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Home My WebLink AboutC2020-011.1 - Continental Flooring Companyaw3aa Contract No.-261 f-011.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CONTINENTAL FLOORING CO. THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of May 4, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Continental Flooring Co., an Arizona corporation. RECITALS A. After a competitive procurement process, the State of Arizona entered into Contract No. CTR043427, dated April 1, 2019, (the "State Contract"), with Continental Flooring Co. for the Contractor to provide labor, equipment, and materials necessary to install carpet and flooring materials. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated December 17, 2019, based upon the State Contract (the "Agreement"), for the Contractor to provide labor, equipment, and materials necessary to install carpet and flooring materials. The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the "Additional Materials and Services") are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the amount of the Agreement for the Additional Materials and Services. E. The Town and the Contractor desire to enter into this First Amendment to extend the term of the Agreement for one additional year and allow for three (3) successive one year renewals provided the original State Contract term has been extended. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: I oF5 Compensation. The Town Agreement shall be increased by amount not to exceed $300,000 to an aggregate amount not to exceed $670,000 (including all renewals) for the Additional Materials and Services. 2. Term of Agreement. This Agreement shall be effective as of the date set forth above and shall remain in full force and effect until March 22, 2022, unless terminated as otherwise provided in this Agreement or the State Contract. After the expiration of the term, this Agreement may be renewed for up to three (3) successive one-year terms ("Renewal Terms") if. (i) it is deemed within the best interests of the Town, subject to the availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the State Contract has not expired and has been extended, (iii) at least thirty (30) days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one- year (1) term and (iv) the Town approves the addition al one-year (1) term in writing (including any price adjustments approves as part of the State Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and and Renewal Term(s) are collectively referred to herein as the "Term". Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Continental Flooring Co. 9319 N. 941" Way, Suite 1000 Scottsdale, Arizona 85258 Attn: Christopher Coleman or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being 2 of 5 given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. b. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-51 1. [SIGNATURES ON FOLLOWING PAGES] 3 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ,�— seL �.'Y,c�. Grady E. Miller, Town Manager ATTEST: Elizgb&h A. Klein Elizabeth A. Klein (May 6, 202107:16 POT) Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aa .pg, .Ai-ot"m, Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] "Contractor" Continental Flooring Co. afly-,O rep alelffah By:[hristopherC leman{Mar30,20211630PDT} Name. Christopher Coleman Tid.: President EXHIBIT C C ONTINENTAL FLOORING COMPANY April 22, 2021 Steve Bartlett Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268-3815 9319 N. 94'h Way a Suite 1000 • Scottsdale, AZ 85258 Phone (480) 949-8509 • Toll Free (800) 825-1221 FAX (480) 945-2603 Website www.continentalflooring.com RE. Town of Fountain Hills Community Center Flooring Replacement (See Drawing) Arizona State Flooring Contract No. CTR043427. Dear Steve: In response to your request for quotation, Continental Flooring Company offers the following proposal for your consideration under Arizona State Flooring Contract No. CTR043427: Line Description Qty Price Extended Lobby and Carpet: Fumish & Install Interface Aerial Carpet Tile 1895 SY $29.39 SY $55,694.05 Added Moisture Backing (Readyback) 1990 SY $4.75 SY $9,452,50 Fumish & Install Armstrong Natural Creations LVT D10 2088 SF $4.95 SF $10,335.60 Fumish & Install Porcelain Floor Tile 4720 SF $8.50 SF $40,120.00 Fumish and Install 4" Porcelain Cove Base 400 LF $10.00 LF $4,000.00 Fumish 4" Rubber Caved Base 2280 LF $0.80 LF $1,824.00 Install 4" Rubber Coved base 2280 LF $0.90 LF $2,052.00 Move Furniture 200 SY $3.00 SY $600.00 Remove Existing Floorcovering Carpet 16164 SF $0.30 SF $4,849.20 Remove Existing Floorcovering Vinyl 1917 SF $0.60 SF $1,150.20 Remove Exisitng Floorcovering Ceramic 4558 SF $3.25 SF $14,813.50 Floor preparation as required by manufacturer guidelines 22639 SF $0,30 SF $6,791.70 Attic Stock: MO Carpet Tile 95 SY $25.39 SY $2,412.05 Restrooms: Fumish & Install Porcelain Floor Tile 1080 SF $10.25 SF $11,070.00 Fumish and Install Porcelain Wall Tile 1700 SF $10.25 SF $17,425.00 Cementatious Backer Board for Wall Tile 1700 SF $2.75 SF $4,675.00 Fumish and Install 4" Porcelain Cove Base 750 LF $10.00 LF $7,500.00 Remove Exisitng Floorcovering Ceramic 2600 SF $3.25 SF $8,450.00 Floor preparation as required by manufacturer guidelines 2600 SF $0.30 SF $780.00 Kitchen: Grind and Polish Concrete 2650 SF $12.00 SF $31,800.00 Moderate Floor Grinding to Remove Epoxy 2650 SF $1.00 SF $2,650.00 Fumish 4" Rubber Coved Base 480 LF $0.80 LF $384.00 Install 4" Rubber Coved Base 480 LF $0.80 LF $384.00 5% Overage May apply on carpet tile. Any Overage Total $239,212.80 will be charged at $25.391SY + $4.751SY for the added Backing The above quotation is in compliance with the new TPT Tax regulations and no additional taxes will be charged t of 2 Prices listed in this quote are for the scope of work shown on the attached drawing and/or listed in the regarding line of this quote. Any changes you make to the project after the materials are ordered may require additional charges. If the changes you make are close to the start of or during the installation process there may also be a delay in the completion of the project as we wait for the materials for the change to arrive. Please review and consider carefully the quote and drawing is meeting the scope of work you have requested, we will be referencing these documents during the Installation project. if it is not, please request a revised quote with an updated scope of work. Prices listed In this quote include moving of standard furniture. Standard furniture moving includes moving of regular desks, chairs, 2 drawer file cabinets, half empty 4 drawer filing cabinets and empty bookcases. (Excludes modular furniture, fireproof file cabinets and safes) Not included in moving of standard furniture is the moving of sensitive electronic equipment such as computers, telephones, copiers and such. You should have your IT department or facilities department coordinate the moving of all electronic items. A guide sheet regarding what to do before installation begins is included with this quote and another copy will be sent to you once an installation date is set. Prices listed in this quote include standard sub -floor preparation. Standard sub -floor preparation consists of a maximum of 25lbs of patch for every 300 square yards of material, except as otherwise noted. Should any unforeseen sub floor conditions exist additional charges will apply. Prices listed in this quote include insurance coverage as required by the originally bid contracts. Certificate of Insurance and Worker Compensation documentation are available by request at no additional charge. A Payment and Performance Bond can be ordered and would add 2.5% to the quote listed above. Please let me know if this project requires a bond and I will revise the quote to include that in the pricing. Continental Flooring does not test for asbestos or lead paint nor do we provide asbestos or lead paint abatement. The Owner represents that they have taken all necessary steps to ensure that no asbestos or lead paint exists on this project. The Owner accepts all responsibility for the testing and removal of asbestos and lead paint and will hold Continental Flooring harmless relating to asbestos and lead paint. The owner will provide related certification to continental flooring if required. Once your purchase order is delivered to Continental Flooring Company, materials for your installation will be ordered. Due to uncertainty around manufacturing & shipping commitments and in order to eliminate scheduling delays, Continental Flooring waits until all materials for your project have been received before scheduling your installation. For that reason, precise installation dates will not be immediately available until materials have been received. Contact Cathy Gordon at (480) 949-3509 ext. 289 anytime you may need an update on your installation timeline. Thank you for the opportunity to quote to you on this project. Should you have any questions, or require additional information, please call me at (480) 949-8509 ext. 204 or on my mobile at (623) 218-8399 or email me directly at cflynn@continentalfiooring.com. Respectfully, Cattie Flynn Continental Flooring Company We are proud to have served the public sector since 1979 2 or2 2011-011.1 Final Audit Report Continental Flooring Created: 2021-05-05 By: Rob Durham (rdurham@ih.az.gov) Status: Signed Transaction ID: CBJCHBCAABAAEuxrYRiAyITOa79KDhNuOBitL65wvmw "2011-011.1 Continental Flooring" History i0J Document created by Rob Durham (rdurham@fh.az.gov) 2021-05-05 - 4:4109 PM GMT- IP address: 184.178.192.162 C'-. Document emailed to David J. Pock (dpock@fh.az.gov) for approval 2021-05-05 - 4:44:49 PM GMT Email viewed by David J. Pock (dpock@fh.az.gov) 2021-05-05 - 5:08.48 PM GMT- IP address: 184.178.192.162 2021-05-06 6m Document approved by David J. Pock (dpock@fh.az.gov) Approval Date: 2021-05-05 - 8:30:56 PM GMT - Time Source: server- IP address: 184,178,192.162 P+ Document emailed to Aaron Amson (aaron@piercecoleman.com) for signature 2021-05-05 - 8731:00 PM GMT Email viewed by Aaron Amson (aaron@piercecoleman.com) 2021-05-05 - 8:50:48 PM GMT- IP address: 69.53.213.227 CSo Document e-signed by Aaron Arnson (aaron@piercecoleman.com) Signature Dale: 2021-05-05 - 8 50.55 PM GMT - Time Source: server- IP address: 69.53.213.227 P* Document emailed to Grady Miller (gmiller@fh.az.gov) for signature 2021-05-05 - 8:50:58 PM GMT Email viewed by Grady Miller (gmiller@fh.az.gov) 2021-05-06-1:44:14 PM GMT- IP address: 24.251.176.203 do Document e-signed by Grady Miller (gmiller@fh.az.gov)! Signature Date: 2021-05-06 - 1:45:44 PM GMT -Time Source server- IP address: 24.251.176.203 * Document emailed to Elizabeth Burke (eburke@fh.az.gov) for signature 2021-05-06 - 1:45:46 PM GMT (A&bee S�;, Email viewed by Elizabeth Burke (eburke@fh.az.gov) 2021-05-06 - 2-15 27 PM GMT- IP address: 184.178.192.162 Document signing delegated to Elizabeth A. Klein (eklein@fh.az.gov) by Elizabeth Burke (eburke@fh.az.gov) 2021-05-06 - 2 15;30 PM GMT- IP address- 184.178.192.162 do Document e-signed by Elizabeth A. Klein (eklein@fh.az.gov) Signature Date 2021-05-06 - 2:16:09 PM GMT - Time Source- server- IP address 184.178.192.162 0 Agreement completed. 2021-05-06 - 2:16 09 PM GMT ,� • OOW4tFD 6r Mrke Signature Pages Final Audit Report Created: 2021-03-30 By' Rob Durham (rdurham@ih.az.gov) Status: Signed Transaction ID. CBJCHBCAABAAQiwD2FyaWma4BnFPikEX9gP5n9POEn9i "Signature Pages" History Document created by Rob Durham (rdurham@fh.az.gov) 2021-03-30 - 11.18 27 PM GMT- IP address 184.178.192.162 2021-03-30 P* Document emailed to Christopher Coleman (ccoleman@continentalflooring.com) for signature 2021-03-30 - 11:19 21 PM GMT Email viewed by Christopher Coleman (ccoleman@continentalfloodng.com) 2021-03-30 - 11:30.08 PM GMT- IP address 70.177.11.66 &a Document e-signed by Christopher Coleman (ccoleman@continentalfloodng.com) Signature Date 2021-03-30 - 11-30 53 PM GMT - Time Source: server- IP address 70 177.11.66 s Agreement completed. 2021-03-30 - 11 30 53 PM GMT VOWII=es Adobe Sig,