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HomeMy WebLinkAboutReg 2024-08-19 Item 5I - Contract - Foster Golf Course Roof Replacement with Forever Roofing for $171,000COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared Iay Mayor's review Council review 8/19/24 3D ITEM INFORMATION ITEM No. 5.1. STAFF SPONSOR: JOHN DUNN ORIGINAL AGENDA DATE: 8/19/24 AGENDA ITEM TULE Foster Golf Links Roof Replacement CATEGORY Discussion [ Motion Mtg Date Resolution 2Ufig Date 8/I9 Mtg Date Ordinance Mt Date Bid Award Public Hearing Other Mt Dale Mt Date Mt Date SPONSOR ❑ Council ❑ Mayor ❑ Adinin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Palace ❑ PUT SPONSOR'S SUMMARY The roof at Foster Golf Links Clubhouse has reached end of life and needs to be replaced. A proposed contract for its replacement and other repairs is at an amount which requires City Council approval before the mayor may sign and execute said contract. City staff are asking the City Council to approve this contract so repairs may be completed before the upcoming rainy season. REVIEWED BY ❑ irans&Tt,frastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev_ ❑ LTAC ❑ Arts Comm. DATE: 8/12/24 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR JOVITA MCCONNELL RECOMMENDATIONS: SPONSOR/ADi EN_ Parks & Recreation COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT t FUND SOURCE EXPENDITURE REQUIRED $171,000 AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: FOSTER GOLF ENTERPRISE FUND (FUND 411) Comments: No impact to General Fund MTG. DATE 8/19/24 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 8/19/24 Informational Memorandum dated 8/12/24 Contract Apendix A -Scope of work Minutes from 8/12 CSS Meeting 183 184 City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director TO: Community Services & Safety Committee FROM: Kris Kelly, Acting Parks & Recreation Director BY: John H Dunn III, Recreation Superintendent CC: Mayor McLeod DATE: August 12, 2024 SUBJECT: Foster Golf Links Roof Replacement Proposed Contract ISSUE The Foster Golf Links Clubhouse roof has reached the end of its expected service life and is in need of replacement. Several quotes have been obtained with the lowest responsive bidder estimating a cost requiring City Council approval before a contract can be signed. Parks and Recreation staff are seeking approval for the mayor to sign the contract with Forever Roofing to replace the roof at the Foster Golf Links Clubhouse. BACKGROUND The roof has reached end of life as the composite shingles are showing exposed cracks and worn down to the fiberglass underlayment. This has caused various leaks in recent years and threatens to cause further damage to the structure if not replaced before the next rainy season. DISCUSSION After recent leak investigations and repairs from roofing contractors, it has come to the point that the roof needs to be replaced. In addition to roofing contractors recommending roof replacement, the insurance carrier for Billy Barroo's Restaurant (The on -site concessionaire at Foster Golf Links) is also requiring a roof replacement to continue coverage of the business. Once the base roof is removed, repairs will be made to any plywood that is damaged and then the new roof will be installed. As the extent of any damage is unknown until the roof is removed, a 3% contingency is built into the contract for plywood repair. FINANCIAL IMPACT This contract is not to exceed $171,000 based on an initial roofing estimate of $149,980 + 3% for plywood repair once shingles are removed + applicable sales tax (10.2%).This will be paid from the Foster Golf Links enterprise fund (Fund 411) and will not impact the General Fund (Fund 000). RECOMMENDATION The Council is being asked to authorize the mayor to sign the contract and consider this item for consent agenda at the August 26, 2024, Regular Meeting. ATTACHMENTS Proposed Contract Appendix A- Proposed Scope of Work 185 186 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 Forever Roofing, hereinafter referred to as "the Contractor," whose principal office is located at 5023 South 144' 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 condjs hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performe' •y those services described on Exhibit A attached her fully set forth. In performing such services, the Con State, and local statutes, rules and ordinance applicab handling of any funds used in connection t written approval from the City if the scope or 2. Com • ensation and Method of according to the rate and metho reference. The total amount to 3. Contractor Budget. T maximum limits set f whenever the Contrac 4. Duration of Agreement. September 1, 2024, and endi hereinafter specified. Contractoe Contractor shall perform orporated herein by this reference as if hall at all times comply with all Federal, the performance of such services and the ntractor shall request and obtain prior b modified in any way. ity shall pay the Contractor for services rendered Exh A attached hereto and incorporated herein by this eed $171,000 as described in Exhibit A . apply the funds received under this Agreement within the em- t. The Contractor shall request prior approval from the City mend its budget in any way. Agreement shall be in full force and effect for a period commencing g December 31, 2024, unless sooner terminated under the provisions 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 4 187 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 co single limit for bodily injury and property damage of $1,000,000 per accident. A obi 'ability insurance shall cover all owned, non -owned, hired and leased vehicles. C rage sha written on Insurance Services Office (ISO) form CA 00 01 or a substitute pr viding e alent liability coverage. If necessary, the policy shall be endorsed to de r ractual liability coverage. 2. Commercial General Liability insuran - ith limi less than $2,000,000 each occurrence, $2,000,000 general aggregate and $ -completed operations aggregate limit. Commercial General Liability ins • - as least at broad as ISO occurrence form CG 00 01 and shall cove-.ility - . from premises, operations, independent contractors, products-com. -.. -rati. stop gap liability, personal injury and advertising injury, and liability assu r . unde n insu . contract. The Commercial General Liability insurance shall be endor' to _ -r project general aggregate limit using ISO form CG 25 03 05 09 or - . -.ui t endorsement. There shall be no exclusion for liability arising from exp ' . , . .ps. underground property damage. The City shall be named as an additio sured u -r th. ontractor's Commercial General Liability insurance policy with respect to . work per med for the City using ISO Additional Insured endorsement CG 20 10 10 01 and - tiona sured-Completed Operations endorsement CG 20 37 10 01 or substitute endorse oviding 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 4 188 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 required shall constitute a material breach of contract, u business days notice to the Contractor to correct the or, at its discretion, procure or renew such insuranc therewith, with any sums so expended to be repai of the City, offset against funds due the Contra 8. Record KeeDina and Reporting. A. The Contractor shall maintain accounts programmatic records which sufficiently nature expended and services records as may be deemed n B. These records shall be mai permission to destroy them is 40.14 and by the City. ed dp the C ay a ity on City. actor to maintain the insurance as hich the City may, after giving five ediately terminate the contract nd all premiums in connection nd, or at the sole discretion ding personnel, property, financial and flect all direct and indirect costs of any performance of this Agreement and other such ity to ensure the performance of this Agreement. f seven (7) years after termination hereof unless ice of the archivist in accordance with RCW Chapter 9. A • i s and Ins • e d documents with respect to all matters covered by this Agreement shall be s this Agreement. s to inspection, review or audit by law during the performance of 10. Termination. This Agreeme .y 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. 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 Aareement: 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 4 189 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, Washingtg . The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of ** City signatures to be obtained by ** tractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATE Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CTOR: By: Printed Name: Title: Address: CA Revised May 2020 190 Page 4 of 4 7117124, 1:32 PM aHRDcHM6Ly9jb21wYW55Y2FtLXBEbmRpbmcui zMuYW1hem9uYXdzLmNvb582ZDFhYTNjMyU1ZGZhLTRiMjAIYTBk0S1iOGU1... FQIever Roofing ForeverrGOfing.. el inhsalareverroolino . net a se.VL.tG rv�d•-;..+es csyf rs now r K•IrE Cr Mn'S Min 1. rdNE 0 75/ 1-0)10,,b 0. 1'1 r.• Q.•.R •rY5 .V Kr; - Pr rRGI2CEhEr;HT Fos ROOFING SE WILES IMe le[ env rnxxrularim prere:4m meritkxtod below. Harsher rmenwriza Farrier R Dery Oar ^�r3Cri 9a •'um�sh �1 rveeesraary mieena3s tome and vw4132nslop le nHar cOnea +ol. arld MOO i•AN'evemer.4 accoldr.g 101M Wrom.S °P... is:3w terms, and c000teR„i on Ina Frrer,:sea eeu'nhed above Goner NI1n'S Tear sill 1 L ..II Prn1331: . 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Forward to August 19, 2024 Regular Consent Agenda. F. Automated Traffic Safety Cameras in Park Zones Staff reported that the Codiga Park cameras are nearing implementation pending final permit approval from DCD and a technical code update. Committee Recommendation: Discussion only. G. 2024 2" Quarter Parks and Recreation Report Parks and Recreation staff provided the report. Committee Recommendation: Discussion only. H. 2024 2" Quarter Police Department Report Police Department staff provided the report. Committee Recommendation: Discussion only. II. MISCELLANEOUS The meeting adjourned at 6:20p.m. Committee Chair Approval Minutes by LH 193