HomeMy WebLinkAbout000752 Original Contract City ofPort Angeles
,
Record #000752
City of Port /\noelee
Public Works&Utilities Dept.
Operations Office
l703 South BStreet
Port Au gc|,n WA 98362
LIMITED PUBLIC WORKS PROCESS
Tel: 3�O-4|7-454l
—~~ Fax: 360-452-4972 Request for Quotation
contract
Contract Title: WWTP Admin Building Carpet Installation Project Number: W&0-14-011
Funding:
THIS CONTRACT isentered into the date last below written between the CITY {}F PORT ANGELES, WASHINGTON
("CITY") AND FAIRCHILD FLOORS, WASHINGTON ("CDNTRACTOR").
1. WORK BY CONTRACTOR
The Contractor shall perform the work as described in Attachment"A"(Attachment"A" may include Contractor's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any Other related Contract Documents)
which is attached hereto and by this reference is incorporated herein.
2. TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
All work under this Contract is to be completed by this date:
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All work under this Contract is h3 be completed 30 days from the Notice to Proceed. No work is
to be performed prior to written Notice to Proceed by the City.
Fl
�/ The performance period under this Contract commences calendar days after contract
award and ends calendar days after contract award.
3. PAYMENT
A. The City shall pay the Contractor for the work performed under this contract (check one):
Time and material, not toexceed: &______
Time and actual expenses incurred, not to exceed:
Unit prices set forth in the Contractor's bid or quote, not to exceed: $_____
H Firm Fixed Price set forth in Contractor bid or quote in the amount of: $3,300.78
The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment "A".
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort
whatsoever that may he required for the transfer of materials and for constructing and completing
the work provided for iD this contract and every part thereof; except 8s are mentioned iOthe
specifications tob8 furnished by the City Of Port Angeles.
B. The Contractor shall maintain time and expense records, which may be requested by the City. The
contractor shall submit invoices tothe City for payment for work performed. All invoices must reference the
City's contract number. Invoices shall be in a format acceptable tothe City.
C. The City shall pay all invoices from the Contractor by mailing a City warrant within ]U days of receipt ofa
properly completed invoice.
D. All records and accounts pertaining to this Contract are to be kept available for inspections by
representatives of the City for a period of three (3) years after final payment. Copies shall be made available
to the City upon request.
Project No. WW-14-011 Pagel Rev.2/16/2007
' E.'Ifduring the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Contractor shall correct ormodify the required work to comply with the requirements of this
Contract. The City shall have the right towithhold payment for such work until it meets the requirements of
the Contract Documents.
4. RESPONSIBILITY OF CONTRACTOR
A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site
and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes.
Contractor shall erect and properly maintain, at all times/ as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and the public and shall post danger signs
warning against known orunusual hazards.
B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and/or
materials discovered within one year after acceptance of this work. When corrections of defects are made,
Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected
work for one year after acceptance of the corrections by the City. The Contractor shall start work to
remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete
such work within m reasonable time. In emergencies where damage may result from delay orwhere loss of
service may nasu|i/ such corrections may be made by the City, in which case the cost shall be borne by the
Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will
be otherwise accomplished and the cost of same shall be paid by the Contractor.
C. Warranty. Contractor shall be liable for any costs, losses, expenses ordamages including
consequential damages suffered by the City resulting from defects in the Contractors work including, but
not limited to, cost ofmaterials and labor expended by the City in making emergency repairs and cost of
engineering, inspection and supervision by the City. The Contractor shall hold the City harmless from any
and all claims which may be made against the City as a result of any defective work and the Contractor
shall defend any such claims at its own expense. Where materials or procedures are not specified in the
Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate
selections.
O. NnndischminaUon/AffirmativeAction. Contractor agrees not to discriminate against any employee or
applicant for employment or any other persons in the performance of this Contract because of race, creed,
color, national origin, marital status/ sex, age or handicap, or other circumstances as may be defined by
federal, state or local law or ordinance, except for a bona fide occupational qualification. Contractor agrees
to post in conspicuous places, available ho employees and applicants for employment, notices to be
provided by Contractor setting forth the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work
or services required by the Contractor under this Contract, shall be considered employees of the Contractor
only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf
of said employees, while sn engaged, and all claims made bva third party as consequence of any negligent
act or omission on the part of the Contractor's employees, while so engaged on any of the work or services
provided or rendered herein, shall not be the obligation of the City.
5. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local laws and regulations applicable tothe
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation uf
a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the
Contract by the City/ in whole or in part, and may result in ineligibility for further work for the City.
6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A"
and final payment bv the City.
B. The City may terminate the Contract and take possession of the premises and all materials thereon
and finish the work by whatever methods it may deem expedient, by giving 10 days written notice tothe
Project No. WW-14-011 Puge 2 Rev.2/16/2007
contractor, upon the occurrence of any one or more of the events hereafter specified.
1. The Contractor makes a general assignment for the benefit of its creditors.
2. A receiver is appointed as a result ofthe insolvency of the Contractor.
3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.
4. Contractor fails to make prompt payment to subcontractors for material or labor.
5. Contractor persistently disregards federal, state or local regulations and ordinances.
6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
7. The City determines that sufficient operating funds are not available to fund completion of the work
contracted for.
C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any
further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily
completed, as scheduled, up to the date of termination. AL such time, if the unpaid balance of the amount
tobe paid under this Contract exceeds the expense incurred bv the City in finishing the work, and all
damages sustained by the City orwhich may be sustained by reason of such refusal, neglect, failure or
discontinuance of employment, 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 legal costs incurred by the City to protect the rights and interests of the City under the Contract,
provided such legal costs shall be reasonable.
7. OWNERSHIP KDF DOCUMENTS
A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Contractor with funds paid by the City under this
Contract shall become the property of the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data or other documents or materials given to or prepared or
assembled bythe Contractor under this Contract will be kept confidential and shall not be made available to
any individual or organization by the Contractor without prior written approval of the City or by court order.
8. CLAIMS
Any claim against the City for damages, expenses, costs or extras arising out of the performance of this
Contract must be made in writing to the City within thirty days after the discovery of such damage, expense
or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon
making application for final payment, shall be deemed to have waived its right to claim for any other
damages for which application has not been made, unless such claim for final payment includes notice of
additional claim and fully describes such claim.
9. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for
the City under this Contract and shall oversee and approve all work to be performed, coordinate communications,
and review and approve all invoices, under this Contract.
10. DNDEN0INIFICATION / HOLD HARMLESS
A. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out o[or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
B. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV4.24.115, then, in
the event of liability for damages arising out ofbodily 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, 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 the indemnification provided herein constitutes the Contractor's
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waiver of immunity under Industrial Insurance, Title 51 RCVV, solely for the purposes of this indemnification. This
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Project No. W'VV-l4-Vll Page 3 Rev.2/16/2007
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waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
11. INSURANCE
The Contractor shall maintain insurance as set forth in Attachment B.
12. PREVAILING WAGE
This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to
prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages |avvy
and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE
PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE
as determined by the Industrial Statistician of the Department of Labor and Industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is made a part ofthis contract as though
fully set forth herein.
Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement
of Intent ho Pay Prevailing VVaga5 on Public Works Contracts" from the Department of Labor and Industries.
It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage". The
Contractor shall be responsible for all filing fees. Each invoice shall include signed statement that
prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance
of services rendered, Contractor shall submit an "Affidavit ofWages Paid".
Fora contract award or an on-call contract work order under $2,500, and in accordance with RCVV 39.12.040(2),
the contractor or subcontractor is authorized to submit combined Statement Of Intent To Pay Prevailing Wages
&Aff(davit Of Wages directly to the City uf Port Angeles at final invoicing. Submission shall be made on the form
developed by the Washington State Department of Labor and Industries and available from the City of Port
Angeles Public Works and Utilities Department.
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� In case any dispute arises as to what are the prevailing rates of wages for a specific bade/ craft or occupation
and such dispute cannot beadjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his
decision shall be final, conclusive, and binding on all parties involved in the dispute.
13. INTERPRETATION AND VENUE
This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
14. BRANDS OR EQUAL
VVhenaspeda| "bnnndorequa|" isnanneditsha|| baconstruedso|dyfnrthepurposeofindioatingthestandands
of quality, performance, or use desined. Brands of equal quality, performance, and use shall be considered,
provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not ofequal quality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
15. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Contractor's risk and expense.
16. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from
this Contract without the express prior written consent of the other.
17. INDEPENDENT CONTRACTOR
The Contractor is and shall be at all times during the term of this Contract an independent contractor and not
an employee of the City.
Proj oc1No. VVW-l4-Ull Page Rev.2/16/2007
18. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
19. SUBCONTRACTOR RESPONSIBILITY
A. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require
each of its subcontractors to include substantially the name language of this section in each of their subcontracts,
adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to
all subcontractors regardless of tier.
B. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets
the following bidder responsibility criteria:
- At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter
18.27KCVV;
- Have current state unified business identifier number;
- If applicable, have:
• Industrial insurance coverage for the subcontractor's employees working in Washington as required
in Title 51 RCVV;
• An employment security department number as required (n Tile 50RCVV; and
• A state excise tax registration number as required in Tile 82 RCVV;
• An electrical contractor license, if required by Chapter 19.28 RCVV;
• An elevator contract license, if required by Chapter 7O.87 RCVV.
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
Project No. WW-14-011 Page 5 Rev.2/16/2007
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IN WITNESS WHEREOF, the parties have executed this Contract as of- A. 2014.
J
FAIRCHILD FLOORS CITY OF PORT ANGELES
By: By:
Printed Name: L-JQ Printed Name: M.C.
Title: V 1 ~ Title: C iA, EV1Am'q'LV"
Address:
City: AAaLc-5 wA
Tax ID #:
Phone Number: Purchase Order #: 0 3 0 F3c)
Project No. WW-14-011 Page 6 Rev.2/16/2007
City of Port Angeles ATTACHMENT "A"
Operations Office WORK BY CONTRACTOR
Public Works and Utilities Department
360-417-4541
The contractor shall do all work and furnish all tools, materials, and equipment in order to
accomplish the project described below. Unless otherwise provided for in the Statement of
Work, the Contractor will be responsible for obtaining and paying for any and all permits
required for this work.
General Scope: Installation of new carpet at the City Wastewater Treatment Plant
Administration building.
Location: 1509 E. Columbia Street, Port Angeles, Washington
Site Point of Contract: Jeff Young, 360-417-4690; iyoun g@ cit of �a.us
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Work Hours and Schedule: Contractor will be allowed to work from 7:00 AM to 3:30 PM
Monday through Friday. The Contractor may request to work outside of these hours, which
may be approved at the discretion of the Site Point of Contact.
Standards: All work shall be executed in strict accordance with the latest edition of the
following standards and codes and all local ordinances and regulations, and shall meet
industry standards. The Contractor is required to obtain all permits required by City of Port
Angeles municipal codes and the current adopted codes:
1. International Building Code (IBC)
2. International Residental Code (IRC)
3. Uniform Plumbing Code (UPC)
4. International Fuel And Gas Code (IFGC)
5. International Mechanical Code (IMC)
6. Washington State Energy Code (WSEC)
7. Washington State Ventilation And Indoor Air Quality Code (VIAQ)
8. ANSI 117 (Ada Accessablity Code)
9. International Fire Code (IFC)
10. National Electrical Code (NEC)
11. Underwriters Laboratories (UL)
Work Requirements:
1. Contractor shall install approximately seven hundred (700) square feet of Mohawk
Nylon (Color#883, Warm Chestnut) commercial carpet.
2. Contractor shall utilize direct glue down carpet. No carpet shall be installed in the rest
room but the existing moldings will be replaced in that location.
3. Contractor shall remove and dispose of the existing glue down carpet and rubber base.
4. Contractor shall scrape slab to prepare it for new carpet installation. Contractor shall
Project No. WW-14-011 Page 7 Rev.2/16/2007
remove existing rubber base molding. Contractor shall provide and install 4 inch dark
brown rubber base molding.
5. All debris generated from the work described shall be the responsibility of the
Contractor.
Project No. WW-14-011 Page 8 Rev.2/16/2007
City of Port Angeles ATTACHMENT B
Operations Office INSURANCE
Public Works and Utilities Department
360-417-4541
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Includes construction and remodeling,janitorial service, tree maintenance, road maintenance,painting,
electrical work,plumbing, movers, and on site maintenance agreements.
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, their agents, representatives, employees or
subcontractors.
No Limitation
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
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.
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, products-
completed operations, stop gap liability, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground property
damage. The City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Project No. WW-14-011 Page 9 Rev.2/16/2007
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations
aggregate limit.
Other Insurance Provision
The Contractor's Automobile Liability and Commercial General Liability insurance policies are to
contain, or be endorsed to contain that they shall be primary insurance as respect 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. 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.
F. Subcontractors
The Contractor shall have sole responsibility for determining the insurance coverage and limits required,
if any, to be obtained by subcontractors, which determination shall be made in accordance with
reasonable and prudent business practices.
G. Notice of Cancellation
The Contractor shall provide the City and all Additional Insureds for this work with written notice of
any policy cancellation, within two business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material
breach of contract, upon which the City may, after giving five business days notice to the Contractor to
correct the breach, immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due the
Contractor from the City.
Project No. WW-14-011 Page 10 Rev.2/16/2007
' City of Port Angeles ATTACH ME NT "C"
Engineering.ng PREVAILING WAGE RATES
Public Works and Utilities Department
300-417'4541
See attached listing:
l. Washington State Prevailing Wage Rates For Public Works Contracts—Journey Level and Apprentices,
C|uUuzo County, effective 3/l3/20l4.
2. To access applicable prevailing rate(s)of wages rates for the describe work by trade,use the following Labor
and Industries vvebmitelink:
3. A copy of the applicable prevailing wage rates can be obtain by contacting Lucy Hanley at 360-417-4541 or by
email, . /\hard copy io available for viewing iu person o132l £l. 5 m Street, Port Angeles,
WA. 98362.
Project No. WW-14-011 Page I I Rev.2/16/2007
City of Port Angeles ATTACHMENT "D"
Engineering Office QUOTE RECEIVED
Public Works and Utilities Department
360-417-4541
Fairchild Floors quote form attached:
Project No. WW-14-011 Page 12 Rev.2/16/2007
QUOTATION FORM
Project Title: fflM Admin Building Carnet In-s-t4llatlon Project Number: M-"-
Funding:_Qp5:JQ3�-481
The bidder hereby bids the following amounts for all work(including labor, equipment, time
and materials)required to perform the work in the Statement of Work and this package.
1. Lump Sum $ -S 0-if s
15
2. Sales Tax(8.4%) '7
3. Total Bid $ 3S 7
5.The bidder hereby acknowledges that it has received Addenda No(s).--
(Enter"NIA" if none were Issued)to this Request for Quotation package.
6.The name of the bidder submitting this bid and its business phone number and address,to which
address all communications concerned with this bid and with the contract shall be sent, are listed
below. Any written notices required by the terms of an awarded contract shall be served or mailed to
the following address:
Contractor Information:
1. Company Name: 'FA' V-C to t Lz a
2.Address: t 4-04- S F-",J-L -3� .
3. City, State, Zip Code: Pb 1,J f A— H36 Z
4. Phone Number: 360 4t 7 1645
5. Contractor Registration Number: rA L oc—r—F 0 4-�
6. UBI Number: 661 61 q -77
7. WA State Industrial Insurance Account Number: 8061 76 t))co)
8.WA State Employment Security Dept Number: e----, q47vl-oo
9. State Excise Tax Registration Number: 6'() ) 0 � ( 77
The bidder represents that it is qualified and p(?ssesses sufficient skills and the necessary capabilities
to perform the services s forth in this C
Signed by M-
Title )N ev-,
A VE5 FA L 9-(-"1 Qj)
Printed Name;
Date
Project No. WW-14-011 Page 3 Rev 8/30/2011