HomeMy WebLinkAboutContract CAG-18-173
SMALL WORKS CONTRACT AGREEMENT
Using State Master Contract #04216
CAG-18- 173
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THIS AGREEMENT ("Agreement") is made as of the day of fit, 2018, (the "Effective
Date") by and between the City of Renton, a Washington State municipal corporation ("City"),
through its Community Services Department, Parks Planning & Natural Resources Division and
Landscape Structures, Inc. ("Contractor"), who are collectively referred to as the "Parties", to
Tiffany Park Playground Equipment Replacement, 1902 Lake Youngs Way SE; Renton, WA 98058.
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 provides 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.
The City and Contractor agree as set forth below:
1. Scope of Work: Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment "A" and Attachment "B."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Scope of Work 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 or Amendment signed by the
Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than 30 calendar days after the Agreement's Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, no later than 90 calendar days from the Effective Date. This Agreement may be
extended to accomplish change orders,if required, upon mutual written agreement of The
City and Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of One hundred fifteen
thousand, two hundred twenty-one dollars and forty-four cents, $4-15,221.44 which
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includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Work.
6. Consideration: In exchange for Contractor's performance of the items and responsibilities
identified in the Scope of Work,the City agrees to make payment of the amount identified
as the Agreement Sum.
7. Method of Payment/ Retainage/Bonding: Payment by the City for the Work will only be
made after the Work has been performed and a voucher or invoice is submitted in a form
acceptable to the City.
A. For Agreements over$150,000:
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide a Performance and Payment (Contract) Bond
on the City approved form upon execution of the Agreement. Payment of the initial
95%will be made in the next pay cycle of the City 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.
B. For Agreements under$150,000
Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide a either a Performance and Payment
(Contract) Bond on the City approved form upon execution of the Agreement or
waive the payment and performance bond or instead the City will retain 10%.
Payment of the initial 95% will be made in the next pay cycle of the City 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. (Unless the contractor waives the payment and
performance bond below and opts for a 10% retainage below.)
Contractor must pick one—if contractor does not pick one then 5%with contract
bond is required:
To provide a payment and performance bond (contract bond) in the
amount of 100%of the estimate including taxes with a 5% retainage.
or
To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10%will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
C. For limited Public Works Contracts under$35,000
0
PAGE 2 OF 8
For limited public works projects, the City chooses 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.
D. The City 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.
E. Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete
and has been constructed in accordance with the Plans and Specifications.
F. Payment in the Event of Termination. In the event this Contract is terminated by
the either party,the Contractor shall not be entitled to receive any further amounts
due under this Contract until the work specified in the Scope of Work is
satisfactorily completed,as scheduled, up to the date of termination. At such time,
if the unpaid balance of the amount to be paid under the Contract exceeds the
expense incurred by the City in finishing the work, and all damages sustained by
the City or which may be sustained by the City or which may be sustained by the
reason of such refusal, neglect, failure or discontinuance of Contractor performing
the work, such excess shall be paid by the City to the Contractor. If the City's
expense and damages exceed the unpaid balance, Contractor and his surety shall
be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all reasonable legal expenses
and costs incurred by the City to protect the rights and interests of the City under
the Contract.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless the City, 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 the City
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
PAGE 3oF8
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
contractor and the City, 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.
9. 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
the City 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. The City's insurance policies shall not be a source for payment of any
Contractor liability.
E. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before executing the work of
this Agreement.
F. Contractor shall provide the City 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 Work 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
PAGE 4 of 8
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
Work or any other benefits under this Agreement, or procurement of materials or
supplies.
B. The Contractor will take affirmative action to insure 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
mental 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, the City 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.
11. Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of the City and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor's relation
to the City 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 Work provided to be rendered under this
Agreement, shall be the solely Contractor's obligation and responsibility.
12. 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.
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work 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
PAGE 5 of 8
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Compliance. To the full extent the City determines necessary to comply
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 the City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City 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.
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 Work in accordance with all applicable federal, state, county and city
laws, codes and ordinances. A copy of this language must be made a part of any
contractor or subcontractor agreement.
PAGE 60F8
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 The City 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.
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PAGE 7 OF 8
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date above.
CITY OF RENTON CONTRACTOR
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Denis Law, Mayor Lan scape t ctures, Inc.
1055 South Grady Way ,
Renton, Washing on 98057
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Date Date
Approved as to Legal Form Attest
Shane Moloney d Jason th
Renton City Attorney Rento City Cler
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Date Date
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PAGE 8 of 8
ATTACHMENT A
Tiffany Park I Design 2
\tLAYACREATIOr1g1landscape
structures
Estimate#1806-10055-2 Playground
Consultant
BILL TO: APPROVAL SIGNATURE
City of Renton Community Services Department
Parks Planning&Natural Resources
1055 South Grady Way
Renton,WA 98057 signature
PROJECT LOCATION/SHIP TO: print name
Tiffany Park I
1902 Lake Youngs Way SE L I Design Option 2
Renton,WA 98058 date PO#
Date Lead Time
Quoted by
August 6,2018 14 to 21 Days Chris Donahue 253.691.6847
Quantity Model# Description Unit Price Total
1 Tiffany 2 Landscape Structures Equipment per attached $ 64,550.00
1 install Installation of LSI equipment $ 22,592.50
1 freight Freight and Delivery of LSI Equipment $ 3,860.26
54 yards' [surfacing] Woodcarpet,Engineered Wood Fiber Playground Safety
Surfacing,ASTM F2075-10a compliant $25.75 $ 1,390.50
54 yards' [surfacing] Installation of EWF $13.45 $ 726.30
1 freight [surfacing] Freight for EWF $ 689.00
1 demo [site prep] remove and dispose of existing equipment $ 3,841.00
1 demo [site prep] remove and dispose of existing surfacing $ 6,610.20
1 restore [site work] Miscellaneous site restoration and clean up $ 487.00
NASPO $ (2,175.26)
Issue Purchase Order to: •Send Purchase Order for Processing to: Sub Total $ 102,571.50
Landscape Structures,Inc. PlayCreation,Inc.
attention:Misty Link attention:Chris Donahue
601-7th Street South 2104 SW 152nd Street,ste 1
Delano,MN 55328-0198 Burien,WA 98166 Tax(10%) $ 10,257.15
mistylink@playlsi.com landscape chris@playcreation.com
stnrctures 206.932.5778 fax
TOTAL $ 112,828.65
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WEIGHTS:a:Weights are approximate and may vary. ^ mErgee eie not eessr' t4 dit- -this
1 ELIVE y:Ir delivery of the equipment is by common r son,it{ t-e;F;•eadF d parts,r`a pe x
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carrier, and there is damage or a shortage, notify the �p c c�tarna'�r i fl£3n51E
carrier at once and sign delivery documents provided r u`e ea I e 5-to
by the carrier noting the damage_ or shortage. Flost • i } '"`= value de -te
products arc delivered on large pallets antiwill require ° i "- s .- ims-
a forklift or similar aquipment to unload as a unit on pt.€ ,Sfi CONTACT VS AT:
the site. Landscape Structures Inc.
1 T .- Tsi All--playatraetur-es-ansVe; equipment
501 7th St.South
e elire ;, Prt,�f ucket:fa i t;th mey a Delano,hihl 55320 8605
rstetennel,-Fer--a-ii`.rc-ei=u y% installers ia 883'438'657. (inside the ti-SA)
w:ar are;:-,,leas= __, ur 763.972 5200(outside the USA.)
t9 a2PgPeu�seartian. playlsi.corn
G'tRP'.c:E:We{lave knowledgeable,qualified playground
consultants throughout the world who are available to
help you before, during and after the sale. Landscape
Structures has exclusive design software that features
all of our parts and pieces in pull-down menus. With
this software,your playground consultant can design a
playground layout that meets not only your needs,but v/
ASTti and CPSC standards as wall.In addition,we have
a full staff of NPSl-cer'ilfied designers,along with 2D andlandscape
3D drawing capabilities and custom capabilities to assiststructures'
you with your playground plans.
601 7th Street South• Delano,hhN 55a28-8605•888.433.6574 763.972.5200 • Fax 763.972.3185 playlsi.com
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