.will provide all labor and materials to perform the following: Clean (3)rooftop air-handling units and all connected supply, return exhaust ductwork, supply diffusers, and return grilles. 1)All attached supply, return, and OSA ductwork will be placed under negative pressure and mechanically cleaned to the National Air Duct Cleaners Association (NADCA)standards utilizing either high powered portable or truck mounted vacuums, contact HEPA vacuuming, 170 psi forward and reverse air nozzles, air whips, and rotating brushes. 2)Larger commercial ducts will be zoned off as necessary for proper cleaning using inflatable zone bags. 3)All HVAC system components will be cleaned to NADCA standards including but not limited to air dampers, turning vanes, plenums,VAV boxes, duct heaters, and duct coils. 4)Supply diffusers and return grilles will be removed, hand washed, and replaced. 5)All duct access openings will be sealed using sheet metal panels. Estimated time to completion 2 days. perm Authorized Signature: 4 Name and title: Paul Peters, Estimator P.O.Box 39220.9822 32dAve.S.•Lakewood WA 98499•(253)588-0440*Fax(253)588-0198.1-8( 588-0340 Website:wwwnwabatementcam•Cottactor#NORTHAS066RN DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A Page 2 of 2 Lisa Moore CONTRACT CONDITIONS/EXCLUSIONS 1. Price does not include Sales Tax. 2. NWAS, INC. will not be held responsible for any damage caused from existing deficiencies within the ventilation system. 3. Price includes Liability Insurance for Two (2) Million dollars ($2,000,000). 4. NWAS, INC. must be able to electrically isolate each unit being worked on for our technicians' safety as well as the safety of your equipment. 5. Price is based on power and water being provided by the Owner/General Contractor. 6. All work will be performed in accordance with EPA, WISHA and OSHA standards. 7. Price excludes a performance bond. If required to be provided by Northwest Abatement Svcs, Inc., please add 3% to the above price. SPECIAL CONDITIONS AND EXCLUSIONS A) Northwest Abatement Services, Inc.will not be held responsible for existing conditions or damage within the HVAC system. B)The NADCA standards for source removal techniques does not include the removal of soot staining, paint and or wall texture overspray and odors. C) If any damage is discovered before or during the cleaning process within the HVAC system,the owner will be notified with documentation and pictures. D)This proposal does not cover costs to replace HVAC components or ductwork that may have been previously damaged as a result of construction activities, fire,water or rodent activity. E) Northwest Abatement Services, Inc.will not be held responsible for staining that may remain on the interior of the ductwork, supply registers, return grilles and wall/ceiling surfaces after they have been HEPA vacuumed. F) If the ductwork in the Art Room can't be accessed for cleaning, the City of Auburn will need to remove attached art work so the ductwork can be cleaned. G)New air filters will be replaced if provided by the owner** DocuSign Envelope ID: E701EA60-D93C-4803-AA4E-00C3F017D80A Page 3 of 3 F,STATg Department of Labor and Industries ova �; MODEL DISCLOSURE STATEMENT Construction Compliance NOTICE TO CUSTOMER 1889 3°' This contractor is registered with the state of Washington, registration no northas066rn,and has posted with the state a bond or deposit of $12.000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is 12/18/25. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $12.000.00 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract: YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION YOU MAY REOUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR AT YOUR PROJECT. The contractor is required to provide you with further information about lien release document if you request it. General information is also available from the state Department of Labor and Industries. I have received a copy of this disclosure statement. Dated this day of of the year Signature of Customer The contractor must retain a signed copy of the disclosure statement in his or her files for a minimum of three years, and produce a signed or electronic signature copy of the disclosure statement to the department upon request. F625-030-000 model disclosure statement notice to customer 08-2007