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AG 15-172 I I RETURN TO: ROBE EXT:2002 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV:PARKS/DUMAS BAY CENTRE 2. ORIGINATING STAFF PERSON:ROB ETTINGER EXT: 2002 3. DATE REQ.BY:ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT X GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:DUMAS BAY CENTRE/KNUTZEN FAMILY THEATRE CARPET REPLACEMENT 6. NAME OF CONTRACTOR:RUBENSTEIN'S CONTRACT CARPET LLC ADDRESS:501 S.LUCILE#100,SEATTLE WA 98108 TELEPHONE(206)762-5610 E-MAIL:JESSE @RUBENSTEINS.COM FAX:(206)762-2409 SIGNATURE NAME:JESSE DEAN TITLE:SENIOR PROJECT MANAGER 7. EXHIBITS AND ATTACHMENTS:X SCOPE,WORK OR SERVICES X COMPENSATION X INSURANCE REQUIREMENTS/CERTIFICATE X ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN X REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE:APRIL 8,2015 COMPLETION DATE:JANUARY 15,2016 9. TOTAL COMPENSATION$111,065.85(INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED X YES ❑NO IF YES,$9,635.85 PAID BY:❑CONTRACTOR X CITY X PURCHASING: PLEASE CHARGE TO:402-7200-102-594-75-6:10 4' O 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER y�2-/j c ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) KLAW A2t., 4141 VS 11. COUNCIL APPROVAL OF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: !-1 11.5 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS TIAL/DATE SIGNED %LAW DEPARTMENT e/J'7 7/f (CHIEF OF STAFF T . • ,SIGNATORY(MAYOR OR DIRECTOR) �,/ /W Z AA ) CITY CLERK «V7 (ASSIGNED AG# A # )S` 1 Z X SIGNED COPY RETURNED DATE SENT: Y i //S --if-- COMMENTS: , �{�, Chyo�� Jt4. . £4rI L(s AtAnt ,� m∎3sr;, Soul. —Ww rM d E ( a vubl�c, tixitS Cv,nisthe-. •41NC Qv� �/��lh� OVA. y01k [AYa k\ x\r+� i+-t"n. -1/W- RtAVIVW JAIL LS `teArteMe et ki4 tlei Iv►ahiS nl1-• St ‘2104, -b Alter •edai\M- \libels 1 .,.I .u ti +, maarni new /1117'M Cgv +.c,+• 11/9 \ u■n y I9e easier Use oor \x,,,bl1 tcs cow1o.ct- U PINced■e,a ?a,-(-)c), CITY OF Federal Way BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2015 Dumas Bay Centre Carpet Replacement Project RFB # 15-006 City of Federal Way Parks and Recreation Department 33325 Eighth Avenue South Federal Way, WA 98003 Mai ling Address: City of Federal Way Parks and Recreation Department Federal Way, WA 98003-6325 BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2015 Dumas Bay Centre Carpet Replacement Project RFB # 15-006 Bids Accepted Until 3:00 PM, February 12, 2015 Bids Opened 3:00 PM, February 12, 2015 AT: City of Federal Way City Hall 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: David A. Clark Architects, PLLC 33017 — 134th Avenue SE Auburn, WA 98092-8519 t n, lir mi y c ! City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 2 2015 TABLE OF CONTENTS PAGE PUBLIC NOTICE— REQUEST FOR BIDS 4 BIDDER'S CHECKLIST 6 SECTION 1: INSTRUCTIONS TO BIDDERS 8 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 15 BID FORM (Attachment A) 21 BID SCHEDULE (Attachment B) 26 BID SIGNATURE PAGE (Attachment C) 27 BID BOND FORM (Attachment D) 28 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment E) 29 CONTRACTOR'S COMPLIANCE STATEMENT(Attachment F) 31 PUBLIC WORKS CONTRACT (Attachment G) 32 (with Exhibits A-E and Appendixes as attached) Exhibit A Notice of Completion Exhibit B Contract Change Order Agreement Exhibit C Certificate(s) of Insurance Exhibit D Performance/Payment Bond Exhibit E Title VI Assurances FLOORING PLAN AND SPECIFICATIONS APPENDIX A PREVAILING WAGES AND BENEFIT CODE KEY APPENDIX B WARRANTIES APPENDIX C City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 3 2015 CITY OF FEDERAL WAY REQUEST FOR BIDS 2015 Dumas Bay Centre Carpet Replacement Project RFB # 15-006 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through February 12, 2015, until 3:00 PM, at the City Hall Purchasing Office or by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after 3:00 PM on said date will not be considered. PRE-BID MEETING: An informational meeting for interested contractors will be held at Dumas Bay Centre, 3200 SW Dash Point Road, Federal Way, Washington, 98023, to discuss the work to be performed. All prospective bidders are strongly encouraged to attend. BID OPENING: All bids will be opened and read publicly aloud at 3:00 PM. on Thursday, February 12, 2015, at City Council Chambers, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. DESCRIPTION OF WORK: The City of Federal Way is requesting bids for installation of carpet: 1. Carpet services shall include but not be limited to: installation of standard modular carpet, walk-off entry carpet, rubber base, transitions, rubber stair risers, treads, and tiles, removal of existing carpet and base, coordination of owner-hired abatement contractor for removal of hazardous material, and repair of existing underlayment and/or subfloor. 2. The proposals will be based on the attached plan, specifications, and observation. The Contractor shall be responsible for visiting the site to thoroughly familiarize themselves with the conditions of the site, access, and the surface where carpet will be installed. Failure to visit the site shall not relieve the Contractor from completing the work. 3. It is the Flooring Contractor's responsibility to field verify all dimension and job site conditions; order sufficient yardage to fully carpet areas as indicated and to fill overage requirements as specified. 4. Contractor and employees shall be trained and skilled to perform all related services, and have experience with all types of flooring materials and all work performed per manufacturer's recommendation. 5. A preliminary survey for asbestos has been performed by Thematech Northwest, Inc. (copy available per request). The findings from this report indicate that areas (primarily City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 4 2015 bedrooms and conference rooms) have tile containing asbestos. This will be removed at the Owner's expense prior to the installation of carpet in the designated area of work. Should additional hazardous material be found, an abatement contractor will be hired by the City with no expense to the Flooring Contractor. The Flooring Contractor's sole remedy will be added contract time but no added charges for the period of abatement and extension of flooring installation. 6. The Lump Sum Proposal amount is for the pattern and areas defined by the plan. The owner reserves the right to add or subtract from the carpet material quantity but not reducing the individual pattern amount by less than 500 square yards (except for Walk-off Entry Carpet Tiles). The Unit Prices for Bottom Trim of Wood Doors and Additional Underlayment and Repair will the basis for future pricing should the issue be discovered during the course of abatement and installation. It shall be the sole cost remedy for the Contractor in the event such work is required. The Lump Sum and Unit Prices will be valid until December 31, 2015. The Contractor shall complete all work by December 31, 2015. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835-2526. Any questions concerning the description of the work contained in the contract documents must be directed to Mike Jones, David A. Clark Architects, PLLC, (253) 351-8877, mjones @clarkarchitects.com prior to bid opening date. The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49 C.F.R., 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 23 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. The City encourages minority and women- owned firms to submit bids consistent with the City's policy to insure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The Contractor will be required to comply with all local, State, and Federal laws and regulations pertaining to equal employment opportunities. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required associated documents are executed in full. However, regardless of the date of award, or Notice to Proceed, the Contractor must complete all work under this project by December 31, 2015. RESERVATION OF RIGHTS: The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his bid after the hour set for the opening is delayed period thirty (30) days. thereof unless the award de ayed for a pe od exceeding rty ( ) y Dated the 27th day of January, 2015. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 5 2015 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. ❑ Bid Form (Attachment A) The Bid Form shall be completed and fully executed, including filling in the total bid amount. ❑ Bid Schedule (Attachment B) The unit prices shall be set forth in the space provided. ❑ Bid Signature Page (Attachment C) The Bid Signature Page shall be filled in and fully executed by the bidder. ❑ Bid Bond Form (Attachment D) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be less than five percent (5%) of the combined lump sum total bid amount and shall be shown in both words and figures. ❑ Combined Affidavit and Certification Form (Attachment E) This form must be subscribed to and sworn before a Notary Public and notarized. ❑ Contractor's Compliance Statement(Attachment F) and fully executed by the The Contractor's Compliance Statement shall be filled in an y y bidder. ❑ Contractor's Certificate of Registration The bidder shall pY a rovide copy of Contractor's current registration with the State of p Washington. ❑ Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 6 2015 SUCCESSFUL BIDDER'S CHECKLIST The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: ❑ Public Works Contract(Attachment G) The successful bidder will fully execute and deliver to the City the "2015 Dumas Bay Centre Carpet Replacement Project" Public Works Contract ("Contract') from these Bid Documents. ❑ Certificate of Insurance (Exhibit C) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. 1.1 Performance/Payment Bond (Exhibit D) The successful bidder will provide a fully executed Performance/Payment Bond as appropriate. ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 7 2015 SECTION 1: INSTRUCTIONS TO BIDDERS 1-1 Time and Place for Submission and Opening of Bids Sealed bids must be submitted by 3:00 p.m. local time on February 12, 2015, to the Purchasing Office of the City of Federal Way (the `City"), located on the second floor of City Hall, or received by US Mail at City of Federal Way, Purchasing Office, 33325 Eighth Avenue S, Federal Way, Washington, 98003-6325, and will be publicly opened and read aloud in City Hall Council Chambers on February 12, 2015, at 3: 00 p.m. local time. The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder accepts all risks of late delivery of mailed bids or of misdelivery regardless of fault. Late bids will be returned unopened. 1-2 Bid Form Bids shall be made on the"Bid Form", Attachment"B"issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1-3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself/herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1-4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 8 2015 1-5 Modification of Bid A modification of a bid already received will be considered only if the modification is received prior to the time announced for bid opening. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. 1-6 Examination of Bid and Contract Documents— Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and contract documents and has reviewed and inspected all applicable federal, state and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement. 1-7 Interpretation of Bid and Contract Documents No oral interpretations will be made to any bidder as to the meaning of the bid or contract documents and no oral communications will be binding upon the City. Requests for an interpretation shall be made by email, facsimile, or by mail and delivered to the David A. Clark Architects, PLLC, Attention: Michael Jones, mjones@iclarkarchitects.com, 33017-134th Avenue SE, Auburn, WA 98092-8519, at least 72 hours before the date announced for opening the bids. Any interpretation deemed necessary by the City will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 1-8 Addenda Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1-9 Bid Price The bid price shall include everything necessary for the completion of the contract including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government taxes, assessments and charges shall not be included in the various Bid item prices. The offer shall remain in effect ninety (90) days after the bid opening. In the event of a discrepancy between a unit price and an extended amount and/or the total price, the unit price will govern and the extended amount and/or total price will be corrected accordingly. However, downward correction of a bid, which would displace the apparent low bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 9 2015 1-10 Postponement of Bid Opening The City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. 1-11 Rejection of Bids A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and/or responsibility necessary to perform the work after considering the elements in Section 1-14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. B. The city further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. 1-12 Alterations to Documents Prohibited Any addition, limitation he bid ma render it informal or y or provision attached to may nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or telephonic bids or modifications will be considered. 1-13 Disqualification of Bidder If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. All bidders are required to submit the Affidavit of Non-Collusion (Attachment G) with their bids. 1-14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible bidder as evaluated by the City. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by the bidder to determine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 10 2015 B. Responsibility—The City will consider all the material submitted by the bidder, and other evidence it may obtain including information from previous project owners, to determine whether the bidder is responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder: 1. Mandatory Bidder Responsibility Criteria a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable: i. Have Industrial Insurance (workers'compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 2. Supplemental Bidder Responsibility Criteria a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have a reasonable history of successfully completed projects of a similar size and scope as required by the contract documents for this project. The City will evaluate whether the projects were"successfully completed"and of a "similar size and scope." c. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. 3. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the public works projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 11 2015 contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information regarding performance in the following areas; quality control; safety record; timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents; management of submittals process, change orders, and close-out. c. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B)(2) 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 and meeting the requirements of section 1-20(B). 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. C. Lowest Bid —The lowest bid shall be determined as set forth on the Bid Form. The acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. 1-15 Procedures When Only One Bid is Received In the event only a single responsive bid is received, the City reserves the right to conduct a price and/or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the right to reject such bid. 1-16 Bid Documents Bidders are required to submit with the bid package the following: A. Attachment A— Bid Form. B. Attachment B— Bid Schedule. C. Attachment C— Bid Signature Page. D. Attachment D— Bid Bond Form. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 12 2015 E. Attachment E— Combined Affidavit and Certification Form. F. Attachment F—Contractor's Compliance Statement. 1-17 Conflicts of Interest and Noncompetitive Practices By submitting a bid, the Contractor agrees as follows: A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and/or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. B. Contingent Fees and Gratuities 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 1-18 Bid Security No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5%) of the Combined Total Lump Sum Bid Price as indicated on Attachment B, `Bid Form", or a bid bond in the form of Attachment E or a letter of credit for a like amount. The check or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and/or performance bond required herein), in the event the contract is awarded to them, within ten (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond". If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond". Any questions as to the qualification of the banking institution or instruction shall be submitted to the City at least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 13 2015 The City further reserves the right to hold all bids (and the accompanying bid security) from the date of the bid opening until the contract and any performance/payment bond are executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. 1-19 Performance/Payment Bond The bidder to whom the City has awarded this Contract will remove the Performance/Payment Bond (Exhibit D) attached to the Public Works Contract and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100%) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance/Payment Bond (Exhibit D) shall in no way affect or alter the liabilities of the Contractor to the City under Section 8"Indemnification"of the Public Works Contract. The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment t h at the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1-20 Bid Dispute A. Any actual or prospective bidder, including sub-contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 14 2015 City of Federal Way Federal Way, Washington 98003-6325 Attention: Bid Protest -- 2015 Dumas Bay Centre Carpet Replacement Project RFB # 15-006 C. Upon receipt of a written protest, the City will promptly consider the protest. The City may give notice of the protest and its basis to other persons, including bidders involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the City, the City will promptly issue a decision in writing stating the reasons for the action taken and informing the aggrieved person of his or her right to appeal the decision to the Mayor or his or her designee. A copy of the decision shall be mailed (by certified mail, return receipt requested) or otherwise promptly furnished to the aggrieved person and any other interested parties who requested a copy of the decision. The decision will be considered final and conclusive unless appealed within five (5) calendar days after receipt of the decision to the Mayor or his or her designee. If the decision is appealed, then the subsequent determination of the Mayor or his or her designee shall issue within five (5) days of the Mayor's receipt of the appeal and shall be final and conclusive. D. Failure to comply with these protest procedures will render a protest untimely or inadequate and shall result in rejection thereof by the City. SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 2-1 Administration This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's subcontractors, if any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by Rob Ettinger, Dumas Bay Centre Manager. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to Rob Ettinger, Dumas Bay Centre Manager, for response. 2-2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 15 2015 2-3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: The City's Request for Bid, Bid Form, Bid Signature Page, Instructions to Bidders, Bid Bond, "2015 Dumas Bay Centre Carpet Replacement Project" Contract, General Contractual Terms and Conditions, Contractor's Compliance Statement, Combined Affidavit and Certification Form, Flooring Materials and Services Technical Specifications, Addenda and Change Orders, and the "2015 Dumas Bay Centre Carpet Replacement Project" Plan. The contract documents are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. 2-4 Charges to Contractor Charges which are the obligation of the Contractor under the terms of the contract shall be paid by the Contractor to the City on demand and may be deducted by the City from any money due or to become due to the Contractor under the contract and may be recovered by the City from the Contractor or its surety. 2-5 Change Orders The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order form from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this contract. 2-6 Work and Materials Omitted City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 16 2015 The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 2-7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. 2-8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. 2-9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least one (1) year from date of delivery and installation; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 2-10 No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. 2-11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other party. This contract shall be binding upon and inure to the benefit of the successors of the parties. 2-12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 17 2015 brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2-13 Hazardous Chemical Communication In order to comply with WAC 296-62-054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. B. If the product is actually used diluted, the dilution rate should be so stated in the MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. 2-14 Delivery and Liquidated Damages Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Section 1.3 of Attachment I, Public Works Contract, to compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2-15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. 2-16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 18 2015 whether or not complete (referred to in this subsection as "Subject Data"), shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2-17 Patents and Royalties The costs involved in license fees, royalties or in defending claims for any patented invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and hold the City, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. Should the Contractor, its agent, servants o r employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2-18 Disputes, Claims and Appeals Questions or claims regarding meaning and intent of the contract or arising from this contract, shall be referred by the Contractor in writing to the Purchasing Coordinator for decision within five (5) days of the date in which the Contractor knows or should know of the question or claim. The Purchasing Coordinator will ordinarily respond to the Contractor in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the tenth (10th) day following receipt by the Purchasing Coordinator. In the event the Contractor disagrees with any determination or decision of the Purchasing Coordinator, the Contractor shall, within fifteen (15) days of the date of such determination or decision, appeal the determination or decision in writing to the Mayor. Such written notice or appeal shall include all documents and other information necessary to substantiate the appeal. The Mayor will review the appeal and transmit a decision in writing to the Contractor within thirty (30) days from the date of receipt of the appeal. Failure of the Contractor to appeal the decision or determination of the City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 19 2015 Purchasing Coordinator within said 15-day period will constitute a waiver of the Contractor's right to thereafter assert any claim resulting from such determination or decision. Appeal to the Mayor shall be a condition precedent to litigation hereunder. All claims, counterclaims, disputes and other matters in question between the City and the Contractor that are not resolved between the Purchasing Coordinator and the Contractor will be decided in the Superior Court of King County, Washington, which shall have exclusive jurisdiction and venue over all matters in question between the City and the Contractor. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. Pending final decision of the dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the direction of the Purchasing Coordinator. Failure to comply precisely with the time deadlines under the paragraph as to any claim, shall operate as a release of that claim and a presumption of prejudice to the City. 2-19 Recycled Products The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post-consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi- component or multi-material products shall verify the percentage and type of post- consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 20 2015 Attachment B BID FORM CITY OF FEDERAL WAY 2015 Dumas Bay Center Carpet Replacement Project BID FORM Bidder: Rug'NSTON S Date: Z/241/ CARPET PATTERN HA—MAIN LOBBY,THEATER LOBBY,AND OFFICES (Refer to attached Drawing): Please provide pricing for carpet and base removal, repair of underlayment, subfloors, and uneven floor levels, normal floor and wall prep, installation of new carpet and base, and final clean up. Include 5%extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY U/M PRICE EXTENDED PRICE Carpet Tandus Soothing Collection"Liana-Modular SY Color:Brazilwood#29007 i` Or Mannington In Touch Collection"Contact"Modular Mt 4ti Color"Grenada#42094 I S kV. Rubber 4"Rubber Wall Cove Base Traditional—120'roM LF Z Base Standard Color—To be determined by Architect �'l'&� 1 s— I�7 .30 Transitions Standard Transitions LF ING` fi Services Replace(18)existing 2'x2'+/-plywood panels with new plywood to match depth of existing, surrounding plywood. Use floor leveling compound 2-60 as necessary to blend new to old plywood. _ r Services Install approximately 52'of Johnsonite LS-40 or equal Premium Transition and/or leveling compound in Theater Lobby where floor level between existing building and addition has created 140 uneven floor.Feather 1:96 min.slope. LUMP SUM 1A AMOUNT=$ 17/ 1i0 " City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 21 2015 CARPET PATTERN #1B-CONFERENCE ROOMS(Refer to attached Drawing):Please provide pricing for repair of underlayment, subfloors, and uneven floor levels, normal floor prep, installation of new carpet(existing wood base), and final clean up. It is anticipated that all these rooms will require abatement before flooring installation will occur. Include 5%extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY U/M PRICE EXTENDED PRICE Carpet Tandus Soothing Collection liana"Modular SY Color: Brazilwood#29007 Or Mannington In Touch Collection"Contact°Modular Siff 91 S) Z 2 �� Color"Grenada#42094 / Transitions Standard Transitions LF / 14410 �s LUMP SUM 1B AMOUNT=$ Z2- fc FsO CARPET PATTERN#2A-THEATER, REHEARSAL HALL,AND TRANSITION HALLWAYS(Refer to attached Drawing): Please provide pricing for carpet and base removal, removal and reinstallation of first two rows of theater seating(note: no flooring work will occur at seating risers above main floor), repair of underlayment, subfloors, and uneven floor levels, normal floor and wall prep, installation of new carpet and base (including at steps and riser up to first level of theater seating), and final clean up. Include 5% extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY U/M PRICE EXTENDED PRICE Carpet Tandus Soothing Collection°Cali°Color: SY Brazilwood#29007 Or Mannington In Touch Collection"Colleague" L 23 Modular .5341 Color"Grenada#42094 " 2 SSa Rubber 4"Rubber Wal Cove Base Traditional—120'rol LF Base Standard Color—To be determined by Architect 724 I t O$a Transitions Standard Transitions or as necessary for radius at LF !� existing stage. I NG1, Services Removal and reinstall first two rows of theater seating. 23/0 Services Replace(3)2'x2'+/-and(1)4'x2'+/-plywood panels with new plywood to match depth of existing surrounding plywood.Use floor leveling compound as necessary to blend new to old plywood. LUMP SUM 2A AMOUNT=$ Z.G ZZo City of Federal Way—Dumas Bay Centre RFB#15-006 Carpet Replacement Project Page 22 2015 CARPET PATTERN #2B—HALLWAYS(Refer to attached Drawing): Please provide pricing for repair of underlayment, subfloors, and uneven floor levels, normal floor prep, installation of new carpet(existing wood base), and final clean up. Include 5% extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY U/M PRICE EXTENDED PRICE Carpet Tandus Soothing Collection°CaNi Modular SY Color:Brazilwood#29007 Or Sag,Mannington In Touch Collection"Colleague" Modular 3 4i 2 Z �� Color."Grenada#42094 Transitions Standard Transitions LF PNG{% LUMP SUM 2BAMOUNT=$ 22'! IV/ CARPET PATTERN #3—BEDROOMS (Refer to attached Drawing): Please provide pricing for repair of underlayment, subfloors, and uneven floor levels, normal floor prep, installation of new carpet(existing wood base), and final clean up. It is anticipated that all these rooms will require abatement before flooring installation will occur. Include 5%extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY U/M PRICE EXTENDED PRICE Carpet Tandus Soothing Collection"Locale 11'Modular SY Color.Brazilwood#29007 Or Mannington In Touch Collection"Converse" Modular 'Z 'ft b� M S I i S b d Color°Grenada#42094 Transitions Standard or Premium Transitions-Contractor to LF verify at existing restrooms. J7 NC i. LUMP SUM 3 AMOUNT=$ 6'I/ SS O City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 23 2015 CARPET PATTERN#4-ENTRY WALK-OFF(Refer to attached Drawing):Please provide pricing for carpet removal, repair of underlayment, subfloors, and uneven floor levels,normal floor and wall prep, installation of new carpet,and final clean up. Include 5%extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY _ U/M PRICE EXTENDED PRICE Entry Mannington Traverse-21'X 6'Minimum Area SY / Carpet Color to Be Selected By Architect I g _ ip I 2-V) Transitions Standard LF IN 44. 41 LUMP SUM 4 AMOUNT=$ t.Sto RUBBERIZED STAIR PATTERN#5-STAIRWAYS(Refer to attached Drawing): Please provide pricing for carpet removal, repair of underlayment, subfloors, and uneven floor levels, normal floor prep, installation of new rubber stair components (existing wood base and skirt), and final clean up. It is anticipated that the stairwells will require abatement before flooring installation will occur. Include 5%extra flooring material for owner supplies. Washington State sales tax is not to be included. ITEM DESCRIPTION QTY U/M PRICE EXTENDED PRICE Rubber Roppe Rubber Tile Raised Square Pattern#94(or Stairs equal)for landings,risers,and treads. Treads to �/�,, {,ft have insert grit and contrasting color strip-Color 0 eltster I o,94 to be selected by Architect Transitions Standard Transitions LF )NGL LUMP SUM 5 AMOUNT= $ 1 Di Si0 COMBINED(1A,1 B,2A,2B,3,4,5)TOTAL LUMP SUM BID AMOUNT=$ I S-211.10 ° UNIT PRICE: Provide unit price per door to trim bottom of wood door as necessary for clearance of new installed carpet. TRIM BOTTOM OF WOOD DOOR UNIT PRICE/DOOR= UNIT PRICE: Provide unit price per square foot for extensive repair of plywood underlayment deemed as °`Additional°per the attached specifications. Should the flooring contractor discover damaged conditions (beyond what is described above as base bid), the Owner reserves the right to challenge the Contractor's determination and negotiate a fixed price for the work. Labor rate shall be per the current prevailing wage rate for Journey Level Soft Floor Layers. ADDITIONAL UNDERLAYMENT REPAIR UNIT PRICE/SQUARE FOOT AMOUNT= b City of Federal Way-Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 24 2015 To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 Pursuant to and in compliance with your advertisement for bids for construction of 2015 Dum s Bay Centre Carpet Replacement Project,and other documents relating thereto,the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of 2015 Dumas Bay Centre Carpet Replacement Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above-referenced amount, (Washington State sales tax not induded in bid form), and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5%) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the 2015 Dumas Bay Centre Carpet Replacement Project Public Works Contract and to provide the required certificate of insurance bo the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. sip ift,,o S'!. Bond or Certified Check Dollars ($ ) The Bidder shall complete this entire Bid Form or this bid may be considered non-responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. Receipt of the following Addendums is hereby acknowledged: Addendum No. f`!I? Date Issued: Addendum No. h!J Date Issued: LL C Zra 51 lMs C6Arrit ( C 11‘1. Corporation/Partnership/Individual Firm Name (Delete Two) gv eiro t Go Bidder's State License No. Signature Got `12 14 C. Scat. bolter.r Aimv1L Bidder's State Tax No. Title City of Federal Way—Dumas Bay Centre RFB#15-006 Carpet Replacement Project Page 25 2015 • Attachment C PROJECT TIME SCHEDULE Pre-Bid Conference(3:00 PM) February 18, 2015 Bid Date (3:00 PM) February 26, 2015 Council Approval March 17, 2015 Contract Finalized March 18, 2015 Notice i To Proceed March 18, 2015 Phase One Installation July/August 2015 Phase Two Installation Fall 2015 Phase Three Installation December 2015 Substantial Completion December 31, 2015 `tiYJ City of Federal Way—Dumas Bay Centre RFB#15-006 Carpet Replacement Project Page 26 2015 Attachment BID SIGNATURE PAGE Date: 221. I ter The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the 2015 Dumas Bay Centre Carpet Replacement Project and comply with all other terms and conditions of the contract and bid documents of RFB 15-006. No bidder may withdraw his/her bid for a period of ninety (90) days after the day of bid opening. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent(5%)of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership,joint venture or corporation. L t,.L s Capet At' /1 T Corporation/Partnership/Individual Company (Delete Two) By: ,1 (Signat -) �Jesse DeAsba (Printed Name) Its: S6t .o1 P9e16e1 S it4d t.- (Title) 56 I S. 1.44.11.4 it I co Stott td 1 (,..bk '31`!of (Address) elee4) %I— Sb t (Telephone ne Number) City of Federal Way—Dumas Bay Centre RFB#15-006 Carpet Replacement Project Page 27 2015 AttachmentE BID BOND FORM Herewith find dept in the form of a certified check, cashiers check, cash, or bid bond in Not to exceed the amount of$ 5%of the bid amt, which amount is not less than five percent(5%)of the total bid. BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, Rubenstein's Contract Carpet,LLC , as Principal,and Fidelity and Deposit Company of Maryland , as Surety,are held and Not to exceed firmly bound unto the City of Federal Way, as Obligee, in the penal sum of 5%of the bid amt Not to exceed and_„/100 dollars ($ 5%of the bid amt ),for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators,successors and assigns,jointly and severally, by these presents. The condition of this Obligation is such that if the Obligee shall make any award to the Principal for: 2015 Dumas Bay Centre Carpet Replacement Project, RFB#15-006 According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter iin r a contract with the Obligee in accordance with the terms of said , proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety shall forthwith pay and fork&to the Obligee as penalty and liquidated damages,the amount of this bond. SIGNED,SEALED AND DATED THIS 24th DAY OF February , 2015, Ru 1.-in's I ntractC,_,;ghLLC Prin .. � � F delft r ..nd D �o • Maryland S. dra R. ;l.ck,A t• ey-' -Fac D:te: I A. r 201 Received return of deposit in the sum of$ City of Federal Way—I eam as 3Bay Centre RFB#15-006 Carpet Replacement Project Page 28 2015 h CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of nnCalifornia On PO\K before me, E. Johnson, Notary Public , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Sandra R. Black Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), JOr"..A.A-A-A-A-Aj1/4.'%-4-A-A-A-A-1,410 .. HNSON and that by his/her/their signatures) on the instrument the - c COMM.*19 77 t !,,_ 54 5 or the entity upon behalf of which the person(s) person(s), o t e e ty p p ( ) �' �`�� NOTARY acted, executed the instrument. �qr+!� SACRAMENTO COUNTY a Comm.Exp.OCT.15,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and off ial ea l. Signature V • Place Notary Seal Above Signature of Notary u lic E.Johnson OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Sandra R. Black Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General iyj Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Fidelity and Deposit Company of Maryland Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by FRANK E.MARTIN JR. Vice President,and ERIC D.BARNES,Assistant rP �' Y JR., Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said �y,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Sharon J.RUSCONI and Sandra R.BLACK, •. `ttrr o, ' •Iinia, EACH its true and lawful agent and Attorney-in-Fact,to make,execute, seal �r 0,-� • o • is 'i e y,and as its act and deed: any and all bonds and undertakings,and •., , • . h1 •- e '+ gs'in pursuance of these presents,shall be as binding upon said Co t ►• ;• d a •1 , `IA d purposes,as if they had been duly P d y �� Y executed and acknowledged by ``��(e,� ��1` cted • fi , 4•f �:��pany at its office in Baltimore,Md.,in their own proper persons. Th' 1;{,, att rney re • t+• ,. . .ehalf of Sharon J.RUSCONI,dated May 21,2003. The said Assistant - . • a. ∎ "• at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- •, ••. y,and is now in force. IN WITNESS W1 REOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of September,A.D.2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND *to DEP No ti� #1 0 re ; nyy y qr *Ain , ��f CC Jt�v By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland ss. City of Baltimore } On this 20th day of September, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR.,Vice President, and ERIC D.BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Jy i17 , ''///1,11111''''' Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-3810 Attachment G City of Federal Way COMBINED AFFIDAVIT AND CERTIFICATION FORM Non-Collusion,Anti-Trust, Prevailing Wage (Non-Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other Bidder or Bidders; and NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such 99 9. b � p activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected; and CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from anti- trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all daims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception; and PREVAILING WAGE AFFADAVIT I, the undersigned, having duly sworn, deposed say and certify that in connection with the performance of the work of this project, will pay each classification of laborer, workperson, or mechanic employed in the performance of such work, not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set forth therein, is true to my knowledge and belief; and City of Federal Way—Dumas Bay Centre RFB#15-006 Carpet Replacement Project Page 29 2015 DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exdusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three(3)years. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2)within the last two years.The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five-year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, induding subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. FOR: Non-Collusion Affidavit, Assignment of Anti Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment Affidavit,Affidavit Of Eligibility, and Certification of Lawful Employment. 2015 Dumas Bay Centre Carpet Replacement Project, RFB #15-006 Name of Bidder's Firm f�vs 4.•1 • Signature of Authorized Representative of Bidder Su to before me this U day of-c_-'o(`C -j ,--288=. bile a tg to Wool ington RYSTAI, A PANI(R,q MV commiQ$ION EXPIRES ; C •�', v)IV �� 'L �k_��,-t October 10,2016 (printed/typed name of notary) Notary Public in and for the State of Washington My commission expires: c`c \,(> City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 30 2015 Attachment H CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: 72S'/f5 This statement relates to a proposal contract with the City of Federal Way named 2015 Dumas Bay Centre Carpet Replacement Project, RFB #15-006 I am the undersigned bidder or prospective contractor..I represent that: I ghave, ❑ have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. v 8E94 fNsmtT r - Name of Bidder By: ( i(0M!& - . Signature Its: Ir'ci'e _ Title faCY 'Q„f' S ) Or- (1$l0E Address City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 31 2015 Attachment G PUBLIC WORKS CONTRACT FOR 2015 DUMAS BAY CENTRE CARPET REPLACEMENT PROJECT, RFB #15-006 THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of , 2015 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner"), and Rubenstein's Contract Carpet, LLC, a Washington Limited Liability Company ("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete carpet replacement at the Dumas Bay Centre and Knutzen Family Theatre, located at 3200 SW Dash Point Road, Federal Way, Washington ("Property"); and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the 2015 Dumas Bay Centre Carpet Replacement project, including without limitation: Installation of the associated carpeting per the bidding specifications in the Dumas Bay Centre and i mutually agreed upon and dates to be Knutzen Family Theatre per industry standards on a timeline mutua Y 9 P Y P rY determined based on availability and access to individual areas. The floor preparation and installation are included in the pricing of this contract and methods must meet industry standards to ensure long term usage in a high traffic environment. Carpet services shall include but not be limited to: installation of standard carpet, walk-off entry carpet, rubber base, transitions, removal of existing carpet and base, coordination of owner-hired abatement contractor for removal of hazardous material, and repair of existing underlayment and/or subfloor., ("Work"), in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Certificate(s) of Insurance Form attached hereto as Exhibit C, Performance / Payment Bond attached hereto as Exhibit D, Title VI Assurances attached hereto as Exhibit E, Flooring Plan and Specifications attached as Appendix A, current Prevailing Wage Rates attached as Appendix B, Warranties attached as Appendix C, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before December 31, City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 32 2015 2015. In the event the Work is not substantially completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit"A". 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T Where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. 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 this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B", which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 33 2015 If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than January 15, 2016 to complete, and the expiration of all warranties contained in the Contract Documents ("Term'). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the P lans and specifications in connection with the completion of the p Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract; provided, however, that this warranty may extend beyond this time period pursuant to the warranties attached hereto as Appendix C and incorporated by this reference. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 34 2015 constitute waiver, modification or exclusion of any express or implied warranty or any right under this Contract or law. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed One Hundred One Thousand Four Hundred Thirty and 00/100 Dollars ($101,430.00), and Washington State sales tax not to exceed Nine Thousand Six Hundred Thirty Five and 85/100 Dollars ($9,635.85); for a total amount not to exceed One Hundred Eleven Thousand Sixty Five and 85/100 Dollars ($111,065.85); which amount shall constitute full and complete payment by the City ("Total Compensation"). 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work and labor performed and materials furnished under the contract according to the price in the proposal unless otherwise provided. Partial payments will be made once each month, based on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Engineer and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit E. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 35 2015 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. CITY'S RIGHT TO TERMINATE CONTRACT 7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be terminated without cause upon oral or written notice delivered to Contractor from the City. Upon termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at the City's option, become its property. In the event Contractor is not in breach of any of the provisions of this Contract, Contractor will be paid for any portion of the Work which has been completed to the City's satisfaction, calculated by the percentage amount that portion of the Work completed and accepted by the City bears to the Total Compensation. 7.2 Termination For Cause. The City may immediately terminate this Contract, take possession of the Property and all materials thereon and finish the Work by whatever methods it may deem expedient, upon the occurrence of any one or more of the following events: (1) If the Contractor should be adjudged a bankrupt. (2) If the Contractor should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Contractor. (4) If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the Work. (5) If the Contractor should fail to complete the Work within the time specified in this Contract. (6) If the Contractor should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 36 2015 (7) If the Contractor should fail to make prompt payment to subcontractors or for material labor. (8) If Contractor should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. (9) If Contractor should persistently disregard instructions of the Mayor or his or her representative. (10) If Contractor shall be in breach or violation of any term or provision of this Contract, or (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Contractor and Contractor shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses in completing such Work. (3) Take Possession. The City may take possession of the Property and any equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 37 2015 persons or entities, including without limitation, their respective agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made"or"claims paid"form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by the Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "C", which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 38 2015 9.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self-insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self-insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non-acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. 10. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "D" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. 11. 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 municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This contract is subject to the minimum wage requirements of Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal-aid projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's"Decision Number"shown in Appendix B. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 39 2015 The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296-127 WAC, or the Federal Davis-Bacon and Related Acts (DBRA) to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296- 127-010 WAC, complies with all the requirements of Chapter 39.12 RCW. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit to the Project Manager the following for itself and for each firm covered under Chapter 39.12 RCW that provided work and materials of the contract: (1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form number F700-029-000. The City will make no payment under this contract for the work performed until this statement has been approved by State L&I and a certified copy of the approved form has been submitted to the City. (2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number F700-007-000. The City will not release to the contractor any funds retained under Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have been approved by State L&I and a certified copy of all the approved forms have been submitted to the City. The Contractor shall be responsible for requesting these forms from the State L&I and for paying any approval fees required by State L&I. Certified payrolls are required to be submitted by the Contractor to the City, for the Contractor and all subcontractors or lower tier subcontractors. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 40 2015 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for any materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration identifier number; is not with the State of Washington; has a current state unified bus iness d number; disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 41 2015 18.2 Subcontractor Contracts. 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 the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers'compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 42 2015 default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties 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 herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. CITY OF FEDERAL WAY/l 44e J By: / is 71')/ /5cAie Jim Fer -II, Ma or 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: AO:tail—IA LA l'•rk, Stephanie Cou City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 43 2015 APPROVED AS TO FORM: -fi,eCity Attorney, Amy Jo Pearsall RUBENSTEIN'S CON `' A CT CARPET, LLC By: (Signature) ir (Name) 501 g `b' g1W Sw*r r&$ P4- IO Y (Address) 104 1 Is 3. O 14 (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF K I r ) On this day personally appeared before me �eSS-e. Dent Son , to me known to be the Cir 1'rOJcJ Marra of Pjt tbenSf&n5 (`ixt-fretd'(�t6i i executed the foregoing instrument, and'acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this 15 day of M A y , 2015. tank s.\\,4...oc•Ck �'�• ,,� (typed/printed name of notary) p?cSS X4;04 Notary Public in and for the State of Washington. 0.5--A1)/ o p1ARy N�': _ My commission expires C7S" 9 =�� i�'�q�03.05 /0,1c OF OFWikn\• ' City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 44 2015 EXHIBIT A 0 Oe lerall 0 Revi*ed# NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: ContraCtOr's UHT Number; ' - of, Nome&Mang Addrests of Public Department Um Osaiy Assigned to: Date Assigned: UM Number: as reitatisc to the wen., 0 au• comma or - , I described below • outrutt:'u •,r o. • • titgrati,,g 0 Yea 0 No t c p4 . . a "‘a a me' • r , fended tramparastion pridett? 0 Yes 0 No Ør y , ,,male Contract Nand Statement beam) eatrartur s tune in a i ' e p,,fie• I Wita '''M . ■ ease sr ect onto I o ,w ag a , t laty a "ante : :a . f'am■,r. 0 Retain;1-, Bond 0 ConnactiTa ncnt and valid in Mean &Wei inn$, MANI MTMIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIMIIIII Bond Norobnr, me :oritract Arise&, t k ", ',omens 0 ate 'or Viet-, I ate or Wert Sob traders used on this , -mit?limn • -- co , te Addendum A. II N Yes o Affidavit liss-No Lid releasewili be grassed mil all affidavits are listed. Contract.Amount S Additions (it) S Liquidated Damages S Reductions ( ) 5 Amount Disbtused S Sub-Total $ f)09 Amount Retained$ Arnow*.of Sal m;Tax t If owil)ut=au.sppiy,***a..-rut*klesuktiowt+ S TOTAL 5 4-Lid TOTAL 5 0,00 illiMINOMMUNIIIIINNIEMMI NO '-.7 ''''ese two aka,mak be egad Comments:- Nate;The Diabursiag Wear,mum submit this completed mice immedistely ain't'anus ef the work clone under this eannact.. NO PAYMENT SIMI".&MADE FROM RrrAINELI Ft)NOS um reozipt at all reteetee cartaticetes. Subatitti- tante Pieerse subeint the c. ,• ed kern be malt to,It three ,I.ehejea helm,. Contact Name: Title: Email Address: Phone Number: Departmental'PkW611611 Pablic WAN Section OW 704.50SO (€11 .<9,,,,. Ici!),Voldnotroattis.bermetworo of Labor&industries Corotmrck Release 0661,545-M OS Wiwi 4 4 Enipectineent skosty 4:: CN,Frown.* Reoletwoon,knomity, — Stortitinne&Connenottion Unit Contontkonotice&we neiTGO4 Me)902.44641 pol*Wori-staig4hs*Iftv REV 31 Ofarie,liV7t14) n t 5-u3a-000t4-2014 City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 45 2015 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes❑ No If"Yes"Will the Policies Be Extended? ❑ Yes❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED Q UANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QUANTITY UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S DEPT. DIRECTOR/MANAGER DATE SIGNATURE SIGNATURE City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 46 2015 DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $ ❑ DECREASED$ PAY THIS ADJUSTED AMOUNT $ DEPARTMENT DIRECTOR'S SIGNATURE City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 47 2015 EXHIBIT C CERTIFICATE OF INSURANCE • City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 48 2015 --..'1 OP ID: CH AC'OR0 DATE(MM/DO/YYYY) -- CERTIFICATE OF LIABILITY INSURANCE 05106/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:ACT Beckie Graves Alfred J.Davis Company PHONE i FAX P.O.Box 1776 ....A/c_No,Euq 503-226-3801 i(A/C No): 503-226-0376 Portland,OR 97207 E-MAIL N.Dickson Davis ADDRECERbeckie @alfredjdavls com cusTOMER ID#:RUBEN-1 -T. ^_ INSURER(S)AFFORDING COVERAGE NAIC# INSURED Rubenstein's Contract INSURER A:Travelers Property Casualit 25674 Carpet,LLC Y PO Box 80544 INSURER B:The Travelers Indemnity Co 25658 Seattle,WA 98108-2570 INSURER c:First Mercury INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 1ADDL SUER --- O_. NUMBER__-- - ---- IMM/POLICY M/DD/YYY LIMITS LTR I INSR WVD POLICY NUMBER (MM/DDIYYYY) (MMlDD/YYYY) GENERAL LIABILITY :EACH OCCURRENCE __ $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 630 6F055289 03/15/2015 03/15/2016 i DAMAGES( RENTED 1,000,000 . PREMISES(Ea occurrence) $ CLAIMS-MADE 1 X OCCUR MED EXP(Any one person) $ 5,000 X WA Stop Gap 630 6F055289 03/15/2015 03/15/2016 i PERSONAL&ADV INJURY $ 1,000,000 X Contractual&XCU 630 6F055289 03/15/2015 03/15/20161 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY I X JECT 1 I LOG !Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY X I COMBINED SINGLE LIMIT $ 1000,000 (Ea accident) ' B X ANY AUTO 810 630 6F055289 03/15/2015 03/15/2016 , - I BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS 1 PROPERTY DAMAGE HIRED AUTOS (PER ACCIDENT) $ NON-OWNED AUTOS $ - •UMBRELLA LIAB X OCCUR i EACH OCCURRENCE $ 10,000,000 )( EXCESS LIAB CLAIMS MADE; AGGREGATE $ 10,000,000 C X CA-EX-0000052645-01 03/15/2015 03/15/2016 ..........._ DEDUCTIBLE $ _ RETENTION $ Nil $ WORKERS COMPENSATION I I WC STATU- i OTH- AND EMPLOYERS'LIABILITY i !TORY LIMITS y ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE 630 6F055289 03/15/2015 03/15/2016 I E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A ....... ......_-. (Mandatory in NH) EMPLOYERS LIABILITY 1 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 • If yes,describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , , • A Installation QT 660 2F243181 TIL 15 03/15/2015 03/15/2016 1Limit 1,000,000 Floater 1 I Transit 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:2015 Dumas Bay Centre Carpet Replacement Project(RFB#15-006) See notes for additional insured wording. Installation Floater includes coverage for materials in storage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY y ACCORDANCE WITH THE POLICY PROVISIONS. Parks&Recreation Dept 33325 8th Ave South AUTHORIZED REPRESENTATIVE Federal Way,WA 98003 ; L ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE RUBEN-1 PAGE 2 INSURED's NAME Rubenstein's Contract OP ID: CH Date 05/06/2015 JI The City of Federal Way, its officers, officials, employees, volunteers, and agents are named additional insured for General Liability on a primary and non-contributory basis when required by written contract, per attached CGD246. Additional insured status applies for Auto Liability per attached CA2048. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED— (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance' applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether priniary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III--Limits Of Insurance, for such foss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to"bodily injury", "prop- the additional insured by this endorsement still is sured n" or ly to"bodily arising out excess over any valid and collectible "other in- erty the damage" "personal, failure injury" render, any surance", whether primary,.excess, contingent or of professional architectural, engineering or sur- on any other basis, that is available to the addi- professional architectural,itectuing: tional insured when that person or organization is an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: dens or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance"which would • or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. I. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means Ii. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or"suit"as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or"suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 EXHIBIT D Bond Number:09049950 CITY OF FEDERAL WAY Premium:$2,221.00 PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Rubenstein's Contract Carpet,LLC , ("Principal') and Fidelity and Deposit Company of Maryland , the undersigned corporation organized and existing under the laws of the State of Maryland and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of One Hundred Eleven Thousand,Sixty Five Dollars&85/100 Dollars and no/100 ($_ $111,065.85 ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns,jointly and severally. This obligation is entered into an Agreement with the City dated , 20 for Dumas Bay Centre Carpet Replacement Project;RFB#15-006 NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the. default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 49 2015 • • In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this 13thday of May , 2015 . Rubenstein's Contract Carpet,LLC CORPORATE SEAL OF PRINCIPAL: PRINCIPAL By: 1/4tg,;egjiYP_______ (Name of Person Executing Bond) • Its: M P (Title) 501 South Lucile Street,Ste. 100 Seattle,WA 98108 (Address) 206-762-5610 (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day ersonally appeared before me & Y1 Ct\\ �Lk Te-A. .`Y\ ,to me known to be the ' 'P/1.0M— of r . A ! : .A C that executed the foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this . ' v ay of it A , 2015. m►_ 1. a. '� ®i1 KARYSSA GIBBS �V .s rA/._, Notary Pubiic (typec'•rinted na—r notary) State of Washington Notary Public in and for the St too Washin ton. ►HY Commission Expires February 1 7, 2019 My commission expires -�« 20t City of Federal Way–Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 50 2015 CORPORATE SEAL OF SURETY: Fidelity and D- ..sit C. pan of Maryland By: 4119 . rdiropp ttorne i Fa �'.- • (Attach P•wer of Attorney) ,and • R.Black,Attorney-in-Fact (Name of Person Executing Bond) 2381 El Camino Avenue Sacramento,CA 95821 (Address) 916-481-8108 (Phone) APPROVED AS TO FORM: 7141 4 7ff-,-, cor Amy Jo Pearsall, City Attorney City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 51 2015 I f � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Sacramento On 5/131t5 before me, E.Johnson , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Sandra R. Black Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they E. JOHNSON executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the COMM.#1954775 E or the entity upon behalf of which the person(s) Yu.� NOTARY PUBLIC•CAUFORNIA person(s), Y P P O ;� acted, executed the instrument. z �.'.: / SACRAMENTO COUNTY � �Comm.Exp.OCT.15,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand an official eal. Signature V• Place Notary Seal Above Signature of Notary Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Sandra R. Black Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General [i Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: — Signer is Representing: Signer is Representing: Fidelity and Deposit Company of America • , Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by FRANK E.MARTIN JR.,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said y,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d :-y . ' . ereby nominate, constitute and appoint Sharon J.RUSCONI and Sandra R.BLACK I , S ,*r nt'o, , , ia, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal .•: y ,- ,!• ,- \td o,1 • ;15' 0 y, - ,and as its act and deed: any and all bonds and undertakings,and t p 'ji `sxc *�"=`fi ' ,K.. 's gs in pursuance of these presents, shall be as binding upon said Co p yi1 a 1 , 1 . d purposes,as if they had been duly executed and acknowledged b 1�1 ..acted 4 k *. i pany at its office in Baltimore,Md.,in their own ersons. TI . ,sa re . ,a; °s log calf of Sharon J.RUSCONI,dated May 21,2003. proper P �� The said Assistant S •.N. :. a. i0.. • at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-I ;', .• 'any,and is now in force. IN WITNESS WI IEF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of September,A.D.2010. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND I. fa O'v o W ww a. 4 /��/ � � 'f/�T!"NFL� �(�4�� .� By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland } ss. City of Baltimore On this 20th day of September, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E.MARTIN JR., Vice President, and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4 • l' -` ,'''/)11111i1 0' Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-3810 EXHIBIT E TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the"contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 52 2015 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 53 2015 APPENDIX A FLOORING PLAN AND SPECIFICATIONS City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 54 2015 APPENDIX A-PLAN / w w cp w (i) • w kla 0 .L-.) r : . 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U.11.12qa. 0e (i) M0 -1 . i "'• • • 4— - . 8 m 0 h.., — w .....mi. -- APPENDIX B PREVAILING WAGES AND BENEFIT CODE KEY City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 55 2015 a, 0II z I E1 t I 0-----T 0 0 0 0 0 0 0 0', mI cn 0 I o I = .:calalaaaaa D!m 1.-1 to m n a o3 ,c.1 Q., O n O01 N IA N',M V1 n co O N N m M 1 M M M a CU I I I c I I a, I 0., 0. a _ p NI OIIO 0 0 0 0 0 0 ! o 010 m a1N,I toD OIL,W H =I I a, o o c 1 I Z I Iw I •--i .-. .-i ti ,-, ,-1 —II.-1 .n 0 0 0 0 0 0 0 CU 3 0'o Om ao,vo, too ° E 1 x° I I E i c I a, OD' O 0 m1 I i 1 1 I a'a a s a s a1a 13333331' C C CC E E I 1 WV a, a, a, a, W V Y',Y.Y Y Y Y I a, a,I a,1I a, a, a, a, a, I 31 1 133'3 . ' WV V V T T > > - - T J J J J 313L313 a,1a, a., a,I VIa,ia,1V i._I IH H H1HiH I H H.H j 01 0 0 0 0I 0 01 0 , to N I V, N Vf to V, VI I oZ! oZS I o2S I Ce$ o.5 I oZS oZS'oZS I E E, EI, E E E E, E 7 V 7, V 3'... O 7' V a,'.. a,I a, a, a, a, a,1 a, 'I C O 11 0 0 0 0 0 0 0 O' C I C C C C C C C T. 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O. 0. ri: O O 0 0. 0_ 0... 0_ 0.' 0_ O_I 0- $ i.-. _�_ a a a ata a a a O 1 1 L N ,_ L L ,_ L ,_ ,_I V o I 1 v a, a,1 ar ar a, ar W l W gm I as as co 03 as m' 0 m 1 J —11—t J —11-1 J 1 J J O O O 0 0 0 0 0 0 a,, a,1 1 ILL 263, LL LL LL IL LLILLI 17- LL m 1$1• . 1 t t$0NI , 0 0 0 0 0 C O O O V, V1 V) > > > C 0O 1 j to 00 00'. 00 on on OD 00 `. 0 1 C 0 C C C C C C C C 0- 0I I2, I 10 X.XYY X Y YIY APPENDIX C WARRANTIES City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 56 2015 Roppe Rubber Stair Treads Raised and Smooth Profiles ROPPE. product Data Proven.Floorin Section 9 g. Experiences. Resilient Flooring Warranty Roppe Corporation manufactures and markets its product under the trade name Roppe Rubber Stair Tread is warranted for a period of one(1)year from date of installation to be free of defects in material and workmanship.Roppe has both a three(3)year(See Limited Wear-Warranty)and five(5)Year Limited Wear Warranty on Roppe Rubber Stair Treads for non-transit use,based by product design and installation purpose, if installed,maintained,and used strictly in accords with Roppe's written instructions and installed with the recommended Roppe adhesive.Roppe will not warranty Rubber Stair Tread products against fading or discoloration when exposed to direct sunlight or indirect sunlight.This Limited Warranty only applies to Rubber Stair Treads which has been installed,maintained,and used strictly in accordance with Roppe's written instructions and is valid only under normal wear and traffic conditions in a use for which it was designed. Instructions may be obtained from a Roppe distributor or by writing Roppe,Attention:Internal Sales Manger, P.O. Box 1158,Fostoria,OH 44830.Notice of any defect must be made in writing to Roppe within thirty(30)days after buyer learns of the defect.No merchandise is to be returned prior to Roppe's inspection and written approval.Buyer s sole and exclusive remedy for breath of this Limited Warranty shall be a pro rata credit,based on the period remaining in this Limited Warranty,toward the purchase of new Rubber Stair Tread,or in the event Rubber Stair Tread is not available,other similar or equal Roppe Rubber Stair Treads_Replacement credit shall be equal to the proportion of Limited Warranty time remaining multiplied by the current price of Rubber Stair Tread or the last price if Rubber Stair Treads are not available_In no event shall Roppe be liable for incidental or consequential damages,even if some other provision of this Limited Warranty is unenforceable_Buyer waives all other claims,and remedies against Roppe,whether statutory,based in common law or in equity,and including,but not limited to direct,indirect special,incidental,and consequential damages_In order to use this Limited Warranty,Buyer must present this Limited Warranty and proof of time of purchase to Buyers Roppe representative.Roppe shall have no liability Whatsoever to Buyer in the event the goods become defective if such defect is caused in whole or part by cuts,tears,vandalism,fire,willful destruction,improper installation,or improper maintenance,accident or act of God.This Limited Warranty is valid only if Rubber Stair Treads are installed pursuant to the Limited Warranty, using Roppe's recommended adhesive.These warranties are expressly in lieu of any other warranties expressed or implied, including, but not limited to any implied warranty of merchantability or fitness for a particular purpose.By retaining Roppe's merchandise for more than five(5)days after receipt of such merchandise, Buyer agrees that it accepts the terms of this Limited Warranty and that there are no warranties or rights beyond those contained herein. Rubber Stair Tread are not designed for use in or near commercial kitchens.Read the Rubber Stair Tread Data information concerning Product Limitations,Installation,and Maintenance available from a Roppe Distributor or Roppe Customer Service Representative. Page I of 4 I Roppe Caparation.Printed in the U.S.A. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 57 2015 Roppe Rubber Stair Treads Raised and Smooth Profiles ROPPE. P r uduc t Data Section 9 Proven.Flooring. Experiences* Resilient Flooring RUBBER STAIR TREADS LIMITED COMMERCIAL WARRANTY BY PRODUCT DESIGN Wear Stair Tread Design Recommendadon Limited liVarranties Raised Square Design Heavy Traffic 5 years Raised Circular Heavy Traffic 5 years Low Profile Raised Normal Traffic 3 years Heavy-Duty Abrasive Heavy Traffic 5 years Light-Duty Abrasive Normal Traffic 3 years Rib Designs Normal Traffic 3 years Heavy-Duty Smooth Heavy Traffic 5 years Light-aity Smooth Normal Traffic 3 Years Design Diamond Desgn Normal Traffic 5 Years Hammered Design Normal Traffic 5 Years Textured Design Normal.Traffic 5 Years Page 2 of 4 I *Roppe Corporation.Printed n the USA. City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 58 2015 Roppe Rubber Stair Treads Raised and Smooth Profiles ROPPE. Product Data Section 9 Proven.Flooring.Experiences. Resilient Flooring Safe Teak Treads Refer to Style Specified Refer to Styie Specified Antifungal,Flame- Retardant&CM/Grease Refer to Stye Specified Refer to Style Specified Resistant Formdations *Limited Wear Warranty Terms(Products Types&Design:Light-Duty Abrasive,Rib Design, Low Profile Raised and Light-Duty Smooth Rubber Stair Treads) If excessive wear is suspected.the original purchaser must notify Roppe Corporation hi writing and permit an inspection of the flooring..If Roppe Corporation determines excessive wear,and the flooring has been properly installed and maintained,Roppe Corporation will replace the flooring based on the following terms: A. Terms a. Within One-Year If excessive wear is determined by Roppe within one(1)year of installation,Roppe will furnish new material of the same or similar style and color sufficient to repair or replace the defective material.Roppe will also pay reasonable labor cost once submitted in writing and approved. b. Within Two-Years:If excessive wear is determined by Roppe within two(2)years of installation,Roppe will furnish new material of the same or similar style and color sufficient to repair or replace the defective material.Roppe will also pay fifty-percent(50%)of reasonable labor cost once submitted in writing and approved. c. After Two-Years&Within Three Years:If excessive wear is determined by Roppe after two(2)years and within three(3)years of installation, Roppe will furnish new material of the same or similar style and color sufficient to repair or replace the defective material.Roppe will not pay labor cost for material installed after two(2)years and within three(3)years of installation. * Limited Wear Warranty Terms(Product Type&Design:Raised Square, Raised Circle, Heavy- Duty Abrasive,Heavy-Duty Smooth,Diamond Design, Hammered Design and Textured Design Rubber Stair Treads) If excessive wear is suspected,the original purchaser must notify Roppe Corporation in writing and permit an inspection of the flooring.if Roppe Corporation determines excessive wear,and the flooring has been properly installed and maintained,Roppe Corporation will replace the flooring used on the following terms: Page 3 of 4 I e Roppe Corm-akin,Printed in the USA City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 59 2015 Roppe Rubber Stair Treads Raised and Smooth Profiles ROPPE. Ptoduct Data Proven.Floor6 Section 9 sg.Experiences. Resilient Flooring a.° • B. Terms: a Within One-Year If excessive wear is determined by Roppe within one(1)year of installation,Roppe WiH furnish new material of the same or similar style and color sufficient to repair or replace the defective material.Roppe will also pay reasonable labor cost once submitted in writing and approved.. b.. Within Two-Years:If excessive wear is determined by Roppe within two(2)years of installation,Roppe will furnish new material of the same or similar style and color sufficient to repair or replace the defective material.Roppe Will also pay fifty-percent(50%)of reasonable labor cost once submitted in writing and approved, c, After Two-Years&Within Five-Years:If excessive wear is determined by Roppe after two(2)years and within five(5)years of installation,Roppe will furnish new material of the same or similar style and color sufficient to repair or replace the defective material.Roppe will not pay labor cost for material installed after two (2)years and within five(5)years of installation. • 7-09 Page 4 of 4 I e Roppe Corporation.Printed trot.*LILA. G:\LAWFORMS\CITY-WIDE\RFB Update 1/15 City of Federal Way—Dumas Bay Centre RFB# 15-006 Carpet Replacement Project Page 60 2015 (Rubenstin's) January 15,2015 To Whom It May Concern: Jesse Deason, Senior Project Manager, has the full power and authority to sign and execute documents in the normal course of business as a responsible party on behalf of Rubenstein's Contract Carpet,LLC. f Randall Rubenstein Member/Supervisor Rubenstein's Contract Carpet LLC Rubenstein's Contract Carpet,LLC•P.O.Box 80544.501 S.Lucile Street•Suite 100•Seattle,Washington 98108•(206)762-5610•FAX 762-2409 www.rubensteins.com