HomeMy WebLinkAbout26-030 - Contract - Economy Fence Center - Fence Installation: Foster Golf LinksCity of Tukwila
6200 Soiuthcenter Boulevard, Tukwi'la WA 98188
15010 11k9 1X6 � I
Contract Number: 26-030
Council Approval N/A
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 i0ion4!2,6mce CeA' hereinafter
referred to as "the Contractor," whose principal office is located at
ic V�s Wav Aik� llfg,- WA 9 VA 7:5
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:
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 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 W , 1(PO� A0 at a rate of I .
3. 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.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
I /(a ', 2026, and ending 20,&,, 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,
except for injuries and damages caused by the sole negligence of the Public Entity.
CA Revised May 2020 Page 1 of 4
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 424.115,
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 IRCW, solely forthe 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 contractualliability coverage.
2. Commercial General LiabilitV 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 Excessor 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
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.
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 officeof the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits andInsl2ections. 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. Assignment 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 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.
CA Revised May 2020 Yage 3 of 4
Notices to theContraictor shall be sent to the address provided by the Contractor upon the
signature line below.
16., AWlicable 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 i's instituted 'to enforce any term of t,hiis 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 f ees and costs of suit.
DATED this 6th day of January 2026.
CITY OF TL KWILA
(�gcaiR4a9Signed by:
-C
Thomas McLeod, Mayor
I
Signedb by:
Andy Youn-Barnett, City Clerk
SSigned
i db'
Office of the City Attorney
Signed by:
B�y:
Title. controller
Address: 11 71D9 Cynis Way
MUnt0iY,-VV"82M . ...............
CA Revised May 2020 Page 4 oIf 4
A Division of l=ance Systems NW, I17�0.
ECONOFC912DU
Faster Golf Links
IN
N 13500 Interurban Ave S
F,
It Tukwvilla.
Multiple Locations
Serving All of Western Washington
NO RTHEND 'ASTSIDE SOLITHEND
117Q9 Cyrus , W y 7760 185f1r Aae NE 3304 S. 30k1 5t
GNulklltea, WA 98275 Redrncrad, WA 98052 Tacurna, WA 98409
1 MAYlRIGr AD11AF.%9
WA 98168
NIONEfl:s, 2-016-31677718 IwPulAln_ ryan.roseveara@tukwilawa.gov
91-1I 3 -RAIL MONTAGE MAJESTIC CLASSIC & SLACK VINYL CHAIN LINK
Notes:
GHI 3 -RAIL OPT4A,MENTAL STEEL FENCE & GATES: (AMERISTAR
RESIDsENTLAL)
Install proelded Ornamental Steel fence product previously purchased as
foil ng;
Install per ghen layout, 1,360'x 5'hi 3 -Rall Montage Classic Ornamental
Steel fence.
Install (2) 29 x 9hd Double. Stang Gates, one on either encs of front of
building.
Instil (1) 8" x 6hi Double Swing Gate near the maintenance building at the
South end of property near the sand containment area.
Post: 2"sq x 16Ga
Pickets: 112"sq x 18Ga
Rail: 1" x 1-14'
Install 180'x Uhl Black Vinyl Chain link fence along the North end of parking
lot.
NOT INCLUDED.
Building permit (If required)
Engineering (If required)
Privet Locates
E LL,SIONS: Clearing, grading & grubbing offence lines; Removal of
existing plantsAegetation & spo"slslD rt; Landscaping; Privacy Slats.
10/3012025 , c W d ie p� nel, ll u wiit su is alar
LID DATE:alrl
Main Office; 866-257-0,020
Fax: 425-347-1357
Website: econornytence.cem
l u°s 1wrio 110 rt: NIA
vG�G �s�en Kurt Niels1-1 1en (206) 384-7295
j
t] Ryan Rosevear
Ea
13500 Interurban Ave S
Tukwilla, Wa 98168
CONTACT.Ryen.R4sevear .... ._...
G' HI —RAIL. MONTAGE MAJESTIC
ORNAMENTAL STEEL FENCE & GATES
6' HI BLACK VINYL CHAIN LINK FENCE
THIS AGREEMENT BETWEEN OWNER AND CONTRACTOR ISA BINDING CONTRACT FOR THE WORT( LISTED ON BOTH SIDES OFTHIS PAGE (CWTH4Q). OWNER MAKES THE FOLLOWING MATERIAL REPRESENTATIONS
TO CONTRACTOR, WHICH CONTRACTOR IS, RELYING ON IN ENTERING THIS CONTRACT 1, OWNER HAS READ AND IS BOUND BY THE CONTRACT TERMS ON THE RE'ERSEi SIDE OF THIS PAGE, 2, THE "JOB SITE" IS THE
PROPERTY W1IERETIE WORKWILL BE PERFORMED. OWNER IS THE PROPERTY'S LEGAL OWNER ORA IE OWNER'S LEGAL AGENT AND THE PROPERTY IS NOT OWNED 9Y'A GOVERNMENT AGENCY, UNLESS EXPRESSLY
STATED HERE, PROPERTY OWNERS NAME: PROPERTY OWNERS ADDRESS:
3�ALL IIANDWRITTEN NOTATIONS ON TME FACE OF TI IIS CONTRACT WERE INSCRIBED AND EXPLAINED TO OWNER'S SATISFACTION BEFORE SIGNING, 4, OWNER AUTHORIZES CONTRACTOR TO PERFORM THE WORD
AND WILL PROMPTLY PAY CONTRACTOR THE "TOTAL" PRICE, INCLUDING WSST AND ANY TRANSACTION FEE, PLUS WORK FOR EKCLUDED ITEMS. 6, THE TOTAL PRICE DOES NOT INCLUDE EXCLUDED ITEMS LISTED
IN THE CONTRACT TERMS.. OWNER WILL PAY CONTRACTOR FOR ALL WORK RELATED TO EXCLUDED ITEMS AT A RATE OF 00 PER WORKER PER HOUR PLUS MATERIALS, SUPPLIES, AND SUBCONTRACTORS, W1 11011
WILL EACH INCLUDE 40% GROSS MARGIN, B, OWNER HAS RECEIVED AND READ THE NOTICE TO CUSTOMER ON THE REVERSE SIDE OF THIS PAGE.
Subtotal -",,, $ 75100.00 You, the buyer, may cancel this transaction at any time prior to midnight of the
Tax ...... --1 .....,,,,' $ 7660.20 third business day after" the date of this transaction. See notice of cancellation
Grand Total ...... -......... 82760.20 form provided to you with a copy of this agreement for an explanation of this right.
Dowrt Payment .......__.... $
OWNER REPRESENTS AND WARRANTS THE FOREGOING} STATE 11FN�fS RE' TRUE AND IN STRUCTS CONTRACTOR TU PROCEEDWITH
0UE ............. 82760.20 'I k
WCIRM ACCOIITJING TO EONIRAC.TDR`S SCHEDULE,•�" � �-
VISA/WAC PAYMENTS SUBJECT" w Customer Gate
TO tole TRANSACTION FEE. ECONOMY FENCE CENTER IS NOT RESPONSIBLE FOR BROKEN SPRINKLER LINES.
CONTRACT TERMS
1. Bid and Price: Owner may deliver a signed original of this Contract
to Contractor within 30 days of the Bid bate, provided Contractor will net be
bound if Owner makes any written changes to the form. Contractor may revoke
its offer any time before Owner accepts, amend the price if more than 30 days
have passed, or terminate if Owner fails to promptly pay the required deposit.
2. Boundaries and Utilities: Owner must accurately mark the ground
where the (once is to be placed. Owner represents the marked locations do not
encroach or trespass on any other person's property. Owner represents it has
the consent of any adjacent property owner to perform the work to the extent
the work may occasion any incidental entry onto any adjacent property. Owner
must clearly and accurately mark all underground utilities and irrigation lines
and warrants there are no unmarked utilities or irrigation lines in any place
where work will be performed. Any labor„ material or other work due to
unmarked or mismarked boundaries or utilities or irrigation lines is an Excluded
Item.
3. Excluded Items. The price and contract work do not include any of
the following, all of which are "Excluded Items" unless expressly included on the
first page: clearing vegetation, tree and stump removal, preparing the grade,
sprinkler repair, utilities identification or repair, permit fees, resetting posts due
to improperly marked property or fence lines. addressing neighbor complaints,
replacing or repairing work damaged by others, and all other work not normally
incidental to installing a fence. Owner will pay Contractor for all work it performs
related to Excluded Items on a time and material basis unless a fixed sum is
agreed in writing before the work is performed,
4. Changes in the Work: Owner may request changes to the scope of
work orally or in writing. If Owner is not prepared for Contractor to begin work
when Contractor arrives, or Owner otherwise directly or indirectly causes delay
or interruption to Contractor's work, such delay will be deemed an Owner
initiated change request. Owner will pay for all work performed under a change
request at the Excluded Items rates, unless Owner and Contractor agree to a
fixed price in writing before the work is performed.
5. Permits/Locates: Owner is solely responsible to obtain and pay for
any permits required for the work and to ensure all: utilities have been property
marked as required by law.
6. Payment: Owner will pay one-half of the agreed price upon signing
the Contract. The Contract is not binding on Contractor until the deposit is paid.
Owner will pay the balance promptly on completion of the work. The final billing
will be based on the actual footage of fencing built and the work performed.
Beginning the 11"' day after Contractor completes the work, Owner will pay
interest of 1.5% per month on all unpaid sums until paid in full,
7. Warranty: Contractor warrants all work will be performed in a
commercially reasonable manner and will be free from defects in material and
workmanship at the lime the work is completed. THIS WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES OTHERWISE PROVIDED BY LAWS. THIS
WARRANTY IS NON -TRANSFERABLE,
B. Hold Harmless: Owner must defend, indemnify and hold Contractor
harmless from any loss or claim arising out of Owner's broach of any
representation or duty under this contract, including without limitation claims of
encroachment, damage to underground utilities, irrigation systems or other
facilities or objects or any other claims arising from this Contract.
9, Time and Conditions to Filing Claims: Owner may make a claim
against Contractor related to this Contract, if at all, within three years after the
work is complete or final payment is made whichever is sooner, regardless of
when any alleged breach is discovered„ As a condition precedent to filing a
lawsuit relating to this Contract, not less than sixty days before filing the lawsuit,
Owner must notify Contractor in writing of the exact nature of the claim, slating
the exact breach and identifying a reasonable remedy with detailed photos and
supporting documentation. Any claim that is not timely filed or is filed without the
notice required by this section, is waived and must be immediately dismissed'
with prejudice.
10, Attorney Fees: In any litigation arising from this Contract, the
substantially prevailing party must be awarded its reasonable attorney's fees,
costs and litigation expenses related to the litigation, including lien fees and
attorney fees incurred prior to filing. The substantially prevailing party will be the
party in whose favor a net monetary judgment is ordered, after all offsets,
credits and counterclaims have been fully adjudicated. This clause supersedes
all Washington statutes, case law and court rules dealing with awards of costs
or attorney's rees and must be strictly applied
This contractor is registered with the state of
'WVashington, registration no. ECONOFC9112DU, and
has posted with the state a bond or deposit of
$12,000 for the purpose of satisfying claims against
the contractor for breach of contract including
negligent or improper work in the conduct of the
contractor's business. The expiration date of this
contractor's registration is 3/31/2020 unless
renewed,
THIS BOND OR DEPOST MIGHT NOT BE
SUFFICIENT TO COVER A CLAIM THAT MIGHT
ARISE FROM THE WORK DONNE UNDER YOUR
CONTRACT, This bond or deposit is not for your
exclusive use because it covers all work performed
by this contractor. The bond or deposit is intended
to pay valid claims up to $12,QJd that you and other
customers, suppliers, subcontractors, or taxing
authorities may have.
FOR GREATER PROTECTION YOU MAY
WITHHOLD A PERCENTAGE OF YOUR
CONTRACT, You may withhold a contractually
defined percentage of your construction contract as
retainage for a stated period of time to provide
protection to you and help insure that your project
will be completed as required by your contract.
YOUR PROPERTY MAY BE LIENED. If a supplier
of materials used in your construction project or an
employee or subcontractor is not paid, your property
may be liened to force payment and you could pay
twice for the same work.
FOR ADDITIONAL PROTECTION, YOU MAY
REQUEST' THE CONTRACTOR TO PROVIDE
YOU WITH ORIGINAL "LIEN RELEASE"
DOCUMENTS FROM EACH SUPPLIER OR
SUBCONTRACTOR ON YOUR PROJECT. The
contractor is required to provide you with further
information about lien release documents if you
request it. General information is also available
from the state Department of Labor and Industries.
I have received a copy of this disclosure statement