Part 1 Special Provisions

ATTACHMENT # 1 VENDOR CONTRACT # 0000000805 04/01/2002 through 03/31/2003 HEATING, VENTILATION, AIR CONDITIONING PARTS

SECTION I: SCOPE

1.0 PURPOSE:

The City of Seattle hereby issues Vendor Contract # 0000000805 to provide the City of Seattle with HEATING, VENTILATION, AIR CONDITIONING PARTS. The term of the contract shall be one (1) year with the option to extend by mutual agreement for three (3) two (2) year terms. The primary users of any contract(s) issued as a result of this contract will be Building Maintenance Managers and Facilities Managers. The services required under this contract will be for PARTS only. Maintenance, Repair and Installation of new HVAC systems or renovation extending beyond ordinary maintenance will not be covered.

SECTION II: GENERAL INSTRUCTIONS

2.1.0 This contract may be expanded to cover any similar product normally stocked by the supplier, provided that the supplier agrees to provide the material using the same pricing structure as the items specifically listed.

2.1.1 It is anticipated that most orders placed under any resultant contract shall be placed by telephone. The contractor shall be required to maintain adequate local stock to ensure timely delivery upon request.

2.1.2 Prices are to remain firm through the initial one (1) year term of the contract.

2.1.3 Orders shall be placed directly by using City department. Invoices shall be mailed in duplicate directly to the ordering department.

2.1.4 INSURANCE. The contractor shall be required to maintain insurance as indicated, and in accordance with “Requirements for Insurance”.

2.2.0 RULES, REGULATIONS, LAWS, ORDINANCES & LICENSES

The contractor shall observe and obey all laws, ordinances, rules and regulations, of the federal, state, and local government, which may be applicable to the supply of this product or service. Also, the contractor shall possess, at the time of award, all necessary permits or licenses required for the sale of specified product and/or service.

0f 9 ATTACHMENT # 1 VENDOR CONTRACT # 0000000805 04/01/2002 through 03/31/2003

2.3.0 RECYCLED PRODUCTS

It is the City of Seattle’s stated policy objective to ensure all departments are aware of the availability of recycled products.

2.4.0 WARRANTY/GUARANTY (Unless otherwise specified)

All materials and/or services furnished under this quote shall be warranted by the vendor to be free from defects and fit for the intended use.

2.5.0 NO GUARANTY OF USAGE

The City does not guarantee the utilization of any contract issued as the result of this Request for Proposal. Any contract issued will be subject to cancellation by either party upon thirty (30) days advanced written notice. Actual utilization will be based on availability, proximity of contractors facilities, frequency of deliveries, or any other factor deemed important to the City.

2.6.0 SUMMARY REPORTS

Upon request, contractor shall be responsible for furnishing a summary report to any requesting City Department. This report shall encompass City of Seattle usage only, showing at a minimum, the following information:

Full description of the services performed Quantity of Parts Ordered (number of pieces) Weight (if applicable) Cost of Services (To be separately invoiced by Labor and Materials) Date Ordered and Date delivered/picked up/serviced Price per piece (Parts)

SECTION III: DETAILED SPECIFICATIONS

3.0 SCOPE

General: This contract is issued for the delivery of HVAC PARTS only and does not include any form of Maintenance, Service or Repairs. Vendor Contract # 0000000805 resulted in the same proposal process as BMCT # 073101 where HVAC Maintenance and Repair companies were awarded contracts. Where, in Attachment # 1, there is an implication that this contract is issued for services, maintenance or repair, it is agreed by the City of Seattle and MI Controls, that such terminology be disregarded. The sole purpose of including the language in this contract is for the purpose of continuity among contracts.

The Contractor may be a Contractor capable of Services and Parts to HVAC Systems; Contractors capable of servicing/repair without the furnishing of Parts from their own inventory; or the contractor may be a Parts only Distributor of HVAC materials.

The contractor may be required to do emergency repairs at times other than normal working hours. The contractor shall be in a position to be available on a twenty-four (24) hour basis for such emergency work. Emergency service calls require a minimum two (2) hour response time.

The Contractor shall employ a competent and thoroughly experienced workforce capable of handling all phases of HVAC Maintenance and Repair identified in their proposals.

Before beginning work at any site, the Contractor shall attend a conference scheduled by the Owner. At the conference, all parties concerned will discuss the project under consideration and prepare a program of procedure in keeping with requirements of the Contract Documents.

The Contractor shall furnish a tentative and preliminary schedule three (3) working days prior to the conference to be used for the purpose of general discussion. Not later than ten (10) working days after receipt of "Notice to Proceed", a schedule, approved by the Owner, showing the expected times of completion of the various states of Work on this project shall be presented to the Owner.

3.1.0 QUANTITIES:

There is no obligation on the part of the City to purchase more or less than the quantity listed. The City reserves the right to purchase more or less than the quantity listed, depending upon actual requirements during the life of the agreement.

3.2.0 PRICES AND INVOICES

3.2.1 Prices:

Labor listed includes all labor cost, insurance, overhead, profit, travel time, mileage, and be exclusive of taxes. Prices shall include all labor, supervision, materials, equipment, transportation and services. Materials identified in this contract may be determined as a discount off of MFr’s Suggested Retail Price, Published Price List or Catalogue Price. Discounts shall be offered as per the Discount Price List.

3.2.2 Invoices:

Invoices or pay requests shall contain details of services performed and number of man hours for each discipline of labor, and copies of invoices for any materials and rental equipment furnished. Unit prices for each item shall be listed. All invoices submitted for payment to the City of Seattle shall reflect a separation of labor, materials and transportation. No lump sum invoice will be accepted for payment under the terms of any contract or work order issued as the result of this contract. The City's purchase order number must appear on the invoice.

3.3.0 VENDOR PERFORMANCE EVALUATION:

From time to time, the contractor is subject to have their performance evaluated by the City of Seattle using departments. Performance shall be evaluated on, but not limited to, the quality, timeliness, project size and customer satisfaction.

3.4.0 Permits

The contractor will be responsible for obtaining any and all required permits. Unless informed otherwise by an authorized representative of the City of Seattle. Authorized representative is defined as; that individual authorized per project to direct work and approve invoices for payment for that particular project.

3.4.0 Administration of the Contract

3.4.1 Contract Awards: The City of Seattle Purchasing Services Division will issue annual vendor contracts based upon the recommendations of the evaluation team. The term of each

0f 9 ATTACHMENT # 1 VENDOR CONTRACT # 0000000805 04/01/2002 through 03/31/2003 contract will be for an initial one (1) year period with option to extend by mutual agreement for up to six (6) years.

3.4.2 Work Order/Statement of Work: Orders against the vendor contract may be plced telephonically or by work order based upon the vendor response to a statement of work.

3.4.3 Selection of Contractors awarded contracts

3.4.3.1 By single quotation: City of Seattle Department representatives may place an order against the vendor contracts up to and including $34,000 without receiving more than one quote. 3.4.3.2 By more than one quotation: Estimated projects of $34,000 or more require that the City Department Representatives seek at least three quotes from the pool of vendors awarded vendor contracts. 3.4.3.3 Issuance of Department Purchase Order: City of Seattle Department Representatives may issue a Department Purchase order in accordance with current purchasing rules and City Policy. Any project costing more than $34,000 will be placed against the vendor contract by the issuance of a Department Purchase Order.

3.4.4 Prevailing Wage: This contract, with the exception of parts only, is subject to Prevailing Wage rates in accordance with the State of Washington Labor & Industries. Failure on the part of the contractor to comply with the State of Washington Prevailing Wage Rates shall be cause for immediate suspension and/or cancellation of this contract.

3.4.5. Inspection and Testing Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor.

Inspection or testing performed to prove acceptability of proposed substitute materials and/or equipment shall be the sole responsibility of the Contractor and shall be made by an independent testing agency approved by the Owner in advance.

If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all tests deemed necessary by the Owner to determine the safety or suitability of the material or element. Inspection and tests required to establish compliance with the Contact Documents will be made by a pre-qualified independent testing agency approved by the Owner.

DISCOUNT PRICING FORM

ITEM DESCRIPTION Discount Trade Price -Less 1 Material $0-$100 % 5% 2 Material $101-$500 % 5% 3 Material $501-$1000 % 5% 4 Material $1001-$5000 % 5% 5 Material $5001 and up % 5% 6 Rental Equipment (Cost plus %) % 15% 7 Mechanics (Straight time) /per hour Not Applicable 8 Mechanics (Nights and Weekends) /per hour Not Applicable 9 Mechanics (Holidays) /per hour Not Applicable 10 Foreman/Supervisor (Straight time) /per hour Not Applicable 11 Foreman/Supervisor (Nights and Weekends) /per hour Not Applicable 12 Foreman/Supervisor (Holidays) /per hour Not Applicable 13 General Laborer (Straight time) /per hour Not Applicable 14 General Laborer (Nights and Weekends) per hour Not Applicable 15 General Laborer (Holidays) /per hour Not Applicable 16 Certified Welder (Straight time) /per hour Not Applicable 17 Certified Welder(Nights and Weekends) /per hour Not Applicable 18 Certified Welder (Holidays) /per hour Not Applicable 19 Welding Technician (Straight time) /per hour Not Applicable 20 Welding Technician(Nights and Weekends) /per hour Not Applicable 21 Welding Technician (Holidays) /per hour Not Applicable 22 Helper (Straight time) /per hour Not Applicable 23 Helper(Nights and Weekends) /per hour Not Applicable 24 Helper (Holidays) /per hour Not Applicable 25 Travel rate(Straight Time)per hour rate Not Applicable 26 Travel rate(Straight Time)per hour rate Not Applicable 27 Travel rate(Straight Time)per hour rate Not Applicable 28 Mileage rate (see Note 2 below) Not Applicable

NOTE: ABOVE PRICE TAX EXEMPT - The Contractor will not be exempt from the Washington State Tax on materials and services. The Owner is exempt from all Federal excise taxes on materials, appliances, etc., which are incorporated into and become a part of the finished improvement.

MANUFACTURER PARTS REPRESENTATION

Manufacturer Parts Is Your Company A Service Is your Company a Your Co Represents Yes or No Sole Distributer Yes or No Sole Service Agent ABB Water Meter YES NO NO NO ACR Systems YES YES NO NO Adams YES NO NO NO Amtrol YES NO NO NO Accustat YES NO NO NO Auto Tran YES YES NO NO Asco/General YES YES NO NO Barber-Coleman YES NO NO NO Baldoe Electric YES NO NO NO R. W. Beckett YES NO NO NO Bell & Gossett YES NO NO NO Balimo Air Control YES NO NO NO Bacharach YES NO NO NO Calif. Economizer YES YES NO NO Cleveland Controls YES NO NO NO Control Products YES NO NO NO Danfoss YES NO NO NO Delavan YES NO NO NO Dongan YES NO NO NO Drainview Products YES NO NO NO Dwyer Instruments YES NO NO NO Erie Manufacturing YES NO NO NO Emerson electric YES NO NO NO Safe-T-Quake YES NO NO NO Fireye YES YES NO NO Functional Device YES NO NO NO Fenwal YES NO NO NO General Controls YES YES NO NO Gar-Bar YES NO NO NO Grasslin YES NO NO NO Grandfos YES NO NO NO Hoffman YES NO NO NO Hoffman Controls YES NO NO NO Honeywell YES NO NO NO Honeywell Braukman YES YES NO NO Independent Energy YES NO NO NO Johnson Controls YES NO NO NO Kreuler Mfg YES NO NO NO

Manufacturer Parts Is Your Company A Service Is your Company a Page 7 0f 9 ATTACHMENT # 1 VENDOR CONTRACT # 0000000805 04/01/2002 through 03/31/2003

Your Co Represents Yes or No Sole Distributer Yes or No Sole Service Agent Little Giant YES NO NO NO Mamac Systems YES NO NO NO Marsh/Bellofram YES NO NO NO Macurco YES NO NO NO McDonnel & Miller YES NO NO NO Mars` YES NO NO NO Maritime YES NO NO NO Maxitrol YES YES NO NO Nicholson YES YES NO NO Omex Control YES YES NO NO Landis & Staefa YES NO NO NO Siemans YES NO NO NO Paragron YES NO NO NO Portlow Corp YES NO NO NO MCC Powers YES NO NO NO Quincy YES NO NO NO Ruskin YES NO NO NO Robertshaw YES NO NO NO Ruud YES YES NO NO Ray-O-Vac YES NO NO NO Equimeter YES NO NO NO Invensys Energy YES NO NO NO Setra Systems YES NO NO NO Suntec YES NO NO NO Select United Parts YES YES NO NO System Sensor YES NO NO NO TCS/Basys YES YES NO NO Tenco YES NO NO NO Testpo YES NO NO NO Tjernlund YES NO NO NO Trol-a-Temp YES NO NO NO TSI YES NO NO NO Unico YES NO NO NO Universal Catipiller YES NO NO NO Vaisala YES YES NO NO Veris YES ` NO NO Westaflex YES NO NO NO White Rogers YES NO NO NO Watts YES NO NO NO Westwood YES NO NO NO

REFERENCE MATERIALS

Applicable Standards and Publications: The following current standards and publications of the issues currently in effect form a part of this specification to the extent indicated by any reference thereto: (A) City of Seattle “Facility Standards for Design, Construction, & Operations” version 1.2000 dated 6/19/2000 (B) Underwriters’ Laboratories (UL): UL Standard 181

(C) American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE): Standard 62-89, "Ventilation for Acceptable Indoor Air Quality"

(D) Environmental Protection Agency (EPA): "Building Air Quality" December, 1991

(E) Sheet Metal and Air Conditioning Contractors' National Association (SMACNA): "HVAC Duct Construction Standards - Metal and Flexible," 1985