2026-046 HVAC Maintenance and Repair Services and Repair Services.pdf

PROCUREMENT

Invitation for Bid #2026-046

Procurement Professional Point of Contact:

Bert Cueva, CPPB Senior Procurement Specialist

(425) 257-8903 bids@everettwa.gov

INVITATION TO BID

HEATING, VENTILATION AND AIR CONDITIONING (HVAC)

MAINTENANCE & REPAIR SERVICES

The following represents the approximate intended schedule. The City is not bound to this schedule.

Event Date Issue Date October 9, 2026

Pre-Bid Virtual Meeting with PowerPoint Presentation

This pre-quote conference will discuss and answer questions regarding this solicitation and project scope. It is highly recommended that Contractors attend to facilitate questions regarding this project, however, attendance is not mandatory. The recorded meeting will be posted at https://www.everettwa.gov/2713/Bid-opportunities after the Pre-Quote meeting.

October 28, 2026, 10:00 a.m.

The meeting live via TEAMS. Click here to attend.

For technical assistance before or during the meeting, call 425-257- 8903.

Deadline for Questions November 6, 2026

Bid Due Date November 17, 2026, 2:00 p.m. Pacific Standard

Anticipated Award https://www.everettwa.gov/2713/Bid-opportunities

December 2026

Anticipated Contract Start Date December 2026

Contract Term 1 year with 4 one-year extensions

Submit Sealed Bids to:

City Clerk’s Office – Attention: Procurement

2930 Wetmore Ave, Suite 1A Everett, WA 98201

Clearly label the outside of the sealed envelope containing the original bid and one complete copy with the Bid Name, Bid Number and contact information listed above. Only bids that arrive at the City Clerk’s office by the deadline will be considered unless the Procurement Manager waives immateriality The Clerk’s office is open Monday – Thursday from 8:00 a.m. – 12:00 p.m. and 1:00 p.m. – 5:00 p.m.

mailto:bids@everettwa.gov https://www.everettwa.gov/2713/Bid-opportunities mailto:bids@everettwa.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjE1MWQzYTgtZDViNy00MjU3LWIyNjQtYzU3N2Y1YmM1NGFh%40thread.v2/0?context=%7b%22Tid%22%3a%227ac422a9-fc2d-41b8-9bff-064aaf2eb0c4%22%2c%22Oid%22%3a%22e966b959-d345-4293-a1f1-3d0e784b3ef5%22%7d https://www.everettwa.gov/2713/Bid-opportunities

Information & Addenda: All Information including Addenda regarding this solicitation can be found at:

https://www.everettwa.gov/2713/Bid-opportunities

Suppliers are responsible for checking the City of Everett website for the issuance of any addenda prior to submitting a bid. Submittal of a bid is verification that all such addenda have been considered.

Questions: All questions must be requested electronically at or e-mailed https://www.everettwa.gov/2713/Bid-opportunities or to bids@everettwa.gov

Unauthorized contact regarding this Invitation for Bid with any other City of Everett employee or contractor may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Everett. Suppliers should rely only on written statements issued by the individual named listed above.

https://www.everettwa.gov/2713/Bid-opportunities https://www.everettwa.gov/2713/Bid-opportunities mailto:bids@everettwa.gov

SECTION 1 - INSTRUCTIONS

1.1 BID SUBMITTAL

The City must receive bids by 2:00 p.m. Pacific Time, except as modified by Addendum and if a bid is deemed otherwise compliant by the City Procurement Manager. Submit your bid on the forms provided in this document, completed and signed by an authorized representative of the supplier or to be found as materially compliant by the City Procurement Manager.

1.2 BID OPENING

At the appointed time, all bids will be opened and read aloud publicly via live streaming or bidders may attend the bid opening in person at 2930 Wetmore Ave, 5th Floor, Everett WA 98201. The link to view live streaming bid opening can be found at: https://everettwa.gov/319/Procurement.

1.3 OFFER PERIOD

All bids submitted shall remain valid until a contract is executed by the City as a result of this solicitation or until the City cancels this RFQ process.

1.4 REQUEST FOR DUE DATE EXTENSION

Suppliers may request an extension of the Bid Due Date. The supplier shall supply any justification and additional information that will facilitate an evaluation and decision by the City of Everett. Any approved extension will be issued in an addendum.

1.5 WITHDRAWAL OF BIDS

Suppliers may withdraw a bid which has been submitted prior to the due date and time. A written request signed by an authorized representative of the supplier must be submitted to the Procurement Professional named on this Invitation to Bid cover sheet.

1.6 PROCEDURE WHEN ONLY ONE BID IS RECEIVED

If the City receives a single responsive, responsible bid, the City may accept the single bid or may first conduct a price or cost analysis on such quote. The bidder must promptly provide all cost or pricing data, documentation and explanation requested by the City to assist in such analysis. Even if conducting such analysis, the City will not be obligated to accept the single quote.

1.7 MULTIPLE BIDS

Bidders interested in submitting more than one bid may do so, so long as each bid stands alone and independently complies with the instructions, conditions and specifications of this Invitation to Bid.

1.8 BID EXCEPTIONS

The City reserves the right to reject any or all bids or waive any irregularities and informalities in the bids submitted and accepted by the City. No supplier may withdraw its bid after the hour set for the opening unless the award is delayed for a period exceeding ninety (90) days. The City further reserves the right to make awards to the lowest and most responsive Bidder as deemed in the best interests of the City.

No exceptions to the City’s terms, conditions, and specifications will be accepted. Any attempt to modify the City’s terms, conditions, and specifications may result in a non-responsive bid or the City may simply disregard such edits.

https://everettwa.gov/319/Procurement

1.9 EVALUATION AND AWARD

After receiving bids, the City will verify responsiveness and responsibility. This will include an initial review and may include subsequent determinations as bids are further evaluated up to the time of an intent to award. The City will check extensions of prices per unit if applicable, and the total price for all bids that are responsive and responsible. If a discrepancy exists between the price per unit and the extended amount of any quoted item, the price per unit will control. The total of extensions, corrected where necessary, will be used by the City of Everett to determine low responsive and responsible bidder.

The City will award the Bid to the responsive and responsible Supplier(s) with the lowest offer or reject any or all Bids. The City will consider elements of responsiveness and responsibility that are appropriate in the sole opinion of the City.

1.10 RESPONSIVENESS AND RESPONSIBILITY CRITERIA

Responsive Bidder- A business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the Invitation for Bids (IFB)/Request for Proposals (RFP) and all of its requirements, including all form and substance.

Responsible Bidder - A business entity or individual who has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract. The City considers various factors in determining responsibility, including if the City of Everett has previously terminated a contract with the supplier for supplier's default or other non-performance. The Bidder shall also meet the following

Responsibility Criteria:

At the time of bid submittal and throughout the force of the contract have:

1. certificate of registration in compliance with chapter 18.27 RCW;

2. current state of Washington unified business identifier number (UBI);

3. industrial insurance coverage for bidder’s employees working in Washington State as required in Title 51 RCW;

4. an employment security department number as required in Title 50 RCW;

5. a state excise tax registration number as required in Title 82 RCW

1.11 BIDDING ERRORS

The City reserves the right to make corrections or amendments due to immaterial errors such as typing, transposition, errors. In extension of unit prices, or any other obvious error. Suppliers are otherwise responsible for any errors or omissions contained in their bids.

After receiving bids, the City will verify responsiveness and responsibility. After at least the initial review for responsiveness and responsibility, the City will check price extensions if applicable, and total price. If a discrepancy exists, the price per unit will control. The total of extensions, corrected where necessary, will be used by the City of Everett to determine low bidders.

When, after the opening of the bids a supplier claims an error, and requests to be relieved of award, they will be required to promptly present certified work sheets. The Procurement Professional will review the work sheets and if the Procurement Professional is convinced, by clear and convincing evidence, that an honest, mathematically excusable error or critical omission of costs has been made, the supplier may be relieved of their bid.

1.12 CANCELLATION

The City, at its sole discretion, may choose to reject any or all bids, in whole or in part.

1.13 EXCLUDED PARTIES

All Suppliers must certify that they are not on the Comptroller General’s list of ineligible contractors nor the list of parties excluded from Federal procurement or non-procurement programs.

https://www.sam.gov.

By submitting a response, signing a contract form, and/or performing work as a result of a purchase order, the Contractor certifies, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. Contractor shall immediately notify the City of any suspension or debarment or other action that excludes the Contractor and any subcontractor level from participation in

Federal contracting. Prior to performance of any work by the Contractor or any subcontractor under this contract, Contractor shall verify all subcontractors that are intended and/or used by the Contractor for performance of City work are in good standing and are not debarred, suspended or otherwise ineligible by the Federal Government. Contractor shall include this same provision in any subcontractor or lower contract agreements. Debarment shall be verified at https://www.sam.gov. The Contractor shall keep documentation of such verification within the Contractor records.

1.14 BID PROTEST PROCEDURES

Chapter 3.46 of the Everett Municipal Code (EMC) governs all protests. Protest Procedures are available for review in the Everett Municipal Code 3.46 which can be found at: https://everett.municipal.codes/

The City reserves the right to require strict compliance with all requirements of Chapter 3.46 EMC.

1.15 NON-ENDORSEMENT

As a result of the selection of a Supplier to provide the commodities described in Section 2 to the City of Everett, the City of Everett is neither endorsing nor suggesting that the supplier's product is the best or only solution. The supplier agrees to make no reference to the City of Everett in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Everett.

1.16 NO CONFIDENTIALITY

By submitting a bid, the bidding supplier understands and agrees that the bid and all the materials submitted in connection with the bid will not be treated as confidential or proprietary by the City. The City will disclose the bid and all such materials to anyone at any time and without notice to the bidding supplier.

1.17 RESPONSE PROPERTY OF THE CITY OF EVERETT

All materials submitted in response to this request become the property of the City of Everett. Selection or rejection of a response does not affect this right.

1.18 NO OBLIGATION TO BUY

The City reserves the right to refrain from contracting with any supplier. The release of this Invitation for Bid does not compel the City of Everett to purchase. The City of Everett reserves the right to reject any and all Bids.

https://www.sam.gov/ https://www.sam.gov/ https://everett.municipal.codes/

1.19 COST OF PREPARING BIDS

The City is not responsible for any costs incurred by suppliers in the preparation and presentation of proposals and demonstrations submitted in response to this solicitation.

1.20 CONTRACT TERMINATION

In determining any contract award, the City of Everett reserves the right to consider past performance by supplier in City of Everett contracts. If the City of Everett has previously terminated a contract with a supplier for supplier's default or other non-performance, the City of Everett reserves the right to reject bids or quotes received from that supplier.

1.21 RECYCLE

The City of Everett is committed to the environment and encourages suppliers to recycle material to the extent practicable.

1.22 BUSINESS LICENSE

The successful Supplier will be required to possess or be able to obtain a City of Everett Business License and pay City of Everett Business & Occupation Tax (B & O), when applicable. B & O Tax questions may be directed to the Everett Business Tax Division at (425) 257-8610.

1.23 COOPERATIVE PURCHASING

Suppliers: Public agencies which have an Intergovernmental Cooperative Purchasing Agreement with the City of Everett may purchase from City of Everett contracts, provided that the supplier has agreed to such participation. The City does not accept any responsibility for purchase orders issued by other public agencies.

SECTION 2: SCOPE OF WORK

2.1 INTENT

This contract provides scheduled maintenance along with maintenance visits and associated repairs that may be required on short notice, ensuring the City’s HVAC systems and equipment remain in reliable working condition. The intent is to maintain thermal comfort, efficiency, and indoor air quality across all

City facilities. Services include preventative maintenance, inspection and minor repair services for heating, ventilation, and air conditioning (HVAC) systems, refrigeration compressors and associated hardware and software throughout all City buildings The specifications shall be interpreted on this basis.

This contract is not for public work projects, such as installing a new system or for engineered upgrades to a system.

This scope of work and resultant contract includes:

• Scheduled Inspection and Maintenance (Section 2.4)

• On-Call Services and related repairs (Section 2.5)

• List if Locations (Section 2.6)

• Prevailing Wages and Special Conditions (Section 2.7)

• General Terms and Conditions (Section 2.8)

2.2 MINIMUM QUALIFICATIONS

Bidders shall be certified Distech Controls Authorized System Integrators and must possess current, verifiable authorization to access, configure, program, and integrate Distech Controls systems. Only firms holding official Distech Controls integrator status for the Niagara Framework and Direct Digital Control

(DDC) systems are eligible to perform any work under this solicitation.

Bidders shall provide a formal letter from Distech Controls confirming their status as an Authorized

System Integrator. This certification letter must be submitted with the bid. Failure to submit with the bid may result in rejection of the bid by the City Procurement Manager as non-responsive or the City may alternatively waive the failure to submit in the bid package to be immaterial if provided timely after bid opening.

2.3 SECURITY SCREENING

Workers of the contractor will be required to pass a background check and be issued a City identification badge before they can start work. The City Project Manager shall request appropriate worker names and information sufficient to submit the workers for a background check process conducted by or under the supervision of the City of Everett. The cost of background checks shall be borne by the City and not invoiced to the City by the Contractor.

Background checks may include fingerprinting and Criminal Justice Information Services (CJIS) training. Failure to submit to or pass this background check may result in the worker being ineligible to work on a specific location. If necessary to provide a full crew, the Contractor shall submit additional names for background checks until a full crew, in the opinion of the Contractor, has been accepted.

Contractor employees that have passed the background check will be issued a City identification badge prior to their work on a City location. Everyone that is issued an access card and badge is accountable and responsible for maintaining the items in their possession. The access card and badge cannot be given or shared with another employee or individual to use. Loss of the access card or badge must be reported immediately. Failure to adhere to this may result in contract default.

Should an emergency prevent a particular worker who is essential to the emergency response from completing the background check, the Project Manger must be notified in advance of the worker being approved and permitted to respond on-site.

2.4 SCHEDULED INSPECTION AND MAINTENANCE

The Contractor will perform inspections and maintenance tasks for individual equipment systems in accordance with ASHRAE Standard 180, including the most current version as updated. It is the

Contractor’s responsibility to remain informed of all revisions to ASHRAE 180 and ensure full compliance with the latest published requirements.

The Contractor should identify any maintenance tasks or frequencies that may require adjustment, including additional visits or modified procedures, to ensure all work aligns with system warranties, applicable legal requirements and industry-recognized best practices.

2.4.1 MAINTENANCE SCHEDULING

The Contractor will schedule site visits for maintenance at mutually agreeable times so they will not interrupt City of Everett operations, its employees or customers. The City reserves the right to change or alter the established work schedule at any time due to operational requirements but will make any such changes with as much advance notice to the Contractor as is practical.

Upon award of a contract, the City will identify the appropriate City staff as the contact person for scheduling maintenance services.

The City and the awarded contractor will mutually establish a “site servicing” schedule within thirty (30) days after the City issues a Notice to Proceed. The agreed upon schedule will be based on the site maintenance specifications and service frequency. The service schedule and service tasks will be structured ensure that the sites receive the appropriate level of maintenance on a consistent basis.

2.4.2 REPORTING & SUBMITTALS

Contractor shall develop a checklist system to ensure tasks are completed and documented. Checklist report for each building shall be delivered to the City upon completion of each periodic inspection and maintenance visit.

The Contractor must submit a report that details the work that was performed and provide to the City at the completion of each service visit.

At a minimum, service reports must include a service and preventative maintenance check lists for each type of equipment as indicated in Provision 2.2 above (Inspection and Maintenance), a summary outlining system performance with data verifying average system response time and appropriate breakdowns of call distribution, and time it took to complete the service. After award, the city and contractor will determine the information required in service reports.

All service and repair reports must be submitted on the same day work is completed. The City prefers these reports be sent by email to the designated City contact.

2.4.3 WASHINGTON STATE COMPLIANCE REQUIREMENTS

In addition to other tasks within this scope of work, the Contractor will provide the tasks and reports necessary to comply with all state and federal requirements. This includes at least the following, with the

Contractor providing any other tasks necessary to comply whether named or otherwise by the City:

The Washington State Department of Commerce Clean Buildings Performance Standard (CBPS). The CBPS establishes required processes and procedures for reducing energy consumption in existing buildings larger than 20,000 square feet in gross floor area through improved energy efficiency and preventative maintenance.

The awarded contractor must perform inspection and maintenance tasks in accordance with WAC 194-

50-130, pertinent to equipment and systems covered in this contract. The Contractor is to provide the

City but to also independently retain all inspection, maintenance and service records to evidence compliance and shall also provide copies to the City upon request.

The Washington State Department of Ecology Refrigerant Management Program (RMP).

The RMP requires facilities with refrigeration and air conditioning systems containing more than 50 pounds of refrigerant with a Global Warming Potential (GWP) of 150 or more to conduct and report periodic leak inspections, promptly repair leaks; and keep service records on site. The rule also requires service practices intended to minimize refrigerant emissions.

The awarded contractor must submit reports to the city in compliance with the RMP requirements set forth in WAC 173-443-185. Record keeping shall comply with WAC

173-443-195 and be available to the city upon request.

The awarded contractor is responsible for ensuring compliance with the most recent versions of each the WAC listed within Section 2.7 throughout the duration of the contract.

2.5 SERVICE CALLS AND RELATED REPAIRS

The Contractor will provide non-scheduled maintenance and repair services for HVAC equipment and systems that are not operating properly.

The Contractor shall respond to City service calls and perform required or requested repairs. This includes, but is not limited to, when the Contractor finds or the City identifies, a problem or a malfunction of an existing unit that needs to be examined or diagnosed. The Contractor may either address and repair the issue on-site or provide an expert recommendation for repair.

Work under this scope includes inspection, diagnosis, service and repair necessary to restore the equipment or system to proper functioning order. The City Project Manager must review and approve all installed parts. Such services may include but are not limited to:

• Inspecting and diagnosing unexpected system failures, erratic performance, or shutdowns.

• Replace failed fan motors, blower assemblies, or other mechanical components required to restore air movement and system performance.

• Replace malfunctioning thermostats, control boards, sensors, and related components impacting temperature regulation or system responsiveness.

• Identify refrigerant leaks, perform corrective line work, and recharge refrigerant to restore cooling or heating performance.

• Clear blocked, frozen, or contaminated coils that restrict airflow or impair system efficiency.

• Replace failed capacitors, contactors, relays, electrical wiring, or other electrical components necessary for proper system operation.

• Restoring functionality of dampers, actuators, and zone control components to ensure appropriate airflow distribution.

• Clearing clogged condensate lines, repairing condensate pumps, and resolving drainage related issues that cause safety lockout or system shutdowns.

• Replacing belts, pulleys, bearings, or other mechanical assemblies that unexpectedly fail and impair system operation.

• Replace failed HVAC control systems including associated programming.

• Replace failed compressors, chiller or other components related to cooling of the system.

• Replacement of failed RTU's, VAV's, Heat Exchanger, Pumps, Heat pumps etc.

Parts requiring repair shall be replaced with parts in new OEM condition. Parts and equipment that are removed from the system shall be placed in the City custody or shall be permanently removed from the job site upon the request of and with written approval by the City Project Manager or their designee, at no additional cost to the City For such calls or repairs that are not urgent or emergent:

ESTIMATES:

Upon request from the City, the Contractor shall provide a written estimate for City approval prior to commencing any repair work including description of work, estimated labor hours, parts and materials, and schedule (proposed start date). If some additional needs are found during the course of the repair, the Contractor will also notify the City for approval to address the additional work.

The City will issue a separate purchase order that will service as a Notice to Proceed.

URGENT REPAIRS

Urgent repairs may be such events as a system failure or a serious safety hazard that affects a portion of the building with the potential of shutting down or a system failure that significantly affects the working environment of the building.

When the City Project Manager deems such a failure and finds proposed repair urgent to maintain operational capability, the Contractor must respond to the need with all urgency and as soon as practicable and complete the repair. The City may provide authorization to proceed immediately with verbal direction alone. This verbal direction may be from the designated Project Manager or another official of the City during an urgent situation. The City will provide a purchase order as soon as practicable.

When urgent HVAC service is required at any time for the City of Everett, the contractor must be able to respond to a call out within four (4) hours. If the awarded contractor is unable to respond to the urgent call for HVAC service, the city reserves the right to contract the work with another qualified contractor.

In a situation where the system poses an emergency threat, the reserves the right to address emergency work with another qualified contractor as needed if the Contractor is not available within the emergency timeframe required and another contractor is otherwise available

If the City requires and approves the Contractor to respond outside the normal working hours, the City will pay the Contractor’s hourly overtime rate per Form 3.02 Price Sheet.

2.6 LOCATION OF WORK

The City may add or delete facilities to the below list. Any addition or deletion will be accomplished through a written amendment to the contract.

All facilities are located in Everett, WA except the Water Filtration Plant (WFP) is in Monroe, WA.

The following are City owned properties where service will be performed:

FACILITY NAME ADDRESS

1. Animal Shelter 2732 36th Street

2. Everett Municipal Building 2930 Wetmore Ave

3. Everett Station 3201 Smith Ave

4. Fire Administration Building 2801 Oakes Ave

5. Fire Training 2811 Oakes Ave

6. Fire Station #1 3619 Rucker Ave

7. Fire Station #2 2201 16th St

8. Fire Station #4 5920 Glenwood Ave

9. Fire Station #5 6817 Beverly Blvd

10. Fire Station #6 9520 Evergreen Way

11. Fire Station #7 11221 Silverlake Road

12. Forest Park – Administration: Bldg. 100 802 E Mukilteo Blvd

13. Forest Park – Floral Hall: Bldg. 205 802 E Mukilteo Blvd

14. Forest Park – Golf Superintendent: Bldg. 101 802 E Mukilteo Blvd

15. Forest Park – Modular Bldg. 165 802 E Mukilteo Blvd

16. Forest Park – Swim Center Bldg. 200 802 E Mukilteo Blvd

17. Kasch Park – Maintenance Office Bldg. 500 8811 Airport Road

18. Kasch Park – Recreation Office Bldg. 102 8811 Airport Road

19. Legion Memorial Golf Course Bldg. 202 144. W Marine View Dr

20. Legion Memorial Park - Modular Bldg. 105 145 Alverson Blvd

21. Legion Memorial Park– Maintenance Bldg. 100 145 Alverson Blvd

22. Library, Main 2702 Hoyt Ave

23. Library, Evergreen Branch 9512 Evergreen Way

24. Municipal Court 3028 Wetmore Ave

25. Performing Arts Theater 2710 Wetmore Ave

26. Second Stage 2730 Wetmore Ave

27. Police Headquarters 3002 Wetmore Ave

28. Police South Precinct 1121 SE Everett Mall Way

29. Senior Center 3025 Lombard Ave

30. Service Center #1 3200 Cedar St

31. Service Center #2 3200 Cedar St

32. Service Center #2A 3200 Cedar St

33. Service Center #2B 3200 Cedar St

34. Service Center #4 3200 Cedar St

35. Service Center #5 3200 Cedar St

36. Service Center Annex #1 3101 Cedar St

37. Service Center #2 MVD 3200 Cedar St

38. College Station Transfer Center 2200 Tower St

39. Mall Station Transfer Center 1330 SE Everett Mall Way

40. Transit Maintenance 3225 Cedar St

41. Transit Operations 3225 Cedar St

42. Walter E Hall Golf Course 1226 W Casino Rd

43. WPCF Admin Building 4027 4th St SE

44. WPCF Maintenance Building 4027 4th St SE

45. WPCF Operations Building 4027 4th St SE

46. Water Filtration Plant 6133 Lake Chaplain Rd, Monroe

47. Culmback Building 3015 Colby Avenue

48. Police Property Room 2722 Colby Avenue

2.7 SPECIAL PROVISIONS

2.7.1 PREVAILING WAGE REQUIREMENTS

The wage rates to be paid to all laborers, workers, and mechanics who perform any part of this Contract shall not be less than the prevailing wage rates as required by Chapter 39.12 of the Revised Code of

Washington, as amended. This requirement applies to laborers, workers, and mechanics whether they are employed by the Contractor, Subcontractors, Sub-subcontractors, or any other person who performs a portion of the Work contemplated by this Contract.

The State of Washington prevailing wage rates applicable for this public works project, which is located in

Snohomish County, may be found at the following website address for the Department of Labor &

Industries: https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/. The applicable effective date for prevailing wages for this project is based on the date the repair was made. In referencing such rates, City of Everett does not imply or warrant that the Contractor will find labor available at those rates. It is the Contractor's sole responsibility to determine the wage rates actually paid.

Prevailing wage rates must be updated annually on each contract renewal or “anniversary date” of the final execution of this Contract. Contractor’s Regular Hourly Rate and Premium Hourly Rate shall be adjusted annually to account for the change in applicable prevailing wage rates. In order to calculate the change in the labor rates, the Contractor shall provide to the City with a breakdown of the Regular Hourly

Rate and Premium Hourly Rate, showing the base rate, fringe benefits, overhead, and profit.

2.7.2 PREVAILING WAGE INTENTS AND AFFIDAVITS

For each contract year, the contractor shall file one “Statement of Intent to Pay Prevailing Wages” and

“Affidavit of Wages Paid” that has been approved by the Washington State Department of Labor and

Industries (L&I) to cover all services performed.

Contractors are responsible for filing all forms and pay associated filing fees to the Washington State. The forms shall be electronically filed via the L&I portal (see https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-portal)

The City will not release final payment until all Contractors have submitted and L&I approved an Affidavit of Wages Paid for the applicable contract year.

At each contract renewal, the contractor will file a new Intent to Pay Prevailing Wage and the Contractor and any subcontractors must verify the current prevailing wage rates. If wage rates increase, the contractor may follow the Pricing Adjustments procedure in Section 2.2.7.3

2.7.3 PRICING ADJUSTMENTS

Contractors must hold all pricing firm for the first six (6) months of the contract term. After this initial six‑month period, contractors may request price increases.

Any request for a price increase must be submitted in writing to the City procurement professional and must include documentation that clearly supports and justifies the requested increase. Contractors should also specify whether the change is temporary or permanent.

https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

The City seeks advance notice before any invoice reflecting increased pricing is submitted. Notice must be provided in time for the City to review and formally approve the requested change prior to processing any affected invoice(s)

The City will not unreasonably withhold approval or cause unnecessary delays. Price increases are not considered approved until the City provides written consent or issues a corresponding contract amendment.

Any price reductions at the manufacturer or distributor level must be passed through to the City and reflected in reduced contract pricing, retroactive to the effective date of the reduction.

2.7.4 PAYMENTS

Within thirty (30) days after acceptance of the services completed and a properly prepared invoice but not more often than once per month the City of Everett will pay the Contractor according to the invoice and given that the invoice reflects the rate(s) stated on the price sheet.

No down payment or advance payment of any kind will be made. Washington State law requires proof that the materials have been furnished, the services rendered or the labor performed as described before payment may be made. All invoices must list the PO number and are to be submitted to the following address:

City of Everett – Accounts Payable PO Box 12130 Everett, WA 98206 accountspayable@everettwa.gov

2.7.5 Invoices

Prior to the first billing cycle, the successful Contractor shall furnish the City Project Manager a template of their billing format to ensure the City and Contractor understand the billing format. At a minimum, the invoices must include:

1. Site/Building Location

2. Date of Service

3. Labor time (number of hours x hourly rate)

4. Materials/parts itemization

5. Flat rate for travel/vehicle charge

6. Total invoice showing any applicable tax

7. A title referencing: Contract #2026-046

2.7.6 CONTRACTOR RESPONSIBILITIES

In addition to all other tasks and scopes of work, the Contractor shall:

1. Follow appropriate as well as regulatory safety procedures at all times.

2. Advise City of Everett’s Facilities Manager of any HVAC damage beyond that reported to the Contractor by City.

mailto:accountspayable@everettwa.gov

3. Dispose of all removed parts such as lubrication, metals, and associated packaging compliant to all regulatory requirements and with notification if necessary for depleted equipment removal, and leaving the site as clean or cleaner than found on arrival.

4. Provide all tools, safety equipment including cones, barricades, tape, lockout tag-out locks and tags, staff, power cords, and any other items required to complete the work

2.7.7 CITY OF EVERETT RESPONSIBILITIES

City of Everett will:

1. Notify contractor of specific requests for HVAC repairs.

2. Provide access to all locations.

3. Notify appropriate City operations of planned work to avoid any difficulty to the extent possible, of the Contractor accessing the necessary work locations.

2.7.8 NOTIFICATION OF USE OF SUBCONTRACTORS

The Contractor must request City approval before subcontracting any portion of the work. Should the

Contractor be approved for any subcontract, the Contractor shall include all Responsibility Criteria

(Provision 1.10 of the Solicitation, incorporated by this reference) in each of its first-tier subcontracts and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The Contractor shall verify all conditions of the Responsibility Criteria prior to subcontracting. The requirements of this section apply to all subcontractors regardless of tier.

2.7.9 PROTECTION OF PROPERTY, SAFETY PROCEDURES, AND CONTRACTOR CONDUCT

The Contractor is responsible to protect all existing and newly installed work, materials, equipment, improvements, utilities, and structures at all times during the course of this contract. Any property or equipment damaged during the course of this contract shall be repaired or replaced to the satisfaction of the Facilities Manager, or the authorized representative.

The work described in Section 2 shall be done with the least inconvenience to the City. The amount of time that normal operations are interrupted must be kept to an absolute minimum and shall be coordinated with the Facilities Manager or site designee.

All personnel assigned by the contractor to perform work as defined by this solicitation, at any City

Facility, must be authorized employees of the contractor, who are in compliance with all state labor laws, properly trained and experienced in the services being performed and equipped with all necessary safety personal protective equipment (PPE).

The contractor will be directly responsible for the supervision and conduct of all personnel assigned to this contract. The contractor will be held responsible for any damages caused by the contractor’s service personnel.

All Contractor’s service personnel must always conduct themselves in a professional manner. Guests or unauthorized persons not part of the contractor’s service staff must never accompany contractor service personnel. While conducting maintenance activities for City of Everett, Contractor’s service staff will not utilize fixed or portable audio devices, such as radios with exterior speakers.

The contractor will be responsible for all actions by their service personnel. In the event of a complaint, it will be the contractor’s responsibility to take whatever steps necessary to satisfy the complaint including and not limited to any damage which may have resulted from the contractor’s service personnel and to protect the interest of City of Everett. Contractor working in or around the buildings specified in this contract shall wear distinctive uniforms identifying the name of their employer.

2.7.10 SAFETY

Contractor must follow all OSHA and WISHA regulations at all times.

Contractor equipment, and tools, including all safety equipment, shall be in proper working condition, well maintained and appropriate for the type of work being performed.

Contractor shall, prior to beginning any work, thoroughly examine and be familiar with the work area and ensure the work can be completed in an orderly, safe manner. The Contractor shall maintain a clean and safe work environment at all times. The Contractor will report any unsafe condition to City of Everett

Facilities Manager or site representative immediately.

2.7.11 QUALITY AND WORKMANSHIP

The City takes pride, ownership and responsibility in the appearance and upkeep of all its owned and managed properties. The contractor is expected to maintain each property in accordance with ASHRAE

100-2024, ASHRAE 180-2018, and all applicable current standards.

The contractor will promptly notify the City contact, of any deficiencies, damage, or conditions, based on the professional judgement of the contractor require attention.

2.7.12 INSPECTIONS AND MONTITORING BY THE CITY OF EVERETT

City will conduct periodic and random site inspections. Upon determination of any unsatisfactory work, the Contractor will be notified and will have twenty-four (24) hours to correct any noted deficiencies.

Should the Contractor fail to rectify the deficiency to the satisfaction of the City, City will implement the corrective action plan that is outlined in this document.

2.7.13 PERFORMANCE CORRECTIVE ACTION PLAN

If City determines that the Contractor’s HVAC maintenance service is not meeting expectations, City will communicate its concerns to the contractor with the expectation that the contractor will address and correct any performance discrepancies within twenty-four (24) hours.

A service discrepancy or non-performance may include but is not limited to a missed or no-show scheduled service, late service visit, not reporting damage within the Contractor’s control, not performing or completing scope of services tasks as expected and failure to provide timely, adequate and/or accurate service reports.

Three documented non-performance issues may result in City taking one or all of the following measures:

1. Written documentation of the discrepancy and corrective action needed within twenty-four (24) hours of notification by email.

2. City may dispatch a third-party contractor or utilize its own maintenance crews to perform or otherwise resolve any unacceptable scope of service or task. The awarded contractor would be responsible for any costs incurred to resolve the documented issues performed by a third-party contractor or City.

3. City may terminate the contract for default with a 30-day notice.

2.7.14 PERMITS AND FEES

The contractor shall be responsible for providing and paying all fees associated with any and all permits that are required.

2.7.15 WARRANTY OF SERVICES AND REPAIRS

Contractor will obtain an “acceptance of work signature” from the appropriate City of Everett representative, as identified in Section 2.3 Maintenance Scheduling, upon the completion of the requested work. All work performed under this contract shall be guaranteed for no less than (1) year from the date of “acceptance of work signature” by the City of Everett.

If within one (1) year after the completion date of the work, defective and unauthorized work is discovered, the Contractor shall promptly, upon written request by City of Everett, return to the site and in accordance with the City of Everett’s instructions, either correct such work, or if such work has been rejected by City of Everett, corrective action shall be taken by the contractor to replace it with non-defective and authorized work, all without cost to the City of Everett.

2.7.16 CATALOG & PRICE LIST DISCOUNTS

All parts and materials required to perform the work shall be supplied by the Contractor and invoiced to the City. The City will allow a percentage markup on parts and materials purchased by the Contractor;

however, this markup does not apply to taxes or shipping and handling costs. The Contractor must retain all manufacturer or supplier invoices and provide them to the City Project Manager upon request.

The Contractor’s current, publicly available product catalog or price list shall be used to establish the base cost of all parts and materials. The Contractor may not create or use a catalog or price list developed specifically for this contract. Markup percentage must be provided in Form 3.03 Price Sheet – Category 3: Parts and Materials shall remain firm for the duration of the contract, although base product prices may change as the Contractor’s published catalog pricing is updated.

2.8 STANDARD TERMS AND CONDITIONS

ACCEPTANCE OF TERMS AND CONDITIONS. Supplier shall provide the goods and/or services described in this PO in accordance with these terms and conditions unless otherwise noted on the face of the PO.

Acceptance of this PO by either Supplier’s written acknowledgment or commencement of performance shall create a binding contract and shall be conclusive evidence of Supplier’s full acceptance of this PO and these terms and conditions. If this PO arises from an Invitation to Quote, Request for Proposals, or any other solicitation, then all provisions of such solicitation (including without limitation all specifications) are incorporated into these Terms and Conditions. If this PO arises from a cooperative contract, then all applicable provisions of the cooperative contract are incorporated into these Terms and Conditions. However, if there is a conflict between the provisions of these Terms and Conditions and the solicitation or cooperative contract, then the provision that is most stringent on Supplier and/or that grants the City greater rights shall control. If contract provisions are required by applicable federal, state, or local laws or regulations, then these Terms and Conditions are deemed to include such provisions.

This PO expressly limits acceptance to the terms and conditions stated herein. All additional or different terms proposed by Supplier are objected to and hereby rejected unless otherwise provided in writing by the City’s Procurement Manager or designee.

AMENDMENT/CHANGES: No change to this PO (including without limitation change to any term, condition, delivery, price, quality, quantity, or specification) will be effective without the written consent of the City’s Procurement Manager or designee.

TERMS AND CONDITIONS RELATED TO GOODS:

a. Handling: No charges will be allowed for handling, which includes, but is not limited to, packing, wrapping, bags, containers, or reels unless otherwise stated herein. Material Safety Data Sheets must be included with shipments of any material requiring such documentation.

b. Delivery Date: For any change to the delivery date specified on this PO, Supplier shall give prior notification and obtain written approval thereto from the City’s Procurement Manager or designee. With respect to delivery under this PO, time is of the essence, and this PO is subject to termination by the City for failure to deliver when specified. The acceptance by the City of late delivery with or without objection shall not waive the City’s right to claim damages for such breach or constitute a waiver of timely performance of any Supplier obligation.

c. Shipping Instructions: Unless otherwise specified on this PO, all goods must be shipped prepaid, FOB Destination. Where shipping addresses indicate room numbers and/or inside delivery, the Supplier must make delivery to that location at no additional charge. Where specific authorization is granted to ship goods to FOB shipping point, Supplier must prepay all shipping charges and route as instructed or, if instructions are not provided, route by cheapest common carrier and provide the charge for such delivery as a separate item on Supplier’s invoice. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. The City reserves the right to refuse COD shipments.

d. Risk of Loss: Regardless of FOB point, Supplier agrees to bear all risks of loss, injury, spoilation, or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury, or destruction shall not release Supplier from any obligation hereunder.

e. Free and Clear: Supplier warrants that all goods delivered herein are free and clear of all liens, claims, or encumbrances of any kind.

f. Identification: All invoices, packing lists, packages, shipping notices, and other written documents relating to this PO shall contain the PO number. Packing lists shall be enclosed in each and every box or package shipped pursuant to this PO, indicating the contents therein.

g. Rejection: All goods purchased herein are subject to approval by the City. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this PO, whether held by the City or returned to Supplier, will be at Supplier’s risk and expense.

h. Warranties: Supplier warrants that goods are new, current, and fully warranted by the manufacturer. Delivered goods will comply with the PO and be free from defects in labor, material, and manufacture. All UCC implied and express warranties are incorporated in this PO.

Supplier shall transfer all warranties to the City. Supplier warrants that goods supplied under this PO conform to the description and applicable specifications, shall be of good merchantable quality, and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the goods must then be fit for that particular purpose. This is in addition to any express warranties, standard warranty, and/or service guarantees given by Supplier. Supplier warrants that goods furnished on this PO do not infringe any patent, registered trademark, or copyright.

i. Price: If price is not stated on this PO, it is agreed that the goods shall be billed at the price last quoted or paid, or prevailing market price, whichever is lower.

TERMS AND CONDITIONS RELATED TO SERVICES:

j. General: Supplier shall perform the services described in this PO in a competent and professional manner. Without a written directive of an authorized representative of the City, Supplier shall not perform any services that are in addition to, or beyond the scope of, such services. If Supplier’s proposal is attached to the PO, and if such proposal contains or incorporates any conditions or terms in addition to or different from the terms of this PO, then Supplier expressly agrees that such conditions or terms are neither incorporated nor included into this PO unless otherwise determined by the City’s Procurement Manager or designee. Reports, drawings, plans, specifications, and any other intangible property created in furtherance of the services are property of the City for all purposes, whether the project for which they are made is executed or not, and may be used by the City for any purpose.

k. Insurance: Supplier shall procure and maintain insurance as required under insurance requirements at: https://www.everettwa.gov/319/Procurement.

PAYMENT TERMS/TAXES/CASH DISCOUNT: Unless otherwise stated on this PO, the terms of payment shall be net 30 days from receipt of a proper invoice. PO numbers must be noted on all invoices.

Invoices will not be processed for payment until invoiced goods or services are received. Payments by the City are not assignable without the prior written consent of the City’s Procurement Manager or designee. Unless otherwise provided in this PO, the City agrees to pay all State of Washington sales or use tax. No charge by Supplier shall be made for federal excise taxes, and the City agrees to furnish Supplier, upon acceptance of goods or services supplied under this order, with an exemption certificate.

In the event that the City is entitled to a cash discount, the period of computation will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized.