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Home My WebLink AboutPK11-035 - Original - Great Floors - Carpet and Installation 3rd Floor Centennial - 1/26/11 „tee _ Records Man�Agemet KENO _ WAS NINGTON _-� Document 59- JkBRa ilk CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Great Floors Vendor Number: 93168 JD Edwards Number Contract Number: 1'K)I- O 3'sr This is assigned by City Clerk's Office Project Name: Carpet and Installation Centennial Center 3rd Floor Tenant Improvement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/2011 Termination Date: 2/201t Contract Renewal Notice (Days): 45 Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Parks/Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): 400 W. Gowe, Kent, Washington S Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Agreement between the City of Kent and Great Floors THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Great Floors, LLC organized under the laws of the State of Washington, located and doing business at 6215 South 228`h Street, Kent, Washington 98032 (hereinafter the "Vendor"). AGREEMENT Vendor agrees to sell carpet and other supplies as required by the City, in an amount not to exceed $54,117.14, as generally described in the Proposal attached and incorporated as Exhibit A, per the terms and conditions of the attached Blanket Contract #2638 between the City of Seattle and Great Floors, attached and incorporated as Exhibit B. Any references to "City or "Seattle" contained in Exhibit B shall be deemed a reference to the City of Kent. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: (signatur (signature) Print Name: P ` 5A-V cC me: Suzette Cooke Its �U�� `1 M c � I Mayor ltitle d I ,DATE: I DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Great Floors, LLC Charlie Lindsey 700 51h Avenue, Suite #4112 City of Kent P.O. Box 94687 220 Fourth Avenue South Seattle, WA 98124-4687 Kent, WA 98032 206-676-5212 (telephone) 206-241-2699 (facsimile) (253) 856-5081 (telephone) (253) 856-6080 (facsimile) APPROVED AS TO FORM.- KeACLaw Department Exhibit A — Page 1 k,TIVEATFLOORS - Commercial Sales 6215i south 22e street Kett, WA 98032—ph(206) 241-0229 fax (206) 241-2699 Proposal Date: 11/24110 To: City of Kent Site: Centennial Building 3 d Floor Option l Area Project: Centennial Building 3rd Floor Option l Area Item Description city ufrn price extended price carpet Lees Five 2x2 cpt the 32966 sy @ $39.78 $13,113.87 install carpet file 329 sy @ $4.00 $1,316.00 rubber base Roppe 4 inch TP cove base 620 If @ $0,70 $434 00 install cove base install cove base 620 If @ $0.64 $396.80 Subtotal- $15,260 67 ***This order can be cancelled up to January 41h 2011 Includes: City of Seattle Coontract#2638 pricing, all sundries and adhesives,freight,and prevailing wage Excludes: demo,major unforeseen floor prep,moisture proofing if needed,disconnecting or connecting any electrical or plumbing equipment, Amillure moi-tng Accepted iryfdate. Michael Pool 206-793-6713 Print name: Exhibit A — Page 2 GR AT PLC. ORS - Commercial gales 6215 South 22e Street Kent, WA 98032—ph(206) 241-0229 fax(206) 241-2699 Proposal Date: 11/24/10 To: City of Kent Site: Centennial Building 3`6 Floor Option 2 Area Project Centennial Building 3`a Floor Option 2 Area Item Description qty Ulm price extended price carpet Lees Five W cpt the 665.54 sy A, $39.78 526,475.15 demo & recycle existing carpet 5900 sf @ $0.57 $3,363.00 install carpet the 665 sy @ $4 00 $2,660,00 rubber base Roppe 4 inch TP cave base 1080 if @ $0,70 $756 00 demo& dispose existing rubber cove base 1080 if @ $0 20 $216 00 install cove base install cove base 1080 if @ $0Z4 $691a20 Subtotal: $34,16138 ***This order can be cancelled up to January 4'2011 Includes: City of Seattle Contract 4 2638 pricing, all sundries and adhesives, freight, and prevailing wage Excludes:demo,major unforewmi floor prep,moisture proofing if needed,diseonnecting or connecting any electrical or plumbing equipment,furniture moving Accepted by/date: Michael Pool 206-793-6713 Print name- EXHIBIT B i5l, BLANKET CONTRACT The City of Seattle Blanket Contract# Date Change Order PURCHASING SERVICES # 700 5'hAvenue, Suite#4112 0000002638 9/2/09 N/A PO Box 94687 Seattle, WA 98124-4687 Payment Terms Freight Terms Net 30 Prepaid &Allowed FOB Destination Buyer FAX Phone Sharon Rothwell 206-233-5155 206-684-8310 Vendor#: 0000134888 Ship To: Great Floors LLC 6215 S 2281h Street CITY DEPARTMENTS Kent, WA 98032 Contact Stacy Freeman Bill To: Phone# 206-676-5212 Fax# 206-241-2699 SEE BELOW E-mail sr freeman(a-)greatfloors corn Great Floors, LLC is awarded a contract for providing floor coverings, installation and repair to the City of Seattle, as a result of ITB-2548 conducted by the City See attachments #1 and #2 for specifications and conditions The term of the Contract is five (5) years with a two (2) year extension, for a total contract life ending 9/13/2016 Original contract term 9/14/09 — 9/13/2014 City departments may place orders by telephone or by fax The Vendor shall require the ordering City employee to state his or her name, department/unit name, low org number, telephone number and ship to address Invoices shall be mailed in duplicate to the City of Seattle, Accounts Payable, per attached list Each invoice shall indicate Contract #0000002638 The City does not guarantee utilization of this contract This contract is subject to cancellation by either party upon thirty (30) days advanced written notice The City may award contracts to other vendors for similar products or services Actual utilization will be based on availability, proximity of vendor facilities, frequency of deliveries, or any other factor deemed important to the City This contract is subject to prevailing wages, as required by RCW 39 12 (Prevailing Wages on Public Works) and RCW 49 28 (Hours of Labor) as amended or supplemented Contractor and any subcontractors shall be responsible for compliance with all provisions herein Authorized Signature & Date 1IPage The awarded Contractor and all subcontractors shall file Intent to Pay Prevailing Wage Form concurrent with the execution of the contract The Buyer will give the award Contractor(s) a Contract Number, and the Contractor and their subcontractor(s) shall then promptly submit the Intent to Pay Prevailing Wages to the Department of Labor & Industries for approval The City requests this be done on-line to allow the City a rapid mechanism to verify submittal of forms http //www Ini wa qov/TradesLicensing/PrevWage/default asp However the City will accept forms submitted through paper procedures If the Contractor utilizes paper submittal, a copy shall be promptly provided to the Buyer Affidavit of Wages Paid Upon contract completion, Contractor and each subcontractor shall then file the Affidavit of Wages Paid (form L700-007-000) approved by the Industrial Statistician of Washington State L&I This may be performed on-line if the Contractor has initiated the original Intent to Pay Prevailing Wage process online The receipt of the approved affidavit is required before Seattle can pay the final invoice Prevailing Wage Work under this contract is subject to Prevailing Wage Requirements The contractor, any subcontractor or other person doing any portion of the work covered by any resulting contract, shall not pay any laborer, worker, or mechanic less than the applicable and most current prevailing hourly wage rates and fringe benefits for said worker's classification to all laborers, workers or mechanics who perform any work pursuant to any resulting contract, in conformance with the scope or work descriptions of the Industrial Statistician of the Washington State Department of Labor and Industries It shall also be the Contractor's sole responsibility to ascertain the applicable prevailing rate of wage for such classification, as set forth by the State of Washington for King County Notice of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed with the State of Washington Department of Labor and Industries, for approval The owner holds the contractor responsible for compliance of all subcontractors with payroll reporting requirements and payment of prevailing wages Authorized Signature & Date 21I'age Contract#0000002638 Great Floors LLC Pricing Note- The product price Includes freight. Broadloom carpet- Vendors Cost+29% Modular Carpet-Vendors Cost+ 25% Non-PVC Tile-Vendors Cost+25% Linoleum Tile-Vendors Cost+25% Linoleum Sheet(2 5 mm)-Vendors Cost+25% Rubber Tile- Solid-Vendors Cost+ 25% Rubber Tile-Speckled-Vendors Cost+ 25% Recycled Rolled Rubber Sheet( 080 gauge) -Vendors Cost+ 25% Recycled Rolled Rubber Sheet Flooring- Multi Purpose (114")-Vendors Cost+ 25% 4 2 5" Resilient Base (RB2 5) Chart 1,2,or 3 colors-Vendors Cost+ 25% 4" Resilient Base(RB4) Chart 1,2,or 3 colors-Vendors Cost+ 25% 6" Resilient Base(RB6) Chart 1,2,or 3 colors-Vendors Cost+25% Standard Stair Tread-Vendors Cost+ 25% Stair Stringer-Vendors Cost+25% Stair Riser-Vendors Cost+ 25% Landing Tile-Vendors Cost+ 25% great floors carpet pdf This embedded document is active and replaces the inactive document on the next page - - --- - - -- - - - --- -- - - - - 31Page 2 Bidder:Great Floors LLC e Complete the emoedded table below with carpet products meet ng NSF-kNSt-140-2007 1 Carpet Standards Provide pricing on coraneraal carpet modular tiles and oroedloom If more tines are needed copy this fern and indicate that it is a continuation on the form P,ianq will include product and f-esgnt The ma,-k-up percentage per Manufacturer must stay consistent Ina inforni in the following table w 11 be-used n the evaluation only IM-2548 Carpet price sheet xis Great Floors LLC Bidders will complete this table for billable services Pricing for billable services will include labor and freight This information will be used in the bid evaluation si4_<r �z LInsta C_ (.9 Ol ca" J4 �In!� ;- { - Square Yard S533 or ntlet floer 1 Square Yard-- S933tfat�r ci ribber stems±fiewr�ncU--_ Square Yard $15 00___ 1 instaNat o x of imcieur-i tie flooring ` Square t=gat S1 33 --_ Ins' l-t ran of rubber the€tnorins3 _ Square Foot $2 00_ Inssalaton of tiros,Fvc the flooring - Square Foot $1 33 Ins' a ot7 of Rubber Base: __ Linear Font _ $64 tnsua mt-on of Star Tiead Linear Fool $6 67 -- LinearPoot _ $80 ins3a['sat.on r:#Skr7e. -�� - Linea,Font $4 00 Removal of Lxsafig Carpet and Reclamation Square Foot $57� — Rernovai and Disposal of_Vinyl 8 Sheet Flooring Square Foot $1 04 LRemoval and Disposal of Vinyl Composition Tile, l Square Foot $67 uxury Vinyl Tile,or Non-PVC Tile Flccinn� i Removal and D�sposaf of Base Cove(Wood, Lineal Foot €$20 � Vinyl or Rubber) --- Furniture Removal&Return _ _� Per hour $64_29 Furniture Lift System §t i, re Yard $6 67 Storage Fee for Additional Time Carpet&Sheet- I Square Yard $1 35/month goods - --€ - { Stora e Fee for Additional Time Tile Goods Square Fact _ _ r 5 151mo__ nth General Labod Repairs!Car Re-sfretchin -r Per Hour _ $64 29 -- - _ _ t Carpet Border Work Lineal Foot 52 6i Carpet Stair Work-Waterfall • Per Step __320 00 _Carpet Stair Wok-Upholstered _ : Per Slep 520 00 Patterned Flooring Labor-Resilient Tile Square Foot__ _ $20 Patterned Ftoorinq Labor-Resilient Sheet __S care Yard S2 67 m Che cal Seam welding 1 Lineal Foot__ Smcluded in instalt# Seam Welding Heat V'delding Rod __ Lineal Foot S3 95 ReClarn,nahon-other flooring materials .S.Clare Foot Snot available at this time ' ' Integral Flasn Cownf __ _ '_Lineal Foot _ _ _S10 00 ' Inter al �Iasn Cove Corners_ Per Carney $13 33 =ee„ ��,>^-`�`='.;p``�`"„v Company Ndme Great Floors LLC Page 2 of 4 Page 4 1 4 is MANDATORY that you provide a Unit Price where indicated 2 Pricing shall include and cover all duties,handling and transportation charges,and all charges incidental to the requested work excluding Sales Tax or Use Tax Offer shad agree to all the original City contrac,terms and conditions without exception. 3 Do not mark,write-in or add any exceptions to the specrfica+ions,schedule,terms or conditions Do net attach alternative boilerplate Any such exceptions can invalidate your Offer and the Buyer reject your bid 4. Price Changes in future contract years shall be in accordance with the specifications. Wholesale and mark-up discount rates will not change through the life of the contract Other price changes are restricted to the specifications stated in the solicitation and the contract 5 Prompt Payment Discount None% days Note Prompt payment discount periods equal to(or greater than)10 calendar days will receive consideration and bid pricing will be reduced for evaluation by the amount o that ciscount 6 Prevailing Wages if prevailing wages apply to this contract confirm your intent to pay prevailing wages and that such wages are considered wtnthin your Offer: Yes X This section shall not be used in the evaluation of bids,but well be used to administer wage increases if necessary due to prevailing wage changes over the life of the contract Since prevailing wages rrav require the Vendor to request an adjustment to costs billed to the City in future years,provide this remaining nformation to allow the City to receive and analyze cost increases that are the result of a prevailing wage mc,ease Specify the Wage Rate that is reflected in the Offer for Labor Classifications that will perform the Services Specify each classification that is within a prevailing wage category that will cerforrn the work ClassEticabun Hourh Wade Rafe General Laborer $38 12 3 i 7 Specify if the Business is located within the Seattle City Limits Businesses located and licensed within the Seattle City limits are eligible for Seattle tax consideration for purposes of calculation of low old This shall be equivalent to a redjc'ion of the cost for purposes of bid evaluation only,of 030 Yes No X 8. Interlocal Agreement The City of Seattle has entered into Interlocal Agreements with other gove-nmental agencies pursuant to RCW 39 34,in lieu of those agencies conducting a separate competitive bid Does Vendor agree to provide this product or service to such agencies? Yes X No Full Legal Narl Company Great Flogs LLC Signed By � —' �%^- Print Name Date t 1 Company Name-Great Floors LLC Pa ge 4 of 4 5 Page Scope of Services 1. Scope of Contract; This Invitation to Bid is to include furnishing all labor, equipment, materials, and perform all operations necessary to install, repair, remove, recycle or dispose of carpet and other flooring materials 2. Overall Service Requirements (Included unless otherwise noted) A The Contractor(s) shall take all steps necessary to prevent damage to walls, doors, and equipment B The Contractor(s) shall be responsible for damage to walls, doors, equipment resulting from installation C The Contractor(s) shall furnish project drawings indicating seam direction (on roll material), outline heavy use areas and walkways within 10 business days after site visit at no additional charge to the Customer The Contractor(s) shall provide a professional recommendation on product layout, walk-off mats if required, and make recommendations in writing to ensure sustamabdity practices are known at no additional charge to the Customer D The Contractor(s) shall be responsible for physical measurements at no additional cost to the Customer, and is responsible for the accuracy of the measurements and the fit of the work The Contractor(s) will be required to provide cost estimating diagram services at no additional charge to the Customer E The Contractor(s) shall protect carpet and flooring materials against damage and soiling from construction operations and placement of equipment and furnishings during the course of installation This shall include but not be limited to, providing caution tape and barriers to keep normal traffic off of floors during installation until the area is turned over to the occupant This does not include permanent protection F The Contractor(s) shall provide all manufacturer-approved tools necessary for a complete installation at no additional charge to the Customer G Shipping Unless otherwise noted, all bid pricing is to be FOB the Customer's project location freight prepaid and included, for any destination within the state of Washington H Storage The Contractor(s) shall store the materials at its facility until original scheduled time of installation If the Customer delays original scheduled installation date for more than 30 days, the Customer may be charged a storage fee for additional time as described in Section 8 E STORAGE FEES FOR ADDITIONAL TIME Materials shall be stored in a dry location minimum 60 degrees Fahrenheit and protected from damage and soiling. 6ii age I Floors shall be prepared in accordance with the manufacturer's recommendations Sub-floors/underlayment shall be dry, clean, and smooth per CRI-104 and manufacturer's instructions They shall be free from paint, varnish, solvents, wax, oil, and other foreign matter J Upon request, the Contractor(s) shall provide original packaging listing manufacturer's name, product name, identification number and related information K The Contractor(s) shall provide written instructions and on-site training in the maintenance of the carpet and flooring for custodial staff if requested by the Customer 3 Quality: All carpet or flooring material installed at each lob site shall be of the same mfllrun and/or dye lot for each line itemed ordered All carpet or flooring material shall be of"first quality" (i e , free from visual blemishes and physical defects) No irregulars, promotional goods, mill ends, or remnants shall be accepted 4 Suspect of Asbestos Containing Material(s): Before installing any flooring products where the installer suspects or detects there is (a) asbestos tile, (b) carpet over asbestos tile, (c) asbestos in the walls or mastic behind vinyl base the installer must contact the building owner At the time, the Owner will determine if the material(s) contains asbestos. If asbestos is found, the installer cannot commence or resume work until instructed how to proceed 5 Toxic Substances: When any toxic substances are used, it will be the responsibility of the contractor to post a notice, not only to his own employees but also post a notice in a conspicuous place at the job site, informing building occupants of the substance being used and a material safety data sheet for their examination 6 Environmentally Preferable Products and Services Additions: The City may opt to permit the substitution or addition of Environmentally Preferable Products (EPP's) when such products are readily available at a competitive cost and satisfy the City's performance needs The City reserves the right to add products and/or services during the contract term to meet the needs of their customers, as those products and services become available, or to eliminate any virgin categories if it is determined that a sufficient supply of recycled counterparts are readily available at equivalent and performance levels The City also reserves the right to amend and/or increase minimum recycled content standards during the contract term as such products become readily available 7. Basic Installation Requirements (included unless otherwise noted) A. Bond and Moisture Test and/or Calcium Chloride Test for moisture shall be completed before starting all flooring installations at no additional charge to the Customer These tests shall be performed per manufacturer's requirements and/or ASTM E-1907-4 Standard practices for determining Moisture-Related Acceptability of Concrete Floors to 7 Page Receive Moisture-Sensitive Finishes and ASTM F-1869-04 Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Sub-floor Using Anhydrous Calcium Chloride The Owner will be responsible for resolving the floor condition Installation shall not proceed until sub-floor meets all manufacturer requirements for moisture 1 Should the manufacturer require any additional testing not described herein, the Contractor(s) shall perform such testing at no additional charge 2 The Contractor(s) must meet the manufacturer's requirements for an acceptable"ph" range as required by the manufacturer B The manufacturer's recommended ambient temperature and humidity conditions shall be maintained at levels required by the manufacturer before, during and after installation All flooring materials shall be conditioned to room temperature prior to starting the installation as required by the manufacturer C All installation work shall be performed in a professional workmanlike manner Install all products according to manufacturer's instructions using the manufacturer-required adhesives When the Customer chooses to use its own resources for installation, the Contractor(s) shall advise on proper installation procedures and effect on warranties 1 For Carpet a) In the absence of a carpet manufacturer's installation procedure, follow the Carpet and Rug Institute installation procedure CRI 104 b) Install carpet in accordance with pattern and color diagrams flat and tight on sub- floor, well fastened at edges, with a uniform appearance Install with pile inclination in one direction The manufacturer will mark each module as to pile direction Cut and fit carpet neatly into or around breaks, recesses, against bases, casings, door jams, permanent cabinets, equipment, etc c) The Contractor(s) shall vacuum entire carpet as required by the manufacturer 2 For Resilient Flooring, Base, Transitions, Stair Treads, Stair Stringers, Stair Risers a) Install Resilient Flooring, Base, Transitions, Stair Treads, Stair Stringers, and Stair Risers in accordance with pattern and color diagrams Cut and fit all joints neatly into or around breaks, recesses, against bases, casings, doorjambs, permanent cabinets, and equipment Ensure all joints and fits to casings, cabinets, or equipment and ensure all cuts are tight, clean and neat b) Standard installation patterns for resilient floors shall be provided at no additional charge to the Customer Standard installation patterns for resilient floors are described as follows 8 Page i) Linoleum Tile/Marmoleum Composition Tile (LT or MCT), Non PVC Tile Flooring (NPCVTF) and Rubber Tile (RT) owner may choose up to two colors in one area or room, this shall be considered a standard installation Areas or rooms with more than two colors shall be considered a patterned installation which is billable ii) Sheet Flooring (SF), Linoleum Sheet Flooring (LSF) and Rolled Rubber Sheet Flooring (RRSF) owner may choose one color in one area or room, this shall be considered a standard installation Areas or rooms with more than one color shall be considered a patterned installation which is billable D Floor Preparation 1 Minor Floor Preparation shall be included in material bid price and basic installation Minor floor preparation shall include a) Filling of hairline cracks 10 or less b) Filling sporadic small chips and depressions of%4" deep or less than W in diameter c) On wood floors, it includes the filling of joints in the plywood substrate 1/8" or less and filling nail or screw holes d) Broom sweeping of subfloors that are to receive new flooring e) Vacuum—clean surfaces thoroughly, immediately before installation 2 Exceptions to Minor Floor Preparation such as unusual floor problems, rehabilitation, repair of structural damage, etc are NOT INCLUDED IN THE MATERIAL BID PRICE and shall be identified estimated, and billed accordingly Exceptions to Minor Floor Preparation must be approved by the Customer before any charges may be assessed Exceptions to Minor floor preparation shall include a) Sanding and scraping residue such as drywall mud, paint overspray, old adhesives etc b) Filling or floating rain-damaged concrete slabs c) Leveling or skim coating floors d) Repair to depressed or raised graining on wood surfaces e) Cutting and patching voids or bad wood plugs on wood surfaces f) Repairing or re-nailing defective underlayment E Install carpet bars or reducer strips for adjoining other dissimilar floors and/or all other materials and accessones required for a complete installation 91Page F Remove all rubbish resulting from installation at the end of every day, the premises shall be left in a clean condition G Work Hours Installation shall be available during standard work hours (6 00 am to 7 00 p m , Monday- Friday) (not to exceed an 8 hour work shift) and non-standard working hours (evenings, weekends, or holidays) at an additional cost H Installation Warranty The installation warranty shall be for a period of 1 year from the date of substantial completion and shall cover repair or replacement due to defects in the workmanship 8. Billable Services A. REMOVAL OF EXISTING CARPET&CARPET RECLAMATION t The Contractor(s) shall provide services to remove existing Carpet and provide carpet reclamation 2 The I Contractor(s) shall reclaim all carpet removed from the Customer's installation location and ship to a reclamation plant for recycling, regardless of manufacturer, fiber type, or construction (other than products containing asbestos) 3 This service shall be mandatory as long as it is available and shall include a certification program If the Contractor's program deviates in any way from the program described herein, a description of their reclamation program shall be provided with the bid 4 The Contractor(s) shall provide a certification of product reclamation for each order, which is given to the purchaser The Contractor(s) shall provide reports that identify the type of carpet removed, type nylon 6 or 6 6 or other recyclable flooring material and amount of material and name of reclamation facility for each order, as well as report the quantity and type of flooring sold to the City, these reports will be due quarterly and will be e-mailed to Shirli Axlerod(o)seattle qov 5 Price to be provided per square foot for recycling and removal 6 Adhesive Removal Solvents Comply with Carpet and Rug Institute Publication 104 Remove used carpet in large pieces, roll tightly, and pack neatly in container Remove adhesive according to recommendations of the Carpet and Rug Institute (CRI) 7 Contaminants from work that occurs within a single room may be contained by sealing doors and other openings with duct tape at head, jamb, and sill Use window exhaust systems to establish negative pressure in contaminant-producing work area, ensuring continuous flow of air into work area Seal exhaust system ductwork that might leak into building or mechanical systems B. REMOVAL&LEGAL DISPOSAL OF VINLY SHEET FLOORING&LINOLEUM 10 11age 1 The Contractor(s) shall remove existing Vinyl and/or Linoleum Sheet flooring from existing facilities 2 Price to be provided per square foot unit cost for removal, disposal and recycling 3 The Contractor(s) shall provide dust control and protection during the demolition process 4 The Contractor(s) shall provide legal disposal of all items removed 5 Subfloors (Wood or Concrete) shall be left free from dust, dirt and old adhesives and be left in a condition appropriate to accept new flooring or"floor preparation-ready' when necessary 6 The Contractor(s) shall provide testing for asbestos containing materials and if necessary, asbestos abatement will be the responsibility of the Customer C. REMOVAL & LEGAL DISPOSAL OF VINYL COMPOSITION TILE (VCT), LUXURY VINYL TILE (LVT) or NON PVC TILE FLOORING 1 The Contractor(s) shall remove existing VCT, LVT, or NPVCTF from existing facilities excluding ceramic the 2 Price to be provided per square foot unit cost for removal, disposal and recycling 3 The Contractor(s) shall provide dust control and protection during the demolition process 4 The Contractor(s) shall provide legal disposal of all items removed 5. Subfloors (Wood or Concrete) shall be left free from dust, dirt and old adhesives and be left in a condition appropriate to accept new flooring or"floor preparation-ready" when necessary 6 The Contractor(s) shall provide testing for asbestos containing materials and if necessary, asbestos abatement will be the responsibility of the Customer D. REMOVAL AND LEGAL DISPOSAL OF BASE COVE (Wood,Vinyl or Rubber) 1 The Contractor(s) shall remove existing Base from existing facilities 2. Price to be provided per lineal (running) foot unit cost for removal, disposal and recycling 3 The Contractor(s) shall provide dust control and protection during the demolition process 4 The Contractor(s) shall provide legal disposal of all items removed ll � Page 5 Walls shall be left free from dust, dirt and old adhesives and be left in a condition appropriate to accept new Base Cove 6 The Contractor(s) shall provide testing for asbestos containing materials and if necessary, asbestos abatement will be the responsibility of the Customer 7 Touch up painting shall be the responsibility of the Customer E. Storage Fees for Additional Time 1. If the Customer postpones the original installation date for more than 30 days, the Contractor(s) shall store the products at the Contractors facility until the time of installation 2 Carpet and Sheet Goods - STORAGE FEES FOR ADDITIONAL TIME for Carpet, Sheet Flooring (SF), Linoleum Sheet Flooring (LSF) and Rolled Rubber Sheet Flooring (RRSF) shall be provided on a per square yard unit cost per month with additional days to be prorated 3. Resilient Tile Goods - STORAGE FEES FOR ADDITIONAL TIME for, Linoleum Tile/Marmoleum Composition Tile (LT or MCT), Non PVC Tile Flooring (NPVCTF) and Rubber Tile (RT) shall be provided on a per square foot unit cost per month additional days to be prorated F GENERAL LABOR/ REPAIRS / CARPET RE-STRETCH SERVICES 1 The Contractor(s) shall provide general labor, floor covering repair, and carpet re- stretch services (labor only) at an hourly rate 2 Price will be by the hour based on 1 individual worker G. CARPET BORDER WORK 1 The Contractor(s) shall provide carpet border work 2 Price to be provided on a per lineal foot unit cost for border work H. CARPET INSET WORK 1 The Contractor(s) shall provide carpet inset work 2 Price to be provided on a per lineal perimeter running foot cost for inset work I. CARPET STAIR WORK -WATERFALL. 1 The Contractor(s) shall provide carpet stair work for standard waterfall steps 2 Standard waterfall steps shall be defined as any stair with walls on both ends of the step Standard Waterfall steps shall have no open ends. 3 Price to be provided on a per step unit cost J. CARPET STAIR WORK - UPHOLSTERED 1 The Contractor(s) shall provide carpet stair work for upholstered steps. 2 Upholstered steps shall be defined as any stair with either one or both ends of the step open with carpet that wraps around the open end(s) 3 Price to be provided on a per step unit cost 12 Paee K. PATTERNED FLOORING LABOR— RESILIENT TILE 1 The Contractor(s) shall provide patterned work Work will consist of using three or more colors in one area or room 2 Up charge add price to be provided on a per square foot unit cost L. PATTERNED FLOORING LABOR— RESILIENT SHEET 1 The Contractor(s) shall provide patterned work Work will consist of using up to three colors in one room or area 2 Up charge add price to be provided on a per square yard unit cost M. CHEMICAL SEAM WELDING 1 The Contractor(s) shall provide chemical seam welding 2. Chemical Seam welding must be performed according to manufacturer's instructions using manufacturer-required adhesives and welding accessories 3 Price to be provided on a per lineal running foot unit cost N. SEAM WELDING HEAT WELDING ROD 1 The Contractor(s) shall provide seam welding using heat welding rod 2 Heat welding rods must be installed and performed according to manufacturer's instructions using manufacturer's coordinating welding rod materials and welding accessories 3 Price to be provided on a per lineal running foot unit cost O. INTEGRAL FLASH COVING 1 The Contractor(s) shall provide flash coving (integral cove) of Sheet Flooring (SF), Linoleum Sheet Flooring (LSF) and Rolled Rubber Sheet Flooring (RRSF) by extending the flooring up the wall no more than six (6) inches up the wall to form wall base This can be accomplished by one-piece flash coving, border flash coving or two-piece flash coving All Seams in the flash cove area shall be treated the same as seams throughout the rest of the installation 2 All integral flash coving must be installed and performed according to manufacturer's instructions using manufacturer-required tools 3. The Contractor(s) shall provide all required trims and manufacturer-required adhesives 4. Price for Flash Cove to be provided on a per lineal running foot unit cost P. INTEGRAL FLASH COVE CORNERS 1 The Contractor(s) shall provide (Flash Cove) inside and outside corners 2. All integral flash cove corners must be installed and performed according to manufacturer's instructions using manufacturer-required tools 3 The Contractor(s) shall provide all required trims and manufacturer-required adhesives 4 All Seams in the flash cove and flash cove corners shall be treated the same as seams and cove throughout the rest of the installation 13 P a e e 5 Price for Flash Cove inside and outside corners to be provided on a per each corner unit cost Q. FURNITURE REMOVAL AND RETURN 1. The Contractor(s) shall provide furniture removal and return services at a per hour rate 2 Failure to offer this service may be grounds to reject bid as non-responsive 3 If amount of furniture to be removed and replaced exceeds the amount in item 2 5 A (above) or is systems furniture, the Customer will arrange for professional movers to remove and replace Computer and telephone equipment removal is the Customer's responsibility 4. Price shall be provided on a per office unit cost amount as described above R. Furniture Lift System 1 The I Contractor(s) must offer a furniture lifting system, which allows carpet tile installation without moving, packing, or disconnecting systems furniture, a price per square feet will charged In this case, the bidder will be responsible for any damage to the systems furniture during the lifting process Price shall be provided as a per square yard unit cost up charge for the amount carpet the provided 10. CARPET Overall Requirements A. Sustainability: NSF/ANSI 140—2007 All carpet provided to the City shall meet NSF/ANSI-140 -2007and provide proof of certification of the specific product upon delivery of materials A. Indoor Air Quality (Carpet and Adhesive): Current CRI Green Label Plus Certification Provide adhesives and floor primers as recommended by the carpet manufacturer AND as certified by the CRI Indoor Air Quality Adhesive Testing Program Green Label Plus is an independent testing program that identifies carpet and adhesives with very low emissions of Volatile Organic Compounds (VOCs) to help improve indoor air quality It is an enhancement to the CRI Green Label Carpet Testing Program By selecting Green Label Plus carpet or adhesive, the state is assured of the lowest emitting products on the market, and customers may be able to earn LEED or Green Guide for Health Care points B. Recycled Content: All carpet must contain a minimum of 10% Total Recycled Content (TRC) C. Flammability: (Radiant Panel ASTM-E-648) >_ 0 45 (Class 1) D. Smoke Density: (NFPA-258-T or ASTM-E-662) s 450 - - - - - - - - - - - - - - - - - 141Page E. Static Electricity: (AATCC-134) 20% Relative Humidity @ 70° F, <_ 3 5 kV F. Colorfastness to Crocking: (AATCC 165) >_ 4 0 wet or dry G. Methenamine Pill Test: (CPSC FF-1-70 orASTM D 2859) Self-Extinguishing H. Dimensional Stability: AACHEN Method DIN 54318 < 0 2% Change 11. Broadloom Performance Standards A. High Performance: Applies to extra heavy use areas such as public spaces, corridors (school and hospital), offices, and/or with the worst installation conditions 1 Backing: Must have minimum 25-year non-prorated warranty addressing all related backing failure including but not limited to unravel, zippering, delamination, dimensional stability, loss of adhesion to the subfloor, not be affected by exposure to moisture, and provide a moisture barrier system Warranty must cover all related costs of replacement including material, freight, and labor 2 Face: 100% type 6 or 6,6 branded nylon with a minimum Texture Appearance Rating of 3 5 3 Lightfastness: Rating of 4 or better after 160 standard fading hours 4 Colorfastness: Rating 3 or better 5 Permanent Stain Resistance: Pass GSA Standard 6 Color: No solid colors or carpets that read "Solid" Dark to Mid-Range muted colors are required to hide soiling 7 Pattern: Multicolor, Variegated or Mild patterns are required. 8. Construction: Loop Pile B. Standard Performance: Applies to medium - heavy traffic areas such as corporate, retail, hospitality, classrooms, and with good installation conditions 1 Backing: Must have minimum 15-year non-prorated warranty addressing all related backing failure including but not limited to unravel, zippering, delamination, dimensional stability, loss of adhesion to the subfloor Warranty must cover all related costs of replacement including material, freight, and labor 2 Face: 100% type 6 or 6,6 branded nylon with a minimum Texture Appearance Rating of 3 0. 151Page 3 Lightfastness: Rating of 4 or better after 80 standard fading hours 4 Colorfastness: Rating of 3 or better 5 Color: No solid colors or carpets that read "Solid" Dark to Mid-Range muted colors are required to hide soiling 6 Pattern: Multicolor, Variegated or Mild patterns are required. 7 Construction: Loop Pile C. Base Performance: Applies to limited use areas such as private offices, conference rooms, sleeping rooms, and some administrative areas and with the best installation conditions 1 Backing: No warranty necessary for this performance level 2 Face: 100% type 6 or 6,6 branded nylon with a minimum Texture Appearance Rating of 2 5 3 Lightfastness: Rating of 4 or better after 40 standard fading hours 4 Colorfastness: Rating of 2 or better 5 Color: Light, Mid-Range, Dark or Solid colors acceptable 6 Pattern: Solid, Simple patterns and textures acceptable. 7 Construction: Loop and/or Cut Pile 12. CARPET TILE PERFORMANCE STANDARDS A. High Performance: Applies to extra heavy use area such as public spaces, corridors (school and hospital), offices, and/or with the worst installation conditions 1 Backing: Must have minimum 25-year non-prorated warranty addressing all related backing failure including but not limited to unravel, zippering, delamination, dimensional stability, loss of adhesion to the subfloor Warranty must cover all related costs of replacement including material, freight, and labor 2 Face: 100% type 6 or 6,6 branded nylon with a minimum Texture Appearance Rating of 3 5 3 Lightfastness: Rating of 4 or better after 160 standard fading hours 4 Colorfastness: Rating 3 or better. 5 Permanent Stain Resistance: Pass GSA Standard 16111aes 6 Color: No solid colors or carpets that read "Solid" Dark to Mid-Range muted colors are required to hide soiling 7 Pattern: Multicolor, Variegated or Mild patterns are required a Construction: Loop Pile B. Standard Performance: Applies to medium - heavy traffic areas such as corporate, retail, hospitality, classrooms, and with good installation conditions 1. Backing: Must have minimum 15-year non-prorated warranty addressing all related backing failure including but not limited to unravel, zippering, delamination, dimensional stability, loss of adhesion to the subfloor Warranty must cover all related costs of replacement including material, freight, and labor 2 Face: 100% type 6 or 6,6 branded nylon with a minimum Texture Appearance Rating of 3 0 3 Lightfastness: Rating of 4 or better after 80 standard fading hours 4 Colorfastness: Rating of 3 or better 5 Color: No solid colors or carpets that read "Solid" Dark to Mid-Range muted colors are required to hide soiling 6. Pattern: Multicolor, Variegated or Mild patterns are required 7 Construction: Loop Pile C. Base Performance: Applies to limited use areas such as private offices, conference rooms, sleeping rooms, and some administrative areas and with the best installation conditions 1 Backing: Must have minimum 15-year non-prorated warranty addressing all related backing failure including but not limited to unravel, zippering, delamination, dimensional stability, loss of adhesion to the subfloor Warranty must cover all related costs of replacement including material, freight, and labor 2 Face: 100% type 6 or 6,6 branded nylon with a minimum Texture Appearance Rating of 2 5 3 Lightfastness: Rating of 4 or better after 40 standard fading hours 4 Colorfastness: Rating of 2 or better 5 Color: Light, Mid-Range, Dark or Solid colors acceptable 6 Pattern: Solid, Simple patterns and textures acceptable 17 Page 7 Construction: Loop and/or Cut Pile 13. EXPLANATION OF STANDARDS A. Product related deterioration and failure for carpet can be separated into 3 distinct areas: t Backing related failure: Yarns zippering, fuzzing, pilling, seams unraveling, backing delamination, moisture barrier, moisture imperviousness, adhesion to subfloor a) Method for determining backing suitability- Manufacturer's warranty addressing backing related failure 2 Face distortion: Traffic patterns associated with crushing and matting, as well as soiling a) Method for determining face distortion resistance - CRI TM1 01-Assessment of Carpet Surface Appearance Change - CRI Carpet Appearance Retention Grading Scales 3 Color distortion: Loss of color from light and atmospheric fading as well as staining a) Method for determining color distortion - Lightfastness -AATCC 16E-1982 - Colorfastness - Ozone and Gas -AATCC 129-1981 - GSA Permanent Stain Resistance Test —AATCC 175 after 100 revolutions on the Taber Abrader (1,000-gram weight per H-18 wheel Passing rating is equivalent to no less than 8 0 (10 0 is best) on the AATCC Red 40 Stain Scale A. 14. Linoleum Tile i. Reference the following products as standards of quality for this category - Forbo Real (2 5mm thickness) - Armstrong Marmorette, Colorette, Grannette (2 5mm thickness) - Or Approved Equal (2 5mm thickness) B. Linoleum Sheet 18 Paee 1. Reference the following products as standards of quality for this category - Forbo Real (2 5mm thickness) - Armstrong Marmorette, Colorette, Grannette (2 5mm thickness) - Or Approved Equal (2 5mm thickness) C. Rubber Tile -Solid (Chart 1 or 2 colors) 1. Reference the following products as standards of quality for this category - Johnsonite Roundel Raised Round Pattern - Johnsonite Roundel Raised Square Pattern - Johnsonite Hammered Surface - Or Approved Equal D. Rubber Tile—Speckled (Chart 1 or 2 colors) 1. Reference the following products as standards of quality for this category - Johnsonite Speckled Finish Rubber Tile - Or Approved Equal E. Rolled Rubber Sheet Flooring 1. Reference the following products as standards of quality for this category - Mohawk Hardsurface — Durahealth Rolled Rubber Sheet Flooring (RRSF) ( 080 gauge) - Or Approved Equal F. Recycled Rolled Rubber Sheet Flooring - Multi-Purpose 1. Reference the following products as standards of quality for this category - Johnsonite - Replay Sports & Multi-Function W Recycled Rolled Rubber Sheet Flooring (RRSF) - Or Approved Equal G. Non-PVC Tile Flooring 1. Reference the following products as standards of quality for this category 19 P a a e - Mohawk Hardsurface — Stonewalk Non PVC Tile Flooring (NPCVTF) 2mm j gauge a - Or Approved Equal H. Overall 1. Indoor Environmental Quality: All products must meet CHPS 01350 IAQ Test, passes and listed Third party certified under the FloorScore IAQ testing program FloorScore, developed by the Resilient Floor Covering Institute (RFCI) in conjunction with Scientific Certification Systems (SCS), tests and certifies hard surface flooring and flooring adhesive products for compliance with rigorous indoor air quality emissions requirements Individual volatile organic compounds (VOCs) are evaluated using health-based specifications Flooring and adhesives that earn FloorScore certification earn a legitimately enhanced market position, distinguished by the FloorScore certification label Products bearing the FloorScore label meet the indoor air emissions criteria of • Collaborative for High Performance Schools (CHPS) • LEEDO Green Building Rating Systems • Green Guide for Health Care The U S Green Building Council approved FloorScore-certified products as an alternative compliance path to LEED credit EQ 4 3 Low-Emitting Materials Carpet Systems in October, 2006 FloorScore tests to the CA Section 01350 Specification, which includes the Chronic Reference Exposure Levels (CRELs) concentrations established by the California Office of Environmental Health Hazard Assessment and procedures developed by the US EPA Assuming that other products • Adhesive shall be low-VOC adhesive as recommended by the manufacturer or resilient flooring material for conditions of installation • Leveling and patch compounds* Low-VOC latex type as recommended by the manufacturer of resilient flooring products 14. Resilient Base and Stair Materials A Resilient Base 1. 2 5" Resilient Base (RB2 5) Chart 1, 2 or 3 colors - Reference the following products as standards of quality for this category 20IPaee - 2 5" (RB2 5) coved toe profile Johnsonite TP series i a - Roppe 700 Series - Or Approved Equal 2 4" Resilient Base (R134) Chart 1, 2 or 3 colors- Reference the following products as standards of quality for this category - 4" (RB4) coved toe profile Johnsonite TP series - Roppe 700 Series - Or Approved Equal 3 6" Resilient Base (R136) Chart 1, 2 or 3 colors- Reference the following products as standards of quality for this category - 6° (RB6) coved toe profile Johnsonite TP senes - Roppe 700 Series - Or Approved Equal B Stair Materials 1 Standard stair Tread - Reference the following products as standards of quality for this category - Johnsonite RH—SQ raised square disk pattern, RH—RD raised round disk pattern, or HMT hammered pattern profile - Or Approved Equal - Up charge applies for Optional Visually Impaired Strip insert (lineal foot) 2 Stair Stringer - To match body color of stair tread Johnsonite 3 Stair Riser - To match body color of stair tread Johnsonite 4 Landing Tile -To match body color of stair tread Johnsonite 14. Flooring Repairs 21111age Repair of existing flooring maybe done with same or like materials All repairs will be done using industry best practices and be In accordance with the manufacturer's instructions All repair materials to Include adhesives must meet indoor air quality identified in section J above City of Seattle CONTRACT Terms and Conditions 1. Entire Agreement. This Contract including all attachments, amendments and subsequently issued change notices, comprises the entire agreement between the City of Seattle (Seattle) and the Contractor The City's Purchase Order, the Vendor Offer including all attachments, the Addendum to the Bid, the ITB specifications, the ITB instructions and ITB Attachments, are explicitly included in this Contract Where there are conflicts between these documents, the controlling document will be in that same sequence, with the first taking priority over the last listed 2 Term Any term specified in the solicitation or specification shall prevail Should this be a one-time purchase, the Contract shall commence on the date the City's Buyer signs the same and shall expire sixty (60) days after delivery and acceptance of last item If a Blanket Contract award, this contract shall be for the term specified in the solicitation and if not specified shall be five years,with one two-year extension allowed at the option of the City Such extensions shall be automatic, and shall go into effect without written confirmation.unless the City provides advance notice of the intention to not renew The Vendor may provide also provide a notice to not extend,but must provide such notice at least 45 days prior to the otherwise automatic renewal date 3 Schedule Unless the City's Buyer issues a written change, Contractor shall deliver the items or render the services by the "Last Item Due Date" stated on the Contract signature page At the City's option, Contractor's failure to timely deliver or to perform may require expedited shipping at Contractor's expense, or may be cause for termination of the Contract and the return of all or part of the items at Contractor's expense If Contractor anticipates difficulty in meetmg the schedule, the Contractor shall promptly notify the City's Buyer of such difficulty and the length of the anticipated delay 4. Scope of Work Contractor shall provide the products and/or services specified within this Contract 5 Adjustments The City's Buyer at any time may make reasonable changes in the place of delivery, installation or inspection,the method of shipment or packing,labelmg and identification,extension of contract duration,and ancillary matters that Contractor may accommodate without substantial additional expense to the City 6 Changes and Expansion Authority: No modification of this Contract shall be effective unless in writing and signed by an authorized representative of the City 1'he only person authorized to make amendments on behalf of the City is the Buyer from the City Purchasing Office of the Department of Executive Administration, City of Seattle(also referred to as the City RFP Coordinator) designated for this contract except as otherwise authorized herem or by the City Purchasing Services Division The City Buyer shall issue change notices to Contractor,and such notices shall take effect under the signature of the City unless written objection of the notice is received by the Contractor upon Contractor receipt of the change notice Federal Amendments Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy,per OMB Circular A-102 Common Rule, Section 36 7 Expansion: This contract may be expanded as mutually agreed, if such expansion is approved by the City Buyer Expansions must be issued in writing from the City Buyer in a formal notice The Buyer will ensure the 22 P a a e expansion meets the following criteria collectively (a) it could not be separately bid, (b) the change is for a reasonable purpose, (c)the change was not reasonably known to either the City or vendors at time of bid or else was mentioned as a possibility in the bid (such as a change in environmental regulation or other law), (d) the change is not significant enough to be reasonably regarded as an independent body of work, (e) the change could not have attracted a different field of competition, and(f)the change does not vary the essential identity or main purpose of the contract. The Buyer shall make this determination, and may make exceptions for immaterial changes, emergency or sole source conditions, or for other situations as required in the opinion of the Buyer Note that certain changes are not considered an expansion of scope, including an increase in quantities ordered, the exercise of options and alternates in the bid. or ordering of work originally identified within the originating solicitation If such changes are approved, changes are conducted as a written order issued by the City Purchasing Buyer in writing to the Vendor 8 Payment Seattle agrees to compensate as specified herein or attached, in consideration of acceptable Contractor performance Payment shall only be made for services performed and/or product delivered, after receipt, review and authorization by the City Such payment shall be paid according to early payment discount terms, or if no early payment discount is offered, thirty (30) days after the City's receipt and acceptance of the goods or completion and acceptance of the services Payment periods will be computed from either the date of delivery an acceptance of all goods ordered the acceptance by the City of completion of all services, or the date of receipt of a correct invoice, whichever date is later This section is not intended to restrict partial payments that are specified in the contract All dollars referenced m this Contract and attachments are US Dollars. 9 Invoices Invoices must show a breakdown of services or products provided and price for each. Invoices must specify the Name and Phone Number of the City employee that placed the order Contract Number on Invoice- The Vendor is required to prominently print the City Contract Number on the Invoice 10 Overages/Underages: Shipments shall match the purchase order, any unauthorized advance or excess shipments are returnable at Contractors expense The City is not obligated to return overages and will not pay for overages 11 Taxes,Fees and Licenses. Fees and Licenses Contractor shall pay for and maintain in a current status, any license fees, assessments, permit charges, etc, which are necessary for contract performance It is the Contractor's sole responsibility to monitor and determine any changes or the enactment of any subsequent requirements for said fees, assessments, or charges and to immediately comply with said changes during the entire term of this Contract Contractor must pay all custom duties, brokerage or import fees where applicable as part of the contract price Contractor shall take all necessary actions to ensure that materials or equipment purchased are expedited through customs Taxes Where required by state statute,ordinance or regulation,Contractor shall pay for and maintain in current status all taxes that are necessary for contract performance Unless otherwise indicated, Seattle agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased No charge by the Contractor shall be made for federal excise taxes and Seattle agrees to furnish Contractor with an exemption certificate where appropriate Withholding payment for taxes/busmess license fees due the City of Seattle. If specified by Seattle Municipal Code the Director of the Department of Executive Administration may withhold payment due a City contractor pending satisfactory resolution of unpaid taxes and fees due the City Supplier is to calculate and enter the appropriate Washington State and local sales tax on the invoice Tax is to be computed on new items after deduction of any trade-m_in accordance with WAC 458-20-247 12 Pricing Pricing reflects the following agreements. These are in addition to annual Prevailing Wage adjustments if required The Buyer may exempt these requirements for extraordinary conditions that could not have been known by either parry at the time of bid or other circumstances beyond the control of both parties, as determined in the opinion of the Buyer 231Page — Requests for Price Decreases Requests that reduce pricing charged to the City may be delivered to the City Purchasing Buyer at any time during the contract period Such price reductions should use the same pricing structure as the original contract(i e discounts below list,mark-up above, fixed price, or hourly rates) The City may likewise initiate a request to the vendor for price reductions,subject to mutual agreement of the vendor Requests for Price Increases must be delivered to the City Purchasing Buyer in accordance to the rules below No other employee may accept a rate increase request on behalf of the City Any invoice that is sent to the City with pricing above that specified by the City in writing within this Contract or specified within an official written change issued by City Purchasing to this contract, shall be invalid Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing, and the City would seek reimbursement of the overpayment or would withhold such overpayment from future invoices. A Discount from Manufacturer List Pricing: The City will not accept requests to change discount rates below Manufacturer List prices or mark-up above wholesale, except for those that are more favorable to the City than the original contract As manufacturer list prices change, the net price to the City will automatically change in the same percentage as the discount rate to the City B. One-time Purchase Order Prices: If the Bid is for a one-time purchase,pricing shall be firm and fixed for that purchase, and shall not be subject to requests for price increases by the Vendor With this said, the Vendor may submit requests to reduce and decrease the price C Hourly Rates or Service Pricing For multi-year contracts that provide services The vendor may submit a price reduction that implements a lower and more favorable cost to the City at anytime during the contract Vendor requests for rate increases must be no sooner than two years after contract signature, are at the discretion of the Buyer,and must be 1. The direct result of increases to wage rates and do not exceed the CPI Index or other appropriate service rate index agreed upon between the Buyer and the Vendor 2. Incurred after contract commencement date 3. Not produce a higher profit margin than that on the original contract 4. Clearly identify the service titles and the hours of service performed if specified within the contract and the before and after wage rates for such titles 5. Be filed with Buyer a minimum of 90 calendar days before the effective date of proposed increase 6. Be accompanied by detailed documentation acceptable to the Buyer sufficient to warrant the increase 7. The United States published indices such as the Consumer Price Index or other government data may be referenced to help substantiate the Vendor's documentation A link to the CPI Data is available at hM2//data bls gov/PDQ/outsideissp"surveyvwo S. The Adjustment(if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment 9 Should not deviate from the original contract pricing scheme/methodology D Fixed Product Pricing: For product and supply contracts that provide on-going, multiple year supply The Vendor may submit notice of a price reduction that provides more favorable and lower prices to the City, at any time during the contract Requests by the Vendor to increase pricing shall be no sooner than two years after the execution of the contract, are at the discretion of the Buyer,and must also be 1. The direct result of increases at the manufacturer's level (or if Vendor is a supplier of a raw material delivered directly to the City such as cement or soil,the increase must be verified at the supplier level) 2 Incurred after contract commencement date 3. Not produce a higher profit margin than that on the original contract 4 Clearly identify the items impacted by the increase 5 Be filed with Buyer a minimum of 90 calendar days before the effective date of proposed increase 6 Be accompanied by detailed documentation acceptable to the Buyer sufficient to warrant the increase. 7. The United States published indices such as the Producer Price Index or other government data may be referenced to help substantiate the Vendor's documentation A link to the PPI Commodity Data is available at http //data bls Qov/PDO/outside isp9survey=wp 8 The Adjustment (if any) shall remain firm and fixed for at least 365 days after the effective date of the adjustment 9 Should not deviate from the original contract pricing scheme/methodology 241Page 13 Cost Reductions: Any cost reductions to the Vendor, such as rebates or "specials", shall be reflected in a reduction of the contract price effective immediately Seattle will not be bound by prices contained in an invoice that are higher than those in the contract Unless the higher price has been accepted by the City and the contract amended, the invoice may be rejected and returned to the Vendor for corrections 14 Invoicing: The Vendor is required to provide a method for tracking the cost of the item to the City, with the City discount calculation displayed so that pricing discounts can be easily tracked and verified by the City with each invoice Each invoice to the City shall specify the "Manufacturers Current List Price,"the discount rate that the City receives, and the final net cost to the City. 15 Catalogue and Manufacturer List Pricing: Upon City request, the Vendor shall provide access to the "Manufacturer's Current Price List' in electronic and/or paper format. Such requests may be for current catalogue pricing or for past catalogue that are within the term of the contract. 16 Delivery of Products and Services — Idling Prohibited: Vehicles and/or diesel fuel trucks shall not idle at the time and location of the delivery to the City for more than five minutes. The City requires vendors to utilize practices that reduce fuel consumption and emission discharge. including turning off trucks and vehicles during delivery of products to the City Exceptions to this requirement include when a vehicle is making deliveries and associated power is necessary, when the engine is used to provide power in another device, and if required for proper warm-up and cool- down of the engme Specific examples include"bucket'trucks that allow a worker to reach wires on telephone poles or tree branches for trimming, and vehicles with a lift on the back of a truck to move products in and out of the truck The City of Seattle has a commitment to reduction of unnecessary fuel emissions. The City intends to improve air quality by reducing unnecessary air pollution from idling vehicles Limiting car and truck idling supports cleaner air, healthier work environments, the efficient use of city resources, the public's enjoyment of City properties and programs, conservation of natural resources, and good stewardship practices 17 Travel and Direct Charges: If the specifications and scope of work for this purchase have specifically identified travel and/or direct costs that the City intends to reimburse, then the following requirements shall apply All such expenses must be pre-approved in writing by the Project Manager if the specifications and scope of work do not clearly identify such costs for compensation,than no compensation will be given • City will reimburse the Contractor at actual cost for expenditures that are pre-approved by the City in writing and are necessary and directly applicable to the work required by this Contract provided that similar direct project costs related to the contracts of other clients are consistently accounted for in a like manner Such direct project costs may not be charged as part of overhead expenses Direct charges may include,but are not limited to the following items travel,printing, long distance telephone, supplies, computer charges, and fees of subconsultants or subcontractors • The billing for third parry direct expenses specifically identifiable with this project shall be an itemized listing of the charges supported by copies of the original bills invoices, expense accounts, subconsultant'subcontractor paid invoices, and other supporting documents used by the Contractor to generate invoice(s) to the City The original supporting documents shall be available to the City for inspection upon request All charges must be necessary for the services provided under this Contract • The City will reimburse the actual cost for travel expenses incurred as evidenced by copies of receipts (excluding meals)supporting such travel expenses,and in accordance with the City of Seattle Travel Policy, details of which can be provided upon request 25 1) age • Airfare Airfare will be reimbursed at the actual cost of the airline ticket The City will reimburse for Economy or Coach Fare only Receipts detailing each airfare are required • Meals: Meals will be reimbursed at the Federal Per Diem daily rate for the city in which the work is performed and do not require receipts or additional documentation The City will not reimburse for alcohol at any tune • Lodging: Lodging will be reimbursed at actual cost incurred up to a maximum of the published Runzheimer Cost Index for the city in which the work was performed Receipts detailing each day/night lodging are required The City will reimburse at the single occupancy rate As an alternative, lodging billed at the published Federal Per Diem daily rate for the city in which the work is performed does not require receipts or additional documentation In this case, the invoice needs to state that "the lodging is being billed at the Federal Per Diem daily rate" • Vehicle mileage Vehicle mileage will be reimbursed at the Federal Internal Revenue Service Standard Business Mileage Rate in affect at the time the mileage expense is Incurred(currently that rate is 55 0 cents per mile) • Rental Car: Rental car expenses will be reimbursed at the actual cost of the rental. Rental car receipts are required for all rental car expenses (the City will only pay for the rental of"Compact' vehicles unless three or more persons are sharing one vehicle in which case a"Mid-sized" vehicle rental is acceptable) • Miscellaneous Travel(e g parking,gas,taxi, shuttle,tolls,ferry fees, etc) Miscellaneous travel expenses will be reimbursed at the actual cost incurred Receipts are required for each expense of$10 00 or more • Miscellaneous other business expenses (e.g. printing, photo development, binding) Other miscellaneous business expenses will be reimbursed at the actual cost incurred Receipts are required for all miscellaneous expenses that are billed. • Subcontractor Subcontractor expenses will be reimbursed at the actual cost incurred Copies of all subcontractor invoices that are rebilled to the City are required 18 Delivery: Except when instructed otherwise, Delivery must be made during normal work hours and withm timeframes proposed by Contractor herein and as accepted by Seattle Failure to comply may subject Contractor to non-delivery assessment charges and/or damages as appropriate Seattle reserves the right to refuse shipment when delivered before or after normal working hours Contractor shall verify specific working hours of offices and so instruct carrier(s) to deliver accordingly The acceptance by Seattle of late performance without objection or reservation shall not waive the right of Seattle to claim damages for such breach, nor preclude Seattle from pursuing any other remedy provided herein, including termination, nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor All deliveries are to be made to the applicable delivery location in accordance with Interstate Commerce Commission rules or as indicated in Purchase Order When applicable, Contractor shall take necessary actions to safeguard items during inclement weather 19 Identifcation: All invoices, packing slips, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written documents affecting this contract shall be identified by the applicable purchase order number Packing lists shall be enclosed with each shipment, indicating the contents therein 20 Charges for handling: No charges will be allowed for handling that includes but is not limited to packing, wrapping,bags, containers,or reels,unless otherwise stated herein 21. Contract Notices: Contract notices shall be delivered to the Buyer at the addresses specified in the solicitation. 22 Representations: Contractor represents and warrants that it has the requisite training, skill and experience necessary to provide Work and is appropriately accredited and licensed by all applicable 261Page - agencies and governmental entities 23 Warranties: Contractor warrants that all materials, equipment, and/or services provided under this Contract shall be fit for the purpose(s) for which intended, for merchantability, are properly package, proper instructions and warnings are supplied, that all goods comply with applicable safety and health standards, that an MSDS Sheet is supplied as required by law, and that products or services conform to the requirements and specifications herein Acceptance of any service and inspection incidental thereto by Seattle shall not alter or affect the obligations of the Contractor or the rights of Seattle. 24 Independent Contractor: It is the intention and understanding of the Parties that Contractor shall be an independent contractor and that Seattle shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. The Contractor shall pay all income and other taxes as due Industrial or other insurance that is purchased for the benefit of the Contractor shall not be deemed to convert this Contract to an employment contract It is recognized that Contractor may or will be performing work during the term for other parties and that Seattle is not the exclusive user of the services that Contractor provides. 25 Inspection: Work shall be subject, at all times,to inspection by and with approval of Seattle,but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding Seattle's knowledge of defective or noncomplying performance, its substantiality or the ease of its discovery Contractor shall provide sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities 26 Title,Risk of Loss,Freight, Overages or Underages: Title of goods received under this contract shall remain with the Contractor until they are delivered to the address specified, at which time title passes to Seattle Regardless of FOB point, Contractor agrees to bear all risks of loss, injury,or destruction of goods and materials ordered herein which occur prior to delivery and acceptance Such loss, injury, or destruction shall not release Contractor from any obligations under Prices include freight prepaid and allowed Contractor assumes the risk of every increase, and receives the benefit of every decrease, in delivery rates and charges Shipments shall correspond with the Contract, any unauthorized advance or excess shipment is returnable at Contractor's expense 27. Performance: Acceptance by Seattle of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach, or terminate the contract, nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor. 28 Affirmative Efforts ■ Employment Actions. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity,political ideology, ancestry, national origin, or the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion race, age, color, sex, national origin, marital status, political ideology, ancestry, sexual orientation, gender identity, or the presence of any sensory, mental or physical handicap Such action shall include, but not be limited to employment,upgrading,promotion, demotion, or transfer recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training ■ In accordance with Seattle Municipal Code Chapter 20 42, Contractor shall actively solicit the 27 11age employment and subcontracting of women and minority group members when necessary and commercially useful for purposes of fulfilling the scope of work required for this Contract Contractors shall actively solicit subcontracting bids from subcontractors as needed to perform the work of this contract, from qualified, available and capable women and minority businesses Contractors shall consider the rant of subcontracts to women and mirionty bidders on the basis of substantially equal proposes in the light most favorable to women and minority businesses At the request of Seattle, Contractor shall promptly furnish evidence of the Contractor's compliance with these requirements ■ If upon investigation, the Director of Executive Administration finds probable cause to believe that the Contractor has failed to comply with the requirements of this Section, the Contractor shall notified in writing The Director of Executive Admmistration shall give Contractor an opportunity to be heard, after ten calendar days' notice If, after the Contractors opportunity to be heard, the Director of Executive Administration still finds probable cause, s/he may suspend the Contract and/or withhold any funds due or to become due to the Contractor, pending compliance by the Contractor with the requirements of this Section ■ Any violation of the mandatory requirements of this Section, or a violation of Seattle Municipal Code Chapter 14 04(Fair Employment Practices), Chapter 14 10 (Fair Contracting Practices), Chapter 20 45 (City Contracts—Non-Discrimination in Benefits), or other local, state, or federal non-discrimination laws, shall be a material of contract for which the Contractor may be subject to damages and sanctions provided for by the Vendor Contract and by applicable law In the event the Contractor is in violation of this Section shall be subject to debarment from City contracting activities in accordance with Seattle Municipal Code Section 20 70(Debarment) 29 Equal Employment Opportunity: All Contractors must comply with federal Executive Order 11246, `Equal Employment Opportunity." as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor 30 Civil Rights Act Title VI: The Contractor must comply with the provisions of the Title VI of the Civil Rights Act of 1964 (42 U S C 2000d et seq) The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to,discrimination under any program or activity receiving federal financial assistance 31. Equal Benefits. ■ Compliance with SMC Ch. 20 45 The Contractor shall comply with the requirements of SMC Ch 20 45 and Equal Benefits Program Rules implementing such requirements,under which the Contractor is obligated to provide the same or equivalent benefits ("equal benefits") to its employees with domestic partners as the Contractor provides to its employees with spouses At Seattle's request, the Contractor shall provide complete information and verification of the Contractor's compliance with SMC Ch 20 45 Failure to cooperate with such a request shall constitute a material breach of this Contract (For further information about SMC Ch. 20 45 and the Equal Benefits Program Rules call. (206) 684-0430 or review information at http //cityofseattle net/contract/equalbenefits/.) ■ Remedies for Violations of SMC Ch 20 45 Any violation of this section shall be a material breach of Contract for which the City,may a Require the Contractor to pay actual damages for each day that the Contractor is in violation of SMC Ch 20 45 during the term of the Contract,or b Terminate the Contract,or c. Disqualify the Contractor from bidding on or being awarded a City contract for a period of up to five(5)years,or d Impose such other remedies as specifically provided for in SMC Ch 20 45 and the Equal Benefits Program Rules promulgated there under. 28 Page 32, Publicity No news release, advertisement, promotional material, tow, or demonstration related to the City's purchase or use of the Contractor's product or any work performed pursuant to this Contract shall be produced, distributed or take place without the prior, specific written approval of the City's Project Director or his/her designee 33 Proprietary and Confidential Information: I Contractor understands that any records (including but not limited to bid or proposal submittals, the Agreement, and any other contract materials) it submits to the City, or that are used by the City even if the Contractor possesses the records, are public records under Washington State law, RCW Chapter 42 56 Public records must be promptly disclosed upon request unless a statute exempts them from disclosure The Contractor also understands that even if part of a record is exempt from disclosure, the rest of that record generally must be disclosed 2. If the City receives a public disclosure request made pursuant to RCW 42 56,the City will not assert an exemption from disclosure on behalf of the Contractor For materials that the Vendor has properly marked, the City may notify the Contractor of the request and postpone disclosure for ten business days to allow the Contractor to file a lawsuit seeking an injunction preventing the release of documents pursuant to RCW 42 56 540 Any notification is provided as a courtesy and is not an obligation on behalf of the City Unless the Contractor obtains and serves an injunction upon the City before the close of business on the tenth business day after the date of the notification, the City may release the documents It is the Contractor's discretionary decision whether to file the lawsuit 3 In order to request that material not be disclosed until receipt of notification of a public disclosure request,you must identify the specific materials and citations very clearly on the City Vendor Questionnaire that you believe are exempt from disclosure The City will not withhold material for notification if the Contractor simply marked confidential on the document header, tooter, stamped on all pages, or offered a generic statement that the entire document is protected Only material specifically listed and properly cited on the Vendor Questionnaire will be temporarily withheld until the City provides notification of a public disclosure request 4 If the Contractor does not obtain and serve an injunction upon the City within 10 business days of the date of the City's notification of the request, the Contractor is deemed to have authorized releasing the record 5 If the Contractor does not submit a request within the Vendor Questionnaire,the Contractor is deemed to have authorized releasing any and all information submitted to the City 6 Notwithstanding the above, the Contractor must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Contractor's obligations under this Agreement 7 The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request 34 Indemnification• To the extent permitted by law,the Contractor shall protect, defend, indemnify and hold the City harmless from and against all claims, demands, damages, costs, actions and causes of actions, liabilities, fines, penalties, judgments, expenses and attorney fees, resulting from the injury or death of any person or the damage to or destruction of property, or the infringement of any patent. copyright, trademark or trade secret, arising out of the work performed or goods provided under this Contract, or the Contractor's violation of any law, ordinance or regulation, contract provision or term, or condition of regulatory authorization or permit, except for damages resulting from the sole negligence of the City As to the City of Seattle, the Contractor waives any immunity it may have under RCW Title 51 or any other Workers Compensation statute The parties acknowledge that this waiver has been negotiated by them,and that the contract price reflects this negotiation. 291Page 35 Insurance Unless specified otherwise,the following is in effect Contractor shall maintain at its own expense at all times during the term of this Contract the following insurance with limits of liability consistent with those generally carried by similarly situated enterprise I MINIMUM COVERAGES AND LIMITS OF LIABILITY. Vendor shall at all times during the term of this Agreement maintain continuously, at its own expense, minimum insurance coverage's and limits of liability as specified below A Commercial General Liability(CGL)insurance,including- -Premises/Operations -Products/Completed Operations -Personal/Advertising Injury -Contractual -Independent Contractors -Stop Gap/Employers Liability With minimum limits of liability of$1,000,000 each occurrence combined single limit bodily injury and property damage("CSL"),except $1,000,000 Personal/AdvertisingInjury $1,000,000 each accident/disease/employee Stop Gap/Employer's Liability B. Automobile Liability insurance, including coverage for owned, non-owned, leased or hired vehicles with a minimum limit of liability of$1,000,000 CSL C Worker's Compensation for industrial injury to Vendor's employees in accordance with the provisions of Title 51 of the Revised Code of Washington 2 CITY AS ADDITIONAL INSURED The City of Seattle shall be included as an additional insured under CGL and Automobile Liability insurance for primary and non-contributory limits of liability. 3. NO LIMITATION OF LIABILITY The limits of liability specified herein in subparagraph 1 A are minimum limits of liability only and shall not be deemed to limit the liability of Vendor or any Vendor insurer except as respects the stated limit of liability of each policy Where required to be an additional insured, the City of Seattle shall be so for the full limits of liability maintained by Vendor, whether such limits are primary,excess, contingent or otherwise 4 MINIMUM SECURITY REQUIREMENT All insurers must be rated A-VII or higher in the current A M Best's Key Rating Guide and licensed to do business in the State of Washington unless coverage is issued as surplus lines by a Washington Surplus Imes broker 5 SELF-INSURANCE Any self-insured retention not fronted by an insurer must be disclosed Any defense costs or claim payments falling within a self-insured retention shall be the responsibility of Vendor 6. EVIDENCE OF COVERAGE Prior to performance of any scope of work under paragraph 5,Vendor shall provide certification of insurance acceptable to the City evidencing the minimum coverage's and limits of liability and other requirements specified herein Such certification must include a copy of the policy provision documenting that the City of Seattle is an additional insured for commercial general liability insurance on a primary and non-contributory basis 36 Audit: Upon request, Contractor shall permit Seattle, and any other governmental agency involved in the funding of the Work ("Agency"), to inspect and audit all pertinent books and records of Contractor, any subcontractor, or any other person or entity that performed work in connection with or related to the Work, at any and all tunes deemed necessary by Seattle or Agency, including up to six years after the final payment or release of withheld amounts has been made under this Contract Such inspection and audit shall occur in King County, Washington or other such reasonable location as Seattle or Agency selects The Contractor shall supply 301Page Seattle with, or shall permit Seattle to make, a copy of any books and records and any portion thereof The Contractor shall ensure that such inspection, audit and copying right of Seattle and Agency is a condition of any subcontract, agreement or other arrangement under which any other person or entity is permitted to perform work under this Contract The City,the Federal grant agency if any,the Comptroller General of the United States,or any of their duly authorized representatives shall be provided access to any books, documents,papers and records of the subcontractor or any subcontract which are directly pertinent to this specific contract for the purpose of making audit, examination, excerpts and transcriptions FAR clause 52 215-2 incorporated by reference The complete clause maybe viewed at hqp//wtivw Whitehouse Qov/omb/circulars/a110/ The OMB A-110 provisions in effect at the time of this order govern FAR clauses may be viewed at http www arnet gov/far/ 37. Contractual Relationship: The relationship of Contractor to Seattle by reason of this Contract shall be that of an independent contractor This Contract does not authorize Contractor to act as the agent or legal representative of Seattle for any purpose whatsoever Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of Seattle or to bind Seattle in any manner or thing whatsoever 38 Supervision and Coordination: Contractor shall: ■ Competently and efficiently, supervise and direct the implementation and completion of all contract requirements specified herein ■ Designate in its bid or proposal to Seattle, a representative(s) with the authority to legally commit Contractor's firm All communications given or received from the Contractor's representative shall be binding on the Contractor • Promote and offer to Purchasers only those materials, equipment and/or services as stated herein and allowed for by contractual requirements Violation of this condition will be grounds for contract termination 39. Compliance with Law• • General Requirement The Contractor, at its sole cost and expense shall perform and comply with all applicable laws of the United States and the State of Washington, the Charter, Municipal Code, and ordinances of The City of Seattle, and rules, regulations, orders, and directives of their respective administrative agencies and officers • Licenses and Similar Authorizations: The Contractor, at no expense to the City, shall secure and maintain in full force and effect during the tern of this Contract all required licenses, permits, and similar legal authorizations, and comply with all related requirements ■ Taxes: The Contractor shall pay, before delinquency, all taxes, import duties, levies, and assessments arising from its activities and undertakings under this Contract, taxes levied on its property, equipment and improvements, and taxes on the Contractor's interest in this Contract 40 Americans with Disabilities Act: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Contract In particular, if the Contractor is providing services, programs, or activities to City employees or members of the public as part of this Contract, the Contractor shall not deny participation or the benefits of such services, programs, or activities to people with disabilities on the basis of such disability Failure to comply with the provisions of the ADA shall be a material breach of,and grounds for the immediate termination of,this Contract. 41 OSHAIWISHA: Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and, if it has a workplace within the State of Washington, the Washington Industrial Safety and Health Act of 1973 (WISHA), as may be amended, and the standards and regulations issued thereunder and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations Contractor further agrees to indemnify and hold harmless 311Page purchaser from all damages assessed against purchaser as a result of Contractor's failure to comply with the acts and standards thereunder and for the failure of the items furnished under this order to so comply. 42 Contract Work Hours and Safety Standards: For all contracts that employ mechanics or laborers, the Contractor and all subs shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C 327-333), as supplemented by Department of Labor regulations (29 CFR part 5) Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours Work in excess of the standard work week is permissible provide that the worker is compensated at a rate of not less than 1 Yz tunes the basic rate of pay for all hours worked in excess of 40 hours in the work week Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 43 Beck Notice: Notification of Employee Rights Concerning Payment of Union Dues or Fees (Executive Order 13201)shall apply to all contracts above 5100,000 44 Clean Air Act and Federal Water Pollution Control Act: All Contractors and subcontractors shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U S C 7401 et seq) and the Federal Water Pollution Control Act as amended(33 U S C 1251 et seq) Violations shall be reported to the City immediately and to the Regional Office of the Environmental Protection Agency(EPA). 45 Energy Efficiency All contractors and subcontractors must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub L 94-163, 89 Stat 871) 46 Assignment and Subcontracting: Contractor shall not assign or subcontract any of its obligations under this Contract without Seattle's written consent, which may be granted or withheld in Seattle's sole discretion Any subcontract made by Contractor shall incorporate by reference all the terms of this Contract except for Equal Benefit provisions Contractor shall ensure that all subcontractors comply with the obligations and requirements of the subcontract except for Equal Benefit provisions Seattle's consent to any assignment or subcontract shall not release the Contractor from liability under this Contract, or from any obligation to be performed under this Contract,whether occurring before or after such consent,assignment,or subcontract 47 Federal Debarment for Primes and all Subcontractors: By signing this agreement,the Contractor certifies that neither it nor its principals is presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency Contractor shall immediately notify the City of any suspension or debarment or other action that excludes the Contractor and any subcontractor level from participation in Federal contracting Prior to performance of any work by the Contractor or any subcontractor under this contract, Contractor shall verify all subcontractors that are intended and/or used by the Contractor for performance of City work are in good standing and are not debarred, suspended or otherwise ineligible by the Federal Government Contractor shall include this same provision in any subcontractor or lower contract agreements Debarment shall be verified at bus//www epis gov/epls/search do The Contractor shall keep documentation of such verification within the Contractor records 48 Involvement of Former City Employees: Contractor shall promptly notify Seattle in writing of any person who is expected to perform any of the Work and who, during the twelve (12) months immediately prior to the expected commencement date of such work or subcontract, was a City officer or employee Contractor shall ensure that no Work or matter related to the Work is performed by any person (employee, subcontractor, or otherwise) who was a City officer or employee within the past twelve (12) months, and as such was officially involved in,participated in, or acted upon any matter related to the Work, or is otherwise prohibited from such performance by SMC 4 16 075 49 Copeland Anti-Kickback Act) All contractors and subcontractors for construction or repair shall comply with the Copeland "Ann-Kickback" Action (18 U S C 874) as supplemented by Department of Labor regulations 32 11age (29 CFR, part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States") The Act provides that each contractor or subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which s/he is otherwise entitled The Contractor shall immediately notify the City of any suspected or reported violations 50. Byrd Anti-Lobbying Amendment Contractors executing contracts with the City shall sign the Vendor Questionnaire, providing certification of compliance to the Byrd Anti-Lobbying Amendment (31 U S C 1352) Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U S C 13652 Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City. 51 No Conflict of Interest: Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor selection, negotiation,drafting,signing, administration, or evaluating the Contractor's performance 52 No Gifts or Gratuities: Contractor shall not directly or indirectly offer gifts and resources to any person employed by the City that is intended, or may be reasonably intended, to benefit the Vendor by way of award, administration, or in any other way to influence purchasing decisions of the City This includes but is not limited to, City Purchasing office employees and City employees that do business with, order, purchase or are part of decision-making for business, contract or purchase decisions The Vendor shall not offer meals, gifts. gratuities, loans, trips, favors,bonuses, donations, special discounts,work,or anything of economic value to any such City employees This does not prohibit distribution of promotional items that are less than $25 when provided as part of routine business activity such as trade shows Any violation of this provision may result in termination of this Contract Nothing in this Contract prohibits donations to campaigns for election to City office, so long as the donation is disclosed as required by the election campaign disclosure laws of the City and of the State 53 Intellectual Property Rights: Patents: Contractor hereby assigns to Seattle all rights in any invention, improvement, or discovery, together with all related information including but not limited to, designs, specifications, data, patent rights and findings developed in connection with the performance of Contract or any subcontract hereunder Notwithstanding the above,the Contractor does not convey to Seattle,nor does Seattle obtain, any right to any document or material utilized by Contractor that was created or produced separate from this Contract or was preexisting material (not already owned by Seattle), provided that the Contractor has clearly identified in writing such material as preexisting prior to commencement of the Work To the extent that preexisting materials are incorporated into the Work, the Contractor grants Seattle an irrevocable, non-exclusive, fully paid, royalty-free right and/or license to use, execute, reproduce, display, and transfer the preexisting material.but only as an inseparable part of the Work Copyrights- For materials and documents prepared by Contractor in connection with the Work, Contractor shall retain the copyright (including the right of reuse) whether or not the Work is completed Contractor grants to Seattle a non-exclusive, irrevocable, unlimited, royalty-free license to use every document and all other materials prepared by the Contractor for Seattle under this Contract. If requested by Seattle, a copy of all drawing, prints, plans, field notes, reports, documents, files, input materials, output materials, the media upon which they are located (including cards,tapes, discs and other storage facilities), software programs or packages (including source code or codes, object codes, upgrades, revisions, modifications, and any related materials) and/or any other related documents or materials which are developed solely for, and paid for by, Seattle in connection with the performance of the Work, shall be promptly delivered to Seattle. 331Page Seattle may make and retain copies of such documents for its information and reference in connection with their use on the project The Contractor does not represent or warrant that such documents are suitable for reuse by Seattle, or others, on extensions of the project, or on any other project Contractor represents and warrants that it has all necessary legal authority to make the assignments and grant the licenses required by this Section 54 No personal liability No officer, agent or authorized employee of the City shall be personally responsible for any liability arising under this Contract, whether expressed or implied, nor for any statement or representation made herein or in any connection with this Contract 55 Binding Effect The provisions, covenants and conditions in this Contract apply to bind the parties,their legal heirs,representatives, successors, and assigns 56 Waiver: No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant,term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition Neither the acceptance by Seattle of any performance by the Contractor after the time the same shall have become due nor payment to the Contractor for any portion of the Work shall constitute a waiver by Seattle of the breach or default of any covenant,term or condition unless otherwise this is expressly agreed to by Seattle, in writing The City's failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or the City's waiver of any breach hereunder shall not thereafter waive any other tern, condition,or privilege,whether of the same or similar type 57. Anti-Trust Seattle maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore the Contractor hereby assigns to Seattle any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are not passed on to Seattle under an escalation clause 58. Applicable Law: This Contract shall be construed under the laws of the State of Washington The venue for any action relating to this Contract shall be in the Superior Court for King County State of Washington. 59 Remedies Cumulative: Remedies under this Contract are cumulative,the use of one remedy shall not betaken to exclude or waive the right to use another 60 Captions: The titles of sections, or subsections, are for convenience only and do not define or limit the contents 61 Severability: Any invalidity, in whole or in part, of any provision of this Contract shall not affect the validity of any other of its provisions 62 Disputes: Any dispute or misunderstanding that may arise under this Contract concerning Contractor's performance shall first be resolved, if mutually agreed to be appropriate, through negotiations between the Contractor's Project Manager and Seattle's Project Manager, or if mutually agreed, referred to the City's named representative and the Contractor's senior executive(s) Either parry may decline or discontinue such discussions and may then pursue other means to resolve such disputes, or may by mutual agreement pursue other dispute alternatives such as alternate dispute resolution processes Nothing in this dispute process shall in any way mitigate the rights, if any, of either party to terminate the contract in accordance with the termination provisions herein Notwithstanding above, if Seattle believes in good faith that some portion of Work has not been completed satisfactorily, Seattle may require Contractor to correct such work prior to Seattle payment In such even, Seattle must clearly and reasonably provide to Contractor an explanation of the concern and the remedy that Seattle expects Seattle may withhold from any payment that is otherwise due, an amount that Seattle in good faith finds to be under dispute, or if the Contractor does not provide a sufficient remedy, Seattle may retain the amount equal to the cost to Seattle for otherwise correcting or remedying the work not properly completed 63. Termination: 34 11aae For Cause Seattle may terminate this Contract if the Contractor is in material breach of any terms of this Contract,and such breach has not been corrected to Seattle's reasonable satisfaction in a timely manner For City's Convenience Seattle may terminate this Contract in whole or in part, without cause and for any reason including Seattle's convenience,upon written notice to the Contractor Nonappropriation of Funds- Seattle may terminate this Contract at any time without notice due to nonappropriation of funds, whether such funds are local, state or federal grants, and no such notice shall be required notwithstanding any notice requirements that may be agreed upon for other causes of termination Acts of Insolvency Seattle may terminate this Contract by written notice to Contractor if the Contractor becomes insolvent,makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated,voluntarily or otherwise Termination for Gifts or Gratuities Seattle may terminate this Contract by written notice to Contractor if Seattle finds that any gratuity in the form of entertainment. a gift, or otherwise, was offered to or given by the Contractor or any agent therefor to any City official,officer or employee,as defined above Notice Seattle is not required to provide advance notice of termination Notwithstanding,the Buyer may issue a termination notice with an effective date later than the termination notice itself to such case, the Contractor shall continue to provide products and services as required by the Buyer until the effective date provided in the termination notice Actions upon Termination- in the event of termination not the fault of the Contractor, the Contractor shall be paid for the services properly performed prior to termination,together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum compensation to be paid under the Contract The Contractor agrees that this payment shall fully and adequately compensate the Contractor and all subcontractors for all profits, costs, expenses losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Contract Upon termination for any reason, the Contractor shall provide Seattle with the most current design documents, contract documents,writings and other product it has completed to the date of termmation, along with copies of all project-related correspondence and similar items Seattle shall have the same rights to use these materials as if termination had not occurred. 64 Force Majeure—Suspension and Termination: This section applies in the event that either party is unable to perform the obligations of this contract because of a Force Maleure event as defined herein,to the extent that the Contract obligations must be suspended in full A Force Maleure event is an event that prohibits performance and is beyond the control of the party Such events may include natural or man-made disasters, or an action or decree of a superior governmental body.which prevents performance. Force Maleure under this Section shall only apply in the event that performance is rendered not possible by either party or its agents Should it be possible to provide partial performance that is acceptable to the City under Section#2(Emergencies or Dias asters), Section#2 below shall instead be in force. Should either party suffer from a Force Maleure event and is unable to provide performance, such party shall give notice to the remaining party as soon as practical and shall do everything possible to resume performance Upon receipt of such notice, the party shall be excused from such performance as is affected by the Force Maleure Event for the period of such Event If such Event affects the delivery date or warranty provisions of this Agreement, such date or warranty period shall automatically be extended for a period equal to the duration of such Event. 65. Major Emergencies or Disasters: The City may undergo an emergency or disaster that may require the Contractor to either increase or decrease quantities from normal deliveries, or that may disrupt the Contractor's ability to provide normal performance Such events may include, but are not limited to, a storm, high wind, 35111aae earthquake, flood hazardous material release, and transportation mishap, loss of any utility service,fire,tenonst activity or any combination of the above. In such events,the following shall apply (a) The City shall notify the Contractor that the City is experiencing an emergency or disaster,and will request emergency and priority services from the Contractor (b) The City may request that the Contractor provide either mcreased or decreased quantities from traditional orders or may request Contractor provide additional products or services (c) Upon such notice by the City, the Contractor shall make reasonable efforts to provide the City the materials in the quantities requested and within the schedule specified by the City, adhering to the conditions in this Section (d) The City of Seattle shall be the customer of first priority for the Contractor,except where preceded by State or Federal government mandates The Contractor shall provide its best and priority efforts to provide the requested goods and/or services to the City of Seattle in as complete and timely manner as possible Such efforts by the Contractor are not to be diminished as a result of Contractor providmg service to other customers, except as mandated by State or Federal governments (e) If the Contractor is unable to respond in the time and/or quantities requested by the City, the Contractor shall promptly assist the City to the extent practicable, to gain access to alternative materials and/or services This may include a Coordinating with other distributors or subsidiaries beyond those in the local region to fulfill order requests, b Offering the City substitutions provided the Contractor obtains prior approval from the City for such substitution The Contractor shall charge the City the price determined in this Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock) However, in the event that the City's request results in the Contractor incurring unavoidable additional costs and causes the Contractor to increase prices in order to obtain a fair rate of return,the Contractor shall charge the City a price not to exceed the cost/profit formula found in this Contract 66 Interlocal Cooperation Act: RCW 39 34 allows cooperative purchasing between public agencies, and other political subdivisions SMC 20 60 100 also allows non profits to use these agreements Such agencies that file an Intergovernmental Cooperative Purchasing Agreement with the City of Seattle may purchase from Contracts established by the City Unless Vendor declines on the Offer submitted by the Seller to the City, the Vendor agrees to sell additional items at the bid prices, terms and conditions, to other eligible governmental agencies that have such agreements with the City The City of Seattle accepts no responsibility for the payment of the purchase price by other go),ernmental agencies Should the Vendor require additional pricing for such purchases,the Vendor is to name such additional pricing upon Offer to the City 67. Selling to City Vendors Unless rejected by the Vendor in the Offer submitted to the City, the Contract will default to permitting City contractors to accept orders from City Vendors who are working on City projects, and sell the Vendors your products at the City contract price The City may recommend your City contract as a source,to other winning City contractors for certain products 68 City Debarment: In accordance with SMC Ch 20.70, the Director of Executive Administration or designee may debar a Vendor from entering into a Contract with the City or from acting as a subcontractor on any Contract with the City for up to five years after determmmg that any of the following reasons exist 1) Contractor has received overall performance evaluations of deficient, inadequate, or substandard performance on three or more City Contracts 2) Contractor failed to comply with City ordinances or Contract terms, including but not limited to, ordinance or Contract terms relating to small business utilization, discrimination, prevailing wage requirements, equal benefits,or apprentice utilization 3) Contractor abandoned, surrendered, or failed to complete or to perform work on or in connection with a City Contract 36 Paae 4) Contractor failed to comply with Contract provisions, including but not limited to quality of workmanship,timeliness of performance, and safety standards 5) Contractor submitted false or intentionally misleading documents, reports, invoices, or other statements to the City in connection with a Contract. 6) Contractor colluded with another contractor to restrain competition. 7) Contractor committed fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a Contract for the City or any other government entity 8) Contractor failed to cooperate in a City debarment investigation 9) Contractor failed to comply with SMC 14 04, SMC Ch 14 10, SMC Ch 20 42, or SMC Ch 20.45, or other local, State,or federal non-discrimination laws. The Director may issue an Order of Debarment after adhering to the procedures specified in SMC 20.70 050. The rights and remedies of the City under these provisions are in addition to any other rights and remedies provided by law or under the Contract 69 Recycled Product Requirements: To promote and encourage environmentally sustainable practices for companies doing business with the City, the City requires that vendors under City contract use environmentally preferable products in production of City work products. Green Seal Products: Contractor shall use Green Seal, Eco-Logo or other certified cleaning products if approved by the City, in performance of all cleaning and janitorial work to protect the health, safety, wellness and environmentally sustainable practices that the City requires of companies doing business with the City Cleaning products, floor care products and other products used in the performance of work that carry a Green Seal certification are required The Bidder shall identify the products that the Bidder intends to use at the City facilities and shall list them on the Offer Form, with a notation to confirm the Green Seal product certification The Green Seal website is http //www creenseal ora.1findaproduct/index cfm The City has contracts with various vendors who will supply the winning Bidder with Green Seal certified products for use in performance of City contract work,at City contract pricing For the list of vendors, contact the City Buyer Paper and Paper Product Requirements: The City requires use of 100% PCF (post consumer recycled content, chlorine-free) Grays Harbor paper, to comply with the City Executive Order and to encourage environmentally preferable practices for City business Such paper is available at City contract prices from Keeney's Office Supplies at 425-285-0541 The City also requires Binders that are fully 100% recycled stock "Rebmders" are a product that fit this requirement and are available at City contract prices from Keeney's Office Supplies at 425-285-0541 Please do not use binders or plastic folders,unless essential Contractors shall duplex materials prepared for Seattle under this Contract, whether materials are printed or copied, except when impracticable due to the nature of the product This is executed under the Mayor's Executive Order issued February 13,2005 70 Workers Right to Know: "Right to Know" legislation required the Department of Labor and Industries to establish a program to make employers and employees more aware of the hazardous substances in their work environment WAC 296-62-054 requires among other things that all manufacturers/distributors of hazardous substances, including any of the items listed on this ITB, RFP or contract bid and subsequent award, must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material Additionally, each container of hazardous matenal must be appropriately labeled with the identity of the hazardous material, appropriate hazardous warnings, and the Name and Address of the chemical manufacturer, improper, or other responsible party Labor and Industries may levy appropriate fines against employers for noncompliance and agencies may withbold payment pending receipt of a legible copy of the MSDS OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to"carcinogenic ingredients and"routes of entry"of the product(s)in question 71 Davis Bacon Act. 371Page If applicable, Contractor shall comply with the Davis-Bacon Act(40 U S C 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction") Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor In addition, contractors shall be required to pay wages not less than once a week The Contractor shall report all suspected or reported violations to the City http//wwwapogov/davisbacon/wahtmI For projects where both the state prevailing wage law and the federal Davis-Bacon and related Acts apply, contractors must pay the higher of the state or the federal wage rates, on a classification by classification basis 72. Prevailing Wage Requirements. a This contract is subject to prevailing wages,as required by RCW 39 12 (Prevailing Wages on Public Works)and RCW 49 28(Hours of Labor)as amended or supplemented b Contractor and any subcontractors shall be responsible for compliance with all provisions herein c Filing Your Intent The awarded Contractor and all subcontractors shall file an Intent to Pay Prevailmg Wage Form concurrent with the execution of the contract • You will need a Contract Number and a Start Date The Buyer will tell you your Contract Number,the start date is the your contract is signed • The Contractor and their subcontractor(s)shall then promptly submit the Intent to the Department of Labor&Industries for approval • This must be done online at the L&I website- htrp//www lni wa gov/TradesLicensing/PrevWave/defaqh-M. • If the Contractor is unable to file on-line,a paper copy of the approved Intent shall instead be promptly provided to the Buyer d. Contractor and any subcontractor shall not pay any laborer, worker or mechanic less than the prevailing hourly wage rates that were in effect at the time of bid opening for the worker classifications that are provided for under Prevailing Wages as issued by the State of Washington for the County in which the work shall be performed e Vocationally handicapped workers, i e those individuals whose earning capacity is impaired by physical or mental deficiency or injury,may be employed at wages lower than the established prevailing wage The Fair Labor Standards Act requires that wages based on individual productivity be paid to handicapped workers employed under certificates issued by the Secretary of Labor These certificates are acceptable to the Department of Labor and Industries Sheltered workshops for the handicapped may submit a request to the Department of Labor and Industries for a special certificate, which would, if approved, entitle them to pay their employees at wages,lower than the established prevailing wage f In certain situations, an Intent to Pay Prevailing wages shall be filed with the Department of Labor & Industries and with the Buyer, but the Vendor may indicate an exception on the Intent Form which exempts the requirement to pay at least prevailing wages rates for the following • Sole owners and their spouse. • Any partner who owns at least 30%of a partnership • The president, vice-president and treasurer of a corporation if each one owns at least 30% of the corporation • Workers regularly employed on monthly or per diem salary by state or any political subdivision created ¢ by its laws g Prevailing Wage rates in effect at the time of bid opening are attached. These wages remain in effect for the duration of this contract, except for annual adjustments required by this agreement for multi-year contracts (where contract is longer than one year) and for building service maintenance (Janitorial, waxers, shampooers,and window cleaners) 38 Page h It is the sole i responsibility of the Contractor to assign the appropriate classification and associate wage rates to all laborers,workers or mechanics that perform any work under this contract, in conformance with the scope of work descriptions of the Industrial Statistician of the Washington State Department of Labor and Industries j. With each invoice, Contractor will attach or write a statement that wages paid were compliant to applicable Prevailing Wage rates k Upon contract completion, Contractor and each subcontractor shall then file the Affidavit of Wages Paid (form L700-007-000) approved by the Industrial Statistician of Washington State L&I This may be performed on-line if the Contractor has initiated the original Intent to Pay Prevailing Wage process on line The receipt of the approved affidavit is required before Seattle can pay the final invoice 1. For jobs above$10,000, Contractor is required to post for employees' inspection,the Intent form including the list of the labor classifications and wages used on the project This may be postured in the nearest local office, for road construction, sewer line, pipeline, transmission line, street or alley improvement projects as long as the employer provides a copy of the Intent form to the employee upon request. in In the event any dispute arises as to what the prevailing wages are for this Contract, and the dispute cannot be solved by the parties involved, the matter shall be referred to the Director of the Department of Labor and Industries of the State of Washmgton In such case, the Director's decision shall be final, conclusive and binding on all parties If the dispute involves a federal prevailing wage rate,the matter shall be referred to the U S Secretary of Labor for a decision In such case, the Secretary's decision shall be final, conclusive and binding on all parties Prevailing Wage rate changes for Service Contracts greater than one year in duration: a. This provision only applies to service contracts that continue beyond a single year in duration, including building service maintenance contracts (janitorial service contractors and work performed by janitors. waxers, shampooers, and window cleaners) and to multi.-year service contracts. b. Contractor and any subcontractor must pay at least the prevailing wage rates that were in effect at time of bid throughout the duration of the contract c. Each contract anniversary thereafter, Contractor and any subcontractors shall review the then current Prevailing Wage Rates The Contractor shall increase wages paid if required to meet no less then the current wage rates in effect at the time of the contract anniversary. d. Any price or rate increases made as a result of a change in the prevailing wages will be compensated by the City on a pass through basis if the Contract requests a price increase in accordance with the price increase request requirements provided elsewhere in this contract. The Contractor must follow the contract instructions for pricing increases,notifying the Buyer at least 45 days prior to the contract anniversary date of any resulting price increase and documenting the increase. --- - ----- - --- ----- - --- - - - --- - - - 39 1' aige Statement of Intent to Pay Prevailing Wages Page 1 of 2 / Prevailing Wage Section 2'ji5gDepartment of Labor& Statement of Intent to Pay Industries Prevailing Wage PO Box Olympia, A0 98504-4540 (360)902-5335 Received. Intent Id: Status: 12115/2010 326059 Approved on 1 211 7/20 1 0 COMPANY Companylnfonnation: GREAT FLOORS GREATF'955D4 license F lsro� 602 049 236 524 SHERMAN AVE Search for Industrial COEUR D ALENE, ID 83814 Insurance Premium Status (208)664-5405 Payment Type: Electronic Company Signature: Electronic PROJECT Public Agency: KENT, CITY OF 220-4TH AVE S KENT,WA 98032-5895 Agency Contact Name: CHARLESLINDSEY Agency Contact Phone: (253)856-5080 County: KING Multiple Counties?No City. KENT Job Site Address/Directions: CENTENNIAL BUILDING--400 W GOWE STREET-KENT,WA 98032 Project Name: CENTENNIAL 3RD FLOOR AREA 1 Contract Number. BID#38764 Bid Due Date: 11/24/2010 Award Date. 12/0812010 Expected Job Start Date: 01/01/2011 Prime Contractor: GREAT FLOORS GREATF'955D4 (208)664-5405 Does Your Company Intend To Hire Subcontractors To Perform All Work? Yes Does Your Company intend To Hire Any Subcontractors? Yes Apprentices? No $Amount of your contract $15,260.67 Time and Materials No (including sales tax): Number of Owners/Operators Performing Work on the Project 0 that Own 30%or More of the Company. htt¢S://fm trem.w.a.goviniLpwiaplubLInten Prin ap2IIZ326059 --------- 12/17/2010 _ Statement of Intent to Pay Prevailing Wages Page 2 of 2 Will your company have employees perform work on this No project? Does this project utilize American Recovery and Reinvestment Act (ARRA)funds? No More specifically,does this project utilize any weatherization or energy efficiency upgrade funds(ARRA or otherwise)? No Filed by: GREAT FLOORS COMMERCIAL EMPLOYEES' WAGES Journey Level Trades/Occupations http�:lLfortrscs wa.gov/Ini/p�riaRubLIntentPrint 9<�n, ro=�26Q59 1211�/2Q1D _ Statement of Intent to Pay Prevailing NV ages Prevailing Wage Section Department of Labor& Statement of Intent to Pay Industries Prevailing Wage Po Box 44540 Olympia,WA 98504-4540 (360)902-5335 Received. Intent Id. Status: 12/15/2010 326054 Approved on 12/20/2010 COMPANY Company Information: GREAT FLOORS GREATF'955D4 License Htsmwr 602 049 236 524 SHERMAN AVE Search for ustnai Insurance Premium Status tus COEUR D ALENE, ID 83814 (208)664-5405 Payment Type: Electronic Company Signature: Electronic PROJECT Public Agency: KENT, CITY OF 220-4TH AVE S KENT, WA 98032-5895 Agency Contact Name: CHARLES LINDSEY Agency Contact Phone: (253)856-5080 County: KING Multiple Counties?No City. KENT Job Site Address/Directions: CENTENNIAL BUILDING-400 W GOWE STREET-KENT,WA 98032 Project Name: CENTENNIAL 3RD FLOOR AREA 2 Contract Number. BID#38765 Bid Due Date: 11/24/2010 Award Date: 1 210 8/2 0 1 0 Expected Job Start Date. 01/01/2011 Prime Contractor. GREAT FLOORS GREATF'955D4 (208)664-5405 Does Your Company Intend To Hire Subcontractors To Perform All Work? Yes Does Your Company Intend To Hire Any Subcontractors? Yes Apprentices? No $Amount of your contract(including sales tax): $34 161.38 Tlme and Materials No Number of Owners/Operators Performing Work on the Project that Own 30%or More of the 0 Company. _ _ https://fortress ntPrint.asp?ID=326054 ____ 12/20/2010- Page 2 of 2 Statement of Intent to Pay Ftevailing�7lages will your company have employees Perform work on this No project? Does this project utilize American Recovery and Reinvestment Act (ARRA)funds? No More specifically, does this project utlllze any weatherization or energy efficiency upgrade funds(ARRA or otherwise)? No Filed by: GREAT FLOORS COMMERCIAL EMPLOYEES' WAGES Journey Level Trades/Occupations �. .—_https-Moftmsc_w-.goy/Inilpwiapuh/IntentPdn cix?ID-73M54 _120-012M-.----- ACORD„ CERTIFICATE OF LIABILITY INSURANCE oiii9/2011 PRODUCER 509.325.3024 FAX 509,325.1803 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moloney, O'Neill , Corkery & )ones, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 818 W Riverside, #800 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Spokane, WA 99201 INSURERS AFFORDING COVERAGE NAIC# INSURED Great Floors LLC DBA Great Floors INSLRERA Continental Western Ins Co 524 Sherman Ave INSURER B Coeur D'Alene, ID 83814 INSURERC INSURER D INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADO'L TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS DATE tMIVUDDIYYI DATE(MWDDIYYI GENERAL LIABILITY BOP2690842 07/13/2010 07/13/2011 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TPREMISES(O RENTFa or,ED $ 300,000 A TLAIMS MADE � OCCUR MED EXP(Any one person) $ 5,00 XBL;NKET ADDITIONAL PERSONAL&ADVINJURY S 1,000,00 X I INSURED CW10540190 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRI-JECT LOG AUTOMOBILE LIABILITY BOP2690842 07/13/2010 07/13/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00C ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIREDAUTOS BODILY INJURY X NON-O`A4dED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHERTHAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH CCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ rXdEa xX: BOP2690942 07/13/2010 07/13/2011 v psrATu- orH- EMPLOYERS'LIABILITY WASHINGTON STOP GAP E L EACH ACCICENT S 1,000,000 A ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED EL DISEASE-EA EMPLOYEE $ 1,000,00 f yes desc,ibe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT 1 $ 1,000,00C OTHER DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS ITY OF KENT AND CITY OF SEATTLE ARE NAMED AS ADDITIONAL INSUREDS FOR OR GENERAL LIABLITY AS SHOWN ABOVE AND ATTACHED. RIMARY NON CONTRIBUTORY PER FORM CW10540190 ATTACHED. %TTACHED. AUTOMOBILE ADDITIONAL INSURED PER CA20480299 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF KENT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: SHELDON PAGE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 FOURTH AVE S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES KENT, WA 98032 AUTHORIZED REPRESENTATIVE _ } Tim Warner/CLH ACORD 25(2001/08) FAX: 253.856.6080 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001/08) BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SUSINESSONNERS COVERAGE FORM SCHMULE Name Of Person Or Organization: Any entity who requires this endorsement under a written contract or agreement_ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Policy Conditions` is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that parson or organization and included in the "products-completed operations hazard" . Th s waiver applies only to the person or organization shoAm in the Schedule above. 0 BP 04 97 01 06 copyright, ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER; 2690642 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MANUSCRIPT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART ❑ BUSINESSOWNERS Q INLAND MARINE CRIME COVERAGE PART ® COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART ❑ COMMERCIAL UMBRELLA POLICY 0 WORKERS'COMPENSATION POLICY COMMERCIAL AUTO CA 20 48 02 99 DESIGNATED INSURED Name of Person(s) or Organization(s) : Any person or organization whom you are required to name as an additional insured on this policy under a written contract or agreement. Such written contract or agreement must be executed Prior to the "hodily injury" or "property damage" . No such person or organization is an insured with respect to any occurrence that takes place after expirationi of the written contract or agreement between you and such person or organization. CW 10 54 01 90 POLICY NUMBER: 2690842 TEiIS ENDORSEM3NT CR&17GES THE POLICY, PLEASE RX= IT CAREFULLY MANMCRIPT ENDORSEMENT This endorsement modifies insurance provided under the following: M Ct01ERCIAL PROPERTY COVERAGE PART (7 SUS=a- SOWNERS 0 INLAND MARINE CRIME COVERAGE PART COMAIERCIAL AUTO COVERAGE PART ® COMw=AL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS ANn CONTRACTORS PROTECTIVE LIABILITY COVr.,RAGE PART (� COMMERCIAL MORELLA POLICY WORIMS'COMPENSATION POLICY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WEEK REQUIRED BY WRITTEN CONTRACT This endorsement modifies isuraace provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Who is an Insured is amended to include as" an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization he added as an additional insured on you policy. Such person or organization is an additional insured only with respect to "bodily injury" and "property damage" caused, ir_ whole or in part, by "your worts" at locations specified in the written contract or agreement and included in the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. GW 3.0 54 O1 9D POLICY NUMBER: 2690842 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MANUSCRIPT ENDORSEMENT This endorsement modifies insurance provided under the following: 0 COMMERCIAL PROPERTY COVERAGE PART BUSINESSOWNERS Q INLAND MARINE ❑ CRIME COVERAGE PART Q COMMERCIAL AUTO COVERAGE PART Q COMNERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 06vNERS At41) CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL UMBRELLA POLICY WORKERS'COMPENSATION POLICY engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, cn the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing onerations for a principal as a part of the same project. 3. The insurance provided by this endorsement is primary insurance and we will not seek contribution under any insurance policy under which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related entity of such additional insured. 4. With respect to the insurance afforded to these additional insureds, LIMITS OF INSURANCE is amended as follows: The limits applicable to the additional insured are those specified in the written contract or agreement or the limits stated in the Declarations, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations. CW 10 54 01 90 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill In All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Charlie Lindsey Phone (Originator): 5081 Date Sent: l 7- t� Date Required: 1/21/2011 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: VENDOR NAME: Great Floors, LLC DATE OF COUNCIL APPROVAL: IAA Brief Explanation of Document: Kent is using an interlocal agreement between the City of Seattle and Great Floors, LLC �� L)i s 'i All Contracts Must Be Routed Through The Law Department FV,r- (This area to be completed by the Law Department) Received: RECEIVED C)iy Df ' nt Approval of Law Dept.: G n A D ha2yor° Law Dept. Comments: �A� 2�11 �>v�,�`� ` KENT LAW DEPT. Date Forwarded to Mayor: ` Received: Recommendations and Comments: n /� Disposition: ��Zbf i �,, 0/ % li' 7 /- / LAN Zan CITY OF RENT CITYCL pN Date Returned: