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HomeMy WebLinkAbout21-106 - Mid Pac Construction, Inc - Tennis Court Repairs and ImprovementsCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA98 8 CONTRACT FOR SERVICES Contract Number 21-106 Council Approval 5/17/21 This 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 " hereinafter referred to as "the Contractor," whose principal office s located at 10610 NE 46th SI, KirklandWA 98033 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 agape and Schedule of Senticel to be PerformeO by Contractla. 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 applica to the performance of such services and the handling of any funds used in connection therewith„ he Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way, • 11 pe -U. The City shall pay the Contractor for services rendered er. • ,1 ,H11 '1 I according o the rate and method set forth on Exhibit 8 attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $53,000 3. Contractor Pgdokt. The Contractor shall apply the funds received under this Agreement within the maximum limits 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. .1...,1111, 1 It.' .111'1 This Agreement shall be in full force and effect for a period commencing 2021 , and ending 20_21_ unless sooner terminated under the provisions hereinafter specified, . 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 Contractor, or any employee of the Contractor. 11'111"1 1 HI 6. . 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„ Cr Revised May 2020 !lige14 Should a court of competent jurisdiction determine that this Agreement is s bject to RCW 4024,115, 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 Contractors negligence, It is further specifically and expresslly 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 Imutually negotiated by the parties, The provisions of this section shail survive the expiration or termination of this Agreement, . 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 lirnits as required herein shallnot be construed to limit the liabiiity 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, Minimum 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 Liatiiiity insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general 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-compieted 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 09 or an equivalent endorsement, There shall be no exclusion for liability rising 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' Cornicensation.coverage as required by the 'industrial insurance 1 ws 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, 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 a D, Acceptability of Insurers. 'Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Rage 2 01'4 of not less than A: VH. 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 20 37 10 01 for completed operations G. Notice 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, 1 ening and Reporting, A. The Contractor shall maintain accounts and records, including personnei, property, financial and programrnafic 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. 9. ,,, Jr*, !, 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 during the performance of this Agreement 10. Terminatiog. 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, 11. imination Prolf,* *1. 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, 12. Assignment and $ubcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Mcidification. 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, CA Revised May 2020 Rage 3 of 4 ww, 14. Severabilitv and StArvivat. 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. 15. Noticel. 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. 16. iUcable Law: Venue: Attornvy'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,. _day of CITY OF TUK I A eSigned via Seamlessrsscs.com lat SZAr/g Key: 1,e, arSIDIL .s7Usbs'IDS.ifts17,c72,1,15f Allan Ekberg, Mayor 07/21/2021 ATTEST/AUTHENTiCATED: 0-Ate:a C36;2(ethey Key: ft7aSsle.10a.15f0.2,c75,15,10,07,e9 City Clerk, Christy Oflaherty APPROVED AS TO FORM' eSigned via Seamlessrsscs.com Key: ee,10,1fSeJ5e711,17cISIsa5,1,7,,cle, Office of the City Attorney CA Revised May 2020 CONTRACTOR By: Printed Name a d 'Title. Address, lf),E10 Page 4 014 EXHIBITS A & B Mid Pac Construction Inc. Construction Contract With: Kris Kelly For City of Tukwila Project Resurface four tennis courts Subcontractor: None Location: Tukwilla Specifications and Conditions: Mid Pac will supply all labor and materials for the resurfacing. To include Pressure washing entire surface area and cleaning out cracks, patching cracks and damaged court areas, one acrylic filler coat, two coats of Novafil, one coat of Nova Combo and painting of tennis lines. $36,200.00 Riteway Crack Repair fabric- there are approx. 425' of cracks that should be additionally repaired with the Riteway system. The cost is $8,500.00 "not included in base bid" *Since the courts have lacked maintenance for quite some time — it is possible that more linear ft will become apparent after the washing (pretty sure the measure is fairly accurate)- once the cleaning is done — we will verify exact linear ft — and only install what the city authorizes. Price below assume acceptance of resurfacing and crack repair This Offer Must Be Accepted Within 30 Days Owner shall pay Mid Pac Construction, for the performance of its work Forty four thousand seven hundred dollars. If payment is not made to Mid Pac within 10 Calendar days from the date of invoice, interest shall accrue at the rate of 1% per month from date of invoice on unpaid balances. MID PAC CONSTRUCTION INC. Signed Don Gerstmar Signed Date 4/24/21 Date NOTE: GENERAL CONDITIONS ON REVERSE SIDE General Conditions 1 Mid Pac will furnish all labor and materials in accordance with the applicable plans and specifications furnished by the owners 2 Mid Pac shall not be liable or accountable for any loss or damage that shall or may happen to other parties works, or any part or parts thereof, respectively, or anything used and employed in furnishing and completing the same, except for loss or damage caused by Mid Pac or its employees. 3. Owners shall indemnify and hold Mid Pac harmless against any liability for cost damages and expenses (including reasonable attorneys' fees) growing out of or arising from or surrendered by other parties in connection with the project on account of any claims made against Mid Pac for losses, costs, damages and expenses, caused by parties other than Mid Pac and its employees. 4. Owner will thoroughly and promptly inform Mid Pac of any changes of conditions or scheduling that may affect its work in any manner. 5. The contract price is subject to change if there is a change in price or any materials included in this contract. 6. The contract price does not include Washington, Oregon, or Hawaii Sales Tax. 7. All labor and materials are guaranteed for one year from date of completion. 8. Mid Pac cannot guarantee structural crack repairs. 9. All necessary permits to be provided by owners. 10. Mid Pac does not assume responsibilities for subgrade, landscaping, or other related work, unless it is provided by Mid Pac or its sub contactors.