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Home My WebLink About22-170 - Wrecking Ball Demolition, LLC - Kennedy's Cottage DemolitionCity of Tukwila 028OSou{hcenterBoulevard, Tukwila VVA98180 CONTRACT FOR SERVICES Contract Number: 22-170 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, VVamhinghon, a non -charter optional municipal code city hereinafter referred to as "the City," and yyraokinq Ball Demolition, LLC, hereinafter referred to as the Contractor," whose principal office is located at 3310 Chestnut Street Everett WA 98201. WHEREAS, the City has determined the need to have certain services performed for ts citizens but does not have the manpower or expertise to perform such services; and WHEREAS, desires to have th'e Contractar perform such services pursuant tocertain 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 hena[n by this reference as if fully set forth, In performing such services, the Contractor shall at all times comply with all Fedena(. State, and local statutes, rules and ordinances appiicable 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 rnethod set forth on ExhibitA attached hereto and incorporated hereiri by this reference. The total amount to be paid shall not exceed $37,709 25. 3. CootnHctorBUdoat. 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 Confractor desires to amend its budget in any way. 4. Dmra0onof/\Vremnnent This Agreement shall be in full force and! effectfor a period commencing December 23. 2022. and ending March 30, 2023. unless sooner terminated under the provisions hereinafter specified. G. lnderendent Contractor. Contractor and City agree that Contractor is an fndependent 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 empioyee of the Contractor, G. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its oMloana, officials, employees and volunteers harmless from any and all claims, injuries,amalosses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, CA Revised May 2020 Page 1 of 4 Should a court of competent jurisdiction determine that this 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 bopensonso/darnagebopnopertvwhichnnayehnefronnnrinoonnect|oDvNtA 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 |naurance, 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 confractual iability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and S2,000,000 products -completed operations aggregate limit Commercial Genera! Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from pnemiaes, operations, independent contmaotors, 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 eridcrsed to provide a per projectgenena|aggnagateDnn|tuninQ|8Ofornn CG2SD3O58Qoranequivalent endorsement. There shall be no exclusiori for Iiability arising from exposion, 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 ofwhether such limits maintained bythe Contractor are greaterthan those required bythis Contract or whether ariy 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 oontmin, or be endorsed to contain that they ohoN be primary insurance with respect to the City. Any insuraooe, se|f-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with D. Acceptability Insurers. Insurance is to be placed with imomnensvvith a current A.M. Rest rating of not Iess than A: VI. 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 cf the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of al required insurance poUc|es, 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 Contrictcr shall ensure that the PU6Uc 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 cornpleted operations. a Notice of Cancellation. The Contractor shal] provide the City and all Additional Insureds for ths work with written notice of any policy cancellation, within two business days of their receipt of such H. Failure tmMaintain Insurance. Failure on the parof theContractorto maintairi 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 bnaaoh, immediately terminate the contract or, at its dlocret;um, 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 Keebino and Rebortino, A. The Contractor shall maintain accounts and reoords, 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 RCVV Chapter 40.14 and by the City. G. Audits and Inspections. The records and documents with respect to a] 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 tothe 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 shu|R 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, reUgimn, creed, color, national origin, age, veteran otatuo, sex, sexual oMnntation. gender idamtity, marital sbatuo, political affiliation, the presence of any d|sabUity, or any other protected class status under state or federal |aw, in the selection and retention of employees or procurement of materials or supplies. 12. Assianment 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. Eritire Aqrement: Modification. This Agreement, together with attachments or addenda, represents the entire and ntegrated Agreement between the City and the Contractor and supersedes all prior negotiations, rmppeaen1aUons, or agreements written or oral No amendment or modification of this CA Revised May 2020 Page 3 .014 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 folio ng address:. City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent. signature line below. 0 he address provided by the Contractor upon the 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 (ih, 20,71(7- . CITY OF TUKWILA igned via SeamiessDocs.com ..................... Kay_ Y�Pcca'a4-11 ef]-0[i:fiao4a8l44flc[ifi.SV[i 1 q...... Allan Ekberg, Mayor 12-28-2022 ATTEST/AUTHENTICATED: aSignstl via SeamieeeDooe.00m (ZhyO / (ahiehtt .................... .12...2.1............ Key: b1995+156tlee1501+fGeaaal lGye9e5hb Christy O'Flaherty, City Clerk APPROVED AS TO FORM: .................. eSignetl via SeamlessLocs.com ...................... Key. aa6996a8a289416tlaa-18e44:4 Office of the City Attorney CA Revised May 2020 CONTRACTOR: Printed Name: Address: 31 Page 4 of 4 CONTACT: PROJECT: COMPANY: Addenda: N/A Mark 1-lafs 1542142nd Ave City Of Tukwila Architect: N/A deed1111 WRECKING BALL DEMOLITION Plan Date: ESTIMATE ALTERNATE IS). 3 DATE' ESTIMATOR: N/A "Exhibit A" 11/ 2 9 / 0 22 Tannar Langdon Plana: N/A For the demolition, removal, & disposal of items specified on the above listed drawings and on photos provided including: Base Demo Scope: HEIGHT QUANTITY ilrirT Mobilization N/A 1EA EA Machine Demo Residence & Shed 5tructure (include Sewer Cap) N/A 1EA Break & Remove SOG, Walkway, Br Driveway N/A -1800 SE Remove Broken Concrete Wall Behind Residence N A -60 LF Dad -no Wood Fence Around Property N/A -150 LF Loadout & Haul Off MierTrash & Loose Debris N/A 1 EA Sewat and water cap 01 EA NEA for assumed low levers of lead, 0 1 EA Ba e Bid Amount: WA State Sales Tae : 10.101' Final Bid Amount: $24,506.00 $2,47430 $26,974.50 Allowance Alt P1: Provide TE5C Controls [Provide TESL Measures Per State/County/City Requirements QUANTITY Unit N/A 1 EA Alternate P1 Amount; WA State Sales Tax: 10.10% Final Bid Amount! **Procong civ plus or mows 5% e/[/ages Allowance Alternate #2: PSCAA Notification/Permit, Demo permit, sewer/h20 permit QUANTITY $4,500.00 5151.50 $4,954.50 Unit Provide sewer, water, demo permit N/A 1 EA Provide PSCAA Notification Before Demo N/A 1 EA Alternate #2 Amount: WA State Sales Tax; 10.103 Final Bid Amount' $4,500.00 5450.50 $4,954.50 Allowance Alternate P3: Rat Abatement QUANTITY Unit Provide Rat Abatement Required Before Structure Demo NIA 1 EA Alternate P3 Amount, WA State Sales Tax: 10.10% Final Bid Amount: 5750.00 $75.75 $825,75 PROJECT SPECtrIC ASSUMPTIONS AND/OR EXCLUSEONS: Proposal includes regular hour weekday work on (1) Mobikation (additional mobes will be charged at $1500/Each). Wrecking Ball Exclusions: - Cutting & Capping Of Above/Below Ground Utilities (Wrecking Ball assumes only to expose and cap sewer and water during demoi Abatement & Hazardous Material Removal - Excavation / Import Material/ Placement & Compaction - Site Protection / Barricades (Fencing) - Permits Final Grade (Site assumed to be left in rough grade after completion of structure removal) - Salvage Items Wrecking Ball Assumptions; - All noisy work and Iloadout can be performed for the entirety of the shift - GC/Owner wrl remove all salvage items before demo begins - All MEP will be disconnected before arrival WR enirinmprit raniiinarl for demo ran Rd.1.,P5S and nnerAte within the nron,t, BID QUALIFICATIONS: A Hazmat Survey will be provided to job start. All under & above ground utilities will be located, cut, & capped by others prior to demo. WB Assumes exclusive use of work area during demo activities & assumes salvage value for all demolished material. GC will provide hydrant use/access & a debris box placement area. WB Respectfully requests (2) weeks notice prior to job start; proposal N to be included as a separate exhibit in all contractual documents. It is as5orile,c1 that continuous footings are 2' 1 1' or leas in 5IZE, dads are 4-6" in thickness, & storm walls/retaining walls are 8" thicic 8, 3' or Fess in JENglit). STANDARD EXCLUSIONS: Hazardous materials lincluding but not limited to asbestos, lead, freon, PCB's, & all OPE & fluids), all demo items not specified above, salvage items for reuse, demo not shown for new construction & other trades, sawcutting. coredrilling, sanding, sacking, patching, grinding, bead blasting, sitework, layouts, & remobiliaations. This Proposal is valid for 30 days. Thank you for the opportunity to price out this work; we look forward to working with you! Proposal Acceptance by Title Date Print Name Purchase Order #: 3310 Chestnut Street Everett, Washington 98201-4576 * Office (425) 339-3111 Fax (425) 339-3121 www.wreckingballderno.com