HomeMy WebLinkAbout20-133 - Totem Electric of Tacoma, Inc - Tukwila Urban Center (TUC) Pedestrian Bridge Flood Damage RepairsCity ���x�
Tukwila
6200 Southcenter Boulevard, Tukwifa 98188
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: Totem Electric of Tacoma, Inc
Address:
Telephone:
2332 Jefferson Ave
Tacoma, WA 98402'1405
1-253'722-2842
Contract Number: 20-133
Council Approval N/A
Project No. 82010407
BudQetkem: Annual Signal Program
Project Name: Pedestrian Bridge lighting flood repairs
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, public Works Department, 6200 Southcenter Boulevard, 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 14th day of December 2020' by and
between the City of Tukxv|a, hereinafter referred to as "City", and Totem Electric of Tacoma, Inc.'
hereinafter referred to as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor
shall per-forrn those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully setforth. n performng such services, the Contractor shall at all times cornply with
all Federa|. 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. TIME OF COMPLETION. The work shall be commenced onzz/za/uozo and be completed no later
than 12/28/2021
3. COMPENSATIONAND 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 ths reference, The total amount tobepaid shall not exceed $19, 900.00 at a rate of
except by written agreement of the parties.
4. CONTRACTOR BUDGET. The Contractor shaU apply the funds received under this Agreement within
the maxmum Iimits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the project.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after compretion of the
vvork, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
' The contract includes this Agreement, Scope of Work and Payrnent Exhibit.
CA revised May 2020
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Page 1
' The intent of these documents is to include all #abor, ma1mAo|a, 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 documerits and to report
all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS, APPLIANCES AND EMPLOYEES.
• Except as otherwise noted, the Contractor shall provide and pay for all materials, /abor, ton(s,
vvoter, power and other items necessary to comptete the work.
Unless otherwise mpac[fied, 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.
9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution 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.
10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractcr shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due to
any act or negfect.
11. 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.
12. CHANGES IN 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.
13. 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.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute 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 opbon, may terminate the contract and take possession of ail materials,
too|m, 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.
16. PAYMENTS. Paynients shall be made as provfded in the Agreements. Paynients 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.
16. 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 Cootrootor, their agents, representatives,
employees or subcontractors. Contractors maintenance of insurance, its scope af caverage and Iimits
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.
CA revised May 2020
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A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the Iimits
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 @ 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,
&2.00D,ODDgeneral aggregate and $2,000,000 products -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 mperahomo, stop gap liability, personal injury and advertising injury, and
Iiabi!ty assumed under an insured contract. The Comrnercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09
or an equivalent endorsement. There shall be no exclusion for Iiabiity arising froni 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 Ieast 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. |fthe Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available linnits
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.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to con1ain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any |nsuoanoe, smhf-inmuuanoa, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
O. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endonyernenta, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
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 hene|n, 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 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the Qty and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
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H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain 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 bnyooh, 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.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and 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 from the Department of Revenue and the Department of Labor and industries
and settlement of any iens, whichever is later.
18. 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 fi|Sd, or a bond satisfactory to the City indemnifying the City against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the
work and the Contractor shall properly cooperate with any such other contracts.
20. 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.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements
and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, 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 City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCVV4.24.115. 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 City, its officers, offioia|a, ennployema, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 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.
23. 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
RCVV3Q.12.04O.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, reUgion, creed, oo|or. national origin, age,
veteran staƒus, sex, sexual orientation, gender |denUty, marital ot@\us, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
25. ENTIRE AGREEMENT; MODIFICATION. This Agreermant, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negot|oUone, napremantaUOns, 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.
26. SEVERABILITY AND SURVIVAL. If any &arnm, 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
Agnaernent, 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.
CA revised May 2020 Page 4
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
820}SouthcenterBlvd.
Tukwila, Washington 98188
Nctices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
28. APPLICABLE 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 au|t, orb/trat|un,
or other proceeding is instituted to enforce any term of this Agreennent, 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 entitied to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
CITY OF TUKWLA
By:
Signature Signature
Printed Name: Hari Pannek,anti
12/14/2020
Date:
APPROVED AS TO FORM:
BY:
Office of the City Attorney
CA revised M ay 2020
Printed Name: Todd Prentiss
Title: Project Manager
Date:
12/14/2020
Page 5
EXHIBIT A/EXHIBIT B
TOTEM ELECTRIC of TACOMA, Inc.
Phone ( 253 ) 383-5022
Fax ( 253 ) 272-5214
To: Scott Bates DATE: 12/14/2020
Re: Repair/Relocation of West Side Bridge Lighting Controllers - REVISED
Scott,
I am pleased to provide you with this proposal, and the scope of work we offer for the referenced ro ect
Description
Qty
Unit
Unit Price
Extension
Repair/Relocation of West Side Bridge Lighting Controllers
1
LS
$19,900 00
$19,900 00
Proposal Total
$19,900.00
ny rnodifications to our bid must be agreed to prior to bid opening
( No bid item may be deleted without discussion)
This proposal and budget is good Jiir thirty days, and thereafter may require renegotiation
Exclusions:
1 Bond fee / bonding available / call for rate.
2 Testing or engineering
3 Temporary lighting.
4 Permits other than electrical.
We include:
1 USE Tax on Material
2 Cleaning out of the (2) Rail Light Control Cabinets and rewiring the Controllers with all new components.
3 Relocation of (2) Control Cabinets and (2) Communication Junction Boxes as high up on the Bridge Pier as
possible.
4 Relocation of the existing Lighting Fixture to make room for the Control Cabinets,
Conditions/Clarifications:
1 The City of Tukwila will provide security of the site to protect the scaffolding when it is installed and
the equipment as it is being installed.
2 We are assuming that all of the existing branch circuit wiring was not affected by the flooding of the
controllers and will be re -used.
3 We are assuming that ampacity of the existing circuits will be sufficient to carry the load of the new system.
Contact the undersigned for any questions at 253-383-5022.
Sincerely:
Totem Electric of Tacoma, Inc.
r -
Todd Prentiss
WE ARE AN EQUAL OPPORTUNITY EMPLOYER