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HomeMy WebLinkAboutHicki's Brothers Wood Floors, Inc - Gym floor refinishingCONTRACT FOR PUBLIC WORKS CONSTRUCTION FY18 HOMECOURT FLOOR REFINISHING PROJECT # 10713.D THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17th day of April, 2018, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Hicks Brot hers Wood Floors lnc , hereinafter referred to as "CONTRACTOR", whose business address is 185 East Eastbrook Ct., Meridian, lD 83646and whose Public Works Contractor License # is PWC-C-11408 INTRODUCTION Whereas, the City has a need for services involving qvm floor refinishinq; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. lf any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The contractor FY18 HOI\4ECOURT FLOOR REFINISHING PA9E 1 Of 13 Project 10713.D 1. Scope of Work: Meridian City Council Meeting Agenda April 24, 2018 – Page 569 of 717 represents and warrants that it will perform its work in accordance with generally accepled industry standards and practices for the profession or professions thal are used in performance ol this Agreement and that are in eflect at the time of performance ol this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work perlormed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.3 Except as expressly provided in this Agreemenl, Contractor shall not be entitled to receive lrom the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence ot any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any ol its provisions, City, at City's option, may terminate lhis Agreement by giving written notilication to Contractor. EY18 HOMECOURT FLOOR REFINISHING Project 10713.D page 2 of 13 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereol lor the Not-To-Exceed amount of $99;@Q. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days ot receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. Meridian City Council Meeting Agenda April 24, 2018 – Page 570 of 717 3.3 Should City fail to pay Conlractor all or any part of the compensation set forth in Exhibit B ol this Agreemenl on the date due, Contractor, al the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished by September 21 , 2018. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit oi the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion oJ the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by lhe Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt ol a Notice to Proceed, the Contractor shall complete all work described herein no later than September 28,2018. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See ltllilestones listed in the Payment Schedule for Substantial Complelion. 5. Termination: 5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations ol this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance ot this contract, or if the City Council determines that termination ol this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving writlen notice to CONTRACTOR of such termination and specilying the effective date thereof at least fifteen (15) days before the eflective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. ln the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOB shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this FY18 HOI\,,IECOURT FLOOR REFINISHING page 3 of 13 Project 10713.D Meridian City Council Meeting Agenda April 24, 2018 – Page 571 of 717 6. lndependentConlractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any off icer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ol the personnel of the CITY in the pedormance oJ this agreemenl shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees ol the City. 6.3 Contractor shall determine the method, delails and means of performing the work and services to be provided by Conlractor under this Agreement. Contractor shall be responsible to City only for the requirements and resulls specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities ol Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only f urnish employees who are competent and skilled for work under this contract. 11, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, reruses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and {or any and FY18 HOMECOURT FLOOR REFINISHING page 4 oI 13 Project 10713.0 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Meridian City Council Meeting Agenda April 24, 2018 – Page 572 of 717 all losses, claims, actions, judgments lor damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out oI the tortious conduct of CITY or its employ ees. CONTRACTOR shall maintain, and specificallv aorees that it will m arntain. throuo hout the term of this Aqreement, liabilitv rnsurance.in which the CITY shall be named an additional ins ured in the minimum amounts as lollow: General Liability One ltrlillion Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars (gl ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits oJ insurance shall not be deemed a limitation of the covenants to indemnily and save and hold harmless CITY; and if CITY becomes liable for an amoLrot in excess ol the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnily and save and hold harmless CITY lrom and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attribulable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certilicate ol lnsurance, or other prool of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof o{ insurance with the CITY at least ten (10) days prior to the dale Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, lvleridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminale such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing paymenl of losses and related investigations, claim administration and defense expenses. 9.4 To lhe extent of the indemnity in this conlract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained bythe City or the City's elected officers, officials, employees and volunteers shall be excess o1 the Contractor's insurance and shall not contribute with Contractor's insurance except as lo the extent of City's negligence. FYl 8 I-]OMECOURT FLOOB REFINISHING Project 1 0713.D page 5 ot 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 573 of 717 9.5 The Contractor's insurance shall apply separately to each insured againsl whom claim is made or suit is brought, except with respect to the limits oJ the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all ol the insurance and indemnity requirements stated herein. 9.7 The limits ol insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: 11. Bonds: Payment and Pedormance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specilications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful per{ormance and payment bonds in the amounl of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed f or any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted f or 2 years f rom the date of the Cily of [Vleridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items lound to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. '13. Changes: The CITY may, lrom time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and OONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. FY18 HOMECOURT FLOOR REFINISHING Prolecl 10713.D page 6 of 13 The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Meridian City Council Meeting Agenda April 24, 2018 – Page 574 of 717 14. Taxes: The City oI Meridian is exempt from Federal and State laxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. MeridianStormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of lVeridian Construction Stormwater Management Program (CSWIVP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address:htto://www .meridianci TV .o rolenvironmental. asox?id='1 361 8 Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, lield inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certilication is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and lnlormation: 17.1 At such times and in such lorms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This incIudes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representatron including letters, words, pictures, sounds or symbols or any combination thereof. FY18 HOMECOUBT FLOOB REFINISHING Project 1071 3.D page 7 of 13 .I6. ACHD: Meridian City Council Meeting Agenda April 24, 2018 – Page 575 of 717 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of GONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covereci by this Agreement. 19. Publication, Reproduction and Use ol Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political afliliation, marital status, or handicap. Contractor will take affirmative action during employmenl or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of anyfederal, stale or local law, rule or regulation asainst any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: Contraclor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court cosls and reasonable attorneys'lees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate FY18 HOI\,4ECOIIRT FLOOR REFINISHING page 8 of 13 Project 1 0713.D Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's or the opportunity to seek such advice. Meridian City Council Meeting Agenda April 24, 2018 – Page 576 of 717 contract between the parties and shall survive any defaull, termination orlorfeiture of this Agreement. 24. ConstructionandSeverability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as lhe remainder ot the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of delault by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall nol be deemed to be a waiver ol any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modif ied as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City ol Meridian through the City's project management software. The Pro.ject Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian paymenl terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Conlractor shall remove all traces of wasle materials and debris resulting from the work. Final payment will not be made il cleanup has not been perf ormed. FY18 HOMECOURT FLOOR REFINISHING Projecl 10713.D page 9 ol 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 577 of 717 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Hicks Brothers Wood Floors, Inc. Purchasing Manager Attn: Kevin Barkell, Estimator/Foreman 33 E Broadway Ave 185 E. Eastbrook Ct. Meridian, ID 83642 Meridian, ID 83646 208-489-0417 Phone: 208-631-6985 208-884-4889 Email: Idaho Public Works License #PWC -C-11408 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY ZF—MERIDI N HICKS BROTHERS WOOD FLOORS, INC. BY: BY: �e Kevin Barkell Soe r-+iin,Counoj I -?Y-e�lden�- Dated: FY18 HOMECOURT FLOOR REFINISHING Project 10713.D Dated: page 10 of 13 Approved by Council: Ll / ?L( ( dol Attest: r C.J. CO ES, CIV CLERK Purchasing Approval BY: KEITWOATTS, Purchas g Manager Dated:: Project Manager Garrett White jE (0QQ rD AUGUST' 2 ('ity of W -•r orrne ��� Department Approval BY: STEVE S Dated:: Y, Parks & Recreation Dir. FY18 HOMECOURT FLOOR REFINISHING page 11 of 13 Project 10713.D EXHIBIT A SCOPE OF WORK REFER TO REQUEST FOR PROPOSALS PKS.1815.10713.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposal Package # PKS-1815-10713.D are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (SPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). Work to begin no sooner than August 13, 2018 and must conclude no later than September 28,2018 Sand, Seal, Strip and Finish approx. 32,568 sq. ft. of hardwood flooring. Striping of four (4) college sized basketball courts, six (6) volleyball courts and twelve (12) pickleball courts. Products allowed: Hillyards polyurethane gym seal and finish. FY18 HOMECOURT FLOOR REFINISHING Project 10713.D a a page 12 of 13 Meridian City Council Meeting Agenda April 24, 2018 – Page 580 of 717 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $80,000. Milestone 1 Substantial Completion September 21 ,2018 IVlilestone 2 Final Completion September 28,2018 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the above named prolect per RFP PKS-18l5-10713.D NOT TO EXCEED CONTRACT TOTAL $80.000 C/t.,/"'/,,,,'" t Ao, ,'*, ll Du"--. I rB4,",l*%u.<t 4' rt /ut* Vuttt FY1 8 HOI\,,IECOURT FLOOR BEFINISHING Prolect 1071 3.D page 13 ol '13 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Meridian City Council Meeting Agenda April 24, 2018 – Page 581 of 717