HomeMy WebLinkAbout22-126 - McDonald & Sons Ventures, LLC - Foster Golf Links River PumpContractor/
Vendor Name:
Address:
T lephone:
City of Tukwila
6200 Southcenter ; culevard, Tukwlla WA 901
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Y. • F TUKWILA
Short Form Contract
Contract Number 22-126
Council Approval N/A
cDonald & Sons VentLLC Project No,
8124 61s1 Ave Ct. E
Puyallup, Wa. 98371
253-209-1473
Budget Item:
Project Name:
P1 se initial all attaching nts, then sign and return coph one and two to:
City of Tukwila), Parks R ati D rtment, 62 Southcenter loulevaf m. Tukwila,
Washington 188. Retain copy three for your ords until a fully ecuted copy ls returned
you.
AGREEMENT
This Agreement, made and entered into this 28th day of September 2022, by and between the City cif
Tukwila, hereinafter referred to as "City", and McDonald & Sons Ventures LIC,, hereinafter referred to
as "Contractor:
The City and the Contractor hereby agree as follows:
1. SCOPEAND SCHEDULE OFSERVICES TO EPERFOR E BYCONT TR. The Contracter
shall perform those services described on Exhibit A attached hereto and inc .rted herein by this
reference as if fully set forth. in performing such r:izrvices, the Contractor shall at all times comply with
all Federal, State, and llocai statutes, rules and ordinances applica 0 le 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. T E OF COMPLETION„ The work shalt be commenced on 10/3/22 and be completed no
later than 1/22 .
3. COMPENSATI AND MT 0 OF PAYMENT. The City shall pay the Contractor for service.
rendered according t t nd method set forth on Exhibit B attached hereto and incorporated
herein by this reference. The to a cent to be paid shall not exceed $39,000 , 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 s 1 :quest prior approval from the
City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make :yrinents on account of the contract at completion of the project.
6. ACCE ANCE AND FINAL PAYMENT. Final yment shall be due 10 days after completion of the
work, provided the contract is fully performed and accepted.
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7. CONT CT DOCUMENTS.
The contract includes this Agreement, Scope of Work and Payment Exhibit.
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Page 1
Th intent of the documents is to include all labor, materials, appliances and service. ofevery
kind necessary for the proper execution of work, and the terms and conditions of •yment
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 ell measurers 4i its set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
ATERIALS APPLIANCESAND 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 skilfr 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
try 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 PROPERTYANI PERSONS. The Contractor sh II 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 cbservaon of the work by the City
and its agents and pubic authorities at ail 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 ibr. in writing. Claims by the Contractor for extra
cost ust be made in writing before exeouting the work involved.
13, CORRECTION OF WORK. The Contractor shah 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 iriod of time, which warranties shall be assigned
by Contractor to City. The provisions of this artiste apply to work done by subcontractors as well as to
work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor negl t to execute the wok
properly, or fail to perform any provsion of the contract, the City, after seven days' written notice to
the contrector, 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 City's option, may terminate the contract and take possession of all materials,
tools, appliances and finish work by such means as the City szes 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 Cont .ctor shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Paymentsotherwise due may
be withheld on account of defectivework not remedied, liens filed, damaf e by the Contractor to others
not adjusted, or failure to make payments properly to the subcontractors.
16. NSU* NCE. The Contractorshall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to pe .ns or damage to property which may arise fr 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 require herein shall not be construed to limit the liability of the Contractor tot e coverage provided
y such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
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A. Minimum Sc e of in.surance. Contractor shall obtain insurance of the types and with the limits
described below
1. Automobile Liabili insurance with a ininturri combined single limit for bodily jury a
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 0001 or a Substitute form providing equivalent liability coverage.
If necessary, the iicy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,004 each ccurrence,
$2,000,000 general aggreo ::Le and $2,000,000 products -completed operations aggregate limit.
Commercial Git neral Liability insurance shall be as least at broad as 150 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 assure d 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 dame e. The City shall be named as an additional insured
under the Contractor's Commercial General Liability insurance policy with respect to the work
rfor ed for the City using 1S0 Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Ope bons endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
3. WorkersCo ipp_nsation coverag as requi d 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 minimumsshmin 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 rovisi n. The Contractor's Automobile Liability and Co ercial General
I lability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurr,nce, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
D. Accepta of insu
of not less than A: VII.
. Insure ce is to be placed with insurers with a current AM, Best rating
E. Verification of Coverage. Contractor shall furnish the City with originI 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.
F. Subcontractors, The Contractor shall cause each and every Subcontractor lo provide insurance
coverage that complies with all applicable requirements of the Contractor-pravid- insurance as
set forth herein, except the i tractor shall have sole responsibility fir determining the limits of
coverage requires o to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on eac and every Subcontractor's Commercial General liability
insurance policy uslnj an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed oper lions.
G. Notice of Cancellation. The Contractor shall provide the City nd 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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H. Failure to Mai tain Insurance. Faure on the part of the Contractor 10 maintain insurance as
required shall con i. ute a material breach of coatract, 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 expends 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 oonstruction a
performance bond at 100k1; of the amount of the contract and in a form acceptable to the City. In lieu
of bond for contracts loss 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 MI
necessary releases from the Department of Revenue and the Department of Labor and Industries
and settlement of any lions, whichever is later.
18. LIENS. The final' payrnent shall not be due until the Contractor h delivered to the City a complete
release of ail (kris 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 ind nifying the City against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in con -ction 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 k ep 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 shah defend, indemnify and hold the City, its officers, officials,
employees and volunteers har less 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, h 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 offic; rs, 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 indemnificalon. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
23. PREVAILI G WAGES. The Contractor shall pay all laborers, work en and mechanics the prevailing
wage and shafl flle the required "Statement of Intent to Pay Prevailing Wages" in conformanee with
RCW 39.12.040.
2 . 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 AG EEMENT° MODIFICATION. This Agreement, g er with chments or addenda,
presents the entire and integrated Agr ment between the City and the Contractor and supersedes
all prior negotiations, re*resentations, 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 unenforc -.hie or 11 ited in its application or effect, such event shall not affect any other
provisions hereof and ail other provisions shall rem 4n fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended i eurviv ; 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 "Irukw"I hell be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd„
Tukwila, Washingto 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
2 APPLICABLE W VE UE- ATT • RNEY'S FEES. This Agree ent shall be governed by and
trued in accordance with the laws of the State of Washington. In the 4' vent any suit, arbitration,
or other proceeding is instiluttd to enforce any term of this Agreement, the rties 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 WI-IER EOF, the partes hereto executed this Agreement the day and year first above written,
CITY OF TUKWILA
aVigaed via Caamlessaare rum
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BY: Key, fiS1,39:alp,IlaiII,PRP.-FIKOlvpla ea1,151,111
Signature
Printed 'erne: Man Ekberg. Mayor
10-03-2022
Date:
ATTEST/AUTHENTICATED:
aKagnecl via seamlassUacs.com
ery OgiaheAt9
Key: ladccgle.8 abee aa, 8214 t9390,3"
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
ce. sated
Office of the City Attorney
CA revi5ed
y2
Signature
Printed Name:
Title:
Date:
Page 5
EXHIBITS A & B
McDonald & Sons Ventures LLC
8124 61st Ave Ct. E
Puyallup, Washington 98371
Phone WI I (253)209-1473 Andrew (206) 775-9563 Fax (253)302-5490
Email; will@mcdonaldsonslIc.com andrewarncdonaldsanslic.com
DATE: 9/15/2022
QUOTE # FGL 9-22
BM To:
Foster Gaff Links
13500 Interurban Ave S
Tukwila, Washington 98168
Comments or Special Instructions:
Ship To: Same Address
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933200
5,000.00
125.00
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SUBTOTAL
TAX RATE
SALES TAX
SHIPPING & HANDLING
TOTAL
Make all checks payable to McDonald & Sons Ventures LLC
THANK YOU FOR YOUR BUSINESS!
11 I 1111 I
10.10%
ININ10000000000000000000 'IP
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