HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT
Single Craft under $25K
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2023, (the “Effective
Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and a
Washington Municipal Corporation (“City ”), through its ________________________and Great
Floors – Commercial Sales, LLC Ž t type of entity) (“Contractor”), who
are collectively referred to as the “Parties”, to remove the existing Carpet and Padding from the
2nd Floor Activity Room at the Senior Center and installation of New Underlayment and Mohawk
Hot and Heavy Secoya LVP; measured at 5.0 mm; 211 Burnett Ave N, Renton, WA 98057 . The
City and Contractor agree as set forth below.
1. Scope of Work: Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment “A.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Scope of Work consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order or Amendment signed by the
Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than (90 days)calendar days after the Agreement’s Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, no later than 90 days from the Effective Date. [Or shall terminate on
date]. This Agreement may be extended to accomplish change orders, if
required, upon mutual written agreement of the City and Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of ($18,282.11)which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
6. Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Work, the Cityagrees to make payment of theamount identified
as the Agreement Sum.
CAG-23-408
9th November
PW - Facilities
PAGE 2 OF 8
7. Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be
made after the Work has been performed and a voucher or invoice is submitted in a form
acceptable to the City.
A. Prevailing Wage Rates:
Contractor must comply with the State of Washington prevailing wage requirements.
Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and
an Affidavit of Wages Paid at the end of the project with the Washington State Department
of Labor and Industries.
The State of Washington prevailing wage rates applicable for this project, which is located
in King County, may be found at the following website address of the Department of Labor
and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid
for the duration of this contract shall be the date the contract is executed as reflected in
the “Effective Date” identified at the top of the first page of this Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for this
project. Alternatively, the rates may be viewed at the City of Renton City Hall by making
an appointment with the contact person identified herein or prior to contract award with
the contact person identified as the City of Renton contact in Paragraph 15 Notices of this
agreement.
B.Retainage held by the City or in Escrow Account:
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that
the Contractor will provide a either a Performance and Payment (Contract) Bond on the
City approved form upon execution of the Agreement or waive the payment and
performance bond and instead the City will retain 10%. Payment of the initial 95% will be
made in the next pay cycle of the City Finance Department after receipt of such voucher
or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose
of completion of the project and fulfillment of claims and liens. (Unless the contractor
waives the payment and performance bond below and opts for a 10% retainage below.)
Contractor must pick one – if contractor does not pick one then 5% with contract
bond is required:
To provide a payment and performance bond (contract bond) in the
amount of 100% of the estimate including taxes with a 5% retainage.
PAGE 3 OF 8
or
y To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10% will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
B. The City shall have the right to withhold payment to Contractor for any work not
completed in a satisfactory manner until such time as Contractor modifies such
work so that the same is satisfactory.
C. Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete
and has been constructed in accordance with the Plans and Specifications.
D. Payment in the Event of Termination. In the event this Contract is terminated by
the either party, the Contractor shall not be entitled to receive any further amounts
due under this Contract until the work specified in the Scope of Work is
satisfactorily completed, as scheduled, up to the date of termination. At such time,
if the unpaid balance of the amount to be paid under the Contract exceeds the
expense incurred by the City in finishing the work, and all damages sustained by
the City or which may be sustained by the City or which may be sustained by the
reason of such refusal, neglect, failure or discontinuance of Contractor performing
the work, such excess shall be paid by the City to the Contractor. If the City’s
expense and damages exceed the unpaid balance, Contractor and his surety shall
be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all reasonable legal expenses
and costs incurred by the City to protect the rights and interests of the City under
the Contract.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless the City, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by The City
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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
PAGE 4 OF 8
contractor and The City, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to The
City that are excluded in the commercial general liability insurance.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. It is agreed that on Contractor’s commercial general liability policy, the City of The City
will be named as an Additional Insured on a non-contributory primary basis. The City’s
insurance policies shall not be a source for payment of any Contractor liability.
E. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before executing the work of this
Agreement.
F. Contractor shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A. Contractor, and Contractor’s agents, employees, representatives, and volunteers with
regard to the Work performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
PAGE 5 OF 8
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions, the Cityshall have the right, at its option, to cancel the Agreement in whole
or in part.
D. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11. Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of the City and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation
to The City shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor’s employees, while engaged in Work provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
12. City of Renton Business License:The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
PAGE 6 OF 8
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf of
The City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses set
forth below. Any notices may be delivered personally to the addressee of the notice
or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received
three (3) calendar days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to the undersigned individuals or their designees.
CITY OF RENTON
Edward Grube
1055 South Grady Way
Renton, WA 98057
Phone: (206) 476-0662
egrube@rentonwa.gov
Fax: (425) 430-XXXX
CONTRACTOR
Jim Birney c/o John Scott
9021 South 180th Street
Kent, WA 98032
Phone: (206) 7993-6686
J.Scott@greatfloors.com
Fax: (XXX) XXX-XXXX
B.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
PAGE 7 OF 8
C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton’s prior express written consent.
D.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform
the Work in accordance with all applicable federal, state, county and city laws, codes
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
E.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
F.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
I.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
J.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either The City or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
0T,,D,G`q^3%@BqHPaq&,q *,,E,*qbPq',q%qm%7j,TqP-q%IpqRU7PVqPWq^g&^,Sh,Jbq'T,%(4q
gI@,^^q8`q9^q,oRX,_^Apqm%:k,*q;IqnY7b<G1 q
4,q Wb?,^q5%j,qkPBiJ`%T7Apq,Ga,Z,*q=JcPq b5>_q 1T,,F,Gbq%_qP.q
9k,q d,q
q q q
F?G7^aT%aP[qPTq pPT q E,$q
Pgb4q T%*pq %pq
GbPJ q!%^6?K1aPLq
b,q
RR]Pl,*q%_qbPq 1%@q PTFq
6%M,q QBPG,pq
NbPIq apq efPUO,pq
a,q
q
H%2,T q q CPPT^q
q
Approved by Cheryl Beyer via 10/17/2023 email
10/17/2023 email
ATTACHMENT A
City of Renton Senior Center 2nd Floor Floor Project
September 28th, 2023 (Thursday) – 10:00AM till 11:00AM
x Location:
o Senior Center - (211 Burnett Ave N., Renton, WA 98057)
x Work Scheduled:
o Weekday Work (Monday thru Friday)
o Work Hours (To Be Determined)
o Start Date (To be Determined)
x Walk Thru of Work Area
o Questions can be asked during Walk through but once it has been completed; facilities cannot
answer questions after the walkthrough.
x Expectations:
o Arrive on Time when Scheduled.
o This is a Prevailing Wage Project
o Contractor to observe proper OSHA safety protocol throughout project.
o All work to meet Vinyl Tile Installation Standard and Codes
o Temporary move of Furniture from one area to another to allow work.
o Carefully remove Old Wood Baseboard to reuse once New Flooring has been installed.
o Removal and Disposal of all Old Carpet, Padding, and Tack Strips.
o Vinyl Flooring and Cove Base to be Purchased from Great Floors; please provide Flooring Cost
for both Primary and Backup as a line item on your Bid.
Primary – Mohawk Group
x Hot & Heavy Collection
o Secoya – 142 Key Gardens
o Size – 9” x 59” (Nominal)
o Thickness – 5 mm
o Wear Layer – 20 mil
o Finish – M-Force Enhanced Urethane
o Installation – Loose Lay
Backup – Mohawk Group
x Living Local Collection
o 330 Almond
o Size – 7.75” x 52” (Nominal)
o Thickness – 2.5 mm
o Wear Layer – 20 mil
o Finish – M-Force Ultra
3” Cove Base
x Color - Black
o Use a Premium Underlayment that has qualities.
High Impact Insulation Class (ICC)
Sound Transmission Class (STC)
Moisture Barrier
High Thermal R Rating
o Appropriate Transition Strips must be placed at locations where different floor materials
transition.
o Install Cove Base around the Pillars of the room.
o Cleanup and Removal of debris from Location
o Walkthrough once all work has been completed at location to ensure all work has been
accomplished.
x Bid Due Date:
o Provide the Bid with both the Primary and Backup Vinyl Flooring as separate line Items.
o Deadline for Bids is October 6th, 2023 at 5:00PM
o We will not accept Bids after the deadline.
o Bids must be Submitted Via Email and sent to egrube@rentonwa.gov
o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the
Small Works Project.
o The City of Renton can decline all Bids
o If you are not contacted within 1 week after the Deadline listed below; you have not been
selected for the Small Works Project
o If you want to find out about the winning bid or other bids, please submit a Public Records
Request at City Clerk’s Office.
Page 1 of 2
10/5/2023
GREAT FLOORS - Commercial Sales
9021 SOUTH 180TH ST, KENT, WA – PH (206) 241-0229 FAX (206) 241-2699
Per the job walk. All labor figured at prevailing wage rates, and includes prevailing wage filing
fees.
Leaving the wood base in place demo the existing enhancer backed cushion broadloom
carpet, and dispose of it.
Seal the old adhesive with Mohawk Optiseal to prevent old broadloom carpet residue from
reacting with the new pressure sensitive adhesive
Furnish and Install
GenieMat Sound Underlayment ( see the attached brochure): Please note that the thickness
of the GenieMat will be 2.0 mm if the finish product is Mohawk Hot and Heavy, or 5.0 mm if
the finish product is Mohawk Living Local.
Then either Mohawk Living Local or Hot and Heavy Secoya LVT
4” black rubber base at the columns. (bid scope calls for 3”. There is no 3”, but I can do
either 2.5” or 4”. I’ve budgeted for 4”.)
Please note that the intent is to level the transition as much as possible from the room to the
main corridor in the center of the building. The carpet at the other two doors is installed over
pad and is slightly thicker, but we will do our best to make any transition very gradual.
Please note that with either option there may be a very small gap (1-2 mm) between the top
of the new lvt flooring, and the bottom of the existing wood base.
Option 1: Mohawk Hot and Heavy Secoya LVP: $16,605.00 plus tax
Option 2: Mohawk Living Local LVP: $15,437.00 plus tax
There is one more option: Using the 5.0 mm Genie Mat and the Hot and Heavy Secoya would
fill the entire gap under the wood base. Price for this option would be: $18,045.00 plus tax.
To: City of Renton
Attn: Edward Grube
Site: Renton Senior Center
2nd floor activity room
Page 2 of 2
10/5/2023
Flooring cost for both primary and backup as requested in the request for proposal are as
follows: this is per state contract pricing
Hot and Heavy: $4.59/sf
Living Local: $3.16/sf
INCLUSIONS: Unless otherwise noted the following items are included: transitions, adhesives, sundries.
EXCLUSIONS: Any items not listed on this document are not included in this bid proposal. Additionally, unless
otherwise noted above, the following items are specifically excluded: bonds, taxes, furniture moving, demo and
removal, floor and wall prep, cleaning, waxing, sealing, protection, concrete moisture testing, concrete moisture
mitigation, underlayments, hoisting, patching, after hours/weekend work, union labor. Bid valid 30 days
TERMS: Payment, net 30 days. All floor covering to be installed per manufacturer’s installation instructions.
Conditions set forth in this proposal are binding unless otherwise negotiated and mutually agreed upon
WASHINGTON CONTRACTORS LICENSE #GREATF*955D4.
Acknowledgement and Agreement: The undersigned accepts, agrees to, and acknowledges all terms and
conditions set forth in this proposal.
Signature: Thank you for the opportunity to be of service!
Printed Name: John Scott
Title: Account Representative, Great Floors
Date: Commercial Sales