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HomeMy WebLinkAboutContract CAG-18-173 SMALL WORKS CONTRACT AGREEMENT Using State Master Contract #04216 CAG-18- 173 'c((zrr1t / 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 $►� , gay. AP 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. $4;) PAGE 7 OF 8 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date above. CITY OF RENTON CONTRACTOR "4. ,j__ f•Zatr , .......) Denis Law, Mayor Lan scape t ctures, Inc. 1055 South Grady Way , Renton, Washing on 98057 q/0 /j/r7 sq — I - (5 Date Date Approved as to Legal Form Attest Shane Moloney d Jason th Renton City Attorney Rento City Cler 9).12 in '1. ta(i t Date Date Non-standard(383)CLB 05-16-18 \t\tttml1I1tosif/ `\\ // ' ,, � j , _ * _ SEAL * : le E. ' w '//t�"'FATED St• ,,,•` `�~ z. uiikm 0 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 P !s!, i r fottt Yam" / 41, • p3 O Gt-Lerdr e-5tr Fes' list-;.bees--de-nat yet ..an0L@ '. As earl :ierref-esr commitment include-deliveey and-ha ling-el=arrge9-Prie re sanest to our eEisteme'7, Larrdseape-Stpuet re5 ':.{il .,cs pt to oho wtfi eut-neSec: let, of-Aura+ strua es cy�:l r>ec. -prn9Flt TERMS: Te- rt-sepp el-iiketltet'ter±a-a:°; .eec with Pel he' l 9-days f449e-ertiral iFve:ae-dace estabti s._.a efe ,a.a 3o-days41,3+fi-tile_ezte--c the A. a rr ee.ttae is f9L'ezettry-c-2'rraure r0 F pc: iflveiee-? 56 ez�sth t}re, aft t. ,t o ,,cse eve Pa s-Frat ineluded a th:s- as pelieg�,esustem f�epal� d applrc Ee- a fires parts (Inetud:} �p.rreperfa peet�ires- 5!l as ujc e;e'am es-paft3 -2,04t-t eek fae-plus-eR--etue T •Landscape Struc ureeLlis priees-da-ncr include freight e',e cs-p.41-apKl,t, atl predvet-.7'ctu NST-E a lieable-ta::es,i#,,Fw A37 ports are JL{'_Jec't to inspectia.9-uper at{ifm Parts 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 pa 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 C2Cn9 UnCISCapl SWcturas ln_Pnntatl In tM U.S A A9 Ant reserved, a]6.5.203 11°.; 12 a art 1210149 1 _9 1 <�i� g 9^6 11 a9 Jiith!d e !¢!Jjjj W 11 .A., . _ � � ��it � �Pillm I�t X � i I g t H ILI S ,..00. V Q 11Iii 5 0.—. I Q NLd egg v, nn a d YY C U s , -E c fo / \/ '. eeefi t '11).;,2 co b ES 2eee� li 1 WI ' v. l'''''''''':']-7------Ir o ' v �a 5'�' ''i �/ is o. 1e III ' 'MII IBC 11. Rh °► 121 01 x ay (T It / m a OE dab r' IIII[ Q t a ma/r 3) ' s I w G d in, i I it ail 1 1 L , J ,if 1 l • z o1 IA zWu r V gib a OA— 5 2 C"qq qq qq