RESOLUTION NO. 23-20
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Maintenance Contract With Mohawk Commercial, Inc. In An Amount Not To Exceed $191,842.94 For Civic Center Carpet Replacement In Accordance With Cip# Fm-03, Project #16650014
WHEREAS, Mohawk Commercial Inc. (Mohawk) was awarded a contract from the California Department of General Services (DGS) on February 11, 2020 (CMAS No. #4- 20-00-0085C); and
WHEREAS, Emeryville Municipal Code section 3-6.02(c)(2) exempts the purchase of supplies, materials, and equipment from the City's competitive procurement requirements set forth in Chapter 6 of the EMC if the City’s purchase is combined with that of another public agency of the State of California provided that that agency followed applicable competitive procurement requirements; and
WHEREAS, the DGS contract is a fixed unit price contract that has fixed prices based on desired services and the square footage of carpet to be installed, and the City is authorized to procure goods and services at these same unit prices; and WHEREAS, Mohawk provided a quote to the City of Emeryville in the amount of $192,842.94 on January 6, 2023 based on the same unit prices as their contract with DGS to remove an old broadloom carpet and install new carpet tiles on the 1st and 2nd floors of Civic Hall for a total cost of $191,842.94; and WHEREAS, The DGS contract reduces the time required for issuing an RFP and reviewing bid proposals, along with benefiting from the discount pricing offered under the DGS contract, and the fixed unit prices contained in the DGS contract provides a lower cost to the City because of economies of scale since DGS contracts are bid out for the purpose of serving multiple state agencies for their facilities maintenance work; and WHEREAS, there are sufficient funds for the project under CIP book number FM-03 project number 16650014; and therefore be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to enter into a Maintenance Contract with Mohawk Commercial Inc. for the installation of commercial carpeting at City Hall in an amount not to exceed $191,842.94, a copy of which is attached hereto as Exhibit “A”.
Resolution No. 23-20
Mohawk (Group) Commercial Inc.
City Council Meeting | February 21, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, February 21, 2023, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Welch and Council Members Kaur, Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Maintenance Services Contract
CALIFORNIA
MAINTENANCE SERVICES CONTRACT
FOR CITY USE ONLY
Contract No. CIP No.
Resolution No. Project No. REV 06/2020
THIS MAINTENANCE SERVICES CONTRACT (“Contract”) is made and entered into as of ____________________ (“Effective Date”) by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and MOHAWK COMMERCIAL INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties.”
WITNESSETH THAT
WHEREAS, Contractor submitted a proposal for replace carpet, remove and install new carpet tiles, and
WHEREAS, City has determined that Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties mutually agree as follows:
1. AWARD OF CONTRACT
1.1 Contract Documents
The Contract Documents shall include this Contract, including all exhibits attached hereto, and any Plans and Specifications, Notice to Contractors, Contractor’s Proposal, Addenda and Change Orders. In the event of any conflict between the printed provisions of this Contract and those of Contractor’s offer of acceptance, the provision of this Contract shall prevail.
1.2 Scope of Work
In conformance with the Contract Documents, Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship and disposal required in order to provide the maintenance services (“Work”) as described in Exhibit A, attached hereto. Any quantities for work are estimates. The City does not guarantee any level of work under this Contract. The City, in its discretion, reserves the right to hire or contract with others to do the work set forth in the Contract.
1.3 Price
A. The Contractor shall be compensated for Work in accordance with the lump sum and rates set forth in Exhibit A. The specified compensation will stay in effect for the duration of this Contract. Should the Contractor fail to perform the Work in accordance with the Contract, a corresponding deduction in any recurring amounts owed under Exhibit A will be made by the City.
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B. Overtime rates for extra work, if any, shall be charged as specified in Exhibit A.
C. The total amount to be paid under this Contract shall not exceed the sum of
ONE HUNDRED NINETY ONE THOUSAND, EIGHT HUNDRED FORTY
TWO DOLLARS AND NINETY FOUR CENTS ($191,842.94) (“Total Compensation”). An allowance in an amount not to exceed ZERO DOLLARS AND NO CENTS ($0.00) is included in the Total Compensation for extra work as described in Exhibit A should it be needed. The Contractor shall not perform any extra work unless approved in writing by the City Public Works Director.
1.4 Payment
Contractor shall invoice City not more frequently than once a month for the Work performed. Compensation shall be paid to Contractor upon receipt and approval by City of invoices setting forth in detail the Work performed. City shall pay Contractor within forty-five (45) days after approval of the invoice by City staff.
1.5 Term
This Contract shall begin on the Effective Date and shall terminate on DECEMBER 31, 2023.
1.6 Annual Compensation Adjustment
This Contract
is / ; is not awarded pursuant to a request for qualifications or proposals, seeking a multi-year contract. If this Contract is awarded pursuant to a request for qualifications or proposals, the Contractor may increase its rates at a percentage no greater than the percent increase in the March to March San Francisco/Oakland Metropolitan Area Consumer Price Index as released by the United States Department of Labor on a yearly basis with a maximum inflation increase of 5% per year, upon written notice to the City at least sixty (60) days in advance of the new rates taking effect.
2. PROSECUTION OF WORK
2.1 Change Orders
City may, without notice to any sureties, and without invalidating the Contract, at any time: a) make alterations, deviations, additions to or deletions from the Contract Documents; b) increase or decrease the quantity of any item or portion of the Work; c) delete any item or portion of the Work; or d) require extra work, as determined by City to be necessary or advisable. All such Work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered. Any such changes in the Work will be set forth in a written change order issued by City (“Change Order”).
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The Change Order will specify:
A. The Work to be done in connection with the change to be made; B. The amount of the adjustment of the lump sum and rates set forth in Exhibit A and Total Compensation, if any, and the basis for compensation for the Work ordered; and
C. The extent of the adjustment in the time specified for performance of Work, if any.
A Change Order shall not become effective until it has been signed by the Director of Public Works. Upon receipt of an approved Change Order, Contractor shall promptly proceed with the ordered Work, unless otherwise provided in the approved Change Order.
No changes or deviations from the Contract Documents shall be made without the authority of an approved Change Order, except that in cases of emergency the Director of Public Works may direct a change in writing. A Change Order increasing the Total Compensation under the Contract requires a written amendment to the Contract.
Whenever it appears to Contractor that a change is necessary, Contractor shall immediately notify the Director of Public Works of the change it believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Director of Public Works.
2.2 Public Convenience
Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and it shall have under construction no greater length or amount of Work than it can prosecute properly with due regard to the rights of the public. Maintenance operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition.
2.3 Safety Requirements
Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the prosecution of the work and all such costs shall be included in the Contract price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
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2.4 Inspection
All authorized representatives of City shall have access to the Work. Work and materials not meeting the requirements of City shall be corrected, and unsuitable Work or material may be rejected. Failure on City’s part to reject nonconforming Work shall not be construed to imply acceptance of such Work. Observation by City of the Work shall not relieve Contractor of its responsibility to conduct its own comprehensive inspections of the Work and to furnish materials and perform work in accordance with the Contract Documents.
2.5 Termination
2.5.1 Termination for Cause
City shall have the right to terminate Contractor’s right to proceed with some or all of the Work and may terminate this Contract for default by providing written notice thereof at least five (5) calendar days in advance of the termination date. The term “default” includes, but is not limited to: a) performance of Work in violation of the terms of the Contract or other applicable law, order, regulation, permit or requirement; b) abandonment; c) assignment or subletting without City approval; d) bankruptcy or appointment of a receiver for Contractor’s property; e) refusal of failure to properly prosecute the Work; f) use of materials, supplies, plant or equipment of improper quality or quantity; g) refusal or failure to use an adequate number of properly skilled workers; h) failure to provide proper workmanship; i) failure to take effective steps to end a labor dispute; j) performance of this Contract in bad faith or k) failure to pay subcontractors.
Upon such termination, City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, at the Contractor’s expense which the City can deduct from any amounts due Contractor. City at its sole discretion may withhold any payment otherwise due Contractor until completion and final settlement of the Work covered by the notice of default.
2.5.2 Termination without Cause
City may also terminate the Contract for convenience if in the best interests of City upon thirty (30) calendar days’ notice in advance. In such event, Contractor shall be paid for all substantiated direct costs of materials furnished and Work performed up to the date of termination any additional compensation that City deems reasonable.
2.5.3 Termination for Lack of Appropriation
This Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.
Upon receipt of a notice of termination, Contractor shall: a) stop all Work unless directed otherwise; b) take such action to protect materials from damage; c) notify all subcontractors and suppliers that Contract is terminated; d) provide City with inventory list of materials previously produced, purchased or ordered and not yet used in the Work; e) dispose of all materials not used on the Work as directed by City; f) if directed by City, assign all rights and interests of Contractor under subcontracts or orders for the
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project; g) furnish any required documentation; and h) take any other actions as City may direct.
3. CONTRACTOR’S RESPONSIBILITIES
3.1 Responsibility for Damage; Indemnification
Contractor shall be responsible for any loss or damage that may happen to the Work; for any loss or damage to any of the materials of other things used or employed in performing the Work; for injury to or death of any person (including but not limited to workers or the public) from any cause whatsoever; or damage to property from any cause whatsoever.
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.2 Insurance
Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
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3.3 Payment of Taxes
3.3.1 Taxes Included
The lump sum and rates set forth in Exhibit A shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
3.3.2 Business Tax
Contractor has and shall maintain a current business license with City of Emeryville during the term of this contract. Contractor shall insert in each of its subcontract Contracts a provision which requires its subcontractors to present proof that the subcontractor has obtained a current business license with City of Emeryville during the term of this contract.
3.4 Permits and Licenses
Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Contract.
Contractor shall comply with all permits applicable to the Work. Contractor has and shall maintain the appropriate State Contractor’s License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
The California Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which Contractor must obtain from State or local agencies in connection with performing the Work of the Contract. Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the Work.
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3.5 California Labor Code Requirements
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the Work is being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Work must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
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D. Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” E. Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
3.6 Warranty
Contractor warrants that all materials and Work furnished (1) shall meet all requirements and conditions of City’s Contract and manufacturer’s warranty if any; (2) shall be free from defects in design, material; workmanship and methods of installation; and (3) shall be fit for the purposes intended. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and nonconforming. This warranty by the Contractor is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.
Contractor shall correct the Work at its own expense promptly after written notice from City to do so and pay for any damage to other property resulting from such nonconforming Work. If Contractor fails to do so promptly, or in an emergency when delay could cause risk of damage or loss, then City take whatever actions are necessary to have the nonconforming Work removed, replaced or corrected at the expense of Contractor and to recover its damages, costs and expenses, including withholding the amount from any payment that is due or to commencing an action against any performance bond.
Nothing in this section shall be construed to establish a period of limitation with respect to other obligations that Contractor may have under these Contract Documents.
3.7 Independent Contractor Status
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for
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its own acts and those of its subordinates and employees during the term of this Contract.
3.8 Compliance with Laws
All Work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.
3.9 Noncollusion Declaration
By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor’s bid or proposal and that such bid or proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the bid or proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham bid or proposal, or to refrain from bidding or proposing; and that the signatory to this Contract has not in any manner sought by collusion to secure for itself an advantage over other potential proposers.
3.10 Conflicts of Interest
Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City nor business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3.11 Discrimination Prohibited
Contractor covenants and agrees that in performing the Work required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
3.12 Bonds (Required for Contract Prices $25,000 and Greater)
3.12.1 Payment Bond
Required / ; Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a labor and materials bond in the amount of one hundred percent (100%) of the Total Compensation, and which conforms with the requirements of Civil Code section 9550 et seq., as may be amended from time to time.
3.12.2 Performance Bond
Required / ; Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Total Compensation to guarantee the faithful performance of the Work.
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3.12.3 Bond Provisions
Any and all bonds required for this Contract shall be in a form acceptable to the City Attorney. Any such bond must be issued by a corporate surety which is an admitted surety insurer in the State of California. Any bond signed by an agent must be accompanied by a certified copy of such agent’s authority to act. If the surety on any bond provided by Contractor is declared bankrupt or becomes insolvent or it’s right to do business is terminated in any state where any part of the work is located, Contractor shall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. Any alteration or alterations made in the Plans and Specifications which are a part of this Contract or in any provision of this Contract shall not operate to release any surety from liability on any required bond and the consent to make such alterations is hereby given. Any surety on such bonds hereby waives the provisions of Section 2819 of the Civil Code.
3.13 City Labor Requirements
A. As of the Effective Date, compliance with the City’s living wage ordinance is ; required /
not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
B. Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code.
Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
C. Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
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D. Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $17.48 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
E. In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4. GENERAL PROVISIONS
4.1 Applicable Law
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
4.2 Assignment and Subcontracting
Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.3 Records
Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4.4 No Waiver
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this
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Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.5 Notices
4.5.1 Communications Relating to Daily Activities
All communications relating to the day to day activities of the work and invoices shall be addressed to the Daniel Gonzales and Tammy Land for the Contractor:
CITY CONTRACTOR
Daniel Gonzales
Phone No: 510 853-1140
E-Mail : [email protected]
Tammy Land
Phone No: 706 624-2428
E-Mail : [email protected]
4.5.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to City and Contractor, respectively, as follows:
CITY CONTRACTOR
Mohamed Alaoui,
Director of Public Works
1333 Park Ave.
Emeryville, California 94608
Phone No: 510 596-4300
E-Mail : [email protected]
with a copy to:
Daniel Gonzales,
Maintenance and Operations Manager
5900 Christie Ave
Emeryville, California 94608
Phone No: 510 853-1140
E-Mail : [email protected]
Mike Gallman, President
160 D. Industrial Blvd
Calhoun, GA 30701
Phone No: 706 278-8000
E-Mail : [email protected]
4.6 No Personal Liability
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
4.7 Entire Agreement
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect
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to the subject matter of this Contract. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
4.8 Successors and Assigns
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
4.9 Severability
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
4.10 Counterparts
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
4.11 No Third-Party Beneficiaries
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
4.12 Non-Exclusivity
City reserves right to employ other contractors in connection with the Work and Project covered under this Contract.
4.13 Other Requirements
This Contract
has / ; does not have additional requirements set forth in an Exhibit C. If an Exhibit C is attached, then due to the nature of the Work, or due to this Work being funded, in whole or in part, by a third party, Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.
SIGNATURES ON FOLLOWING PAGE
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5. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: MOHAWK COMMERCIAL INC.
(Signature)
Mike Gallman, President
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Department of
Industrial Relations
Registration
DUNS # 13 384 75 12 | TID # 58 217 3403 | CAGE CODE # 6SMH5 January 5, 2023
City Of Emeryville Turnkey Control # TLJ00058
RE: FLOORING PROPOSAL FOR:
We are pleased to provide the following quotation for the above referenced job.
MAIN BID
Style, Size, Backing, Description Color Name Color # Quantity UoM Unit Price Line Total BT443 First One Up II 24"x24" Carpet Tile EcoFlex NXT (8 sy per ctn) Foremost 556 1,368.00 SY @ 20.33 $ $ 27,811.44 CRW03 4” Cove Base (120 Lf per ctn) TBD TBD 1,800.00 SY @ 0.95 $ 1,710.00 $ M45 Cove Base Adhesive 23.00 SY @ 6.93 $ 159.39 $
Enpress - Pressure Sensitive Releasable for EcoFlex ICT, NXT and AIR Carpet Tile and Plank (80%RH and 9pH) (4-
Gallon)
15.00 EA @ 132.19 $ $ 1,982.85
Installation Carpet Tile 1,268.00 SY @ 12.35 $ 15,659.80 $ Removal of Broadloom (Direct Glue Down) 1,268.00 SY @ 7.26 $ 9,205.68 $ Carpet Disposal 1,268.00 SY @ 1.70 $ 2,155.60 $
Broadloom or Carpet Tile Reclamation Fee 1,268.00 SY @ 4.00 $ 5,072.00 $ Conventional Furniture Moving (Medium to Heavy) 5,149.00 SY @ 8.16 $ 42,015.84 $ L I F T Systems / Carpet Tile Projects Only 1,268.00 SY @ 24.13 $ $ 30,596.84 Floor Prep - Skim Coating to 1/8 Inch (Material and Labor) 11,412.00 SF @ 2.84 $ $ 32,410.08 CARE Fee (California Only) 1,368.00 SY @ 0.50 $ 684.00 $ Freight 1.00 EA @ 4,150.00 $ 4,150.00 $
Subtotal $ 173,613.52
Estimated Sales Tax $ 18,229.42
TOTAL $ 191,842.94
NOTES:
EXCLUSIONS (unless specifically included in the above scope of work):
Attic Stock Cleaning/Waxing of Resilient Dumpster Cost Night/Weekend Labor Bonding Cost Carpet Cleaning Asbestos Abatement Removal & Disposal Extensive Floor Prep No thresholds / Door Trimming Trip Charges/Phasing Mats Protection of Floors Preformed Corners Moisture Testing and Abatement Stair Materials Resilient Flooring Special Delivery/Equipment Furniture Moving Border Carpet Union Labor
TERMS OF PAYMENT: (Subject to Credit Approval)
* All Materials and Labor - Net 30 Days After Invoice (Material will bill when shipped, labor will bill as phased or upon completion of project).
Prices given are firm for (60) sixty days from proposal date.
TLJ00058 City of Emeryville Civic Center
Mohawk Commercial, Inc. - CMAS 4-20-00-0085C (CMAS Term Dates 02/11/2020 through 10/11/2023)
Please indicate your acceptance of this proposal by returning your signed purchase order to my attention via fax or email. Should you have any questions, feel free to contact me by phone or e-mail. My contact information is provided below.
Lead Times: Please note that we are a made to order mill and we cannot commence production of any order until a signed purchase order, or a fully executed contract has been received. Lead times are determined by product ordered. Lead times do not start until after the purchase order or fully-executed contract is received.
1. Based on field measure by: Future Flooring Group
2. Price includes all work as specifically stated in above description for the quantities stated. Any unforeseen circumstances may require additional labor and can be handled through the change order process.
3. MohawkOne will only be responsible for quantities if installation is provided by MohawkOne.
4. Installation of floor coverings are for direct glue down installation and include installation of floor covering and minor floor prep, defined as filling of minor gaps and voids no larger than 1/8"x1/8" and sweeping and are based on a clean and clear floor.
5. Mohawk Commercial, Inc., License Number CA 988270. DIR Number 1000025095.
Mohawk
160 South Industrial Blvd.
Calhoun, GA 30701 1 of 2
([KLELW$
We recommend only wet scraping or mechanical removal of all non-water based adhesives.
Sincerely,
Tammy Land
MohawkOne Project Manager Phone 706-624-2428
Fax 706-422-6838
Email [email protected]
Cell 706-260-6550
cc Rob LaComble
If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote.
Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is that all abatement of asbestos contained floor material must be removed and that an AHERA report or Clearance Letter from the asbestos surveyor or from the asbestos abatement contractor must be provided before we will proceed with any work in those areas of asbestos concern. We and our installers consider it the owner's responsibility to ensure proper abatement is performed prior to executing this contract.
Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. This quote does not include moisture remediation.
Mohawk
160 South Industrial Blvd.
Calhoun, GA 30701 2 of 2
Because we are committed to our customer, we are GSA Ready.
One company. One dedicated team. One customer—You.
Mohawk Industries strives to meet or exceed all of the highest standards our government customers require for their projects.
We are proud that our commitment to excellence provides an unprecedented array of styles, colors and patterns of broadloom and modular carpet as well as luxury resilient and rubber flooring for everyneed.
Your challenge. Our opportunity.
We want to listen and discover how best to understand your challenges, needs and expectations. Success comes from a partnership, drawing from the combined knowledge of its team members. Mohawk is the largest flooring manufacturer in the world and will be there to make sure that your goals become ours too.
Sustainable Leadership
Sustainability is not simply good business; it’s an ongoing culture of commitment to improving the world around us. And no company understands this better than Mohawk.
Backed by a history of forward-thinking innovation, our products and people continue to positively impact the environment from every angle—including smart flooring solutions that contribute to LEED® points, technologies that reduce waste and save energy, the recycling of billions of plastic bottles every year, and donating flooring and time to “green building” projects across the country.
We’re reducing our environmental footprint with every step we take, and now we’re extending this philosophy to our media materials. Digital content delivery represents the first phase of what will eventually become a comprehensive onlineeditorial resource—helping us to save paper and also your time.
READY
Contract Information
Contract Number: GS-03F-077AA
Contract Period Ends May 20, 2023
Freight: FOB destination
For Contract Information: $QQD/HLJK:DUPDFN
70.
| $QQDOHLJKBZDUPDFN#PRKDZNLQGFRP
Placing an Order
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correct payment of administration fees to General Services Administration(GSA).Pleasealsoreferencecontractnumber.
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AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST
Schedule Title - MAS Federal Supply Schedule
Solicitation No. 47QSMD20R0001 - Refresh 0002
Large Category Title: Furniture and Furnishings
C01. Flooring Subcategory
SIN 314110 Carpet Flooring & SIN 321918 Commercial Flooring Ancillary Supplies and Services
FSC/PSC Code: S214 and 7220
STANDARD INDUSTRY GROUP (NAICS): 314110 & 321918
Carpet, Carpet Tiles and Carpet Cushion, Resilient Flooring– Vinyl Rubber Tile & Sheet Goods, Mats and Matting
Business Size: Large Business
Mohawk Carpet Distribution, Inc.
Attention: Government Sales Customer Service
160 S. Industrial Blvd.
Calhoun, GA 3070
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www.mohawkgroup.com/gsa
Contract Number: GS-03F-077AA
Contract Period: May 21, 2013 Through May 20, 2023
Amended: PS-0088 EffectiveMay31, 2019
Contract Administrator:
AnnaLeigh Warmack
[email protected]
Government Sales Office:
160 S. Industrial Blvd., Calhoun, GA, 30721, Phone:
[
ProductsandorderinginformationinthisAuthorizedInformationTechnologySchedulePricelistarealsoavailableonthe GSA Advantage! System, (http://www.gsaadvantage.gov).
INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS 1a. Table of Awarded Special Item Numbers (SINs):
314110
321918
1b. Lowest priced model number and price for each SIN:
314110 BC398 New Basics III 20
321918 C0116 4” Rubber Cove Base
2. Maximum order: $500,000.00
3. Minimum order: $100.00
4. Geographic coverage: ALL
5. Point(s) of production: Glasgow, VA; Dalton, GA; South Korea
6. Discount from list prices or statement of net price
314110 51%-53% 321918 10%-53%
7. Quantity discounts: See Pricing Schedule for Tiered Discounts Based on Dollar Amount Purchased
8. Prompt payment terms: Non-Credit Card Sales 3% 30 Days: Net 45, Credit Card Orders: Net 30 9a. Notification that Government purchase cards are accepted at or below the micro–purchase threshold: Yes 9b. Notification whether Government purchase cards are accepted or not accepted above the micro–purchase threshold: Accepted
10. Foreign items (list items by country of origin): All product manufactured in the USA or TAA Compliant Countries. 11a. Time of delivery: 70 Days or Less
11b. Expedited delivery: Available, Additional Charges Apply: (PDLO Mohawk Customer Service for a Quote 11c. Overnight and 2-day delivery: Available on a Project Basis, Additional Charges Apply: (PDLO Mohawk Customer Service for a Quote
11d. Urgent requirements: Tobe determined on an order-by-order basis, by mutual agreement of Mohawk Representative and the Customer
Discount from list prices or statement of net price
314110 51%-53% 321918 10%-53%
12. F.O.B. point(s): Destination 48 Contiguous States and Washington DC; (additional charges for areas outside the above-mentioned area)
13a. Ordering address:
Mohawk Carpet Distribution, Inc, Attn: Government Sales Customer Service, 160 S. Industrial Blvd., Calhoun, GA 30701-0703 13b. Ordering procedures:
Request a Quote:
[
—RFQ / RFPmust be
emailed Check Availability:
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Email Orders: JVD#PRKDZNLQGFRP
Payment address: Mohawk Factoring Inc, PO Box 12069, 160 S. Industrial Blvd., Calhoun, GA 30701-0703, Attn: Sandi Couch ELECTRONICFUNDS TRANSFER, Wells Fargo Bank of NA, Bank Routing Number: 121000248, Account Number: 4122339054 Swift Number:WFBIUS6S, Beneficiary:MohawkFactoringLLC, pleasereferenceyour CompanyName, AccountNumberorOrder or Reference Number. CAGE CODE: 6SMH5, FEDERAL TAX ID: 58-2173403 Warranty provision: See website (www.mohawkgroup.com) for warranty information Export packing charges: HPDLOGovernment Customer Service JVD#PRKDZNLQGFRP Terms and conditions of Government purchase card acceptance (any thresholds above the micro–purchase level): None (Payment terms net 30 on all credit card sales)
Terms and conditions of maintenance and installation: Standard commercial terms and conditions are applicable; Mohawk Technical Services: 1.800.833.6954
Terms and conditions of installation: Standard commercial terms and conditions are applicable Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices: Standard terms and conditions of Mohawk’s warranties are applicable
List of service and distribution points: Mohawk has distribution centers located throughout the contiguous 48 states and Washington '& To find your local Mohawk Sales Representative, please go to www.mohawkgroup.com List of participating dealers (if applicable): Yes, uponrequest Preventive maintenance (if applicable): Information can be found at www.mohawkgroup.com or by calling Technical Services at
1.800.833.6954
24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants):
Mohawk sells a variety of products with inherent sustainable contact and is a two-time winner of GSA’s Evergreen Award.
PleasecontactthelocalMohawkSalesRepresentativeor checkour websitewww.mohawkgroup.com formoreinformationregarding sustainability
24b. The EIT standards can be found at: www.Section508.gov
25. Data Universal Number System (DUNS) number: 133847512
26. Notification regarding registration in Central Contractor Registration (CCR) database: Mohawk is currently registered in the CCR and System for Award Management System. Contact the Government Sales Center at 1.703.818.8503 for any further details
Product Type Style Name Style # UOM
GSA
Price SIN #
Broadloom New Basics III 20 Weldlok BC398 SY $8.02 314110 Broadloom New Basics III 26 Unibond Plus BC399 SY $9.03 314110 Broadloom Artist II / QS BC380 SY $11.63 314110
Broadloom End Result / QS BC288 SY $10.92 314110
Broadloom Faculty Remix GL154 SY $20.25 314110
Broadloom New Basics III 20 Weldlok BC398 SY $8.02 314110 Broadloom New Basics III 26 Unibond Plus BC399 SY $9.03 314110 Broadloom Color Study - 30 BC574 SY $12.46 314110
Broadloom Color Study - 36 BC575 SY $17.23 314110
Broadloom Color Study - 42 BC576 SY $21.48 314110
Broadloom Hue-ology BC573 SY $16.64 314110
Carpet Tile Amplitude GT147 SY $31.86 314110
Carpet Tile Artist II BT380 SY $21.55 314110
Carpet Tile Baccharis GT408 SY $25.94 314110
Carpet Tile Caliber / QS BT282 SY $21.55 314110
Carpet Tile CEO II/ QS BT382 SY $24.38 314110
Carpet Tile Chitalpa GT407 SY $25.94 314110
Carpet Tile Clever Class BT408 SY $15.59 314110
Carpet Tile Color Balance GT405 SY $26.60 314110
Carpet Tile ColorBeat GT160 SY $25.90 314110
Carpet Tile ColorBeat Plank GT298 SY $28.44 314110
Carpet Tile Coolly Noted BT336 SY $15.60 314110
Carpet Tile Datum / QS BT284 SY $21.55 314110
Carpet Tile Digital Terrain Plank GT341 SY $29.28 314110 Carpet Tile Doctor II BT381 SY $24.38 314110
Carpet Tile Ecosphere / QS GT333 SY $24.95 314110
Carpet Tile Faculty Remix GT154 SY $27.16 314110
Carpet Tile First One Up II BT443 SY $21.40 314110
Carpet Tile FirstStep II / QS GT315 SY $56.24 314110 Carpet Tile Forward Vision GT135 SY $27.79 314110
Carpet Tile Flamestitch III GT168 SY $30.99 314110
Carpet Tile Headstrong / QS BT354 SY $18.40 314110
Carpet Tile Horsepower II GT170 SY $32.19 314110
Carpet Tile Hustle & Bustle GT307 SY $22.06 314110
Carpet Tile Hydrosphere / QS GT332 SY $24.95 314110 Carpet Tile Hyper Earth Plank BT405 SY $26.58 314110 Carpet Tile In The Loop / QS BT309 SY $22.12 314110 Carpet Tile Insurgent BT367 SY $22.52 314110
Carpet Tile Late Night GT306 SY $22.05 314110
Carpet Tile Lithosphere / QS GT334 SY $24.95 314110 Carpet Tile Metalmorphic Plank BT388 SY $25.81 314110 Carpet Tile New Basics III BT400 SY $18.54 314110
Carpet Tile Photofinish II GT169 SY $32.25 314110
Carpet Tile Picture This / QS BT334 SY $15.60 314110 Carpet Tile Posture / QS BT407 SY $15.60 314110
Carpet Tile Riot / QS BT355 SY $19.97 314110
Carpet Tile Sector / QS BT285 SY $21.55 314110
Carpet Tile Seek Unique / QS BT335 SY $15.60 314110
Carpet Tile Seismic Wave Plank GT342 SY $29.29 314110 Carpet Tile Statement Stone BT390 SY $23.65 314110
Carpet Tile Step In Style II / QS GT312 SY $52.42 314110 Carpet Tile Step Up II / QS GT311 SY $60.06 314110
Carpet Tile Streetscapes GT308 SY $22.05 314110
Carpet Tile Transformative GT324 SY $32.35 314110
Carpet Tile Wavelength GT149 SY $30.59 314110
Carpet Tile Wellbeing GT325 SY $32.35 314110
Carpet Tile Xeric GT406 SY $25.94 314110
LVT Bolder C0010 SF $3.50 321918
LVT Centrato C0104 SF $2.39 321918
LVT Large & Local Wood C0128 SF $3.02 321918
LVT Lineate C0089 SF $3.44 321918
LVT Living Local Glue Down C2039 SF $2.99 321918 LVT Matuto Plus Stone C0135 SF $3.26 321918
LVT Second Home Wood C0141 SF $3.43 321918
LVT Secoya C0009 SF $3.50 321918
LVT Vivid Step Plank CR705 SF $1.52 321918
LVT Vivid Step Stone CR706 SF $1.52 321918
Resilient Sheet Medella C2048 SY $24.35 321918
Resilient Sheet Calmness (Serenity) C2023 SY $24.37 321918 Resilient Sheet Ephemeral (Serenity) C2022 SY $24.37 321918 Resilient Sheet Sensory (Serenity) C2021 SY $24.37 321918 Resilient Sheet Therapeutic (Serenity) C2020 SY $24.37 321918 Wall Base Elemental Edge Wall Base 4" CVW04 LF $0.83 321918 Adhesive Enpress PSA M004 EA $108.09 321918
Adhesive M95.0 Acrylic M95C EA $143.53 321918
Adhesive MS160 Spray MS160 EA $179.33 321918
Adhesive NuBroadlok Premium Plus B0020 EA $42.99 321918 Adhesive Optiseal M003 EA $149.85 321918
High Cost Area Labor High Cost Direct Glue without attached cushion Labor SY $8.93 Ancillary High Cost Area Labor High Cost Direct Glue with attached cushion Labor SY $8.73 Ancillary High Cost Area Labor High Cost Double Stick double glue down Labor SY $11.97 Ancillary High Cost Area Labor High Cost Stretch In (tackless) non-patterned over cushion Labor SY $8.13 Ancillary High Cost Area Labor High Cost Stretch In (tackless) patterned over cushion Labor SY $8.58 Ancillary High Cost Area Labor High Cost Carpet Tile Full Adhesive Spread Labor SY $8.73 Ancillary High Cost Area Labor High Cost Non-Wet Adhesive Labor SY $5.85 Ancillary High Cost Area Labor High Cost Furniture Lifting for Carpet Installation Labor SY $15.60 Ancillary High Cost Area Labor High Cost Reclamation Services Labor SY $1.24 Ancillary High Cost Area Labor High Cost Direct Glue Down of Vinyl Composition Tile Labor SY $3.12 Ancillary High Cost Area Labor High Cost Direct Glue Down of Rubber Tile Labor SY $16.80 Ancillary High Cost Area Labor High Cost Direct Glue Down of Static Dissipative Tile Labor SY $12.40 Ancillary High Cost Area Labor High Cost Direct Glue Full Spread Sheet Vinyl Labor SY $5.60 Ancillary High Cost Area Labor High Cost Direct Glue Perimeter Residential Sheet Vinyl Labor SY $7.91 Ancillary High Cost Area Labor High Cost Heat Welding Seams on Sheet Vinyl Labor SY $8.80 Ancillary High Cost Area Labor High Cost Flash Coving Sheet Vinyl at Walls Labor SY $10.00 Ancillary High Cost Area Labor High Cost Install Cove Base Vinyl or Carpet Labor SY $2.96 Ancillary High Cost Area Labor High Cost Install Stair Treads Labor SY $66.40 Ancillary High Cost Area Labor High Cost Install Risers Labor SY $66.40 Ancillary High Cost Area Labor High Cost Install Stringers Labor SY $13.60 Ancillary Standard Labor Direct Glue without attached cushion Labor SY $5.49 Ancillary
Standard Labor Direct Glue with attached cushion Labor SY $5.99 Ancillary Standard Labor Double Stick double glue down Labor SY $9.23 Ancillary Standard Labor Stretch In (tackless) non-patterned over cushion Labor SY $6.25 Ancillary Standard Labor Stretch In (tackless) patterned over cushion Labor SY $6.98 Ancillary Standard Labor Carpet Tile Full Adhesive Spread Labor SY $5.99 Ancillary Standard Labor Non-Wet Adhesive Labor SY $4.50 Ancillary Standard Labor Furniture Lifting for Carpet Installation Labor SY $12.00 Ancillary Standard Labor Reclamation Services Labor SY $0.94 Ancillary Standard Labor Direct Glue Down of Vinyl Composition Tile Labor SY $1.95 Ancillary Standard Labor Direct Glue Down of Rubber Tile Labor SY $10.50 Ancillary Standard Labor Direct Glue Down of Static Dissipative Tile Labor SY $7.75 Ancillary Standard Labor Direct Glue Full Spread Sheet Vinyl Labor SY $3.50 Ancillary Standard Labor Direct Glue Perimeter Residential Sheet Vinyl Labor SY $4.94 Ancillary Standard Labor Heat Welding Seams on Sheet Vinyl Labor SY $5.50 Ancillary Standard Labor Flash Coving Sheet Vinyl at Walls Labor SY $12.50 Ancillary Standard Labor Install Cove Base Vinyl or Carpet Labor SY $1.85 Ancillary Standard Labor Install Stair Treads Labor SY $41.50 Ancillary Standard Labor Install Risers Labor SY $41.50 Ancillary Standard Labor Install Stringers Labor SY $8.50 Ancillary
CALIFORNIA
REV 08/2020 Page 1 of 5
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to MOHAWK COMMERCIAL INC.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
; General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
; Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
; Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall
City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
; General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
; Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
; Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
; General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
; Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
; Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements