HomeMy WebLinkAbout24-074 - Looker Asphalt, Inc - Parks Asphalt Removal and Repavement
24-074
City of Tukwila Contract Number:
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name:_Looker Asphalt, Inc. _Project No. ______________
Address:_7623 Portland AveE,__________
_Tacoma, WA 98404 ________Budget Item:______________
Telephone:_(253) 538-5055_______________Project Name:______________
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, ParksDepartment, 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 _15thday of _May___20_24_, by and between the City of
Tukwila, hereinafter __Looker Asphalt, Inc.____,hereinafter referred to as
ontractor.
The City and the Contractor hereby 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 isto be modified in any way.
2.TIME OF COMPLETION.
The work shall be commenced on _6/1/2024__ and be completed no later
than _06/30/2024___.
3.COMPENSATION AND METHOD OF PAYMENT.
The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit Aattached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed _$17,500.00_, except by written
agreement of the parties.
4.CONTRACTOR BUDGET.
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.
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 completion of the
work, provided the contract is fully performed and accepted.
7.CONTRACT DOCUMENTS.
The contract includes this Agreement, Scope of Work and Payment Exhibit.
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The intent of these documents is to include all labor, materials, 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 documents 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, labor, tools,
water, power and other items necessary to complete the work.
Unless otherwise specified, 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 Contractor shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due to
any act or neglect.
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. OWNERS 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 Citys option, may terminate the contract and take possession of all materials,
tools, 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.
15. PAYMENTS.
Payments shall be made as provided in the Agreements. Payments 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 Contractor, their agents, representatives,
as required herein shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or o
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Minimum Scope of Insurance.
A. Contractor shall obtain insurance of the types and with the limits
described below:
1.Automobile Liabilityinsurance 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
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. coverage as required by the Industrial Insurance laws of the State of
Washington.
Public Entity Full Availability of Contractor Limits.
B. 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.
Other Insurance Provision.
C.
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 in
with it.
Acceptability of Insurers.
D. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
Verification of Coverage.
E. 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.
Subcontractors.
F. 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
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.
Notice of Cancellation.
G. 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.
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Failure to Maintain Insurance.
H. 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 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.
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 Contractors 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 liens, 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 filed, 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 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 City, its officers, officials, employees, and
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 in conformance with
RCW 39.12.040.
24. 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 or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
25.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.
26.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.
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27.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.
28..
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
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
DATEDthis __15th__dayof___May_______________,20 _24_.
CONTRACTOR:
CITYOFTUKWILA
By:
Kris Kelly, Parks and Recreation
Printed Name:
Title:
Address:
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PROPOSAL and ACCEPTANCE
7623 Portland Ave E, Tacoma, WA 98404
Quote Date: Project Location:
4/18/202412424 42nd Ave S, Tukwila, WA
To: Project Name: Submitted By:
Tukwila Parks and RecreationMark Lee
Tukwila Parks and Recreation - Tennis Court - Tukwila
Attn: Quote Number:Phone:
Matthew AustinM24-189(253) 381-6778
E-Mail: Phone: Email:
matthew.austin@tukwilawa.gov
(206)445-2245mark@lookerasphalt.net
JOB DESCRIPTION
Asphalt Repairs
WE PROPOSE THE FOLLOWING
1. Saw cut and remove approx. 2,532 SF of failing asphalt
2. Cut and remove tree roots
3. Grade and compact existing base material
4. Add crushed rock as needed
5. Fine grade and compact
6. Apply soil sterilizer
7. Pave approx. 2,532 SF with 2" compacted B Modified Asphalt
Note: This quote includes prevailing wages
QUOTE **$15,410.00
**State sales tax to be added when applicable.
Exclusions
: (Unless specified otherwise above) Prime coat aggregate, Surveying, Engineering, Patching, Traffic Control, Inspection, Testing, Permits,
Performance or Warranty Bond.
One year guarantee against faulty material & workmanship.
1. Any deviation from the above specifications involving extra costs will be executed only upon written orders and will be charged at a time and material
or negotiated basis.
2. LOOKER ASPHALT, INC. shall not be liable for the testing, handling or disposal of contaminated or toxic materials unless it is addressed in the specifications.
We can only assume that any materials to be hauled offsite are clean unless directed otherwise.
3. LOOKER ASPHALT, INC. shall not be liable for damage to any known or unknown underground or above ground facility except that which is directly attributable
to negligence on the part of LOOKER ASPHALT, INC.
4. A firm and unyielding sub grade is necessary to provide a properly compacted, durable asphalt pavement. LOOKER ASPHALT, INC. cannot be responsible for
any pavement problems or failures, whether theoretical or actual due to marginal untested sub grades.
5. In order for LOOKER ASPHALT, INC. to be responsible for any specifications, approved plans or plan changes, they shall be provided to LOOKER ASPHALT,
INC. in writing, a minimum of 24 hours prior to commencing work.
6. Soil sterilization, if included in the specifications, will be applied at rates specified by the manufacturer. LOOKER ASPHALT, INC. will not be responsible for
any subsequent growth of weeds which have not reached maturity prior to application.
7. This contract is contingent on accidents, strikes, carrier delays, inclement weather or other delays which are beyond our control or unavoidable.
8. Proposal subject to change or cancellation after 30 days.
9. If the terms of this contract are not met, it is the intent of LOOKER ASPHALT, INC. to lien said property. In the event it becomes necessary to engage legal
services to enforce any of the provisions of this contract, contracting party agrees to pay the costs & reasonable attorney's fees of LOOKER ASPHALT, INC.
LOOKER ASPHALT, INC. REPRESENTATIVEAPPROVAL BY OWNER & DATE APPROVED