HomeMy WebLinkAbout25-290 - Contract - Iron Horse, LLC - Emergency Sewer Repair: Outback SteakhouseCity of Tukwila Contract NLrnber 25-290
Council Approval N/A
6200 Southcenter Boulevarc, Tukwila WA 96188
CITY OF TUKWILA
Short Form Contract
\✓err or Name: Iron Horse LLC Project No.
Address: PO Box 1472
Fairview, Oregon 97024 Budget Item:
'Telephone: 503-674-0980 Project Name", Outback Sewer Repair
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, Public Works Department, 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 day of W , 20 by and
between the City of Tukwi�a,, hereinafter referred to as "City", qr�q
hereinater referred to as "Contractor."
SCOPE AND SCHEDULE OF SERVICES TO SE 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. TIME OF COMPLETION. The Contractor shall fully complete the Work within ten (10) working days
from the date of issuance of the Notice to Proceed.
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 B attached hereto and incorporated
herein by this reference The tectal amount to be paid shall not exceed $45.733 at a rate of NBA, 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 30 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_
CA re%is ea v3y 2020 Page 1
The intent of - - documents r include all labor.
therefore.kind necessary for the proper execution of work, and the terms and conditions of payment
The documents are to be considered as one, and whatever is called for by one of ,,
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements seti if documents 4 to report
all differences in measurements before • n to perform any wfhereunder.
i MATERIALS, APPLIANCES • EMPLOYEES
Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
wa�er power and other items necessacy to complete the work.
Liner shall be Saertex S+ 3mm. Laboratory testing of wall thickness under ASTM Test method D
5313 • D 3567.The minimum wall thickness at any
point shall notbe less than 87,5 percent of
the specified thickness._ r and flexural modulusof elasticity shall he determined in
accordance with ASTM D-790. All associated costs, inClUding but not limited to testing, sampling,
• analysis, shall be incorporated into this proposal
Unless otherwise specified. all material shall be new. • both workmanship and materials shall
be of rrr• quality.
Contractor aid subcontractors sW9ll be skilled in their tr9des.
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 tare 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 regullations 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 ,,vork, 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 afll times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accorc ngly, 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
wor� done by direct emplloyees of the Contractor.
14. OWNER'S 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 •r•• the c1cficiencies and may deduct the cost-• • payment or _
contractthe Contract or, at the City's option. may terminate the contract and take possession of all materials,
tools, ippliances and finish work by such means as the City sees fit, and if the unpaid balance of the
price exceeds the expense of • the work,excess shall be paid to the C r
withheldbut if such expense exceeds SLIch 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
on . of defective • not - -• -filed, damage by • • to others
not adjusted, or failure to make payments properly to the subcontractors.
:A reg sel May 2020 Fuge 2
described16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insuranct
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 provide*�
by such insurance, or otheRvise 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
. • ,
Automobile ,r i f .• single limit forbodily
property damage of $1,000 000 per accident- ALItOmobile liability insurance shall cover al -
owned, non -owned, h�red and leased vehicles. Coverage shall be written on InSUranct
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary. the policy be endorsed to provide contractual liabilityr - .re
Commercial_• - • $2,000,000 - occurrence,
$2,000,000
general aggregate and $2,000,000 prod • r - -r operations aggregate
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 comp�etecl operations, stop gap liabifity, 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 r- • is r property damage. The City shall be named as an additional insur-•
under• . rr's Commercial- • insurance policy with respectto the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insur-• r • -• Operations endorsement CG 2! 37 10 01 or •
endorsementsproviding • •• coverage.
3. Workers' Comensation coverage as required by the Industr4 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
Ccntract 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 in excess of the Contractor's insurance and shall not contribute
`vith it.
D. Acceptability of Insurers. Insurance is to be placed with inSHrers with a CHrrent 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, • • but not_ -• to the additional insured
endorsement. evidencing the insurance requirements of the Contractor before commencement of
the •
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 • • . •rs rhe Contractor shall- that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
CA May ;'d.p2C Page 3
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoln*_
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
Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance -Q
required shall constitute a material breach of contract, upon which the City may, after giving five
business -days n• - to the Contractor to correct the ♦ _immediately_- the contract
or, - • procure o - - - and pad 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 Contractor's 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
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.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing
wage and shall file the required "Statement of Intent to Pay Prevailing Wages" 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 arid the Contractor and supersedes
CA �evrseaz May 2,'20 Page 4
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.
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. APPLICABLE LAW; VENUEi 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.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
DATED this 27th day of October 2025.
CA revised May 2020 Page 5
CITY OF TUKWILA
FInmal Signed by:
�� _E ____ . . ......... .
ATTEST/AUTH ENTI CATE D'
Signed by:
.._,_,_,_,_,_.
Andy Youn-Barnett, City Clerk
Signed by:
of the Ciity Attorney
CONTRACTOR: Vv�
By:
Phnted Name: u
Tifle'. PAN -
'M
Address:
CA revised May 2J20 Page 6
QUOTE
MWESB # 10683 CCB 213253
PROJECT: Outback Lining
SALESPERSON AVAILABILITY SITE LOCATION: TERMS
Tukwila WA NEI 30 DAYS
ITEM
DESCRIPTION
UNIT PRICE
U.O.M
AMOUNT
10
MOBILIZATION
S5,000
LS
$5,000
2.00
BYPASS PUMPING
$4,600
LS
$4,500
3.00
TRAFFIC CONTROL,
$2000
LS
$2,000
4.00
LINE DAMAGED PIPE WITH UV CIPP
$30,000
LS
$30,000
HRS of work planned for 7pm to 7arn
would plan to do in 1 shift Could do the week of October 27th
we understand that most or all of the bottom of the pipe Is missing
bypass should be set up for initial video and assessment
W we deem that lining is not possible we would charge for the
MOBILIZATION and BYPASS $9,500
Plan Is to blow a String through to be able to Pull a rope through
If we can accomplish this we can pull in a glide foil/pre liner
and should be able to pull in a sucessfully installed liner
extensive cleaning is likely not possible, due to the deteriorated
pipe, there is a possibility of debris presenting itself under
the liner. We can confirm this onsite once we can get a camera
through. Onsife Inspection required to make these decisions
onsite without delay.
AX NOT INCLUDED IN TOTAL, PLEASE ADD ANY
PPLICABLE TAX IF NECESSARY I I
IS VALID FOR 90 DAYS SUBTOTAL $41,600
1Signed by, TAX RATE
Signed
h(W SALES TAX
...........
Signature of Acceptance TOTAL
Please note: Interest will be charged at 1.5% per month
THANK YOU FOR YOUR BUSINESSI
$41,000