HomeMy WebLinkAboutReg 2022-11-21 Item 4L - Contract - Foster Golf Course Water Main Line Repair with Mr. Rooter Plumbing for $72,675.12COUNCIL AGENDA SYNOPSIS
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ITEM No.
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Meeting Date
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11/21/22
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ITEM INFORMATION
STAFF SPONSOR: KRIS KELLY
ORIGINAL AGENDA DATE: 11/21/22
AGENDA ITEM TITLE Foster Golf Links Bathroom Water Main Break Repair
CATEGORY ❑ Discussion
Mtg Date
0 Motion
Mtg Date 11/21
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Publi. Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire
P&R ❑ Police ❑ PIV
SPONSOR'S Foster Golf Links has a restroom located next to the 10th/11th hole that suffered a water
SUMMARY main break last month, fully disabling service. At this time, estimates have been received
and a contract created to facilitate necessary replacement and repairs. Department staff
request both the Community Services & Safety Committee and the entire council review
and approve the proposed contract so work may begin as soon as possible.
REVIEWED BY ❑ Trans&Infrastructure Svcs 0
❑ LTAC ❑
DATE: 11/14/22
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Parks & Recreation
Comm' IEE Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$72,676 $0 $
Fund Source: FOSTER GOLF LINKS (411) FUND
Comments: Item was not budgeted for, however, proper fund balance exists to pay for this work
MTG. DATE
RECORD OF COUNCIL ACTION
11/21/22
MTG. DATE
ATTACHMENTS
11/21/22
Informational Memorandum dated 11/8/22
Proposed Contract
Mr. Rooter of Western WA Estimates 240903846 & 240887370
Minutes from the 11/14 Community Services & Safety Committee
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122
City of Tuk %%Il a
Allan Ekberg, Mayor
Parks & Recreation Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Kris Kelly, Parks & Recreation Parks Manager
BY: David Rosen, Parks & Recreation Fiscal Analyst
DATE: November 8, 2022
SUBJECT: Foster Golf Links Bathroom Water Main Line Repair Contract Approval
ISSUE
A water main line break at Foster Golf Links (FGL) has caused a service disruption to a bathroom
located on the course. Repair of said break requires use of services costing more than $40,000,
necessitating the need for council approval.
BACKGROUND
Foster Golf Links has a restroom located next to the 10th/11th hole that suffered a water main line break
in September, since this break, restroom services have been offered on location via portable toilets.
DISCUSSION
Restoration of restroom services on the course is critical maintaining as high quality a customer
experience as possible. Currently, replacement service is being provided via portable toilets, generating
additional ongoing costs for operations. Lastly, failure to perform this work now may cause it to be more
expensive in the future should work ultimately be done, due to factors such as service availability and
inflationary pressure on inputs for work such as materials and equipment.
FINANCIAL IMPACT
This specific service would be paid for exclusively from the Foster Golf Links (411) Fund. Therefore, no
financial impact upon the General Fund is created by approval of this contract.
At this time, maximum spending for this item is estimated at $72,675.12, some of this estimate includes
finance charges that we do not believe will be incurred.
RECOMMENDATION
Department staff recommend the Community Services and Safety Committee approve this item to be
forwarded to the November 28, 2022 Committee of the Whole and December 5, 2022 Regular Meeting
for further consideration.
ATTACHMENTS
A --- Proposed Contract for Services (Contract Number TBD)
B --- Mr. Rooter of Western WA Estimates 240903846 & 240887370 (Exhibit A, Dated 9/14/22)
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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124
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Mr. Rooter Plumbing , hereinafter
referred to as "the Contractor," whose principal office is located at
2000 S 116th St. Seattle Wa. 98168 .
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. Scope and Schedule of Services to be 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. Compensation 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 $75,000 .
3. Contractor Budaet. 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.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
November 14 , 20 22 , and ending February 1St , 2023_, unless
sooner terminated under the provisions hereinafter specified.
5. 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
Contractor, or any employee of the Contractor.
6. 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.
CA Revised May 2020 Page 1 of 4
125
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 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.
7. 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. Contractor's 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. 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 Liability 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 -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 09 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.
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.M. Best rating
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
126
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.
8. Record Keeping and Reporting.
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.
9. Audits and Inspections. 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. Termination. 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. 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.
12. 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.
13. 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.
CA Revised May 2020 Page 3 of 4
127
14. 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.
15. 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.
16. 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 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 , 20_
City Signatures to be obtained by City Clerk's Staff ONLY
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 4
128
h it A
BILL TO
City of Tukwila*
14000 Interurban Ave S
Tukwila, WA 98168 USA
JOB ADDRESS
City of Tukwila
14000 Interurban Avenue South
Tukwila, WA 98168 USA
A 5 IL) ILES (: II IP '1"' II 0 11,4
Mr. Rooter Plumbing of Western Washington
2000 S 1.1.6th St
Seattle, WA 98168
800-845-3107 Customer Service
ESTIMATE ESTIMATE DATE
240887370 Sep 14, 2022
Job: 240874390
Technician: Scott Roderick
ILZ II C ILE 'II"' 11„„,
9910003 Additional Plumbing Service: 1.00 $4,600.00 $4,600.00
Additional Plumbing Service
Have leak in parking lot on pvc line. Will cut out section of asphalt, dig
down to expose line and make repair. Backfill to rough grade and patch
with asphalt.
C 11,1.11E D 11" CA IIR.D IP AY IN1 A IL„,1"1" ZAT" II 0 IN
Please pay total due amount. Thank you.
Print Name below as it appears on credit card
Payment Type
Name on card
Signature
Remit to:
Amount Due:
CILJS"1"0 IM1 A IL„,1"1"' ZA"'Ir" II .0 IN
Credit Card #
SUB -TOTAL $4,600.00
TAX $464.60
TOTAL $5,064.60
EST. FINANCING $110.41
EXP CVC
IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract, if you
sign this contract and you fail to meet the terms and conditions of this contract you may lose legal ownership rights to your
Estimate #240887370 Page 1 of 2
home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME
PRIOR TO MIDNIGHT THE 3RD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION, SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. I agree that initial price quoted prior to start of work does not
include any additional or unforeseen tasks. Nor materials which may be found to be necessary to complete repairs or
replacements. I also agree to hold Mr. Rooter or its assigns harmless for parts deemed corroded, unusable, or unreliable for
completion of stated work to be done. I hereby authorize Mr. Rooter to perform proposed work and agree to all agreement
conditions as displayed on this page and the following two pages of this document and further acknowledge that this invoice
is due upon receipt. A monthly service charge, at maximum allowed by law, will be added after 10 days. Independently
owned and operated franchise.
Sit] Iheo-: l t,
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Estimate #240887370 Page 2 of 2
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CITY OF SEATTLE CHARGE -BACKS
131
132
�m lii lii � A C
un Iii fnuued,
BILL TO
City of Tukwila*
14000 Interurban Ave S
Tukwila, WA 98168 USA
JOB ADDRESS
City of Tukwila
14000 Interurban Avenue South
Tukwila, WA 98168 USA
"1"ASIh.IL) 111 SC'II'tIIIL) "'1"'II )IOM
Mr. Rooter Plumbing of Western Washington
2000 S 1.1.6th St
Seattle, WA 98168
800-845-3107 Customer Service
ESTIMATE ESTIMATE DATE
240903846 Sep 14, 2022
Job: 240874390
Technician: Scott Roderick
9910003 Additional Plumbing Service:
Run new water service from meter to bathrooms on golf course. Will tee
off line and shoot over to maintenance building as well.
Will drill line and have to pot hole every 100'. Mr Rooter will pull back
sleeve and tracer wire. Will install new pex waterline in sleeve. After job is
complete will pressurize system to check for leaks. If no additional work is
needed will backfill all holes and patch asphalt in parking lot.
CIIIRE lIL)I'i. C'A1IIRT'r IP A'CIME III g'I. AIL.I'1"'IL II IIa117A.i.II 0 IN
M
Please pay total due amount. Thank you.
Print Name below as it appears on credit card
Payment Type
Name on card
Signature
Remit to:
Amount Due:
CILJS"1"0 11Alll ll't AIL.LLIL II IIa117A.LII IN
M
Credit Card #
II'tIIC'IE I"' )"'LA11..
1.00 $60,000.00 $60,000.00
SUB -TOTAL $60,000.00
TAX $6,060.00
TOTAL $66,060.00
EST. FINANCING $1,440.11
EXP CVC
IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract, if you
Estimate #240903846 Page 1 of 2 _ _
sign this contract and you fail to meet the terms and conditions of this contract you may lose legal ownership rights to your
home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME
PRIOR TO MIDNIGHT THE 3RD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION, SEE THE ATTACHED NOTICE OF
CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. I agree that initial price quoted prior to start of work does not
include any additional or unforeseen tasks. Nor materials which may be found to be necessary to complete repairs or
replacements. I also agree to hold Mr. Rooter or its assigns harmless for parts deemed corroded, unusable, or unreliable for
completion of stated work to be done. I hereby authorize Mr. Rooter to perform proposed work and agree to all agreement
conditions as displayed on this page and the following two pages of this document and further acknowledge that this invoice
is due upon receipt. A monthly service charge, at maximum allowed by law, will be added after 10 days. Independently
owned and operated franchise.
Sit] Iheo-: l t,
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Estimate #240903846 Page 2 of 2
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CITY OF SEATTLE CHARGE -BACKS
135
136
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
November 14, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present:
Staff Present:
Kathy Hougardy, Chair; Mohamed Abdi, Tosh Sharp
David Cline, Rachel Bianchi, Norm Golden, Kris Kelly, Tiffany Johnson,
Matt Austin, Laurel Humphrey
Chair Hougardy called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Resolution: 2023 Legislative Agenda
Staff is seeking Council approval of a resolution adopting the legislative agenda for use in
Olympia during the 2023 session.
Committee Recommendation:
Unanimous approval. Forward to November 28, 2022 Committee of the Whole.
B. Puget Sound Regional Fire Authority Transition
Staff is seeking Council approval of four station lease agreements, four ordinances amending
the Municipal Code to conform with the transition of fire services, and one resolution seeking
annexation.
Committee Recommendation:
Unanimous approval. Forward to November 28, 2022 Committee of the Whole.
C. Contract: Foster Golf Links Water Main Repair
Staff is seeking a contract with Mr. Rooter Plumbing in an amount not to exceed $72,675,12 for
repair of a water main line break at Foster Golf Links.
Committee Recommendation:
Unanimous approval. Forward to November 21, 2022 Regular Consent Agenda.
II. MISCELLANEOUS
Councilmember Sharp reported concerns with cars parking illegally on sidewalks near
businesses on Tukwila International Boulevard. Councilmembers and staff discussed business
outreach and enforcement possibilities.
The meeting adjourned at 6:37 p.m.
Committee Chair Approval
Minutes by LH
137