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HomeMy WebLinkAbout26-104 - Contract - Layland Construction, LLC - Highway Ramp Litter CleanupThis Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Layland Construction, LLC, hereinafter referred to as "the Contractor," whose principal office is located at 35217 Kinsman Rd. E, Roy, WA 98580. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to he Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Com a sa ion and Method` of Payment, The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $54,294.07. 3. Contractor to pay Prevailing Wages: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and Industries. The schedule of prevailing wage rates for the locality or localities of the Work, is determined by the Industrial Statistician of the Department of Labor and Industries ( tt s://secure.ini. a.gov/ a eloo u /). It is the Contractor's responsibility to verify the applicable prevailing wage rate. 4. . The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Aareement. The Contractor shall request prior aporoval from the City whenever the Contractor desires to amend its budget in any way. 5. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing April 20, 2026, and ending July 31, 2026, unless sooner terminated under the provisions hereinafter specified. 6. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the CA Revised May 2020 Page 1 of 5 Contractor, or any employee of the Contractor. 7. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractoes, negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Tide 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. B. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractors maintenance of insurance,, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. IMinirnurn Scope of Insurance. Contractor shall obtain, insurance of the types and with the limits described below: 1 . Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed) operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 O�9 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy, with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or, whether, any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. CA Revised May 2020 Pa,ge 2 of'5 C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A. I. Best rating of not less than A: Vil, E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 2�O 37 10 01 for completed operations. G. INot,ice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this, work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure, on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. M := - I LXT-P11M. =.!-I:? =?. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. IQ. Audits and Inspectionl. The records and documents with, respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law duHng the performance of this Agreement. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination, If the Contractor"s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 12. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. CA Revised May 2020 Pale 3 ref 5 13. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 14. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 15. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 17. Auulicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 20th day of April , 2026 CA Revised May 2020 Page 4 of 5 CITY OF TUKWILA Signed by: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: e— Signed by: Andy Youn-Barnett, City Clerk MAP FSigned by: f t� r6M&WVu6 Office of the City Attorney 190T, 11 17-IT41 to] fi bocusigned by' d(po" Sys F Printed Name: Zana Layland Title: Owner Address: -3521 7 Kinsman Rd E, Roy WA 982580 1 CA Revised May 2020 Page 5 of 5 Exhibit A - Scope of Work Highway Ramp Cleaning and Trash Disposal Services City of Tukwila Contractor: Layland Construction, LLC Project Description: The Contractor shall provide litter removal, debris collection, and proper disposal services for designated highway on -ramps and off -ramps within the City of Tukwila. Services are intended to improve safety, appearance, and environmental conditions along key transportation corridors. Locations: The Contractor shall perform services at the following fifteen (15) ramp locations: • 1-5 Northbound Exit 153 Off Ramps 1-5 Southbound Exit 154 On -Ramp • 1-5 Northbound Exit 154 • 1-5 Exit 156 • 1-5 Exit 158 WA -518 Westbound 51st Ave S Exit On -Ramp WA -518 Eastbound Klickitat Drive Exit Off -Ramp WA -518 Eastbound Tukwila International Boulevard Exit On -Ramp • 1-405 Southbound Exit 1 • 1-405 Northbound Exit 1 • 1-405 to 1-5 Interchange Southcenter Boulevard Off -Ramp • 1-405 Tukwila Parkway On -Ramp WA -599 Interurban Avenue Exit WA -599 Tukwila International Boulevard Exit WA -99 South 102nd Street Exit Scope of Services: The Contractor shall: Perform three (3) complete cleaning cycles at all listed locations Remove litter, trash, and debris from paved surfaces, shoulders, and adjacent landscaped areas within the ramp limits • Collect and remove illegally dumped materials that can be safely handled • Transport and dispose of all collected materials at an approved disposal facility Follow all applicable local, state, and federal regulations related to waste handling and disposal • Provide all labor, equipment, tools, traffic control, and materials necessary to complete the work Implement appropriate traffic control measures in accordance with current standards and regulations • Coordinate work to minimize disruption to traffic and ensure worker and public safety Coordination with WSDOT: Prior to entering any Washington State Department of Transportation (WSDOT) right-of-way, the Contractor shall coordinate with and notify Washington State Department of Transportation as required. The Contractor is responsible for complying with all WSDOT requirements, permits, and conditions for working within state right-of-way, including traffic control and safety standards. Schedule: All work, including three complete cleaning cycles at each location, shall be completed no later than July 31, 2026. Cleaning cycles shall be reasonably spaced over the duration of the contract, with an anticipated interval of approximately 4 to 6 weeks between each cycle, unless otherwise approved by the City of Tukwila. Performance Standards: All visible litter and debris within the project limits shall be removed during each cleaning cycle • Work shall be performed in a safe, efficient, and professional manner. 0 Sites shall be left in a clean and safe condition after each service • Any damage caused by the Contractor shall be promptly repaired at no additional cost to the City Coordination and Communication: The Contractor shall coordinate with the City of Tukwila's project manager regarding scheduling, access, and any issues encountered in the field. The Contractor shall promptly report hazardous conditions, significant illegal dumping, or safety concerns. I avland Construction LLC 35217 Kinsman RD E Roy, WA 98580 US +13605089569 tzlayland@yahoo.com laylandconstruction.com ADDRESS Colleen Minion City Of Tukwila DME 1736 03/24/2026 SALES REP Todd Layland DATE DESC,RIFTIC' )N QTY R/11(111E Nag= d. Total Bid for three cycles of: 1 49,224.00 cleaning and trash disposal for 15 On- Off ramps to be completed by 6/30/2026 Ramps: 1-5 N/B Exit 153 Off Ramps 1-5 SB Exit 154 Onramp 1-5 NB Exit 154 1-5 Exit 156 1-5 Exit 158 Wa-518 WB 51st Ave s Exit Onramp WA -518 EB Klictitat Drive Exit Off ramp WA 518 EB Tukwila Internation BLVD Exit onrarnp, 1-405 SB Exit 1 1-405 NB Exit 1 1-405-1-5 Interchange Sout�hcenter Blvd Offramp 1-405 Tukwila Parkway Onramp WA 599 Interurban Ave Exit WA- 599 Tukwila Inter Blvd Exit WA -99 102nd Street Exit Thank you for your businessf SUBTOTAL TAX TOTAL Accepted By Accepted Date A11'AC')(JN'T 49,22'4.00 5070.07