HomeMy WebLinkAboutContractCAG-22-110
AGREEMENT WITH LANDSCAPE STRUCTURES, INC
FOR PLAYGROUND REPAIR AT LIBERTY PARK
Using State Master Contract #04216
1.
2.
THIS AGREEMENT ("Agreement") is made as of the__ day of April, 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 Landscape Structures, Inc. ("Contractor''), who are collectively referred to as the "Parties", to supply playground equipment and safety surfacing, including demolishing existing equipment and safety surfacing, designing layout within existing playground area, installation of playground equipment and poured-in-place safety surfacing, including compacted gravel base, cleanup, site restoration and debris removal at Liberty Park, located at 1101 Bronson Way N; 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.
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."
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 t-N than-6ftcalendar days after the Agreement's Effective Date. \' \�D 4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope ofServices, no later thardays from the Effective Date. This Agreement may be extendedto accomplish change rders, if required, upon mutual written agreement of Renton andContractor. (i) I fD
18th
5.Agreement Sum: The total amount of this Agreement is the sum of $70,387.37 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 performance 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:
_http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
_http://www. In i. wa .gov /Tradeslicensi ng/PrevWage/WageRates/ def au It.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 wit 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.For Agreements over $150,000:
PAGE20F9
Pursuant to RCW 60.28 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.
C.For Agreements under $150,000
Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide either a Performance and Payment (Contract)
Bond on the City approved form upon execution of the Agreement or waive the
payment and performance bond and 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 _"I
�"____a.._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.
D.For limited Public Works Contracts under $35,000
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.
PAGE30F9
E.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.
F.Final Acceptance. Final Acceptance of the Project occurs when the Parks Planning
and Natural Resources Director has determined that the Project is one hundred
percent (100%) complete and has been constructed in accordance with the Plans
and Specifications.
G.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 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
contractor and Renton, its officers, officials, employees and volunteers, Contractor's
liability shall be only to the extent of Contractor's negligence.
PAGE40F9
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:
10.
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.
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
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
PAGE50F9
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, 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.
11._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.
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 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).
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,
PAGE60F9
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
Cailfn Hunsaker
Parks and Trails Director
1055 South Grady Way
Renton,WA 98057
Phone: (425) 757-3007
chunsaker@rentonwa.gov
PLAVCREATION, INC
Chris Donahue
2104 SW 152nd St. Suite #1
Burien, WA 98166
Phone: (253) 691-6847
chris@playcreation.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.
0.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
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
PAGE70F9
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. Contractor
hereby expressly consents to the personal and exclusive jurisdiction and venue of such
court even if Contractor is a foreign corporation not registered with the State of
Washington.
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.
PAGE80F9
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON
By: __________ _
Armondo Pavone
Mayor
1055 South Grady Way
Renton, WA 98057
Date
Attest
Jason Seth
Renton City Clerk
Approved as to Legal Form
By: (approved via email by Cheryl Beyer on 4/14/2022)
Shane Moloney
Renton City Attorney
Non-standard clb 4/5/22 383 2022 Liberty Repairs
PAGE90F9
LANDSCAPE STRUCTURES, INC
s¥=JJ�/;L�Mis Lin
Landscape Structures, Inc.
601 7th Street South
Delano, MN 55328
Date
04/18/2022
EXHIBIT "A" ]..__.._,__
Liberty Park -We Go Round Replacement
Quote/ Worksheet# 2203-11194 1a�e +\PLAYj\_CREATIONJsfructurer
To: Owner: City of Renton Parks and Recreation
Alan Wyatt I Capital Projects Manager City of Renton
1055 S. Grady Way.
Renton, WA 98057 1055 S Grady Way I 6th Floor I Renton, WA 98057
425.430.6571 I AWyatt@rentonwa.gov
Project Location:
Liberty Park
1101 Bronson Way N,
Renton, WA 98057
Quanmy Drawing I Model#
1 249558A
1 install
340 square feet
Ship To:
R and R Construction
18228 273rd Ave E.
Carbonado, WA 98323
We-Go-Round HOG w/Custom DigiFuse Panels 2 Seats DB Only, manufactured by
Landscape Structures (equipment)
Removal, Disposal of damaged equipment and Poured in Place Surfacing.
Installation of We Go Round and Poured in Place Surfacing (installation)
PlayBound Poured-in-Place by Surface America, 4" system, 8' fall rating, 50/50
color/black speckled mix, aliphatic binder (material)
Value Point / NASPO Purchasing Contract
/' Issue Purchase Order to: ' r -....,Send Purchase Order for prooossing to: Landscape Structures, Inc. PlayCreation, Inc. attention: Misty Link attention: Chris Donahue
601 -7th Street South J1;h 2104 SW 152nd Street, ste 1
Delano, MN 55328-0198 Burien, WA 98166
mlstylink@playlsi.com landscape Chris@PlayCreation.com st ructurer\.. 763.972.5591 ,/ 206.932.6636
APPROVAL _________________ _
signature date POii
per unit
s 12.47
Freight
Project Total
TaK10.1"
Total
Quote based on current pricing / Pricing valid thru 4/14/2022 / 50% Deposit Due upon Order Entry
Total
$ 35,420.00
$ 22,844.80
$ 4,239.80
$ (2,125.20)
$ 3,551.00
$ 63,930.40
$ 6,456.97
$ 70,387.37
Play365 Quote
Date: 02/17/2022
By: Play365
Rep Organization: PlayCreation, Inc.
Contact Person: Conner Mullan
Project Title: Liberty Park -We-Go-Round
Additional Items
QTY NO. DESCRIPTION
Quote No: 1162312-01-01
Location: Renton, Washington
UNIT TOTAL
WEIGHT PRICE WEIGHT PRICE
___ ____. ________________ ...__i!!!) -�lU S_S,;__:..)_�-�bL,_.__.a-(2_02_,2)
Freestanding Play
Custom
1 CP009646 Upcharge Custom DigiFuse® We-Go
Round Art (Approval Req'd)
0.0 1,970.00
Motion & More Fun
for (4 ) DigiFuse® ready panels of standard
We-Go-Round™ Artwork on inside and
outside of panel, *Panels Only*
1 249558A We-Go-Round™ w/Custom Artwork
Digifuse Panels And 2 Seats Direct Bury
2107.0 33,450.00
SUMMARY CONCRETE FOOTINGS LABOR WEIGHT
(cu-ft) (count) (man-hours) (lb)
Additional Items 0.0 1 26.0 2,�91.9
ALL PHASES Freestanding Play 0.0 1 26.0 2,107.0
Total Q;9 1 ?-9,:Q 2,107.0
•Estimated man-hours do not include hours for custom product installation or site preparation.
PRICE
(2022)
��,4�:_f:)9
35,420.00
35,420.00
•This quote is valid for 60 days. Pt:tFehase-eFeef5'51:1emiMe&wifft-Etft'eMJMFee-�EHe--&Fe-51:1ejeeHe-ttfiee-ehaflges-:
Ett�-ffetgAt--ftt:te�-at=e-YaU�39:--�t=ee-et1�-ffetgM�etes--&Fe-51:1ejea-flt eRaRges.
•Manufacturing time for this project will be 4 weeks from the time of LSl's order acceptance.
SigAed Date
Page 1 of 1
Terms of Sale
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WEIGHTS: Weights arc approximate and may vary.
DELIVERY: If delivery of the equipment is by common
carrier, and there is damage or a shortage, notify the
carrier at once and sign delivery documents provided
by the carrier noting the damage or shortage. Most
products arc delivered on large pallets and will require
a forklift or similar equipment to unload as a unit on
the site.
INSTALLATION: All playstructurcs and/or equipment
arc delivered unassembled and packaged with recyclable
materials. For a list of factory-certified installers in
your area, please contact your Landscape Structures
playground consultant.
SERVICE: We have knowledgeable, qualified playground
consultants throughout the world who arc 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
ASTM and CPSC standards as well. In addition, we have
a full staff of CPSl-ccrtificd designers, along with 2D and
3D drawing capabilities and custom capabilities to assist
you with your playground plans.
RETURN POLICY: As an indication of our commitment
to our customers, Landscape Structures will accept
returns of new structures and/or new equipment
purchased within 60 days of the original invoice date.
Advance notification is necessary to ensure proper
credit. Parts not included in this return policy arc
custom parts (including PlayShapcr posts), as well
as used or damaged parts. A 20% restock fee plus all
return freight charges will apply to all product returns.
NOTE: All parts arc subject to inspection upon return.
Parts returned damaged may not receive a full credit.
For this reason, it is important that all returned parts
arc properly packaged to prevent damage while in
transit. Please contact your Landscape Structures
playground consultant for the shipping address.
PRODUCT CHANGES: Because of our commitment to
safety, innovation, and value, we reserve the right to
change specifications at any time.
PLEASE CONTACT US AT:
Landscape Structures Inc.
601 7th St. South
Delano, MN 55328-8605
888.438.6574 (inside the U.S.A.)
763.972.5200 (outside the U.S.A.)
playlsi.com
601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com
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