HomeMy WebLinkAboutContractCONTRACT AGREEMENT
Using State Master Contract #04216
1.Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Exhibit "A."
2.Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3.Time of Performance: Contractor shall commence performance of the Agreement no later
than 60 calendar days after the Agreement's Effective Date or as provided in the Notice to
Proceed. The Notice to Proceed may be delayed or Agreement terminated per paragraph
4 below due to permitting issues or if the City fails to obtain necessary permits. Notice to
Proceed will not issue until all permits are issued.
4.Term of Agreement/Termination: The Term of this Agreement shall end at completion of
the Scope of Services, no later than 180 days from the Effective Date. This Agreement may
be extended to accomplish change orders, if required, upon mutual written agreement of
Renton and Contractor.
Termination:
CAG-22-242----
THIS AGREEMENT(" Agreement") is made as of the 20th day of July, 2022 (the "Effective Date") by and between the City of Renton, a non-charter code city under RCW 35A and a municipal
corporation under the laws of the State of Washington ("Renton"), and AIIPlay Systems, LLC,
("Contractor"), who are collectively referred to as the "Parties", to supply recreational equipment
at Renton Senior Activity Center, located at 211 Burnett Avenue North; Renton, WA 98057. Renton
and Contractor agree as set forth below.
WHEREAS, the City has entered into the State Master Contracts Usage Agreement (MCUA)
#21725 authorizing the use of State Contracts; and,
WHEREAS, through competitive bid process Washington State Department of Enterprise
Services (DES) awarded Contract #04216 that provide for Parks & Recreation Equipment and
Related Services {NASPO) including removal and installation services; and
WHEREAS Contractor is a listed and participating Contractor for Contract #04216.
A.The City reserves the right to terminate this Agreement at any time, with
orwithout cause by giving ten (10) calendar days' notice to the Contractor in
writing.
B.In the event this Agreement is terminated by the City, the Contractor shall be
entitled to payment for all hours worked to the effective date of termination,
less all payments previously made. If the Agreement is terminated by the City
after partial performance of Work for which the agreed compensation is a fixed
fee, the City shall pay the Contractor an equitable share of the fixed fee. This
provision shall not prevent the Cityfrom seeking any legal remedies it may have
for the violation or nonperformance of any of the provisions of this Agreement
or from withholding payment for reasonably disputedcharges. No payment shall
be made by the City for any expenses incurred or work done following the
effective date of termination unless authorized in advance in writing by the City.
5.Agreement Sum: The total amount of this Agreement is the sum of $9,126.00 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6.Consideration: In exchange for Contractor's performa nee of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
7.Method of Payment: Payment by Renton for the Services will only be made after the
Services have been performed and a voucher or invoice is submitted in a form acceptable
to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton
Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly}.
The remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. Renton shall have the right to withhold payment to
Contractor for any work not completed in a satisfactory manner until such time as
Contractor modifies such work so that the same is satisfactory.
A.Prevailing Wage Rates:
Contractor must comply with the State of Washington prevailing wage rate
requirements. Contractor must file an Intent to Pay Prevailing Wage at the beginning
of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries.
The State of Washington prevailing wage rates applicable for this project, which is
located in King County, may be found at the following website addresses of the
Department of Labor and Industries:e
PAGI: 2 OF 8
8.
htto://www.lni.wa.gov/Tradeslicensing/PrevWage/default.asp
http://www.lni .wa .gov /Tradeslicensing/PrevWage/WageRates/ default.asp
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates
paid for the duration of this contract shall be the date the contract is executed as
reflected in the "Effective Date" identified at the top of the first page of this
Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for this
project. Alternatively, the rates may be viewed at the City of Renton City Hall by making
an appointment with the contact person identified herein or prior to contact person
identified as the City of Renton contact in Paragraph 15 Notices of this agreement.
B.N/A for agreements over $150,000
C.N/ A for Agreements under $150,000
D.For limited Public Works Contracts under $35,000
For limited public works projects, the City may choose to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material persons, suppliers, and taxes imposed under Title 82 RCW that may be due
from the contractor for the limited public works project, however The City shall have
the right of recovery against the contractor for any payments made on the
contractor's behalf.
Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor's own employees, agents and
volunteers, or damage to property caused by Contractor's negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, {Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate ... ) 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
PAGE30F8
9.
contractor and Renton, its officers, officials, employees and volunteers, Contractor's
liability shall be only to the extent of Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
Insurance: Contractor shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B.Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
C.Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D.It is agreed that on Contractor's commercial general liability policy, the City of Renton
will be named as an Additional Insured on a non-contributory primary basis. Renton's
insurance policies shall not be a source for payment of any Contractor liability.
E.Subject to Renton's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
F.Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A.Contractor, and Contractor's agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
quaiification in relationship to hiring and employment, in employment or application
PAGE4DF8
11.
12.
13.
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
B.The Contractor will take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or menta I
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C.If Contractor fails to comply with any of this Agreement's non-discrimination
provisions, Renton shall have the right, at its option, to cancel the Agreement in whole
or in part.
D.Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor's relation to
Renton shall be at all times as an independent contractor. Any and all Workman's
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries,
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
PAGE5DF8
14.Public Records Compliance. To the full extent the City determines necessary to compiy
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence, notes,
saved telephone messages, recordings, photos, or drawings and provide them to the City
for production. In the event Contractor believes said records need to be protected from
disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor shall
indemnify, defend, and hold harmless the City for all costs, including attorneys' fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
15.Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf of
Renton and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this Agreement on behalf of Renton or Contractor. Any notices
required to be given by the Parties shall be delivered at the addresses set forth below. Any
notices may be delivered personally to the addressee of the notice or may be deposited in
the United States mail, postage prepaid, to the address set forth below. Any notice so
posted in the United States mail shall be deemed received three (3) calendar days after
the date of mailing. This Agreement shall be administered by and any notices should be
sent to the undersigned individuals or their designees.
CITY OF RENTON
Alan J. Wyatt, RLA, ASLA, LEED-AP
Capital Projects Manager
1055 South Grady Way
Renton, WA 98057
Phone: (206) 276-8833
awyatt@rentonwa.gov
Contractor
Jeff Hansen
PO Box 1886
Sequim, WA 98382
Phone: {425) 766-7822
jeff@allplaysystems.com
B.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton's prior express written consent.
D.Compliance with Laws. Contractor and all of the Contractor's employees shall perform
the services in accordance with all applicable federal, state, county and city laws, codes
PAGE 6oF8
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
E.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
F.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
I.Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
J.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
0
PAGE70F8
CITY OF RENTON
B y: __________ _ Kelly Beymer Parks and Recreation
Administrator
1055 South Grady Way
Renton, WA 98057
Date
Approved as to Legal Form
By:-----------
Shane Moloney
Renton City Attorney
Contract Template Updated 11/26/2019
Non-standard clb 4/11/22 1976
PAGE80F8
CONTRACTOR
By:� A�
Allplay Systems, LLC
PO Box 1886
Sequim, WA 98382
Date
---=-Erica Schmitz on behalf of Kelly Beymer
7/20/2022
(approved via email from Cheryl Beyer on 4/29/2022)
AllPlay Systems, LLC P.O. Box 1886 Sequim, WA 98382 _,..,... --.--,... ----,
·_ .jij · -Toll Free� �;:;3 1.4;8-;---·, •iti!...< Fax: 888.655.6412
fPP ay Email: Jeff@allplaysystems.com
Project: Renton Parks · Senior Center Table Tennis-Corn Hole Boards
Date: 4/5/2022
1BiffT�-
j c1i/;;Tienton·---· ·-
11055 S Grady Way,
! Renton, WA 98057
; Contact: Alan Wyatt
Phone: 206-276-8833
1 Email: awyatt@i:��tonwa.gov
�, l
l
I !
I
!Contact:
1Phone:
I Email:
Quotation
Jeff Hansen (425)766-7822
Quote valid until: 5/5/2022
This quote and purchase will be administered in accordance with the terms of NASPO ValuePoint Master Agreement #6479, executed 12/1/2016. The customer is responsible for final quantity count and unloading of freight at site,
unless otherwise specified. All freight damage or missing items must be reported within two business days.
\_,. -Additional Info:
~�-r----·--·---·�·1 _________ ..;,..._ __ --j-7·'------"-'i-·------1
--------�r----··!--•--, l---·--..
Accepted By:
Date:
·-'------1c..--.l ----�', --·--·-
Subtotal
T ax10.1%
Total
$8,288.83
$837.17
$9,126.00
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