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HomeMy WebLinkAbout2024-0021 - 24-30 - - Justice Center Roof Restoration - Flat Roof Pros Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 24-30 Justice Center Roof Restoration THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation("City"),and Flat Roof Pros("Contractor"),whose mailing address is 3420 C Street NE, Suite 403,Auburn,WA 98002. 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) ® SMALL PUBLIC WORKS CONTRACT: Engineer's Estimate<$75,700.00 for single trade work and<150,000.00 for multiple trade work. This contract was procured through an"...other procurement process as deemed appropriate by the City Engineer"per ACC 3.12.020(E). The contract procurement process included issuance of a Request for Quotes to 3 or more contractors. n SMALL PUBLIC WORKS CONTRACT : Engineer's Estimate<$350,000.00. This contract was procured using the Small Public Works process as described in RCW 39.04.152. ❑ 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. n COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No. X)between(agency) and(contractor)in accordance with RCW 39.34 (Interlocal Cooperation Act). ❑ Other ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 1 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Contract 24-30 in accordance with this Contract form. Scope of work is as follows: See Exhibit A—Scope of Work The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed(unless noted otherwise,all references to documents under separate cover below are to the latest edition published at the time this contract is executed): A. Non-Formally Bid Public Works Contract(this form) B. City of Auburn Engineering Construction Standards—General Special Provisions C. City of Auburn Engineering Construction Standards—Technical Special Provisions D. City of Auburn Engineering Construction Standards—Standard Details E. City of Auburn Design Standards F. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form G. On the Contract plans,working drawings, and standard plans, figured dimensions shall take precedence over scaled dimensions. H. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn business license. 3) NOTICE TO PROCEED 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. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 2 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 4) TIME OF COMPLETION The Contractor shall complete the work within 60 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 are as specified in the City of Auburn Engineering Construction Standards— General Special Provisions, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 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) 171 Lump Sum Amount n Unit Bid Prices as listed in the Construction Work Quote Form n 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 $145,775.84 and Washington State Sales Tax of $15,014.91 for a total contract price of$160,790.75. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 3of14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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. The City's sales tax area is 1702 for work within King 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. Performance Bond ® The City has waived Performance Bond requirements. ❑ The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is$150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage(check one) ® The City has waived retainage requirements. ❑ This contract is $150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond,in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor, OR have the City retain,in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, 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. ❑ This contract is over, $150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 4 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 5of14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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 Depaitinent of Labor&Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling, or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor, or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand, gravel, crushed stone, crushed slag,batched concrete aggregates,ready mix concrete, off-site fabricated structural steel, other off- site fabricated items, and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 6 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. 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 ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 7 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F Contractor and each and every subcontractor,has been approved by the State Depth tiiient of Labor &Industries, and is received by the City. 12)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: 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: 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. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 8 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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 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 Chances 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 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). 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 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 9of14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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. 14)WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. ® Warranty applies to the Contract Work as follows: Per the Warranty terms in Exhibit A 15) 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. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 10 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Engineering Construction Standards—General Special Provisions, 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@auburnwa.2ov. 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. 18) 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. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 11 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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. Qualifications of Bidder. Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. 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. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. 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 available only through the jurisdiction,venue and rules of the King County Superior Court, King County,Washington. G. 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 15 of this Contract. H. 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. 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. ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 12 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F 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 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 13 of 14 Docusign Envelope ID: 1E9FE099-D54B-4F7E-88F7-D0F6823D3D1F IN WITNESS WHEREOF,the parties below have executed this Contract. CONTRACTOR THE CITY OF AUBURN DocuSigned by: SE—gnDoe by: I ` 1SuA.C' . -I . (Sgnaeuavt . ( i—Fa9u2rA)17E0 47C . By Yuriy Senchenko By Nancy Backus (Print name here) Its owner Its Mayor (Authorized representative) DATE: 9/17/2024 DATE: 9/17/2024 APPROVED AS TO FORM: ,)Signed by: asp" uJA-ab ovuaoo vvrtzvna Jason alen, City Attorney Notices to be sent to: Notices to be sent to: FLAT ROOF PROS CITY OF AUBURN Attn: Yuriy Senchenko Attn: Lisa Moore 3420 C Street NE, Suite 403 25 West Main Street Auburn,WA 980002 Auburn,WA 98001 Phone: 855-771-0111 Phone: 253-288-3158 E-mail: yuriy@flatroofpros.com E-mail: lmoore@auburnwa.gov ENG-059,Revised 8/24,Legal Review 8/24 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.24-30 September 16,2024 Page 14 of 14 Docusign Envelope ID: 1 E9FE099-D54B-4F7E-88F7-D0F6823D3D1 F I in ' 1 ttR 3420 C St Ne Ste 403 • Auburn, WA 98002-1741 • Phone: (855)771-0111 Lisa Moore 25 W Main Street EXHIBIT A Job Address: Auburn, WA 98001 340 E Main Street Auburn, WA 98002 Print Date: 9-4-2024 Roof RESTORATION Project for 340 E Main St, Auburn, WA 98002 (UPDATED 9/4/2024) Proposed by Yuriy Senchenko to furnish all material and perform all labor necessary to complete the following scope of work for the Roof RESTORATION Project for Auburn Justice Center located at 340 E Main St,Auburn, WA 98002 Findings and Conditions: 1.Type of Roof: Modified bitumen with failing coating (Torchdown) Roofing System 2. Roof Size: ---- FLAT ROOF SECTION: 17,944 sq.ft. (Main Area: 14,800 sq.ft.+ Parapet Walls/Curbs: 1,154 sq.ft.)(Overhang Roof: 1,990 sq.ft.) 3.Condition: (NON-CERTIFIABLE,ATTENTION NEEDED) (Aged 20+years (OUTSIDE life expectancy) Multi-ply Roofing System,areas of standing/pooling water,over 30%of granule loss, After conducting an on-site inspection of the subiect property,we suggest the following: We recommend Installing GE Enduris 3525(WHITE)SILICONE ROOFING SYSTEM (*) (**) (*) No permit is required to install Silicone Roofing System as it is classified as a "Maintenance" item, not a re-roof project, yet it is a fully SEAMLESS, 100%WATER RESISTANCE and UV STABLE Roofing System that comes with a 20-year Manufacturer Warranty from GE&Workmanship Warranty from Flat Roof Pros, Inc.Warranty is transferable. (**) WHITE is rated for energy efficiency and Cool Roof System provides savings on A/C expenses. (***) GRAY color is available if desired by customers. r *- _ .111 ' r PREPERATION Description Price INCLUDED IN PRICE $0.00 - Power washing the entire roof - Manually removing the failing coating. - Dispose of all debris. Docusign Envelope ID: 1 E9FE099-D54B-4F7E-88F7-D0F6823D3D1 F INSTALLATION Description Price Installation of*GE Enduris 3500 Roofing System on the entire roof area. $145,525.84 *Waterproofing of intrusion areas (such as chimney&venting)with Tri-Layer Approach (Silicone-Reinforcing Fabric-Silicone) is included in the price. **Waterproofing all accessible areas underneath of HVAC ducts. YEARLY INSPECTION Description Price Required Yearly inspection and roof systems repairs*to maintain 20 yr manufacturing and $250.00 workmanship warranty. *Covered:product defects leaks due to deterioration or workmanship during application. SERVICE TAX Description Price Service Tax 10.2% (Auburn, WA 98002) $14,869.14 Total Price: $160,644.98 Warranty:GE 20 year Material Manufacturer Warranty&20-year Workmanship Warranty from Flat Roof Pros, Inc. Warranty Inclusions and Exclusions: *GE 20-year Material Warranty is included in the price (Yearly Maintenance Plan is required by a Manufacturer to maintain Material Warranty) ** Flat Roof Pros, Inc 20-year Workmanship/Labor warranty is included in the price (Yearly Maintenance Plan by Flat Roof Pros, Inc is required to maintain Workmanship Warranty) (*) With GE Enduris 3500 Silicone Roofing System Option Preparation: 1.Standard surface preparation: a. Hand or power broom surface as required to remove loose rock or dirt. b. Pressure wash roof. c. Fixing broken seams on the main roof and parapet walls d. Cut all blisters&fishmouth and nail to the deck. e.Cut out around all drains, equipment curbs, and penetrations six inches from vertical.As needed f.Compressed air blowdown. If appropriate to job location g. Prime roof area with a bleed blocker primer. Docusign Envelope ID: 1 E9FE099-D54B-4F7E-88F7-D0F6823D3D1 F Three-Component Silicone System: 1.The roof membrane in the field will be inspected for cracks, splits, blisters, openings joints, seams,gaps, and splices,any which are located will be primed with bleed blocker primer and sealed with GE Enduris Seam Sealant and GE RF100 Reinforcing Fabric,and GE Enduris 3500 High Solids will be applied to prevent water intrusion. 2.Apply GE Enduris 3500 High Solids at the rate of 2.5 gallons per square to achieve the GE 20-year material warranty. LABOR RATES The following labor rates shall be used to establish the cost of all additional work.All costs, including prevailing wage labor burden, fringes, payroll taxes, workers'compensation and liability insurance, shall be reflected in these rates. POSITION REGULAR RATE O.T. @1.5x O.T.@2x Superintendent $90.00 $135.00 $180.00 Foreman $75.00 $112.50 $150.00 Journeymen $64.50 $96.25 $125.00 THE SCHEDULE OF PROGRESS PAYMENTS WILL BE (unless other arrangements are made): 1. 50%down payment is due within 5 days of accepting/signing this contract 2. REMAINING BALANCE IS DUE UPON COMPLETION INTEREST:Overdue payments will bear interest at the rate of 11/2%per month. Methods of payment:check and all major debit/credit cards.