HomeMy WebLinkAboutUtilities 2007-05-22 Item 3B - Agreement - Shasta Sanitary Sewer Emergency Pipe Repair with RL Alia Company
Attachment III.B.
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
May 16,2007
Shasta Sanitary Sewer Emer2ency 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 59th Ave S (page 117,
2007 CIF). 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.
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attachment
(P:Projc<tslO7SW041IDfu Memo. Shasta Sanituy Scwor EmergeD<)' P;po R<pair ShoTt Form CODtnd)
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CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name:
Address:
R. L. Alia Company
107 Williams Ave. South
Renton, W A 98055
425-226-8100
Project No.:
61-SwoY
Telephone:
Budget Item: i.j~r;" OZ. s-14. 353. (P3eO:S;-
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 threefor your records until afully 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'::t: 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
If
The work shall be commenced Mav 10. 2007, and be completed no later than Mav 14.2007.
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3. CONTRACT SIJM
The City shall pay the Contractor for the performance of the work the estimated sum of $35,000.00
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
contract is fully performed and accepted.
days after completion of the work, provided the
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 anyone 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.
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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 fmishing 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 final acceptance or until receipt of all necessary releases
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from the Department of Revenue and the Department of Labor and Industries and settlement of
any liens, whichever is later.
1. Liens
The fmal 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 IIStatement of Intent to Pay Prevailing Wages II 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.
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IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF TUKWILA
BY:~
gnature
Printed Name:
Title:
Date:
ATTEST/AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By:
8
e.~ lei. ;4'c~
Printed Name:
Title:c-:;;-~d-.
Date:
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