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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