HomeMy WebLinkAbout5759 • RESOLUTION NO. 5759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE. MAYOR TO
ENTER A CONTRACT WITH GREAT FLOORS FOR FLOOR
PATCHING AND REFINISHING WORK AT THE AUBURN
COMMUNITY CENTER GYM
WHEREAS, the City's public facilities and services include a community
center with a public recreational use gymnasium;
WHEREAS, the gym's wood floor recently suffered extensive water
damage from a leaking water pipe. The gym floor needs patching and
refinishing to repair the damage and to properly restore the gym floor for public
use;
WHEREAS, through its competitive bidding process under RCW 39.04,
the State of Washington entered cooperative contract 01820 with Great Floors
for flooring repair and restoration services;
WHEREAS, the City has selected Great Floors as a qualified and
responsible contractor to perform the City's needing gym floor repair and
restoration work. In accordance with RCW 39.34, the City and Great Floors
intend to enter proposed contract 24-16 for this needed work;
WHEREAS, a copy of proposed contract 24-16 is attached to this
Resolution as Exhibit A. The proposed contract contains pricing terms
favorable to the City that the State has competitively procured from Great
Floors in its cooperative contract;
Resolution No. 5759
March 4, 2024
Page 1 of 2
WHEREAS, entering the proposed flooring restoration contract with
Great Floors is in the City's best interest as it will restore the City's gym facility
to enable its full public use for the benefit of the Auburn community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to enter.a contract with Great Floors
for flooring restoration work at the Auburn Community Center gymnasium. The
contract shall substantially conform to proposed contract 24-16 that is attached
to this Resolution as Exhibit A.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures.
Dated and Signed this March 4, 2024.
CITY OF AUBURN
irC;
ANCY K , MAYOR
ATTEST: APPROVED Aiii,10 Fe R .
Shawn Campbe , MMC, City Clerk Harry Boesch- g City Attorney
Resolution No. 5759
March 4, 2024
Page 2 of 2
DocuSign Envelope ID:ClB8027C-CAFE-4E43-9D61-5DF262B3D012
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 24-16
Auburn Community Center Gym Floor Patch and Refinish
THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal
Corporation("City"),and Great Floors("Contractor"),whose mailing address is 9021 South 180t 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 was not formally bid because(check one)
❑ LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$50,000.00
and this contract was awarded using the Limited Public Works process as
described in RCW 39.04.155.
❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK):
Engineer's Estimate<$75,700.00
❑ SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK):
Engineer's Estimate<$150,000.00
❑ EMERGENCY PUBLIC WORKS CONTRACT:Per RCW 39.04.280,this work
is exempt from competitive bidding requirements because the work is
considered an emergency,meaning unforeseen circumstances beyond the
control of the City either: (a)Present a real,immediate threat to the proper
performance of essential functions;or(b)will likely result in material loss or
damage to property,bodily injury,or loss of life if immediate action is not
taken.
® COOPERATIVE PURCHASING AGREEMENT: This contract is being let
under cooperative contract No. 01820 between the Washington State
department of Enterprise Services and Great Floors in accordance with
RCW 39.34(Interlocal Cooperation Act).
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 1 of 14
DocuSign Envelope ID:ClB8027C-CAFE-4E43-9D61-5DF262B3D012
4) TIME OF COMPLETION
The Contractor shall complete the work within 35 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 said 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 will be determined by the Facilities Manager.
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 1-
09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal
Construction
The Lump Sum Amount as specified above is$139,818.00,and Washington State Sales Tax of
$14,261.44 for a total contract price of$154,079.44.
This project is subject to use tax,which shall be included in the lump sum,unit bid,or time and
material compensation amount listed herein.
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 3 of 14
DocuSign Envelope ID:ClB8027C-CAF6-4E43-9D61-5DF262B3D012
or until receipt of all necessary releases from the State Department of Revenue and
State Employment Security Department,including Affidavits of Wages paid for the
Contractor and each and every subcontractor,and until settlement of any liens filed
under Chapter 60.28 RCW,whichever is later.
C. 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.
D. Final Payment: Waiver of Claims
The submittal of the Final Invoice 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 Invoice is submitted by the Contractor.
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.
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 5 of 14
DocuSign Envelope ID:ClB8027C-CAFE-4E43-9D61-5DF262B3D012
This section does not create a contractual relationship between the City and any subcontractor.
Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to
the Contract between the City and the Contractor.
10) TERMINATION
The City may terminate this Contract for good cause. "Good cause" shall 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
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.
11) PREVAILING WAGES
Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington
Department of Labor&Industries prior to commencing the Contract work. The 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.
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 7 of 14
DocuSign Envelope ID:Cl B8027C-CAF6-4E43-9D61-5DF262B3D012
3. The City will evaluate all protests,provided the procedures in this section are
followed. If the City determines 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.
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 procedure's 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).
13) 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.
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 9 of 14
DocuSign Envelope ID:ClB8027C-CAF6-4E43-9D61-5DF262B3D012
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.
16) 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.
17) 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 (RFI's). RFI's shall be made electronically and shall be
transmitted via e-mail to PWSubmittals@auburnwa.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 10
MB's in size. All RFI's shall accompany the City of Auburn"CIP Construction Request
for Information" (RFI) form as a cover letter with enough information provided for the
Engineer to respond accordingly. The time required to evaluate and review RFI's 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 PWSubmittals(a,auburnwa.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 10 MB's in size. All electronic
submittals shall be clear,sharp high contrast electronic files in Word 2016,Excel 2016 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.
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 11 of 14
DocuSign Envelope ID:ClB8027C-CAFE-4E43-9D61-5DF262B3D012
I. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
J. Modification. No waiver,alteration,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.
K. 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.
L. 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.
ENG-059,Revised 8/23
NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-16
March 1,2024
Page 13 of 14
DocuSign Envelope ID:ClB8027C-CAFE-4E43-9D61-5DF262B3D012
EXHIBIT A
Great Flo® 9021 South 180th Street•Kent,WA 98032
Phone:425-251-0200•Fax:425-251-6599
COMMERCIAL SALES
Please accept this document as an informal bid on the project mentioned below.All terms,provisions and exclusions must be
BID
included when considering this proposal.Any items that are not listed on this document are not included in this bid proposal.
PROPOSAL
Info:
PROJECT Auburn Community Center Gym Patch and Refinish PROJECT BID DATE: NA
LOCATION Auburn,WA PLANS DATED: NA
ARCHITECi PROJECT ESTIMATOR: Matthew Davis
NUMBER OF ADDENDUMS RECOGNIZED 0 PROPOSAL EXPIRES IN: 30 Days
SCOPE OF WORK i TOTAL
Replace 813sf of Maple and Subfloor previously removed $ 71,176
25/32"x 2-1/4"1st Grade Maple over 2 layers plywood and 3/8°foam $ -
I Reinstall 3"x 4"Vent Cove Base at the perimeter $(Removal and disposal of our construction debris $ -
I
!Refinish Of Gym $ 68,642
!Complete resuf acing of entire gym $ -
i Painted game lines to match current Lout and color -
(2 coats Bona DTS Seal Waterbased seal — $ -
!2 coats Bona Sport Super Sport Elite Waterbased finish
!Pricing assumes 3-phase power connection by City of Auburn -
IThe patch repair is estimated to take 3 weeks $;The refinishing is estimated to take 2 weeks_ $ -
Assumes both scope of work are performed at the same time
Per DES Contract#01820 $ -
„_. Stibfota— $ 139,818
.,,_ I inSLandi9L$_ea1 e_BLEA_adna
Tax Rotel 0.102 $ 14.261
EXCLUSIONS STANDARD:(Unless otherwise noted the following items are excluded) TOTAL $ 1 54,080
Bonds,Taxes,Furniture Moving,Demolition,Removal.Floor&Wall Prep,Cleaning,Waxing,Sealing,Material Protection,Concrete.Patchina or Repairing
Moisture Testina,Moisture Mitigation,Underlayments(Wood or Cement).Hoisting,Overtime,Nights or Weekend Work Hours,Union Labor.
Substrate primer,pad at stairs and stair landings
EXCLUSIONS JOB SPECIFIC:
floor protection,there will be no warranty against panalization with the use of waterbased seal and finish
Respectfully Submitted By:
Matthew Davis 425-394-8545 or m.davis@greatfloors.com
Sales Representative-Great Floors Commercial Sales
WASHINGTON CONTRACTORS LICENSE#GREATF*955D4•ID PUBLIC WORKS#19416-AA-4(09600,09680,09300)
IDAHO CONTRACTORS LICENSE#RCE-4037.OREGON GENERAL CONTRACTORS LICENSE#170709