HomeMy WebLinkAboutGreat Floors LLC - MN0-FC-9R-17-00 Pasco City Hall Carpet 2nd FloorCONTRACT
SMALL WORKS ROSTER
PASCO CITY HALL CARPET - 2ND FLOOR PROJECT
Project No. MNO-FC-9R-17-00
THIS CONTRACT is made and entered into this l� day of,'U a� , 2017,
by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to
as "City", and GREAT FLOORS, LLC., hereinafter referred to as "Contractor."
WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster
contract, or a limited public works contract; and
WHEREAS, the City having sought and secured quotations from its small works roster,
and the Contractor being duly qualified as a Contractor on the small works roster having
submitted a quotation acceptable to the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials
and appurtenances and perform all services in a workmanlike manner and in accordance
with the plans and specifications as provided in the Project Description and
Specifications, attached hereto as Exhibit A.
2. Compensation. Compensation for the performance of the service and materials as
described in Exhibit A shall be:
That amount set in the quotation attached hereto as Exhibit B subject to any retainage or
withholdings as provided below.
3. Time of Completion. The work covered by this Contract shall be completed with all
respects within 30 working days from the date of the Notice to Proceed. Once the work
is commenced, the Contractor shall diligently pursue the work to completion within the
time specified in this Contract.
4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public
works contract in compliance with RCW 39.04.350; and further agrees to comply with all
State and Federal laws relating to the employment and wage rates to be paid.
5. Indemnification.
5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
Small Works Contract — City Hall Carpet — 2nd Floor
Great Floors, LLC. Page 1
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
5.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Contractor, and the City, its officers, employees, agents and
volunteers, the Contractor's liability and obligation to defend hereunder shall only
be the proportionate extent of the Contractor's negligence.
5.3 It is further agreed that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
5.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
5.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Contractor's delayed or failed performance of Section 6 above.
5.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its
agents, representatives, employees, or subcontractors.
6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
6.1.1 Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
6.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Contractor's
Small Works Contract — City Hall Carpet — 2nd Floor
Great Floors, LLC. Page 2
Commercial General Liability insurance policy with respect to the work
performed for the City.
6.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
6.2 Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
6.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
6.2.2 Commercial General Liability insurance shall be written with limits no
less than:
® $1,000,000 each occurrence;
N $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
6.3.1 The Contractor's insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either parry, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
6.5 Verification of Coverage. Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Contractor before commencement of the work.
7. Retainage and Performance Bond.
7.1 Unless it is waived as provided below, the Contractor shall provide and post for
the benefit of the City a Performance and Payment Bond issued by a qualified
surety insuring the Contractor's performance of all the provisions of the Contract
Small Works Contract — City Hall Carpet — 2nd Floor
Great Floors, LLC. Page 3
and payment of all labors, mechanics, and subcontractors and materialmen as
required by RCW 39.08.010.
7.2 The City shall withhold five percent (5%) of the money due to the Contractor for
the work performed under this Contact until completion and/or acceptance of the
Contract as provided by RCW 60.28.011. Contractor may elect an option for
management of the statutory retainage by notice to the City of the elected option
under RCW 60.28.011.
8. Work Site Conditions. The work performed under this Contract is done at the
Contractor's risk and that Contractor is familiar with the conditions present and other
contingencies likely to affect the work, and has submitted their quote accordingly. The
Contractor will assume the responsibility and risk of all loss or damage to materials or
work which may arise prior to completion.
The Contractor shall keep the work site in a neat, orderly condition and after completion
of the work, the Contractor shall, at its expense, clean up and remove all refuse and
unused materials of any kind resulting from the work.
9. General Provisions.
9.1 For the purpose of this Contract, time is of the essence.
9.2 Notice. Notice provided for in this Contract shall be sent by:
9.2.1 Personal service upon the Project Administrators.
9.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
9.3 The Project Administrator for the purpose of this Contract shall be:
9.3.1 For the City: Dan Dotta
Acting Admin & Community Services Director
525 North 3rd
Pasco WA 99301
DottaD(&pasco-wa.gov (e-mail address)
9.3.2 For the Contractor: Shawn Tuck, or his/her designee
Great Floors, LLC.
7220 W. Okanogan Pl.
Kennewick, WA 99336
Phone: 509-392-9449
S.TuckAgreatfloors.com (e-mail address)
Small Works Contract — City Hall Carpet — 2nd Floor
Great Floors, LLC. Page 4
10. Dispute Resolution. This Contract has been and shall be construed as having been made
and entered into and delivered within the State of Washington and it is agreed by each
party hereto that this Agreement shall be governed by the laws of the State of
Washington.
In the event of a dispute regarding the enforcement, breach, default or,
interpretation of this Contract, said dispute shall be resolved by arbitration
pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury
trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
IN WITNESS WHEREOF, the parties have executed by their duly authorized official
this Contract in triplicate, each of which being deemed an original on the date first written above.
CITY OF PASCO, WASHINGTON
rn�,,
- 1
, ��!V
Ckly of Pasco
525 North 3rd
Pasco WA 99301
(509) 543-5759
E -Mail: DottaD a,pasco-wa.gov
ATTEST:
Daniela Ei kson, City Clerk
APPROVED AS TO FORM:
i
Leland B. Kerr, City Attorney
,Small Works Contract —`City Hall Carpet — 2nd Floor
Great�Floors, LLC.
CONTRACTOR
David Palmer — Store Manager
Great Floors, LLC.
7220 W. Okanogan Pl.
Kennewick, WA 99336
(509)392-9449
E -Mail: S.Tuckg greatfloors.com
Registration No. GREATF**955D4
Page 5
Exhibit A - 4 pages
ADMINISTRATIVE & Community Services (509) 543-5757 / FAX (509) 543-5728
P.O. Box 293 (525 North 3 Avenue) Pasco, Washington 99301 / www.pasco-wa.gov
Invitation for Bid
PASCO CITY HALL CARPET — 2ND FLOOR PROJECT
Notice to Bidders: Bids will be received by the City of Pasco, 525 N 3`d Ave, Pasco, WA 99301 for
the following work order:
Pre -Bid Showings: Optional walk through May12, 2017—10:00am-11:00am
Bids Due Date: May 17, 2017 at 5:00pm
Location: Bids will be turned in to the Contract Administrator at City Hall 2nd floor
Engineering department by 5:00pm on May 17, 2017. 525 N 3 d Ave, Pasco, WA
99301
1. Scope of Work
Contractors are required to provide all tools, materials, manpower and incidentals necessary to
perform tasks outlined below.
• Demo Existing Carpet And Base
o Once all flooring has been removed the contractor will assess if any sub flooring
will need to be placed and notify the Facilities staff of their findings
• Prep Floor For Carpet Installation
o Designated surfaces to receive carpet tiles shall be structurally sound, smooth, dry
and clean, free of dirt, dust, oil, wax or other foreign matter which would interfere
with a good bond.
o Contractor shall prepare existing floors to receive carpet tiles. Prior to filling, the
floor must be swept clean of all loose debris. After filling, allow filler to dry. Damp
mop floor and allow drying. Vacuum after mopping to ensure all debris is removed
for a proper substrate to install flooring. All cracks, holes, unevenness and rough
areas will be leveled and smoothed with material that complies with carpet
manufacturer's recommendations to ensure warranty terms.
• Carpet Installation
o Install approximately 6,238 sf of Shaw Carbon Copy carpet tiles per attached
specifications, or equal product in 3 areas of the new IS department at City Hall.
o Install applicable transitions and rubber base. Contractor shall comply with the
manufacturer's instructions and recommendations for all flooring products and
installation materials.
o 1 area requires carpeting on stairs, metal stairnose and stair stringer
• Cleanup: Immediately after completing installation:
o Remove visible adhesive, seam sealer, and other surface blemishes using cleaner
recommended by manufacturer.
o Remove protruding yarns from carpet tile surface.
ADMINISTRATIVE & Community Services (509) 543-5757 / FAX (509) 543-5728
P.O. Box 293 (525 North 3` Avenue) Pasco, Washington 99301 / www.pasco-wa.gov
o Remove all debris and carpet remnants from job site and dispose of properly.
o The Contractor shall use care in protecting building, equipment, and furnishings
when performing the work. The Contractor shall repair or be responsible for the
cost to repair damage incurred in the process of performing the required services.
2. Submission of Proposal
To be considered responsive, submissions are required to include costs for all work described in
the scope of work, applicable taxes and any permitting fees. Bids must be returned along with
the subcontractor disclosure form (if applicable) and the Non -Collusion Affidavit.
3. Bidders Responsibility Criteria
It is the intent of the City of Pasco to award these contracts to the lowest Responsible Bidder. To
be considered a Responsible Bidder this criteria must be met and the City may require
documentation demonstrating compliance with the criteria. The bidder must:
a. Currently have a certificate of registration as a contractor in compliance with chapter
18.27 RCW effective of the bid date;
b. Currently hold a Washington Unified Business Identifier (UBI) number;
c. If applicable:
i. Have Industrial Insurance coverage (workers' comp) for the bidder's employees
working in Washington in accordance with Title 51 RCW;
ii. Have an employment security department number in accordance with Title 50
RCW;
iii. Have a Washington Department of Revenue state excise tax registration number
in accordance with Title 82 RCW;
d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065(3);
e. Be eligible to perform services as governed by PMC 14.10 and are on the plan holders
list
The contractor for this Public Works project must verify that all of these requirements are met
for all tiers of subcontractors.
4. Bid Results and Award
Bid results will be available within 3 business days. The successful bidder will receive official
Notice of Award sent via email. If in the opinion of the City, that all bids in a single category are
unsatisfactory, they may reject all and re -advertise. For all contracts in excess of $35,000,
Performance and Payment Bonds must be provided to the City of Pasco for the performance of
the contract and otherwise required by law, with sureties satisfactory to the City of Pasco, in
amounts equal to the contract total. No additional payment will be made to secure the required
bonds.
5. Non -Collusion Affidavit (Exhibit A)
Proposals must be prepared without assistance of any employee, agent, or officer connected in
any manner with the City of Pasco. The Non -Collusion Affidavit must be signed, notarized, and
returned with the Bid Proposal. The City of Pasco has one or more notary public(s) on staff that
can notarize documents upon reasonable request.
ADMINISTRATIVE & Community Services (509) 543-5757 / FAX (509) 543-5728
P.O. Box 293 (525 North P Avenue) Pasco, Washington 99301 / www.pasco-wa.gov
6. Examination of Site & Conditions
By filing a bid, the contractor acknowledges that he/she has satisfied himself/herself as to the
facilities and difficulties attending the execution of the proposed contract (including local
conditions, weather, and all other contingencies) before the delivery of their proposal, and no
allowance shall be subsequently made on behalf of the Contractor by reason of any error or
neglect on his part.
7. Withdrawal of Proposal
Proposals may be withdrawn via written signed request if received within 1 hour of the
scheduled bid closing. No bid will be considered if received after scheduled bid closing.
8. Performance Bond and Labor and Material Payment Bonds
For contract in excess of $35,000, prior to execution of the contract, the successful bidder shall
furnish Performance and Labor & Material Payment Bonds covering the faithful performance of
the contract and the payment of all obligations arising thereunder in such form approved by the
Owner and in the amount of one hundred percent (100%) of the contract.
9. Execution of Contract
Execution of Contract The successful bidder must sign and return the Agreement and furnish the
Performance Bond, Labor & Material Payment Bond, Certificate of Insurance, and Intent to Pay
Prevailing Wages within fourteen (14) days from the Notice of Award date The Contract is
executed once all of the documents listed in this section are furnished within the timeline
specified and the City of Pasco Administration & Community Services Director then signs and
dates the Agreement.
10. Insurance and Liability
The Contractor shall procure and maintain during the life of this contract such insurance as shall
protect him and any subcontractor performing work covered by this contract from claims or
damages for bodily injury, including death resulting there -from as well as from claims for
property damage, which may arise from operations under this contract, whether such
operations are performed by himself or by any subcontractor or by anyone directly employed by
either of them.
Insurance must be placed with commercial insurance companies licensed to do business in the
State of Washington and which possess minimum financial standards of A.M. Best Company,
"A-, IV" or better. Certificates of Insurance for all insurance shall be filed with the City of Pasco
naming the City of Pasco, its officers, employees, board, and volunteers as Additional Insured.
The policy shall be $1,000,000 occurrence and $2,000,000 aggregate.
All insurance policies by the Contractor shall provide (1) that the policies shall not be cancelled
or the amount thereof reduced without forty-five (45) days prior written notice to the City of
Pasco, and (2) that forty-five (45) days prior written notice shall also be given if the policy is not
to be renewed at the scheduled expiration date.
BOX
ADMINISTRATIVE & Community Services (509) 543-5757 /FAX (509) 543-5728
rd
l� ® P.O. Box 293 (525 North 3 Avenue) Pasco, Washington 99301/www.pasco-wa.gov
11. Prevailing Wage
It is the sole responsibility of the Contractor to assign the appropriate classifications to all
laborers, workmen or mechanics that will perform any work pursuant to any Public Works
Contract and to ascertain the applicable prevailing wage rates and fringe benefits for each such
classification. Current prevailing wage data can be obtained by the Contractor from the
Industrial Statistician of the Department of Labor and Industries, Prevailing Wage Office, P.O.
Box 44540, Olympia, Washington 98504-4540, (360) 902-5335, on their website at
http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/Printable/defauIt.asp, or a copy
may be printed for you on your written request.
12. Resection of Bids
The City of Pasco will have the right to reject any and all bids and in particular to reject a bid
received after the deadline for bids due or bids that are not accompanied by the required Non -
Collusion Affidavit or a bid in any way incomplete or nonresponsive to the bid package. The City
further reserves the right to accept that proposal which is to the best interest of the City of
Pasco.
13. Appeal Process
There is no appeal process for bids determined to be non-responsive (bid does not respond to
all the required elements in this bid package solicitation). If the City determines that the
apparent low bidder does not meet bidder responsibility criteria in paragraph 4 above and is
therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for
its determination. If the bidder disagrees with this determination, it may appeal the
determination within 24 hours of receipt of the City's determination by presenting additional
information to the City. The City will consider the additional information before issuing its final
determination. If the final determination affirms that the bidder is not responsible, the City will
not execute a contract with any other bidder until two business days after the bidder
determined to be not responsible has received the final determination.
The City of Pasco, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d
to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of
the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure
that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as
defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation
and will not be discriminated against on the grounds of race, color, national origin, or sex in
consideration for an award.
Exhibit B - 3 pages
ADMINISTRATIVE & Community Services )509) 543-5757 / FAX (509) 543-577$
P.O. Box 293 (525 North 3,'tl Avenue) Pasco, Washington 99301/www.pasco-wa.gov
I
City of Pasco
City Hall Carpet — 2nd Floor Project
Bid Form
Lump Sum Item
Lump Sum Price
Carpet Installation, Associated Demolition, Prep
Work and Clean -Up Per Project Scope Of Work
*This bid includes prevailing wage rates & associated paperwork,
all permitting fees and required bonding as specified in the
Invitation for Bid.
w\x,
Subtotal 3. -?qz. %P
Washington State Sales Tax (8.6%)
i—
Project Total:" ! �f
Auth
Title: C_11� P1, rn e -- c .ria- I 'S I -L— '
Company: rza L_ C
Date: S_/r p / '3-
Date
' SUBCONTRACT DISCLOSURE
All Subcontractors must be qualified in accordance with Pasco Municipal Code 14.10, at the
time of bid submittal. Bidder acknowledges that work performed by a non-qualified
subcontractor will not be accepted by the City of Pasco.
We, the undersigned, intend to employ the following subcontractors, in order to fully perform
the work outlined in these specifications, as required by RCW 39.30.060. Further, we
acknowledge that qualification of subcontractors must be in place no later than when
subcontractors are required to perform any work on the project.
We intend to employ the firm(s) of:
NAME ADDRESS UBI # List Item Number
and represent and warrant that the work will be performed by said subcontractors in a good
and workmanlike manner and under our direct supervision. We further represent and warrant
that the work to be performed by them constitutes approximately z) � percent of the total
dollar value of said contract.
Description of work to be performed by Prime Contractor:
FIRM: t 1 re—
NAME: ✓�� J ��
ADDRESS:
TELEPHONE:
EMAIL: r' • �v c-� (`'z `�j /e� r �e ori C. -.r,
0
NON -COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the
laws of the United States that the following statements are true and correct:
1. That the undersigned person(s), firm association or corporation has
(have) not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of
free competitive bidding in connection with the project for which this
proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have
signed and to have agreed to the provisions of this Declaration.
FIRM:
SIGNATURE:
TITLE:
0