HomeMy WebLinkAboutCP2113 #21-19 Auburn Senior Center HVAC Replacement ) 1k,4.1
..*
CITY OF, ..,
® - Nancy Backus,Mayor
X"'''-----,5;;; WASHINGTON 25 westMain Street*Auburn WA 98001-4998*www.auburnwa.gov k253-931=3000
May 7, 2021
Jake Goetze
Hermanson Company, LLP
1221 2nd Avenue North
Kent, WA 98032
NOTICE TO PROCEED
RE: CP2113, Auburn Senior Center HVAC Replacement, Contract#21-19
You are hereby notified to proceed as of May 10, 2021 with the work on the above-
referenced project, within the time period specified, in accordance with the provisions of the
contract documents, copy enclosed. Your first working day will be May 11, 2021. This
project has 120 working days for completion.
This Notice to Proceed does not authorize any construction or other activity in violation of
any law, expressly including the Governor's Emergency Proclamations and related
Guidance Memoranda. Active construction activities shall be in accordance with all current
criteria and requirements related to Proclamation 20-25.
If you have any questions, please contact the Lisa Moore, at 253-288-3158 or the Contract
Administration Specialist, Cindy West at 253-931-3002.
Sincerely,
Lisa Moore
Facilities Manager
Administration Department
LM/cw/as
Enclosure
cc: Shawn Campbell, City Clerk
Amanda DeSilver, Contract Admin Supervisor
Electronic Distribution Only
ENG-017-ELH, Revised 12/18 AUBURN* MORE THAN YOU IMAGINED
DocuSign Envelope ID:12B14179-83CE-4EE2-B86C-3BD2EF528A9B
NON;T:ORIVIALLY.Ka PUBLIC WORKS CONTRACT:NO,1149
,Prof No.CP2113;Aubutrilor Coto:0VAC.10plae1flent
THIS'CONTRACT 1 entered between tite City Of Aninirti,a WashingtOnNittitieipal
COrporation(tity"),and Fterinanson.Company,:LLP("ContraCtor"),_whose mailing address is 1221.2'4
Avenue North,Kent„WA 98032,
RECITALS;
1.The,City isin need of construction contracting services tO.cortipleto:the publicvork as.described,
in.this Contract.
2., Contractoris:qualified-to.petform the:donstrUction.cantracting 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 (cheek one)
LI LIMITED PUBLIC WORKS CONTRACT:Erigineeea atitnao<.$50,000,00
and this contract was awarded using the Limited Public Works!process as
described WV.39..•04,135,
1=1, smai„puntioNvons,CONTRACT(SINGLE TRADE
Engineer's Estimate $75,500;00
SMALL puBLIC:WORTO CONTRACT(1y1V,LTIKE:TRAM WORK):
Engineer's animate<I$116,1$5.00
0 :EMERGENCY PUBLIC WORKS CONTRACT:Per:RCW 3.9.04.280,this work
iS ennipatotil CoitipetitiVe-biddingtequirein enta beCatis.ethe work iS
considered an emergency;niegningunfoitsedrizirCuinstanteg bpylond the
control of tileCityither (a),Present arcal,immediateliroat d the proper;
performance of essential functions;:MOO will likely result in-material'1OSS-Ot
damage to property,bodily injury,or loss of life if immediate action is not.
taken,
El COOPERATIVE PURCHASING AGREEMENT;'This contract is being:let
under(cooperatiyeeontract No.X)between(agency)And(contractor)*
accordance with RCW 39.54 anterlOCal.Cooperation Act);;,
LI Other
ENG-059,Revised:7120
NOlit-F0104ALIY BID ptint,to wbRic,coNtrtAcytla.21 1
Aprii.9„7.41
Page oE1;5'
DocuSign Envelope ID:12614179-83CE-4EE2-B86C-3BD2EF528A9B
AGREEMENT
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tacIls:„.:Materials and equipment for the-construction
ol Project NO,:cP21 I.3 in accordance with this.Contract foil* Scope. :of work is as.f70110.0.:
See attached Scope of Work.
The complete Contract includes the following.parts,whichare by thisreference incorporated
'herein and made a part hereof Any inconsistency in the parts of the Contract shall.be
resolved by the ordor in'Which they are listed:
A. Non-Formally Bid Public Works Contract(this form)
B. Construction Work:Quote.Fait
C. City of Auburn Construction Standatds
D. City of AtiburnDesign Standards
E. Divisions 9 of:WSDOVAPWA:Standard Specifications for Road,Bridge and
Municipal Construction as modified by.the,City of Auburn Construction Standards and
any special provisions included in the:Contract
F. Portions.Of Division 1 of WSDOT/APWA Standard Specifications for Road,Bridge orl.
Municipal Construction as specifically referenced by the City of Auburn.construction
Standards and the Contract.
G. Washington St4te.)DepattmeotOtabOt&IfiduStries:Pievailing Wage Rates and Benefit
Key Code effective the date:the Contractor submitted the Construction'Work Quote Form
H. On the Contract plans,wOrking drawings,and standardplans,figured dimensions shall
take precedence over seal ed.climetisidhg:
I. In case of any ambiguity or dispute over interpreting the Contract,the CityEngineer's
decision will be final,.
2) CITY OF AAJIWRIN.BUSINESS LICENSE
The Contractor, subcontractors,:and lower tiet subcontractors,shalt have an active City of Auburn.
business license,
3) NOTICE TO PROCEED
ENO-059,teVised1/20
NON-FORMALLY BID PUBLIC WOW CONTRACT NO,4-10
April 9.2021
Pqge2 of 15
DocuSign Envelope ID:12B14179-83CE-4EE2-S86C-3BD2EF528A9B
A Notice to Proceed,wilt boissuedonce,the Contract has beenftilly executedby the Contractor and
City;and all insurance andlicensingloquiromont as sot forth Jit the contract have been met.The
Notice to Proceed Date shall be tither the date theContractOreOttrilende&COlitra0WOrk.or the date
the contract.has been.fallyexecuted by the Contractor and City and all insurance;and licensing:
requirements.as.Sot.fort it the contracthave,boon met,whichever polo fiot
4) TIME OF COMPLETION
The Contractor shall complete the work within 120 working days from the.Notice to Proceed Date,
5) TAQUIDATtir,DAMAGES (clack ONE).
Liquidated damages.shall not apply tolhisUontract.
fl Liquidated.damages,shall apply.to this contractas falloWs:!
If Said Work fiacomploted within the time specified,the Contractor agrees to pay
datnages,to:the City
A To pay(according to the following:formula)liquidated damages foreaeh
working daybeyond.0:000*,Of working.days established rot physical
completion,and.
B. To authorize the Engineer deduct:frieSeliquidated damages:from:any money
due or coming due tO the COntractot,
C. Liquidated damages.wik:notbe assessed for.any days,for extensionof
tiis granted.: NO deduction or payroonr.of liquidated damages.011,in any
release the.:Contractor from further obligations tO cOMPlete the,entire
Contract,
Forintilat Contr4et:Price(Without taX)x U.15,divided by the original number Of
working days fOr completion.
6) 11[011,R !OF WORK
Allowed hours of work areas a specified in:the titycf7,Auburn Construction Standards;Part 1,
Section 1,,,08.0(2)(HOto of Work),which reference is:incOvotated js apart of this contract.
7) COMPENSATION:
The Contactor:shall do:all work:and futtia all to01$,:M.4tetial$i and equipment for th work and.
services.contemptate.din this Contract for compensation as follows::.(Check One):
Z Lump Sum Amount
D Unit Bid Prices as listed into Construction Work,Quote Form:
ENG-059,ReVi$W.7/20
NO14.-FMMAILIN BID PtIlItte WORK.CONTgACT:No,44.0
April 9,,;(gt
Page 3 of
DocuSign Envelope ID:12614179-83CE-4EE2-686C-3BD2EF528A9B
Not te Exceed Amount,paid per the Force Account method as deSCribed in.Section 1--
09.6 of the current WSDOT Standard Specifications for Rod,Bridge ancI:Minijeipal
COnstraction
The.Lump Sum.Amount,as specified above is$90,699.00,,and'Wathington State Sales Tax ofnine
$9,10.60 for aota ,connut:price of$99,859,611
This project is,subject to usetaN,which shall he included in the turn'),surn,unit bid,or time and
material compensation amount listed.berein.
The City's sales:tax:area is 1702 for work.within king County and2724,for-work-within Pierce'
Ceunty. No payment Shall be issued until;a Statement of Intent to Pay Prevailing Wages form,'for
the Contractor and,each and every SUbcontractor,basbeen approved by the.State Department of
'Labor&Industries,and is received by the City.
A. Performance Bond
This is.a,Litriited Public Works Contract AND the City has'waived Perforitance Band
requirements:.
] The Contractor shall furnish the City with an"PcOcuted.PerfPrirtance belga:for.the-full
Contract:amount:unless the contact amount is$150,00000 or less and the Contractor has
eleeted to have 10%retainage held by the.City,in which caSe a performance bond is not
required for this project.
B. Retainage(cheek one)
D This is 0.-Limited Public Works Contract AND.the City has waiVed:retainage
requirements.
El This contract is$150,000.01).Or less,'therefore,the following applies:-
The Contractor May elect tofurtlish a p,erfOrthance bond;in which caSe'the City shall
hold back retainagein the amount of 5%of any and:allpaymentsmade:tothe
Contractor;OR have the City retain,in lieu of the performaneebond, 10%of the total
Contractarriount,pursuant to RCW 59.08.010. The ContraCtor.Sliallekecute a.
"Declaration of Option for Performance Bond or Additional Retainage"to indicate
his/her option: IffOrrnshing a performancebond,the:Contractor can choose to have
the retainage lield.bythe City in rion-intereSt bearing,aecount,have it placed in an
Escrow(interest bearing)Account or submit a bond in lieu of retainage. Said
retainage shaft be held by the City for a period of 50 dayS after the Completion Date,
or until receipt of all necessaryreleases from the State Department ofitevenue and
State Employment Security Department,.includiug AffidaYit ofWages paid for the
ENG-059,Revised 7/20
NON-FOliMALLY BID PUBLIC WORK CONTRACT NO 21 1'0
April 9,2021
'Page 4(415
DocuSign Envelope ID:12B14179-83CE-4EE2-686C-3BD2EF528A9B
ttnitraCiOr and each and every subcontractor,.and until-settlement of any liens flied
under Chapter 6028 RCW,whichever is later.
This totitraet is eVer,$I 500(i.00,tlierefOre;the follOwingappliest.
The City shall hold back retainage in the amount.of 5%:ofany and all payments
Made to the Contractorpurspant to RCW 39.08.019., The Contactor.can choose to.
have the retainage held by the:Cityein anon-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 receiptof all necessary releasesfrom the State DepartmentotRevenue and
State:Employment Security Department,includin$Affidavits:of Wages:paid for the
Contractor and each.-arid:every subcontractor,anduntil settlement of any liens filed
under Chapter 60.28RbW,Whichever is later:
C. befeetive..ot Unauthorized'Work,
The City reServeS its rightto'withhold payinent from the Contractor feta*defeotive or
unauthorized.work. 'Defective or unauthorized work includes,without limitation; work and
materials that do not conform.to old reoltempnts so this COntraC4‘and extra work and
:materials'furnished without the City's written.approval. If the.Contractor is unable,,for any
,rea0n, satisfactorily-cempleteartypertien f the.work,the City may complete the work by
contract or othetwise,and:the Gotittaetet 1.1a11.be.liable the City for any,additiOiial costs
Incurred by the City. "Additional costs"shall meanatreasonable costs,including legal costs
and attorney fees,incurred by the City beyond the maximum Contratt:price specified Abo\re.,
The City further reserves its right'to deduct the-cog 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 ardprOperlyroatle and identified by'the:Contractor as'unsettled at the
dine Final Invoice is Submitted by the,Contractor.
8) INDEPENDENT CONTRACTOR
The partieS intend that ati indeperideUt CoritraCtor-Fitipleyer Relationship will be;created bythis
Contract;the Citybeing interested only in the results obtained under.this Coutract.
9) SUBCONTRACTING'
Work.dorieby the Contractor's own organization shall account for at:least. pereeut of the
awarded Contract price. Before coripiiting this'peteeritage h.OWeVer, Contractor may subtract,
ENG-059,Revised 7/20
NON FORMALLY BID ptiBLIO WORK CONTRACT NO 1•••19
April 9,2021
"Psge 5 of.15
DocuSign Envelope ID:12614179-83CE-4EE2-B86C-3BD2EF528A9B
(from the.awarded-Contract price)the costs of ariysubcontractedwork:on items the Contract
designates as specialty items..
The Contractor shall.not subcontractwork unless the City approves in writing. Each request to
subcontract:shall.be:on the;form the City provides Tf 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 subcontract or to comply with KW:$912.(Prevailing Wages on.
Public Works) and to furnish all'certificates and statements required by the Contract.. NO payment
shall be issuedwttil.a Stateinent<of.Intent to PayPrevaiiing Wages form,.for.the Contractor and
each and every subcontractor,.ltas beat approved bythe State Department of Labor,&Industries,:
and is received by City.
Along with the request to sublet,the Contractor shall submit tle names of any contracting fiirms the;
subcontractor proposes touse as lower stib:contractors. Collectively,.these lower`tier
subcontractors Shall not do work that.exceeds 25.percent of the:total;'amount;subcontracted to a,
subcontractor. When a subcontractor is responsible for.construction of a.specific structure or
structures:'th following.work Maybe performed by,lower tier subcontraetors-without being subject
to the 25 percent linitation:.
A. Furnishing.and driving of piling,or
B. urnishingand installing concrete reinforcing and post=tenstoning.steel
Except forthe 25 percent limit,lower tier subcontractors shall meet the same
requirements'as subcontractors.
The City w ill_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 Otic the Contr.act:
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 subcontrracttng: (1)purchase of sand,.gravel,,crushed stone,crushed
slag.batched concrete.aggregates f ready snix concrete,.offsite fabricated structural steel,.other off--
site fabricated items,and;any other matertals.supplied by established:and recognized:,commercial:,
ENo 05) Revised 7/20
NON FORM.ILLY BID PtJI;LIC WORK CONTRACT No
A1ri19,202.1
:Page 6 of 15'
DocuSign Envelope ID:12614179-83CE-4EE2-686C-3BD2EF528A9B
plants;or(2)delivery of these:materials to the,work site in vehicles owned.or,operated by such.
plants or by recognized.independent or'comnierciallhauling companies, However,,the Washington
State Department of Labor,and Industriesmay determine that RCW 39.12_appIies`to the employees.
of such firms identified in A and:B above in accordance with WAC 296427;.
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 anysubcontractor.
Also,it is notintended to bestow`upon any subcontractor,the status of a third.-party beneficiary to
the Contract between the City and the Contractor.
10)TERMINATION
The.City may terminate this Contract for good cause "Good cause"shall,inelude,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 fin and pro mpt,payinent;tO Stibeontracters or for
material or.labor..
D, The Contra'ctor's persistent disregard_of federal,state.orlocal laws,rules'.or regulati'ons..
E. The Contractor's:filing forbankruptcyor becoining:adlud'ged bankrupt.
After all the work contemplated by the Contract has been:completed•either by the'Surety or the
City,the'City wi I calculate the total expenses and damages for the completed work.. lithe 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 totalexpenses and.damages.exceed the;'tmpaid 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 Cbntractorshall
'pay prevailing wages:and'comply with;Chapter 39.12 of the Revised Code.of Washington,as well
,asany,ether applicable prevailing wage rate provisions. The prevailing,wage'rate revision in effect.:
ENG-059,Revised:7/20.
NON-FORMALLY BID PCIBLIC WORKK,CONTRACT NO,21-10
April 9,,2021
:Pagel 0E15':
DocuSign Envelope IQ:12614179-83CE-4EE2-686C-3BD2EF528A9B
on the date the:Contractor C.onstructionWorkquote Pormis attached and by this
reference incorporated herein and triade:a part hereof- :Novarrierit,shall be issueduhtda Statement
of Intent:to Pay Prevailing Wages foritt„:forithe Contractor and:each and every.gribeentraoto4 has
been approved.by the State Department of Labor&Industries,,and is received by the City..
Retainage,iflapplicaW shall notbe released until an AfficlaYit of Wages Pak, forijor the
Contractor and each and every subcontractor,has been approved by:the State Departruent OfLabor
Industries„andisTeceivect by the City.
12)CHANGES
'The City-may-issue=awritten change order for,any:chang in the Contract work during the
perfOrmance of this Contract. lithe:Contractor determines,for any roason,that a:change,order is
necessary„the Contractor must Submitawritten change order request:to an authorized agent nfthe
City within 10 calendar days,ofthe date the facts and:events giving riso'totie requested change
occurred, Ifthe City.deterinitieS:that the tharigitiorto$esot.,deitar.$0g.the Contractor's costs or
time for performaned;the City will make an equitable.adjustment. 'The City Willattempt,in good
faith,to reach agreement,with,the Contractor on.at equitable adjitstments:, However;if tho parties.
are:unable to:agree,the:City will determine the equitable adjustment asitdeems appropriate. The
Contractor'shall proceed with the.change ordetworknponreceiVirtg either avitten.change:order.
from the Cityor an oral order from the.City If the!Contractor fails to request a.Ohange order within
the timeallow.ed,the Contractor waives its right to make any Oahu or admit subsequent change;
orderrequests forthat 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:krotest.bv the Contractor
If the:Contractor disagrees with:anything required.by a change order,another written
order;„or an Oral order from the City,itautting an direction,iottilotiori,interpretation;
Or determinatiohy the City;the Contractor
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:ofprotest to the:CitY;
and
2. ,Supplment thewtitten:protest within 14 calendar days_with avtittert statement that
tri'evide8 the followinginformatiow
a.• The date of the.Coritraetees,protest.
lb. The'nature and circumstances that caused the:protest
c. The prOVisionS in thiS Contract that$1100tt,the protest.
ENG4)59,R666d1/20
NON FORMALLY pro PUBLIC WORK CONTRACT NO 211
APd'9,.20Z1
Page 8 of 15
DocuSign Envelope ID:12B14179-83CE-4EE2-686C-3BD2EF528A9B
d. The estimateddollar cost;If any,of theprotested how thatestimate was
determined.
e. An analysis of the:.progresS scliedttle showing the.seheditle change.Or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor Shall keep complete records.of extra tests and time incurred as a
resultOfthe prOtestedwork. the City Shall have access to arty of the Contractor's
recordsmeeded forevaluatingffic:protest.
3, The City will evaluate all protests-,providedtheprocedures in this section are.
followed. If the City determines that a.protestAs valid,the City Will adjust payment
for work or time by an equitable adjustment: No adjustment will he made for an
iiivalidprotost,:
B. COritractoristotity to ConuiletelPetitested Work
In spite of any protest,the Contra:eta.shall proceed promptly with t.11 .Vori('aS the City
has Ordered.
C. Contraettorts Acteritanceof Chalitges
The Contractor accepts all requirements of a change order by (1)endorsing it,(2)
writing,a separate acceptance,.or'6)not protesting n:the way thiSsection provides. A
changeorder that ia'aoceptotthy tho CoMtactOrasprOvidetl 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
I .
entitletetent and.acceptS•frent the pityany written or oral order(including directionS,,
instructions,interpretations,and determination).
F. Failure to Follow,Procednres,6onstituteS:Wahret
.,
By failing 10 fO.110W,the procedures of this section,ifhe Contractor cOnipletelY waives:any,
claims for protested work and.aceepts.from:the City any written or oral order(including,
directions,instruetionS,interptetatioria,and.determination).
13)CLAIMS
The ContraCtorVaives right to a eight ifthey haVe not folloWed,theprotestprOcedures
this Contract.: If resolution ofa protest cannot be reached,end the Contractor wishes to pursue a.
claim,the Contractor shall give written notice of claim to the City within 15 calendar daysof the.
City'S.noticp of its flnal decision on the,COntractoes firoteSt: Any elaini.for.dattages,.additional
ENG-059,ReVi.secl 7/20.
NON FORMALLY BID PTJBLtC woRK.col4ToAcr NO 21 i 9
:April 9,201
Pgge.9 of 15'
DocuSign Envelope ID:12614179-83CE-4EE2-686C-3BD2EF528A9B
payment for any reason,or extension of time,whether underthis Contract or otherwise, shallbe:
conclusively deemed to have.been.waived byte Contractor unless:utimelyA,yrittea claim is,made.
in strict accordance with the applicable proviSions.of this,Contract At a MininraM, Contractor's:
written claim must include the information set firth regarding protests it this.Contract.
Failure to.provide a complete,writtennotification;attain within the time allowed shall be an
absolute waiver of any elaims,arising in any way from the:facts or events:surrounding that or
caused by that delay:
The Contractor nutst..in any event,file ylui1i:prb:riIg anyany suit atisinwfrom or connected with.
this'C tract,prior to signing the Final Payment RIM.
1.4)WARRANTY' (CHECK ONE).
NaLI .warranty appliooto theContract:WOrk„
Z
Warranty applies to the-Contract Work as-follows:
All defectsln workmanship and,ntaterials:thatoccur within one year of the Contract.
•COmpletiondate shall be collected by the Contractor., When defects are corrected,the
warranty for thatportiOn of the work$114.11.etend,for one year frotn,the'date$44:eotreetiOn
is completed and accepted by the city, The Contractor shall begin'to:Corea any'defects
within 7 calendar days of itsireceipt of notice from the:City of the.defect. :If the Contractor
does.not accompliSh:the-correctionswithin.; reason abk time,.the City complete the.
corrections and the Contractor:Shallpayall:coSts incurred by the City in Order to aeCoMpliSh
the correction.
15) INDEMNIFICATION
Contractor Shall defend,iriderrinify and.hold the City,its officers,:officials;.empleyeca,agents and.
volunteers,harmless from any and all oiaims,:injtities,,damages,ios:ses or suits,including all legal
costs and attorney fees.,arising out ofor in connection with,the performancenfthis Contract,except
'for inittries and damages caUSed:by'the.sore negligenee Of the City.
The City's inspectionlx.acceptance of any of the Contractor's:work when completed shall not be
grounds to aVoid any efthese covenants of indenutifiOatiOn:
Should a ceurtof,competent jurisdiction determinethat this:Contract i,s subject to RCW 4.24.115',
then;in the event of liability for,damages arising out of bodily injtuyte OrSorig cr.damages to.
ENG-059,ReVied,7/20
NON FORMALLY BID Ptintic Wow CONTRACT NO IT-to
Api10,;021
Page 10 oft5
DocuSign Envelope ID:12614179-83CE-4EE2-B86C-3BD2EF528A9B
property caused by or resulting frorathe concurrent negligence of the Contractor middle City,its
officers,officials,emplo)r.ces„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 ekpiratiOn or termination Of this contract.
16) 1NSVRA:NCE
InsUralice requirements shall be aS specified in the.City'of Auburn Construction Statidard8,:Part lj
Section 1.-07.1:8(Insurance).which by reference'is incorporated is a part of this contract.
1.7)CORRESPONDENCE(CHECK ONE)
Submittals andforrnal Requests for Information(RFI)shall not be required:for this contract..
Submittals and Requests for Infonnatiou(REI shalt be as follows:
A. Requests for Information (RFTs). FI's shall be made electronically and shallbe
transmitted via email to PWStibmittals@auburnwa.gpv, The e-mail subject line: of
electronic R.VI's shall did follOWing: ContraetNtimber andProjeat Nameguiriber
as applicable—RFI Title/Subject. .Each e-mail shall be limited;to. MB's in size. All.
RFI'a shall accompany the City of Auburn "CIP Construction Reqpest-for Information?'
(RF.1)form as a cover letter with enough information provided for the Engineer te respond.
accordingly.. The time required.to tvaltiate and review RFr s is not the same-for all RFI's.
The-ContraCtor shall allow-a minimum of10 calendar ciays,..tmles's otherviiise'noted,for:the
Engineer to respond.
B. Sjibmittals, All submittals shall be made electronicallyand ahall he transmitted via,PIP ail
to PWStibrnittals@aubilmwa.goV. The e-mail subject line of electronic glibinittalg,.shall
include thefollowing: -<. <13rojectNumbeP> ,.<<<ProjectName -"Submittal Title'.
Each eleettonie email,shall be limited to 1.0 MB's:in size. ME eleettonie submittals shall
be Cleat, sharp high,contrast electronic files in.Word:2016,Excel 20:16.or PDF formats.
All submittals shall accompany the'City of Auburn -"Request for Submittal ApprovaP'
(RSA)forth,. Any subMiltals made,Without the RSA fortn, without of therequired
information on the form filled:out by the Contractor sball be rejected without review. NO
additional compensation or tinap.extension hall be granted for a Contractor snot supplying
ENG-059,Revised 7/20
ION-FOWALLY BID KlEitIC WORK CONTRACT NO 21-10
April 9, 02.1.
'Page II of IS
DocuSign Envelope ID:12B14179-83CE-4EE2-B86C-3BD2EF528A9B
this form as a cover letter for their submittals or for an improperly.filled out form. The
RSA'fowl shall be,'completed,by the Contractor as follows;
• 'For any item being subinitted t 'the City for reVieW and approval forthe firattitne.,
check the"New Submittal"box. The City will assign the item a submittal number.
For items that have been previously submitted and:tequire re-submittal, check.
the "Re-submittal of.No. box' and fill, in the subinittal number that was
assigned by the city to the original submittal. For,submittals that.are.providing'
Material Acceptance ,Doemnentation for 'a submittal that has been,previously
made, the Contractor shall Check the "Material Acceptance Documentation for
Submittal No. box and fdl in th0 submittal number that was igndy the
City fOr Whieh the Contractoris supplying the acceptance documentatiOnfor.
• Fill in the ContractNumber LE.. - and Contract/ProjectNarrie;
• Fill in the Project Identifying Nintiber(LE,CP####);
• Fill in the Date the SubmittaLwas transmitted to the CitY;
• Provide the Contractor's name and, if applicable, the name of Subcontractor'or
supplier who pteparedthe submittal;
• The Contractor is,stronglyencouraged to submit onlyonematerial oritem.per RSA
form,,however if mote:than one:material or it -is listed,op the formthenprovide
a GenetatSribthittal Title that is applicable tofhe group. 156 tot,group
materials or items'on the same form;
• When applicable,provide the Bid'item number the submittal is:referencing;
.• Provide a Subtnittaldescription(be speCific).For Material submittals,.provide the
Type of Material, the Manufacturer's Product/Type, or the trade name of the
product;
• When applicable, provide the Name and the Location of the Fabricator or the
Manufacturer's:name or the Pit Number. This-should be the actual manufacturer;
not the supplier or distributor,
• Provide the Contract Specification section.:nun-iber(s) or the page number the
submittal material is referencing,.or you can list the Plan Sheet number;and
• For Material submittals, indicate whether the-subniittal is requeSting use of the
WSDOT Qualified Product List(QPL)Or if the submittal is aRequest for Approval
of Material (RAM)that is not in the QPL,by.Checking the appropriate,boX, Por
nonmaterial submittals and for material acceptance documentation these.boxes
shall be left blank. if tbe Contractor.elects to.use-a product listed in the QPL,the
anbniittal documentation:shill he prepared In accordance with the,instructions in
ENG-059,te)iisdd,7/20
NON-FORMALLY BID Ptintic woaKCor47ACTNO.11-15
April 9, 1::121.
Page 12 of 15
DocuSign Envelope ID:12614179-83CE-4EE2-686C-3BD2EF528A9B
the WSDOT QPL program and shall bethe most current list available at the time
-
the product is proposedto be used,
18)MISCELLANEOUS
A. Nondiscrimination In the hiring of employeesfor the performance Of work under this
Contract,the Contractor,its subcontractors,Or anypersonaCting 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 whiaithe employment relates.
B. Compliance With Laws.. The Contactor shall,comply with all'federal,state and local
laws,mlehdtegulationSlhinughout every aspect:in the perfOritiarice of this Contract
C. Qualifications,of Bidder. Before award ea.public Works,contract;a bidder mustnieet at
least the miniitiunt tftialifieations Of RCW.3:904,350(1)IO,be considered a responsible.
bidder and,qualifiecl.to be Awarded a publieworks ptbject
D. Work at Contractor'saisk. 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
Contractors own risk,and the contractor shall be'tesponsihle'fOr any Joss Of'or darn
to materials,tools,or other articles used or heldsfOr'itse in connection With the work.
E Nonwaiver of Breach. The failure of the City toinsistnpon strict performance of any of
the terms and rights,contained herein,or to:exetciseanyoption herein conferredin One Or)
tnote instances,shall not he cOnstruedlo be a.waiver orrelinquishinerit of those terms'
and' ights 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 clisputeatiseS betweentheCity and the
Contractor under Any of the provisions of this contract'resolution of that dispute shall be
available only through the jtirisdiction,Venne.and rules of the King County Superior
Court;King County,Washington.
G. AttortieY's Fees. To the extentnot inconsistent withl1CW 39,04.240,in any claim ot
lawsuit for daniages ariSing-froni the partieS'perfonnarice 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 irithis subsection shall
limit the.City's right to indemnification wider Section la of'this'Contract.
H. Written Notice, All communications regarding this Contract shall be sent to the parties at
the addresses listed,on the Signattite page Of this,Contact,UnleSs otheiVisonotified.. Any
ENG-059,ReVised3/20
NON FORMALLY BID PUBLIC WORK CONTRACTNO.211
April 9,2021
Page 13'of 15
DocuSign Envelope ID:12614179-83CE-4EE2-686C-3BD2EF528A9B
written,notice shall becomoeffective upon delivery,'but in any event.j calendar days
after the date of mailing by registered,or Certifiedflail,and shall be deemed s4ft3Ojerittr
given ifsent 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,ormodifiCation 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.
K. Severability, If any one or more sections,sub-sections,:or sentences of this Contract are
held to.be unconstitutional or invalid,thatdecisionshall not affect tli.e validity of tbe,
remaining portiOn of this Contract,and the remainder sliall'retnain in ftill.fOrce and effeet
L. Entire Contract. Thewritten provisions:andterms 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 fettling a part
of or altering in any manner this Contract. This Contract,refereneed documents, and any
attached E?thibits contain the entire Contract betWeen the patties, Should any languagein
any referenced documents orachibits Ito this Contract conflict with any language
contained in this Contract,the terms ofthis contracfshall prevail,
ENG-059,Revised 7/20
NON-FORMALLY BID PUBLIC WORK CONTRACT Na 121-I 0
APr4 9, Q2 I
Page 14 of 15
DocuSign Envelope ID:12B14179-83CE-4EE2-686C-3BD2EF528A9B
IN WITNESS WHEREOF,the partiesbelow have execute('this Contract.
HERMANSON CoMpANY, THE.CITY OPAUEURN
e—DocuSigned by:
e—DocuSigned by:
jaw, hittiruA, J\inhiczd,u.3
D1472AB59BEF487
(Signature) ‘-(5iiiesteassys4co...
Jason Mi ren
BY By Nancy Backus
(Print name here)
Its Di rector of Finance Its 'Mayor
(Authorized.representatiVe)
DATE:
4/29/2021 DATE: 5/7/2021
APPROVED AS:TO FORM:
e—DocuSigned by:
6ant-4444
Kendra Comeau,City Attnrhey
'Notices to be sent tc,: NOticesAo be sent to,:
HERMANSON COMPANY,LLP CITY OF AUBURN
Jake Goetze:. Attn: Lisa Moore:
1221 2i4 Avenue North 25 West Main Street
Kent,WA 9M2p Auburn,WA 98091
Phone: 206-556-6578 Phone: 2512‘88,-j 1:58
igoetze@hermanson.com litoore@auburnwa.,gme
ENG-059,Revised,7/20
NON FORMALLY BID MEW WORK CONTRACT
APTil 9, 21
Page 15 of
DocuSign Envelope ID:12614179-83CE-4EE2-686C-3BD2EF528A9B
Scope of Work
PROJECT TITLE: Auburn Senior Center HVAC Replacement
Description of Work
• Remove and dispose of the existing equipment including recovery of the refrigerant
and disposal of the compressor.
• Furnish and install one Carrier 5 ton, packaged, rooft013,:gasieleotrio unit to replace
the existing unit of the same capacity. includes two stage cooling, medium gas
heat, return air smoke detector, and ultra-low leak economizer with barometric
relief.
• Furnish and install a new NEMA 8-R,fused, rooftop electrical disconnect.
• Disconnect, reconnect,and commission the Honeywell,Spyder controller.
• Disconnect and reconnect the gas piping.
RTU-2
• Remove and dispose of the existing equipment including recovery of the refrigerant
and disposal of the compressor.
• Furnish and install one Carrier 30 packaged, rooftop„,premium efficiency,VAV,
gas/electric unit to replace the existing unit of the same capacity. Includes variable
air volume, two stage low gas heat, stainless steel drain pan, return air smoke
detector,. non-fused disconnect, controls expansion module with phase monitor,
BACnet controls expansion board, and ultra-low leak economizer with modulating
power exhaust.
• Disconnect and reconnect the existing line voltage wiring.
• Furnish and install communication cable from the JACE controller to the RTU.,
4 Provide control integration, programming, and graphical interface.
• Disconnect and reconnect the gas piping,
EF-1
• Furnish and install the.following Greenheck belt drive upblast centrifugal roof
exhaust fan -
o Fan Model: CUBE-100HP-4
o Base - CUBE Fan
o Motor- 1/4 hp, ODP, 115/60/1, 1725 rpm - Factory Mounted
o Drive- 1402 'RPM- Factory Mounted
o Standard Curb Cap Size - 19 in..Square
o UL/cUL 705 Listed -"Power Ventilators"
o Birodscreert Aluminum, nom. 86%Free Area
o Bearings with Grease Fittings, L10 life of 100,000 hrs (L50 avg. life
500,000 hrs)
DocuSign Envelope ID:12B14179-83CE-4EE2-B86C-3BD2EF528A9B
EF-2
• Furnish and install the following GreenheOk direct drive:centrifugal roof exhaust
fan -
0 Fan Model: G-099.-VO
O Base - G Fan
o Motor- High Efficiency Brushless DC 1/4 hp , ODP, 115/60/1, 1725 rpm
Factory Mounted
o Motor and Drive Accessories
o Motor Van-Green EC motor.
o Control Dial for balancing
o Standard Curb'Cap Size- 19 in.Square
o UL/cOL 705 Listed-"Power Ventilators"
o airdscreerr Geivatii4ett, nOtri, 84% Free Area
EF-3
• Furnish and install the following Qtepriheck.belt drive upblast centrifugal roof
exhaust fan:
O Fan Model: CUBE-100HP-4
o Base- CUBE Fan
o Motor- 1/4 hp', ODP, 115/60/1, 1.725 rpen.-Factory Wonted.
o Drive- 1402 RPM -'Factory Mounted
o Standard Curb Cap Size- 19 in.Square'
o UL/cUL 705 Listed -"Power Ventilators"
o Mix:Isereow:Aluminum, nom '86%Free Area
o Bearings with Grease Fittings, L10-life of 100,000.hrs (L50 aVg.,life.
500,000 VS)
• Provide airflowand OSA verification testing and report for RAH1 and RTU-2.
• Provide mechanical engineering Services.necessary for permitting by the city of
Auburn including,drawings, energy-Code forms, permit documents and permit
fees..
PrOvide a structural engineering review and report
• Provide electrical permits;including fees:.
• Provide,crane, operator, storage arid trucking.
• Provide stertand test of all new.units.with'report.
• One-year peas.end labor warranty.
Project Location.
808-9th Street SE:Auburn,WA 98002
CITY OF * Declaration of Option
For Performance Bond or
b Additional Retainage
_ ," WASHINGTON
(Contracts Under$150,000 only)
Project No. CP2113, Auburn Senior Center HVAC Replacement
Contract No. 21-19
Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor
shall designate the option desired by checking the appropriate space.
Hermanson Company, LLP
1221 2nd Avenue North
Kent, WA, 98032
The Contractor elects to:
U 1. Furnish a performance bond in the amount of the total contract sum, in which case the
City shall hold back retainage in the amount of five percent (5%.) An executed
performance bond on the required sum is included with the executed contract
documents.
x 2. Have the City retain, in lieu of performance bond, ten percent (10%) of the total
contract amount for a period of thirty (30) days after final acceptance or until receipt of
all necessary releases from the State Department of Revenue and the Department of
Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
In choosing Option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns shall in all things stand to and abide by, and well and
truly keep and perform the covenants, conditions and agreements in the Contract, and shall
faithfully perform all the provisions of such contract and shall also well and truly perform and
fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly
authorized modifications of the Contract that may hereafter be made, at the time and in the
manner therein specified, and shall pay all laborers, mechanics, subcontractors, and
materialmen, and all persons who shall supply such person or persons, or subcontractors, with
provisions and supplies for the carrying on of such work, on his or her part, and shall
indemnify, defend and hold harmless the City of Auburn and its officials, agents, and
employees from any claim for such payment, then the funds retained in lieu of a performance
bond shall be released at the time provided in said Option 2; otherwise, the funds shall be
retained until the Contractor fulfills the said obligations.
Contractor
Signature adV. ..
MOWN81708
1 ed!%Jaen
Printed Name �"a��^ a IP
Jason mill en a; a t;
Title , 2, . Mw..
080,51-0T00' �
Date r ,,
ENG-114,Revised 11/18
t::IIYOF
ANancy Backus,Mayor.
. :...__ �. a .._..
WASH I NGTON 25 west Main Street * Auburn WA 98001-499B*www.auburnwa:gov* 253-931-3000
January 3, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jake Goetze
Hermanson Company, LLP
1221 2nd Avenue North
Kent, WA 98032
RE: Contract No. 21-19
Project No. CP2113, Auburn Senior Center HVAC Replacement
Final Pay Estimate Letter
Dear Mr. Goetze:
Enclosed is your Final Payment in the amount of$18,203.49. The total contract amount
for this project is $110,110.08.
Please be aware that contract completion and final acceptance will not be granted prior to
receipt of Affidavits of Wages Paid for your firm and all Subcontractors, and that incorrect
information supplied to L & I may delay release of retainage until payment of industrial
insurance by all Subcontractors is verified. If you have any questions, please contact
Cindy West, Contract Administration Specialist, at 253-931-3002.
This notification does not constitute contract completion/final acceptance.
Sincerely,
,baa- Ne 91-,2
Lisa Moore
Facilities Manager
Administration Department
LM/cw/as
Enclosure
cc: Shawn Campbell, City Clerk
ENG-142-ELH,Revised 02/19 AU BtJR !' * MORE THAN YOU IMAGINED
CITY OF AUBURN,STATE OF WASHINGTON 98001 ACCOUNTS PAYABLE CHECK NO. 466286
INVOICE NUMBER DATE '('P.O,NUMBER I - - DESCRIPTION I DISCOUNT I AMOUNT
49631 12/15/2021 21-000737 CP2113,Auburn Sr Center HVAC Rplcmnt 0.00 18,203.49
PLEASE DETACH BEFORE DEPOSITING
pommigiumummul,.00 NO A 'EPT THI HECK UK S THE PINK LOCK&KEY I • S FADE WHEN WARMED AND YO AN SEE HEXAGONS IN A,UAL-TONE - E WATER ARA WH N HELD TO THE Li H
* ., KeyBank National Association 19_10
ACCOUNTS PAYABLE * * i-,;,-,_f",.:v you ton 98001 CLAIMS CHECK V ER C MONTHS 1250
CITY OF ..,,a,,,,,,o' 1-8EY2YpU AFTER CHECK DATE
CITY OF AUBURN l '�� �- � MBER=, �: �� 0`.: � k� ,;
25 WEST MAIN STREET _ 035526 01/03/2022 466286 ******18,203.49
STATE OF WASHINGTON 98001 '�: —. ''" WASHINGTON
PAY Eighteen Thousand Two Hundred Three Dollars and Forty Nine Cents
z
mi
TO THE HERMANSON COMPANY, LLP / `,a
ORDER 1221 2ND AVE N ""y°'
KENT, WA 98032 16-
(.- .�` OF
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• POST4LSERV,CE►c.•::'{j y •'J/ T(r� s-."
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AUBURN CITYOF
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WASHINGTON
25 W MAIN ST,AUBURN WA 98001-4998•
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9489 0090 0027 6064 0132 66
Jake Goetze
Hermanson Company, LLP
1221 2nd Avenue North
Kent, WA 98032
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