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HomeMy WebLinkAbout24-049 - Wrecking Ball Demolition - Foster Memorial Park Restroom Demolition141,04, ,110,40 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 24-049 Council Approval N/A 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 Wrecking Ball Demolition, 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 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. 222A2sizapp Schedulg - - cagg§-Ig-kg-EgaQaugg-ay-, atugigg. The Contractor shall perform those services described on txhibit A (L)emohtion Proposal — Foster Memorial Park Restroom Demolition — Base Scope Bid) 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. C.2021221112 11.413 Ang Methocj21_The City shall pay the Contractor for services rendered according to the rate and method setton Exhibit B attached hereto and incorporated herein by this reference. The -total paid shall not exceed $26,365 3. gpatractzThe Contractor shall apply the funds received under this Agreement within the maximum MITTS ee forth in this Agreement. The Contractor shall request prior approval from the City whenever Contractor desires to amend its budget in any way. 4.gujjQpg aree ent. This Agreement shall be in full force and effect for a period commencing September 22, 203, and ending May 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. ,Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respeUrE flee 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. Jndemnificatio 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 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. jnsurance. 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 shalt 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 $2,000000 products -completed operations aggregate limit. Commercial General Liabitity 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 CA Revised May 2020 Page 2 of 4 of not less than A: VII. 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 Keepina and IReportina. 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. piscrimination 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. 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. 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 e ect unless A is in writing and signed by the parties. CA Revised May 2020 Pagc 3 of 4 14. Severabilitv 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. Notifies. 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. apjaligataiLlawatauLatizatylitu 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 1st day of May , 2024 CITY OF TUKWILA DocuSigned by: Li latM&S /1444. 8EE24380545B44C... Thoma McLeod, Mayor 5/1/2024 1 11:26 AM PDT ATTEST/AUTHENTICATED: DocuSigned by: 3D04AB9746FA4E8... Andy Youn, City Clerk APPROVED AS TO FORM: DocuSigned by: Stmt. 5F499CA4165F4i2... Office of the City Attorney CONTRACTOR: By: Printed Name: Sam Newland Title: Managing Member Address: 3310 Chestnut St., Everett, WA 98201 CA Revised May 2020 Page 4 of 4 WRECKING BALL D E M 0 1 Uri AHArE 11,4A DEMOLITION PROPOSAL Client City of Tukwila Attention: Mark Hafs Email Address: mark.hafs@tukwilawa.gov EXHIBIT "A" Date: August 16, 2023 Estimator: Kevin Campbell Proposal Revision: JOB NAME Foster Memorial Park Restroom Demolition JOB ADDRESS 13919 53rd Ave S, Tukwila, WA 98168 BASE SCOPE OF WORK • Removal and disposal of restroom structure. • Removal and recycle of associated slabs and footings. • Dust control and street sweeping as needed. • Coordinate utility disconnects with the utility providers. • Cut and cap water line on the building side of the meter and the sewer an the building footprint. • installation and removal of TESC measures as required. • Permits and notifications needed for building demolition and cut and cap. • Protection of paved walkways and curbs_ • Fill holes and depressions with soil provided by the city, • Good Faith Asbestos Survey. • TCLP testing of waste stream. storm drains and irrigation at BASE SCOPE BID AMOUNT $23,180.00 A°4D7NA:r441 EXCLUDED, PROJECT SPECIFIC EXCLUSIONS (UNLESS NOTED ABOVE) • Removal and disposal of materials not ncluded in the above scope of work description • Mobilizations in excess of one, (Additional mobilizations will be charged $1,500 EA. Plus delivery of dumpster/equipment) • The removal of below grade utilities. • The removal of sub grades. • Traffic design, signage, or uniformed officer support. • Washington State Sales Tax. • Hazardous materials removal- including but not limited to asbestos, lead, PCBs, light tubes, HID lights, freon, refrigerant, and all fluids and oils, • Installation of utilities, retention ponds, drainage piping or basins, etc. • Removal of items to be salvaged for reuse, relocation, or storage. • Site security or fencing. • Shoring or bracing. WRECKING BALL DE mOILITiON • A ill A T trA L r WRECKING BALL D L rA 0 1I) 1" 0 * ADArE H • Removal of asphalt, public sidewalks, right of way items or other site features. • Rat, mice, or other pest eradication measures. • Clearing or excavation. • Fees, costs, or tax increase due to regulatory change • Street or sidewalk closures. • Weekend or overtime work. • Baker tanks, dewatering, water collection, water treatment. • Trenching, import or export of soil. • Layout. • GPR or Xray, • Concrete cutting. • LEED. • Professional engineering costs. • Sanitary services. • ROW demolition • Bonds. We appreciate the opportunity to provide you with a proposal for this project. Please feel free to contact me with any questions or concerns. Thank you, Kevin Campbell Kevinc wreckinballdemocom 253-625-3159 Wrecking Ball Demolition WRECKING BALL BID QUALIFICATIONS & ASSUMPTIONS • • Includes one Mobilization. Additional mobilizations are $1500.00 EA (plus delivery of dumpster/equip), includes haul off and disposal of materials listed • • Based on mutually acceptable contract and schedule, Sufficient access to safely perform our work. above. • Bid is based on our standard insurance level of G IL • • Pricing reflects plus or minus 5% of quantiles given, Proposal assumes continuous and unimpeded flow • $1M OCC / $2M AGG. WBD assumes exclusive use of work area. • • • of work, reasonable access for staging and the use of debris containers for demolition debris disposal, Assumes slab being removed is up to 6" thick, Work will be performed in accordance with all Federal, State and Local regulations as well as applicable specifications, WBD requires a minimum of three weeks advance notice for schedule. • • • WBD assumes salvage value for all demolished materials. Co -mingled debris will be hauled to a Sub -title D landfill; concrete, timbers and steel will be segregated and hauled to a licensed recycling facility as appropriate. This proposal is to be attached in any subcontract issued associated with the scope of work as an • Adequate laydown, staging, and storage area to be exhibit. provided. • This proposal is valid for 60 days, We appreciate the opportunity to provide you with a proposal for this project. Please feel free to contact me with any questions or concerns. Thank you, Kevin Campbell Kevinc wreckinballdemocom 253-625-3159 Wrecking Ball Demolition WRECKING BALL Company Name: The City of Tukwila Company Address: 6300 Southcenter Blvd. Suite 200 Tukwila WA 98188 Attention: Mark Hafs Project Name: Foster Memorial RR Reference Document: Reference Scope: Added labor for expedited completion ADDITIONAL WORK NOT PART OF CONTRACT: Labor Demo Tech Journeymen Summary Total Labor Total Direct Costs Total Indirect Costs WBD CO #: 1 DATE: 4.3.24 QUANT. UNITS RATE TOTAL 8.0 HRS. $91.33 $730.64 Hours: 8 Subtotal $730.64 $730.64 $0.00 $0.00 Subtotal $730.64 Overhead & Profit at: 15.00% $109.60 Bond Cost TOTAL COST $840.24 Description: The below total reflect the cost to add an additonal laborer to the crew to expedite completion due to site safety. Subtotal: Sales Tax: TOTAL COST: $840.24 $0.00 $840.24 If you should need any additional information, please do not hesitate to contact me at (619) 830-9377 or the office 425-339-3111. STANDARD EXCLUSIONS: Hazardous materials, asbestos containing materials and products, historic air monitoring, PCB's, lead containing materials and products, lead and/or asbestos testing; contractor responsible for fire sprinklers to be shut down, electrical safed, plumbing capped, Freon removed; any prep work, patching, capping; locating utilities, locate or responsible for damage or removal of underground tanks, wells, utilities; adhesive removal or glue buttons, not responsible for buried items such as electrical conduit, plumbing, post tension cables; secondary bracing or shoring, demolition not Cassie Morrison Project Manager Office: (425)-339-3111 FAX: (425)-339-3121 Website: www.wreckingballdemo.com