HomeMy WebLinkAbout25-032 - Contract - CXT, Inc. - Joseph Foster Memorial Park Restroom ReplacementCity of Tukwila Contract Number: 25-032
Council Approval 12/16/24
• 6200 Southcenter Boulevard, Tukwila WA98188
v
CONTRACT FOR SERVICES
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 CXT, Inc., hereinafter referred to
as "the Contractor," whose principal office is located at
606 N. Pines Road Suite 202, Spokane Valley, WA 99206.
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:
Scone 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 $255,075.53 at a rate described in Exhibits
A & B ($33,776.30 for installation of utility/building foundation + $221,299.23 for installation of
building itself).
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. DurationofAgreement. This Agreement shall be in full force and effect for a period commencing
December 9th, 2024, and ending September 30th, 2025, 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,
CA Revised May 2020 Page 1 of 4
except for injuries and damages caused by the sole negligence of the Public Entity.
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.
CA Revised May 2020 Page 2 of 4
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
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 Keeaina and Renortina.
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. 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
CA Revised May 2020 Page 3 of 4
Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. Severabmlity 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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Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. * 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.
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CITY OF TUKWILA
Signed by: Infti
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED-
Signed by:
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Andy Youn-Barnett, City Clerk
Signed by:
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Office of the City Attorney
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DocuSigned bye
By:
J�Vit�A
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Printed Name*Brian Hall
Address: 606 N PineS Rd. suite 202
Spokane valley, WA 99206
CA Revised May 2020 Page 4 of 4
Exhibit A/B
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CXT1 Precast Concrete Products manufactures restroom, shower and
concession buildings in multiple designs, textures and colors, The roof and
walls are fabricated with high strength precast concrete to meet all local
building codes and textured to match local architectural details. All CXT
buildings are designed to meet A.D.A. and to withstand heavy snow, high
wind and category E seismic loads. All concrete construction also makes
the buildings easy to maintain and withstand the rigors of vandalism. The
buildings are prefabricated and delivered complete and ready -to- use,
including plumbing and electrical where applicable. With thousands of
satisfied customers nationwide, CXT is the leader in prefabricated concrete
restrooms.
1. ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines
Road, Suite 202, Spokane Valley, WA 99206
MKOTITO-1u:
3. PAYMENT ADDRESS(ES):
Remitting by check:
CXT, Inc., PO Box 676208, Dallas, TX 75267-6208
Remitting by ACH or wire transfer:
Beneficiary: CXT Inc.
Beneficiary Bank: PNC Bank, Pittsburgh, PA
Account: 1077766885 ABA/Routing: 043000096
Email remittance details to AR@Ibfoster.com
4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The
warranty is valid only when concrete is used within the specified loadings'
Furthermore, said warranty includes only the related material necessary
for the construction and fabrication of said concrete components. All
other non -concrete components will carry a one (1) year warranty. CXT
warrants that all goods sold pursuant hereto will, when delivered, conform
to specifications set forth above. Goods shall be deemed accepted and
meeting specifications unless notice identifying the nature of any non-
conformity is provided to CXT in writing within the specified warranty.
CXT, at its option, will repair or replace the goods or issue credit for the
customer provided CXT is first given the opportunity to inspect such goods'
It is specifically understood that CXT's obligation hereunder is for credit
repair or replacement only, F.O.B. CXT's manufacturing plants, and does no;
include shipping, handling, installation or other incidental or consequential
costs unless otherwise agreed to in writing by CXT.
This warranty shall not apply to:
1. Any goods which have been repaired or altered without CXT's express written
consent, in such a way as in the reasonable judgment of CXT, to adversely affect the
stability or reliability thereof;
2. To any goods which have been subject to misuse, negligence, acts of
God or accidents; or
3. To any goods which have not been installed to manufacturer's
specifications and guidelines, improperly maintained, or used outside of
the specifications for which such goods were designed.
5. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): All prices
subject to the'Conclitions of Salelisted on the CXT quotation form.
Customers are responsible for marking exact location building is to be
set; providing clear and level site, free of overhead and/or underground
obstructions; and providing site accessible to normal highway trucks and
sufficient area for the crane to install and other equipment to perform
the contract requirements. Customer shall provide notice in writing of
low bridges, roadway width or grade, unimproved roads or any other
possible obstacles to access. CXT reserves the right to charge the customer
for additional costs incurred for special equipment required to perform
delivery and installation. Customers will negotiate installation on a project -
by -project basis, which shall be priced as separate line items. For more
information regarding installation and truck turning radius guidelines
please see our website at hJtpJ
In the event delivery of the building/s ordered is/are not completed
within 30 days of the agreed to schedule through no fault of CXT, an invoice
for the full contract value (excluding shipping and installation costs) will be
submitted for payment. Delivery and installation charges will be invoiced at
the time of delivery and installation.
Should the delivery and installation costs increase due to changes in the
delivery period, this increase will be added to the price originally quoted,
and will be subject to the contract payment terms.
In the event that the delivery is delayed more than 90 days after the
agreed to schedule and through no fault of CXT, then in addition to the
remedies above, a storage fee of 1-1/2% of contract price per month or any
part of any month will be charged.
"Customer is responsible for all local permits and fees.
6. DELIVERY CHARGE.- All prices F.O.B. origin prepaid and added to invoice.
CXT operates three (3) manufacturing plants in the United States and will
deliver from the closest location on our carriers.
7. PAYMENT TERMS: All orders are cash in advance. At CXT's discretion,
credit may be given after approval of credit application. Payment to CXT by
the purchaser of anyapproved credit amount is net 30 days after submission
of invoice to purchaser, Interest at a rate equal to the lower of (i) the highest
rate permitted by law; or (ii) 1.5% per month will be charged monthly on
all unpaid invoices beginning with the 35th day (includes five (5) day grace
period) from the date of the invoice. Under no circumstance can retention
be taken. If CXT initiates legal proceeding to collect any unpaid amount,
purchaser shall be liable for all of CXT's costs, expenses and attorneys' fees
and costs of any appeal.
8. LIMITATION OF REMEDIES: In the event of any breach of any obligations
hereunder; breach of any warranty regarding the goods, or any negligent
act or omission of any party, the parties agree to submit all claims to binding
arbitration. Any settlement reached shall include all reasonable costs
including attorney fees. In no event shall CXT be subject to or liable for any
incidental or consequential damages. Without limitation on the foregoing,
in no event shall CXT be liable for damages in excess of the purchase price
of the goods herein offered.
9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to
invoice. CXT operates three (3) manufacturing plants in the United States
and will deliverfrom the closest location on our carriers. Use the information
below to determine the origin:
. F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687
applies to: AK, CA, HI, ID, MT, NO, NV, OR, SO, UT, WA, WY.
. F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ,
CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX
VA, VT, WI, WV
. Prices exclude all federal/state/local taxes. Tax will be charged where
applicable if customer is unable to provide proof of exemption.
Rev.0511112022
Amber Rose
Berry Mauve
Buckskin
Cappuccino Cream
Charcoal Grey
Coco Milk
Evergreen
Georgia Brick
Golden Beige
Granite Rock
Hunter Green
Java Brown
Liberty Ton
Malibu Taupe
Mocha Caramel
Natural Honey
Nuss Brown
Oatmeal Buff
Pueblo Gold
Raven Black
Rich Earth
Rosewood
Sage Green
Salsa Red
Sand Beige
Special roof color #
Special wall color #
Special trim color #
F]Mountain Ble 0
IUI
FNI=
Western Wheat
7m=
Wall Texture(s) (For single color mark an X Far top and bottom textures use T= Top and B = Bottom.)
Barnwood
1_:61
1 . j_ 91
iroard & Batt
Brick Flagstone
Door Opener
FI ADA Handle Privacy ADA Latch
Deadbolt R
Accessible Signage
RMen F]Women F]Unisex
Toilet Paper Holder
F2 -Roll Stainless Steel 3 -Roll Stainless Steel
Notes:
...............
MEMEM
cxtinc.com
800.696.5766
CAT
I1:..: Caatiinued
60 OXT
„ Inc, an L.B. Foster Compare
Quote: B H /9/6/2024/F i rstch o ice
Job Name: Tukwila WA Denali 2 Section
Scope:
• Construct 6" gravel -based foundation to CXT spec for CXT Flush building.
• Includes plumbing and electrical utilities in gravel pad to CXT spec.
• Elevation benchmark must be marked on site prior to construction.
• Gravel based foundation constructed on current natural grade.
• Does not include any subgrade preparation.
• Includes utilities run out to 5' from pad.
• Utilities schedule 40 PVC for sewer and copper for water to CXT spec.
• Full install must be ordered.
• Does not include connecting main utilities to pad utilities.
• Includes 1 mobilization and demobilization.
• Change orders must be approved with 24 hours if necessary.
• Owner must have site ready prior to construction.
• CXT not responsible for incidental damage to surrounding landscape.
Sub Total
Tax
Total
Notes:
• Price does not include the following customer responsibilities.
• Owner responsible for survey.
• Owner responsible for geotechnical services.
• Owner responsible for all locates for building.
• Owner responsible for all permits.
• Does not include any retaining walls.
• Does not include any provisions for archeological occurrence.
• Main utilities to building must be marked and clearly identified.
• Main utilities must meet CXT specifications for CXT Flush building.
• Change orders must be approved within 24 business hours.
$30,650.00
$3,126.30
$33,776.30
3808 N. Sullivan Road, Building #7
Spokane, WA 99216
Phone: 509.921.8766 • Fax: 509.928.8270
Toll Free: 800.663.5789
Email: info@cxtinc.com • www.cxtinc.com