HomeMy WebLinkAboutCSS 2023-11-27 Item 1C - Contract - Police Department Evidence Room Temperature Control with Auburn MechanicalCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety Committee
FROM: Eric Dreyer, Chief of Police
BY: Rebecca Hixson, Police Support Operations Senior Manager
CC: Mayor Ekberg
DATE: November 27, 2023
SUBJECT: PD Evidence Temperature Control for Biological Evidence Preservation
ISSUE
The cooling system installed in the Tukwila Justice Center Police Department Evidence Room
does not provide a temperature -controlled environment for the preservation of biological
evidence.
BACKGROUND
International Association of Property and Evidence Standards, Washington Association of
Sheriffs and Police Chiefs Accreditation Standards and National Institute of Standards and
Technology, US Department of Commerce, Biological Evidence Preservation Handbook Best
Practices for Evidence Handlers require biological evidence to be preserved at a temperature
between 60 to 75 degrees, with relative humidity that does not exceed 60%.
The cooling system installed in the Tukwila Justice Center Police Department Evidence Room
cools the area to 10 degrees less than the outside air. When the outside air is higher than 85
degrees, the evidence room temperature is out of compliance. In addition, there are no humidity
controls in place.
RCW 5.70 requires DNA work product (which includes biological evidence) for violent or sex
offenses be stored for 99 years. A complete HVAC system is needed to maintain the Evidence
Room temperature and humidity at the required levels.
DISCUSSION
If possible, the Police Department would like to complete the work by the end of 2023 but may
need to work into January 2024.
FINANCIAL IMPACT
Three quotes were gathered. The lowest bid was from Auburn Mechanical $48,629.00 plus tax.
Approval for a 10 percent contingency is requested as additional equipment may be needed to
connect the existing HVAC system and the new Evidence system. PD budget saving from not
being fully staffed all year will be reallocated for this work.
RECOMMENDATION
The Council is being asked to approve the contract and consider this item at the December 4,
2023 Regular meeting as a consent agenda item.
ATTACHMENTS
Auburn Mechanical Contract — draft
Bids
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Contractor/
Vendor Name:
Address:
Telephone:
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Auburn Mechanical
2623 W. Valley Hwy N
Auburn, WA 98001
253-838-9780
CITY OF TUKWILA
Short Form Contract
Contract Number:
Project No.
Budget Item:
Project Name:
PD010500-564000
Evidence HVAC
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, City Clerk's Office, 6200 Southcenter Boulevard, Tukwila, Washington 98188.
Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this 5 day of December 2023, by and between the City of Tukwila,
hereinafter referred to as "City", and Auburn Mechanical, hereinafter referred to as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply with
all Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request
and obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced on December 1. 2023 and be completed
no later than January 31, 2024.
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $48,629.00 plus tax, except by
written agreement of the parties.
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within
the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the project.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the
work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
• The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor, materials, appliances and services of every
kind necessary for the proper execution of work, and the terms and conditions of payment
therefore.
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• The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
• The Contractor agrees to verify all measurements set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS, APPLIANCES AND EMPLOYEES.
Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship and materials shall
be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution of the work shall be secured and paid for
by the Contractor. Easements for permanent structures or permanent changes in existing facilities
shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with
all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the
drawings and specifications are at variance therewith.
10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due to
any act or neglect.
11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City
and its agents and public authorities at all times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra
cost must be made in writing before executing the work involved.
13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to the
requirements of the contract and that appears during the progress of the work, and shall remedy any
defects due to faulty materials or workmanship which appear within a period of one year from date of
completion of the contract and final acceptance of the work by the City unless the manufacturer of the
equipment or materials has a warranty for a longer period of time, which warranties shall be assigned
by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to
work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work
properly, or fail to perform any provision of the contract, the City, after seven days' written notice to
the contractor, and his surety, if any, may without prejudice to any other remedy the City may have,
make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due
the Contract or, at the City's option, may terminate the contract and take possession of all materials,
tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the
contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor,
but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may
be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others
not adjusted, or failure to make payments properly to the subcontractors.
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
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1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent contractors,
products -completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09
or an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
collapse or underground property damage. The City shall be named as an additional insured
under the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this
Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of
liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
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business -days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu
of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the
contract amount as retainage for a period of 30 days after final acceptance or until receipt of all
necessary releases from the Department of Revenue and the Department of Labor and Industries
and settlement of any liens, whichever is later.
18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete
release of all liens arising out of this contract or receipts in full covering all labor and materials for
which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the
work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall
be entitled to recover its reasonable attorney fees and costs.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements
and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing
wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with
RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
25. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
CA revised May 2020 Page 4
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6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
28. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
DATED this day of , 20 .
** City signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA CONTRACTOR:
By:
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Printed Name:Kevin Hayes
Title: Service Sales Manager
Address: 2623 W. Valley Hwy N, Auburn, WA
98001
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Auburn
/Mechanical
When performance county
July 28, 2023
City of Tukwila
Tukwila, WA
RE: City of Tukwila Justice Center - Evidence Room Cooling
Auburn Mechanical is pleased to provide this proposal to add 24k BTUH's of cooling to the
Evidence room. The existing FCU appears to be inadequate to maintain acceptable temperatures
in the space. This proposed project includes the installation of (1) new condensing unit and (2)
4-way cassettes in the ceiling of the Evidence room to provide supplemental heating and cooling
to the space. Please see the scope below:
Evidence Room HVAC Addition
• Provide and install (1) 24k BTUH Mitsubishi Condensing Unit
• Provide and install (2) 12k BTUH 4-way Ceiling Cassettes
• Roofing as required for refrigeration piping penetration and sleepers
• Refrigeration piping between indoor and outdoor units
• Condensate drains to existing condensate drain system from ERV's in space
• Connect to existing Mitsubishi controls system
• Engineering as required for permit
• Permits and inspections
• Start and test operation
Proposed amount - $29,148.00 + tax
Electrical Wiring
• Provide (1) 20a circuit from panel RLMA1 (208V) for condensing unit on roof (assumes
sufficient space in panel)
• Provide 18/4 wiring in conduit to (2) indoor AHU's
• Provide and install (1) disconnect at the rooftop location of the mechanical unit
Proposed amount -
Total Project amount -
Exclusions
$19,481.00 + tax
$48,629.00 + tax
• Washington State Sales Tax
• Structural Engineering or upgrades
• Sheetrock patch, paint or repair
• Life safety system integration
• Off -hours work; labor is calculated based upon access to schedule work between 6:00 AM
and 4:00 PM, Monday - Friday.
• Additional troubleshooting or repairs
• Anything not listed or mentioned above.
Auburn Mechanical 1 PO Box 249 Auburn, WA 98071 1 PH: 253-838-9780 1 http://www.auburnmechanical.com
31
Thank you for considering Auburn Mechanical, Inc. for your project. Please sign and return this
quote to me as your authorization to proceed. You can email it back to me at
kevinhayes@auburnmechanical.com. This quote will be subject to review and subsequent revisions
after 30 days.
AUBURN MECHANICAL, INC.
Thank you,
Kevin Hayes
Service Account Manager
ACCEPTANCE OF PROPOSAL
By signature below, the proposal, scope of work and pricing outlined above by Auburn
Mechanical, Inc. (the "agreement") is accepted by (name of entity
or individual) ("Buyer"). The person executing this acceptance warrants that he/she has the
authority to bind Buyer to the terms and conditions of the agreement.
Buyer is free to alter the scope of the work included in the agreement. However, Buyer
acknowledges that any work added to the scope outlined above is subject to all provisions of the
proposal and this acceptance, and may result in increases to any pricing included in the agreement.
Auburn Mechanical reserves the right to have the Buyer execute an additional or supplementary
agreement specifically authorizing additional work and acknowledging that such work will be paid
for by Buyer.
Buyer agrees to make payment in full for all amounts due under this proposal no more than
(30) days following completion of the work, together with any taxes due for such work. Buyer
agrees that interest on past due balances in the statutory amount of twelve percent (12%) per
annum shall be added to payments more than fifteen (15) calendar days overdue.
In the event any action is required to enforce the terms of the agreement or to collect
amounts justly due and owing under it, the prevailing party shall be entitled to recover its
attorney's fees, costs and interest. The Buyer specifically agrees that the venue of any action to
enforce this agreement shall be King County, Washington.
AGREED: By
Title:
Date:
32
)Hermanson
October 27, 2023
Hermanson Company LLP
1221 2nd Avenue North
Kent, WA 98032
Tel 206-575-9700
fax 206-575-9800
ATTENTION: Henry Ancira
PROJECT NAME: Tukwila Justice Center Evidence Room
JOB NUMBER: 14-XX- 25175
SITE ADDRESS: 15005 Tukwila International Blvd
Tukwila, WA 98168
206-571-6294
PHONE:
PRICING
The pricing below is firm for a 30-day period from the date of this proposal. Please call if you
have any questions or comments.
Total Price
Split system for Evidence Room
$ 67,938
LEAD TIMES
• Permits: Approximately 6-8 weeks from intake date
• Equipment: 1-2 weeks from order date
SCOPE OF WORK
Current VRF fan coil that serves the evidence room on the 1st floor is deemed to be undersized.
Hermanson will provide design build mechanical services to install new HVAC system to meet
the required load. This proposal is based on the scope of work below but may be modified as
required to meet loads as calculated as well as comply with current mechanical and energy
codes.
• Site inspections, measurements and coordination
• Engineering and drawings required for permits
• Prepare roof for electrical penetrations and sleepers for new outdoor unit
o Roof in sleepers and penetrations
• Provide and install doghouse for linesets and control wiring
o Roof in doghouse
• Provide and set one (1) new 2 ton Mitsubishi outdoor unit on roof
• Provide and install two (2) new 1 ton 4-way ceiling cassettes in evidence room
o Hangers and seismic straps as required
• Provide and install preinsulated linesets from indoor cassettes to outdoor unit on roof
o Charge and test linesets
• Provide and install condensate piping for indoor cassettes to existing condensate drains
• Connect to existing Mitsubishi control system
• Provide and install conduit and wiring from nearest electrical panel to outdoor unit
Mechanical Construction,
Engineering and Service
www.hermanson.com
33
)Hermanson
Hermanson Company LLP
1221 2nd Avenue North
Kent, WA 98032
Tel 206-575-9700
fax 206-575-9800
• Provide, install and wire electrical disconnect near outdoor unit
• Provide, install conduit and wire controls wiring from outdoor unit to indoor unit
• Startup and testing
• Mechanical and Electrical Permit
• Inspections
• Close out package including: as built drawings (if applicable), O&M manuals for new HVAC
equipment, and Hermanson's one-year parts and labor warranty on any work Hermanson
performs
• All labor, equipment, and materials related to above scope of work
Optional Review
According to as -built drawings there may be capacity on CU-A1 that serves the evidence room
VRF ducted unit. This assumes 115% diversity would be allowed for this system. Hermanson
will review design and costs if requested to resize the current unit instead of installing the
separate split system. This may be a less costly option, however we'll need to factor in resizing
ductwork if not sized for the additional airflow.
Mechanical Construction,
Engineering and Service
www.hermanson.com
34
)Hermanson
EXCLUSIONS (unless specifically stated above)
• Ventilation, ERV or DOAS equipment
• Structural upgrades to roof
• Architectural Screening
• Electrical modifications or upgrades to service (utilize space in existing panels)
• X-Ray or Scanning
• Concrete cutting & coring
• TAB
• Drywall Cutting/Patch and Paint
• Insulation
• Fire wrap
• Troubleshooting of existing equipment
• Washington State Sales Tax
CLARIFICATIONS/ASSUMPTIONS
• Additional ventilation or DOAS equipment is not included in scope of design or installation. If
required per code or AHJ this will be an additional cost
• Construction budget assumes installation of 2 ton split system as described above.
Alternates to the design and equipment selections will be reviewed for cost impact.
• Work is figured as regular day shift 6am-2pm
• Scope as described must be accepted by the Authority Having Jurisdiction to validate proposal
• Payments made after 60 days will have a 2% interest added to their monthly billing
• Proposal is valid for 30 days from date
Please reach out to me with any questions and I will be happy to provide more information.
Sincerely,
HERMANSON COMPANY, LLP
Louis Cumbo
Account Executive
Mobile: (206) 741-4486
Icumbo@hermanson.com
JOB NUMBER: 14-XX-25175
Purchaser's Authorized Signature
Date P.O. #
35
)Hermanson
TERMS & CONDITIONS
WARRANTIES/LIMITATIONS: The Contractor warrants to the Owner that materials and equipment furnished under the Contract Documents will be of
good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality
required or permitted by law or otherwise, and that the Work will conform to the requirements of the Contract Documents. This warranty shall be for twelve
(12) months from the date of substantiated completion. However, manufacturer warranties may extend beyond this time frame. The Contractor's warranty
excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear and normal usage. Maintenance shall be in conformity with manufacturer's recommendations and documented by
Owner or Owner's agent demonstrating items performed by a qualified individual. Purchaser's remedies are limited to repair or replacement, at Hermanson
Company's option, of defective material or equipment. Under no circumstances shall Hermanson Company be responsible for any consequential or
incidental damages to purchaser's property. Any action to enforce any rights of purchaser must be instituted within twelve (12) months of the date
Hermanson Company begins installation.
PAYMENT/SECURITY INTEREST/DEFAULT/HERMANSON REMEDIES: A Twenty-five percent (25%) down payment will be collected prior to the
commencement of work. Unless otherwise agreed to in writing, Purchaser shall be progress billed by the last day of each month for all work completed
through the current billing period. All amounts billed are due Net 30 and Purchaser agrees to pay the same. Purchaser hereby grants to Hermanson
Company a security interest in all equipment and accessories thereto supplied by Hermanson Company in performance of this contract, which shall be
satisfied only upon payment in full of all amounts due under this contract. If Purchaser fails to pay the total amount due by the due date, the Purchaser
shall be in default hereunder. Hermanson Company shall then have the right to exercise any and all remedies available to it by virtue of its security interest,
including but not limited to, entry upon the premises and repossession of the equipment and accessories. Hermanson Company may file this document
as a non-standard UCC-1 Financing Statement.
Additionally, Purchaser agrees and acknowledges:
(1) Purchaser shall pay Hermanson Company a LATE CHARGE of two percent (2%) per month on the unpaid balance upon which payment has not been
received by the due date.
(2) Payment received shall be applied, at Hermanson Company's election, first to late charges and then to the oldest principle balance due, whether under
this contract or unpaid amounts under previous contracts or Agreements.
DELAYS/DAMAGES: Hermanson Company shall not be liable for any loss, damage or delays occasioned by tire, strikes, material stolen after delivery upon
premises, lock -outs, acts of God or the public enemy, accidents, boycotts, material shortages, disturbed labor conditions, delayed delivery of materials
from Hermanson Company's suppliers, inclement weather, floods, freight embargos, cause incident to national emergencies, war, acts of the Purchaser
or his agents, or other causes beyond the reasonable control of Hermanson Company. In the event of such delays or damages, the time for performance
by Hermanson Company shall be extended for a reasonable time. If such delay results in additional cost or expenses to Hermanson Company, then
purchaser shall reimburse Hermanson Company for such additional cost and/or expenses in addition to amounts otherwise due under this contract.
CHANGES IN THE WORK: The Purchaser may order changes in the work within the general scope of the contract consisting of additions, deletions, or
other revisions. Hermanson Company shall not be required to make any such changes unless it first receives from the Purchaser a written change order
and agrees to the charge by signing the change order. Any addition, deletion or other revision, which increases the costs or expenses of Hermanson
Company, shall be due to Hermanson Company in addition to any amounts otherwise due under this contract.
PROPERTY INSURANCE: Unless otherwise agreed, the owner shall purchase and maintain property insurance upon all equipment and material delivered
by Hermanson Company to the job site. Purchaser shall assume all risk of loss for such materials and equipment once delivered to the job site.
PERMITS: Unless otherwise designated, the Purchaser shall secure and pay for all permits, governmental fees end licenses necessary for the proper
execution and completion of the work.
TERMINATION OF CONTRACT/SUSPENSION OF PERFORMANCE: This contract shall be terminated only upon mutual agreement of the parties.
Hermanson Company may suspend its performance in the event of any of the following:
(1) Any act of the Purchaser or his/her agents, which prevents or inhibits Hermanson Company from timely performing its obligation under this Agreement.
(2) For the reasons specified above under Delays/Damages.
(3) If the Purchaser files a petition in bankruptcy, whether voluntary or involuntary, makes an assignment for the benefit of creditors or has a receiver
appointed, or does any act inconsistent, or which may impair the Purchaser's ability to perform this contract Hermanson Company may suspend
performance of its obligation under this Agreement until such time as 1) this Agreement is assumed by the Trustee in bankruptcy and/or 2) Hermanson
Company is provided adequate assurance of future performance Hermanson Company is not responsible for any damages, whether direct, proximately
caused, incidental, consequential or otherwise as a result of Hermanson Company suspension of performance hereunder. If performance cannot begin or
continue within a reasonable time after suspension, Hermanson Company at its sole discretion may terminate this Agreement.
SUIT/ARBITRATION/ATTORNEY'S FEES: In the event of any dispute under this contract, either party may elect that this matter be submitted to binding
arbitration in Seattle, Washington, pursuant to the then -effective rules of the American Arbitration Association. In the event this matter is referred for
collection, or if either party retains an attorney for the purpose of arbitration or suit, the prevailing party shall be entitled its actual cost and attorney's fees,
all cost of collection, including licenses, collection agency fees and court costs, in addition to the amounts otherwise due. Venue and jurisdiction shall be
laid in King County, Washington.
ENTIRE AGREEMENT: This represents the entire Agreement between the parties There are no other Agreements or promises that are not contained on
either the front or backside of this Agreement.
NOTICE TO CUSTOMER: This contractor is registered with the State of Washington. registration number HERMACLOO5BJ as general/specialty contractor
and has posted with the state a bond or cash deposit of $12,000 for the purpose of satisfying claims against the contractor for negligent or improper work
or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim that might arise for the
work under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by
the contractor or subcontractor, your property may be liened to force payment. If you wish additional protection you may request the contractor provide
you with further information about lien release documents. General information is also available from the Department of Labor and Industries.
EQUAL OPPORTUNITY: All parties to this agreement shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5 (a). These regulations
prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination
against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, or for inquiring about, discussing, or
disclosing information about compensation. Moreover, these regulations require that all parties take affirmative action to employ and advance in
employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.
Purchaser's Authorized Signature
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Date P.O. #
SEAAIRE
INCORPORATED
SINCE 7980
- Air Conditioning • Heating • Refrigeration
• Controls • Service • installations • Maintenance
Proposal submitted to:
Job location:
PROPOSAL
Henry Ancira
CITY OF TUKWILA
11210 Tukwila International Blvd
Tukwila, WA 98168
henry.ancira@tukwilawa.gov
TUKWILA POLICE DEPARTMENT
15005 Tukwila International Blvd
Tukwila, WA 98168
1402 Maple Ave SW
Renton, WA 98057
(206) 575-8051
(206) 575-0653
dispatch@sea-aire.com
www.sea-aire.com
11/08/2023
We propose to provide labor and materials for the installation of a new Mitsubishi 3-ton 208/230 split system
with two 12k cassettes for the evidence room. ***Roofing excluded due to lack of response from original
contractor.
Quote INCLUDES:
• Mitsubishi 3-ton 208/230 split system
• Crane rental
• Site plans
• Electrician
• Controls
• City permit
• Materials
• Electrical connections to existing disconnects
• Start & test
• Labor hours
• One (1) year warranty on new equipment
Quote EXCLUDES:
• Structural and code considerations
• Street and/or mechanical permits
• Drawings
• Structural calculations
• Electrical and concrete work
• Ceiling grid and drywall repair
• Disconnect replacement and/or structural improvements
• Roofing
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ADDITIONAL ITEMS NOT INCLUDED: This proposal is subject to the following exclusions, unless noted above. Not all
exclusions will apply to every job. Please follow up with the sales manager for clarification.
• Structural and code considerations (Platforms, walkways, lights, access openings)
• Power wiring beyond existing disconnects, including ground wire if needed
• Installation of service outlet if required by inspector
• Roofing cut and patch
• Drywall patch or painting
• Modifications to existing ductwork
• Equipment screening or railing
• Unseen ducting or wiring conditions
• Mechanical drawings
• Structural calculations and engineering
• Existing building blue prints if needed for permit
• Mechanical, electrical or refrigeration permits
• After hours labor
• Prevailing wage labor
• Moving of materials or furniture to gain access to workspace
• Removing or reinstalling Tbar ceilings
We propose hereby to furnish material and labor and complete in accordance with the above specifications
for the sum of: $72,230.35, plus Washington State Sales Tax. Partial payment due upon signing —
remainder billed upon completion with Net/15 terms. **Due to market volatility, pricing cannot be
guaranteed beyond the date of this proposal.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be
executed only upon written orders, and will become an extra charge over and above the estimate.
ACCEPTANCE: Customer shall promptly perform testing of the work/products to confirm that the deliverables
perform in accordance with the documentation or other standards applicable thereto.
Customer shall either promptly provide Contractor with written acceptance of the Deliverable, or deliver to
Contractor a detailed written statement of nonconformities to be corrected prior to Customer's acceptance of
the Deliverables.
Following redelivery of corrected Deliverables, a new acceptance test shall immediately be commenced by
Customer.
WARRANTY/REMEDY: Customer's sole and exclusive remedy and Contractor's only obligation for breach of
the warranty hereunder will be, at Contractor's option, to correct any material errors in provision of Services
or to replace or repair Deliverables which do not conform to the warranty.
Contractor warrants deliverable functionality substantially as defines in the Statement of Work for a period of
365 days following final delivery.
Contractor warrants that with respect to any Deliverable assigned by Contractor to Customer that Contractor
has the right to transfer title to Customer.
LIMIT OF LIABILITY: The total liability of Contractor to Customer from any cause whatsoever, will be limited to
the lesser of Customer's actual damages or the Project price paid to Contractor for those Services and
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Deliverable in a Project that are the subject of Customers claim. In no event will either party be liable for
SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
All claims against Contractor must be brought within one (1) year after the cause of action arises and
Customer waives any statute of limitations which might apply by operation of law or otherwise.
INDEMNIFICATION: Customer shall defend, indemnify and save Contractor harmless, at Customer's own
expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason
of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended
use of the Deliverables furnished to Contractor hereunder.
Customer agrees to indemnify and hold Contractor harmless against all claims, liabilities, demands, damages,
or expenses (including attorneys' fees and expenses) arising out of or in connection with Customer's use of the
Deliverables.
Authorized Signature
Edgar Sanders Retrofit Project Manager Date
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized
to do the work as specified. Payment will be made as outlined above.
Authorized Name & Title (Printed)
Signature Date
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