HomeMy WebLinkAboutGR1804 Senior Center ImprovementsPUBLIC WORKS CONTRACT NO. 18-22
Project No. GR1804, Senior Center Improvements
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation ("City"), and Great Floors, LLC ("Contractor"), whose mailing address is 9021 South 1801
Street, Kent, WA 98032.
RECITALS:
1. The City is in need of construction contracting services to complete the public work as described
in this Contract.
2. Contractor is qualified to perform the construction contracting services described in the Scope of
Work.
3. The City wishes to engage Contractor for the performances of these construction contracting
services.
4. This contract is being let under King County Directors' Association ("KCDA") contract 18-340
between the KCDA and Great Floors, LLC in accordance with RCW 39.34 (Interlocal
Cooperation Act).
AGREEMENT:
1) CONTRACTOR SERVICES
The Contractor shall do all work and furnish all tools, materials and equipment for the construction
of Project No. GR1804 in accordance with this Contract form. Scope of work is as follows:
See Exhibit A, which is attached hereto and by this reference made a part of this Agreement.
The complete Contract includes the following parts. Any inconsistency in the parts of the
Contract shall be resolved by the order in which they are listed:
A. Scope of Work, Exhibit A
B. City of Auburn Construction Standards
C. City of Auburn Design Standards l
D. Portions of Division 1 of the Standard Specifications as specifically referenced by the
City of Auburn Construction Standards and the Contract.
E. Washington State Department of Labor & Industries Prevailing Wage Rates and Benefit
Key Code effective the date this agreement is executed
F. On the Contract plans, working drawings, and standard plans, figured dimensions shall
take precedence over scaled dimensions.
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2) CITY OF AUBURN BUSINESS LICENSE
The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn
business license.
3) NOTICE TOYROCEED
A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and
City, and all insurance and licensing requirements as set forth in the contract have been met. The
Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date
the contract has been fully executed by the Contractor and City and all insurance and licensing
requirements as set forth in the contract have been met, whichever occurs first.
4) TIME OF COMPLETION
The Contractor shall complete the work within 90 working days from the Notice to Proceed Date.
5) LIQUIDATED DAMAGES (CHECK ONE)
® Liquidated damages shall not apply to this contract.
❑ Liquidated damages shall apply to this contract as follows:
If the work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. To pay (according to the following formula) liquidated damages for each
working day beyond the number of working days established for physical
completion, and
B. To authorize the Engineer to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of
time is granted. No deduction or payment of liquidated damages will, in any degree,
release the Contractor from further obligations and liabilities to. complete the entire
Contract.
Formula: Contract Price (without tax) x 0. 15, divided by the original number of
Working days for completion.
6) HOURS OF WORK
Allowed hours of work are as specified in the City of Auburn Construction Standards, Part 1,
Section 1-08.0(2) (Hours of Work).
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7) COMPENSATION
The Contractor shall do all work and furnish all tools, materials, and equipment for the work and
services contemplated in this Contract for compensation as follows: (Check One)
® Lump Sum Amount
❑ Unit Bid Prices as listed in the Construction Work Quote Form
❑ Not to Exceed Amount, paid per the Force Account method as described in Section' l-
09.6 of the current WSDOT Standard Specifications for Road, Bridge and Municipal
Construction.
The Lump Sum Amount, as specified above is $121,334.15 and Washington State Sales Tax of
$12,133.42 for atotal of $133,467.57.
This project is subject to use tax, which shall be included lump sum, unit bid, or time and material
compensation amount listed herein.
The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce
County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for
the Contractor and each and every Subcontractor, has been approved by the State Department of
Labor & Industries, and is received by the City.
A. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this Contract; and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work by
contract or otherwise, and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified above.
The City further reserves its right to deduct the cost to complete the Contract work, including
any additional costs, from any and all amounts due or to become due the Contractor.
B. Final Payment: Waiver of Claims
The signing of the Final Payment Form by the Contractor shall constitute a waiver of claims,
except those previously and properly made and identified by the Contractor as unsettled at the
time Final Payment Form is signed by the Contractor.
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8) INDEPENDENT CONTRACTOR
The parties intend that an Independent Contractor - Employer Relationship will be created by this
Contract, the City being interested only in the results obtained under this Contract.
9) SUBCONTRACTING
Work done by the Contractor's own organization shall account for at least 30 percent of the
awarded Contract price. Before computing this percentage however, the Contractor may subtract
(from the awarded Contract price) the costs of any subcontracted work on items the Contract
designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each request to
subcontract shall be on the form the City provides. If the City requests, the Contractor shall provide
proof that the subcontractor has the experience, ability, and equipment the work requires. -
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on
Public Works) and to furnish all certificates and statements required by the Contract. No payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and
each and every subcontractor, has been approved by the State Department of Labor & Industries,
and is received by the City.
TERMINATION
The City may terminate this Contract for good cause or public convenience. "Public Convenience"
shall be per Section 1-08.10(2) of the Standard Specifications. "Good cause" shall include, without
limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly -skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy. or becoming adjudged bankrupt.
After all the work contemplated by the Contract has been completed either by the Surety or the
City, the City will calculate the total expenses and damages for the completed work. If the total
expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid
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by the City to the Contractor. If the total expenses and damages exceed the unpaid balance, the
Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to, the
City on demand.
10) PREVAILING WAGES
Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington
Department of Labor & Industries prior to commencing the Contract work. The Contractor shall
pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect
on the date the Contractor submitted the Construction Work Quote Form is attached and by this
reference incorporated herein and made a part hereof. No payment shall be issued until a Statement
of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has
been approved by the State Department of Labor & Industries, and is received by the City.
Retainage, if applicable, shall not be released until an Affidavit of Wages Paid form for the
Contractor and each and every subcontractor, has been approved by the State Department of Labor
& Industries, and is received by the City.
11) CHANGES
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines, for any reason, that a change order is
necessary, the Contractor must submit a written change order request to an authorized agent of the
City within 10 calendar days of the date the facts and events giving rise to the requested change
occurred. If the City determines that the change increases or decreases the Contractor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving either a written change order
from the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may
elect to protest the adjustment as provided below:
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A. Procedure and Protest by the Contractor
If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor shall:
1. Within 2 days of receiving a written change order or oral order that the Contractor
desires to protest, the Contactor shall give a signed written notice of protest to the City;
and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
ZD
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any -of the Contractor's
records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are
followed. If the City detennines that a protest is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
B. Contractor's Duty to Complete Protested Work
In spite of any protest, the Contractor shall proceed promptly with the work as the City
has ordered.
C. Contractor's Acceptance of Changes
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by the Contractor as provided in this section shall constitute
full payment and final settlement of all claims for Contract time and for direct, indirect
and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
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D. Failure to Protest Constitutes Waiver
By not protesting as this section provides, the Contractor also waives any additional
entitlement and accepts from the City any written or oral order (including directions,
instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver
By failing to follow the procedures of this section, the Contractor completely waives any
claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
12) CLAIMS
The Contractor waives right to a claim if they have not followed the protest procedures outlined in
this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a
claim, the Contractor shall give written notice of claim to the City within 15 calendar days of the
City's notice of its final decision on the Contractor's protest. Any claim for damages, additional
payment for any reason, or extension of time, whether under this Contract or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is made
in strict accordance with the applicable provisions of this Contract. At a minimum, a Contractor's
written claim must include the information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be an
absolute waiver of any claims arising in any way from the facts or events surrounding that claim or
caused by that delay.
The Contractor must, in any event, file any claim or bring any suit arising from or connected with
this Contract prior to signing the Final Payment Form.
13) WARRANTY (CHECK ONE)
❑ No warranty applies to the Contract Work.
® Warranty applies to the Contract Work as follows:
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected, the warranty
for that portion of the work shall extend for one year from the date such correction is completed
and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar
days of its receipt of notice from the City of the defect. if the Contractor does not accomplish
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the corrections within a reasonable time, the City may complete the corrections and the
Contractor shall pay all costs incurred by the City in order to accomplish
14) INDEMNIFICATION
Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and
volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the performance of this Contract, except
for injuries and damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its
officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that this indemnification constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. The parties acknowledge that they have mutually negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
15) INSURANCE
Insurance requirements shall be as specified in the City of Auburn Construction Standards, Part 1,
Section 1-07.18 (Insurance) which by reference is incorporated is a part of this contract.
16) CORRESPONDENCE (CHECK ONE)
® Submittals and formal Requests for Information (RFI) shall not be required for this contract.
❑ Submittals and Requests for Information (RFI) shall be as follows:
A. Requests for Information (RFPs). RFI's shall be made electronically and shall be
transmitted via e-mail to PWSubmittals@aubumwa.gov. The e-mail subject line of
electronic RFI's shall include the following: Contract Number and Project Name/Number
as applicable — RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. All
RFI's shall accompany the City of Auburn "CIP Construction Request for Information"
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(RFI) form as a cover letter with enough information provided for the Engineer to respond
accordingly. The time required to evaluate and review RFPs is not the same for all RFI's.
The Contractor shall allow a minimum of 10 calendar days, unless otherwise noted, for the
Engineer to respond.
B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail
to PWSubmittalsgauburnwa.gov. The e-mail subject line of electronic submittals shall
include the following: <<<Project Number>>>, <<<Project Name>>> - "Submittal Title".
Each electronic email shall be limited to 7 MB's in size. All electronic submittals shall be
clear, sharp high contrast electronic files in Word 2007, Excel 2007 or PDF formats. All
submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA)
form. Any submittals made without the RSA form or without all of the required
information on the form filled out by the Contractor shall be rejected without review. No
additional compensation or time extension shall be granted for a Contractor not supplying
this form as a cover letter for their submittals or for an improperly filled out form.
17) MISCELLANEOUS
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor
shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the
presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
B. Compliance with Laws. The Contractor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Contract.
C. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this Contract. All work shall be done at the
Contractor's own risk, and the Contractor shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work. .
D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained in this Contract, or to exercise any option in the Contract,
shall not be construed to be a waiver or relinquishment of those terms and rights and they
shall remain in full force and effect.
E. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
.Contractor under any of the provisions of this Contract, resolution of that dispute shall be
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available only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit.for damages arising from the parties' performance of this Contract, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
G. Written Notice. All communications regarding this Contract shall be sent to the parties at
the addresses listed on the signature page of this Contract, unless otherwise notified. Any
written notice shall become effective upon delivery, but in any event 3 calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Contract.
H. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
1. Modification. No waiver, alteration, or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by a duly authorized representative
of the City and the Contractor.
J. Severability. If any one or more sections, sub -sections, or sentences of this Contract are
held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
K. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached Exhibits , supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this Contract. This Contract, referenced documents, and any
attached Exhibits contain the entire Contract between the parties. Should any language in
any referenced documents or Exhibits to this Contract conflict with any language
contained in this Contract, the terms of this Contract shall prevail.
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IN WITNESS WHEREOF, the parties below have executed this Contract.
GREAT FLOORS, LLC
" OAVV
(Si pature) \J
By , p, S
(Print name here)
�o
(Authorized representa ' e)
DATE: c\ I �\ K
THE CITY OF AUBURN
M ftM&U
(Signature)
By Nancy Backus
Its Mavor
DATE: 9 ` 17 - I fb
Contractor's State License NoC"1R al 1- -4 91 D4
State Tax Registration (UBI) No. (Do;) - a ^�3�0
Federal Tax ID # S a - 0 5a "041 �
Notices to be sent to:
GREAT FLOORS, LLC
Am,: M�
Address CIO
City, State Zip K2��, ik' q msD
Phone:
E-mail:
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Notices to be sent to:
CITY OF AUBURN
Attn: Lisa Moore
25 West Main Street
Auburn, WA 98001
Phone: 253.288.3158
E-mail: lmoore@auburnwa.gov
APPZ AS TO FORM:
Steve Gross, City Attorne
EXHIBIT A
Date: January 17, 2018
GR FA TTLOOR�- Commercial Sole
9021 South 180`" St, Kent, WA — ph (206) 241-0229 fax (206) 241-2699
Project: Kitchen Flooring
To: KCDA
Attn: Kathy Elliott
Site: Auburn Senior Center
Item :Description
`Qty U/MPrice
Extended -Price
:Eco -Grip
;11480 _
sf
$10.55
$15,614.00
'Eco -Grip Accessories
1 16
ea
$205.48$3,287.68:
;Cove I/f, Inside & Outside Corners 301
ea
$20.00
$6,020.0M_
iWeld seams
432
If
$1,728.00
:Demo existingvinyl coved 11,135 =Y
sf
---
$5.10�I
$5,788.50:
Grind and then shot blast
890 3
sf
$6:10
m $5,429.00=
` -Shot blast
:890
sf
l$6.10
$5,429.00
,Concrete Vapor Sealer
1890
sf
$7.50
_
$6,675.001
:Prime with upgrade primer
890
sf
$2.81
$2,500.90:
=Prep 1/8" nominal concrete
890
sf
$3.06
$2,723.401
` 'Remove/Replace Stainless
-700
hr �
8 00
$8 .
$6
CI e a n u p crew H __.._.
24
h r
$88.00
- $2,112.00-
{ Pavment & Performance Bond
1
ea
52.426.67
'Not Including Sales Tax I :subtotal: �� $121,334.151
Notes: All stainless to be store in secured facility in Fife during work. Pricing is negotiated as
some items are at no charge and others at reduced cost.
INCLUSIONS: Pricing per the KCDA Contract #18-340 Mannington Specialty Flooring Contract
ending April 30th, 2019.
EXCLUSIONS: Any off hours work. Moving of misc. kitchen items.
Signat CONTRACTOR MEMBER
Great Floors City of Auburn
Mike Rex, Account Representative Lisa Moore, Facilities Manager
Printed ame: � _ m.rex@greatfloors.com gov
�� c.� ��� Imoare@auburnwa.
Date: cell: 206.730.3763 253-288-3158