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HomeMy WebLinkAboutCOW 2007-05-29 Item 3D - Agreement - Emergency Sanitary Sewer Pipe Repair with RL Alia COUNCIL AGENDA SYNOPSIS ITEM NO. s Meetin ,-I Date by ay pimcil review X Prepared Mayor's review w� ;0 05/29/07 1 MC 1 /7to 1 �r 1 06/04/07 1 1 1 Q"' rsoa 1 f 1 1 1 ITEM INFORMATION CAS NUMBER: 07-066 1 ORIGINAL AGENDA DATE: MAY 29, 2007 AGENDA ITEM TITLE Emergency Sanitary Sewer Pipe Repair at Shasta Beverages Short Form Contract with R.L. Alia. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/29/07 161ts Date 06/04/07 Mtg Date Mtg Date Mg Date Mtg Date !l ftg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S City maintenance crews discovered a portion of sanitary sewer with eroded channels SUMMARY allowing sewage to leak and enter the ground. The location is in front of Shasta Beverages at 1227 Andover Park East. The leak requires immediate repair. A resolution will declare an emergency and allow staff to immediately enter into a construction contract. R.L. Alia Company was solicited to complete the work for $35,000.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 05/22/07 RECOMMENDATIONS: SPONSOR /ADMIN. Approve emergency contract with R.L. Alia. COMMIT ThE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $35,000.00 $50,000.00 $0.00 Fund Source: 402.02 Sewer (page 117, 2007 CIP) Comments: Available budget is from the design of the Sewer Repair at 14438 59` Ave S, which will be done in- house. MTG. DATE RECORD OF COUNCIL ACTION 05/29/07 06/04/07 MTG. DATE ATTACHMENTS 05/29/07 Information Memo dated May 16, 2007 Short Form contract with R.L. Alia Utilities Committee Meeting Minutes from May 22, 2007 06/04/07 INFORiMATION MEMO To: Mayor Mullet From: Public Works Director Car Date: May 16, 2007 Q-' Subject: Shasta Sanitary Sewer Emergency Pipe Repair Project No. 07 -SW04 Short Form Construction Contract ISSUE Short Form Contract with R. L. Alia Company of Renton, Washington, for the emergency repair of the sanitary sewer near Shasta Beverages in Andover Park East in the amount of $35,000.00 plus applicable Washington State sales tax. BACKGROUND While videoing sewers, City maintenance staff discovered a portion of sanitary sewer with eroded channels allowing sewage to leak and enter the ground. The location is in front of Shasta Beverages, Inc., at 1227 Andover Park East. The depth of the sewer varies from 7 feet to 10 feet. The leaking of sewage has not resulted in subsidence of the street or pavements yet, but sinkholes are a possibility. ANALYSIS This project was not budgeted in the 2007 C.I.P. Funds to repair the damaged sanitary sewer line are available from the design budget for the Sewer Repair at 14438 59 Ave S (page 117, 2007 CIP). The design is being done in -house by City staff. RECOMMENDATION Authorize the Mayor to sign the short form contract in the amount of $35,000.00 (estimated cost) plus applicable Washington State sales tax with R. L. Alia Company for the emergency repair at Shasta Beverage. MC:lw attachment (P:PtojecM07SW6luefo Memo Shute Sanitary Sneer cagey Ape Repair Alen Form Contract) CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: R. L. AIia Company Project No.: Sk.' 0 Address: 107 Williams Ave. South Renton, WA 98055 Budget Item: �G�, 02. 3S3 0J Telephone: 425- 226 -8100 Project Name: Shasta Beverages Sanitary Sewer Emergency Pipe Repair Please initial all attachments, then sign and return copies one and two to: City of Tukwila Public Works Department 6300 Southcenter Boulevard, Suite 100 Tukwila, Washington 98188 Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this day of 2007, by and between the Citv of Tukwila, hereinafter called "the City," and R. L. Alia Company, hereinafter called "the Contractor." The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK The Contractor shall furnish all of the material and perform all of the work for: Emergency repair of existing 12" sanitary sewer in Andover Park West near Shasta Beverages, Inc., at 1227 Andover Park East. A. Sawcut existing pavement. B. Excavate 30'± of trench for sewer repair. C. Repair sanitary sewer with 12" PVC with Romac couplings. D. Provide bypass pumping between existing manholes of sewer. E. Remove TV camera from existing pipe. F. Provide shoring for trench. G. Provide 5/8" crushed backfill for trench. H. Restore pavement to match existing. I. Traffic control per MUTCD. All work shall be in accordance with City Standards and the Standard Specifications for Road, Bridge and Municipal Construction 2006. 2. TIME OF COMPLETION The work shall be commenced Mav 10. 2007, and be completed no later than Mav 14. 2007. -1- std e,2 d /e/6i,/177) S 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the estimated sum of S35,000.00 plus applicable Washington State sales tax. Payment will be by Force Account per Section 1 -09.6 of the WSDOT Standard Specifications. 4. PAYMENTS The City shall make payments on account of the contract at completion of project. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due days after completion of the work, provided the contract is fully performed and accepted. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions, which shall govern: A. Contract Documents The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. -2- E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. F. Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the Contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: 50,000 property damage 500,000 public liability (each person) 1,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after fmal acceptance or until receipt of all necessary releases -3- from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. Attorneys Fees and Costs In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials, and leave the site clean. P. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Q. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. R. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. -4- IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA R. L. LIA IOMPANY B y' BY 1 gnature Signature Printed Name: Printed Name: 1 L PI� Title: Date: Date: o 7 1 I ATTEST /AUTHENTICA [ED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: -5- of City of Tukwila t 1/ N 6 O Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes May 22, 2007- 5: 00 p. m. PRESENT Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton Staff: Frank Iriarte, Bob Giberson, Mike Cusick, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:57 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Shasta Sanitary Sewer Emervencv Pine Repair Emergency Declaration Resolution Staff has identified eroded pipes in a portion of the sanitary sewer located in front of Shasta Beverages off of Andover Park East. As a result of these damages, staff is seeking Council approval for an emergency resolution exempting the contract process from competitive bidding and allowing for immediate repairs of the sewer pipe. The pipe was originally installed in 1967, and faltered after 40 years of area businesses utilizing chemical and acid in their technical processes. The replacement piping will be made of materials inert to the chemicals utilized by these businesses. UNANIMOUS APPROVAL. FORWARD TO MAY 29 COW FOR DISCUSSION. B. Shasta Sanitary Sewer Emergency Pipe Repair Short Form Construction Contract Staff is seeking authorization to enter into a short form contract with R.L. Alia Company in the amount of $35,000 plus WSST for the repair of the subject sanitary sewer. Funds were not budgeted for this repair. Since the design for another project (Sewer Repair at 14438 59 Avenue South) is scheduled to be completed in- house, the funding for the emergency repair will be taken from the 2007 CIP design budget originally reserved for the Sewer Repair at 14438 59 Avenue South (see CIP page 117). UNANIMOUS APPROVAL. FORWARD TO COW FOR DISCUSSION. C. Proposed King County Solid Waste Increase Staff originally submitted King County's proposed solid waste increase as infoimation only to the Committee. After discussion, the Committee recommended the information be presented to full Council to keep them as well as the general public informed.