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SMALL W�RKS C(�NTRA�T AGREEMENT
Using State Master Contract #04216
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THIS AGREEMENT ("Agreement"} is made as of the ���� day of September, 2018, (the
"Effective Date") by and between the City of Rentan, a Washington State municipa) corporation
("City"),through its Community Services Department,Parks Planning&Naturai Resources Division
and All Play Systems, LLC., ("Contractor"j, who are collectively referred to as the "Parties", to
Teasdale Park Playground Equipment Replacement, South 23`�Street; Renton,WA 98055.
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 Washi�gton Siate 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 Cantract#04216.
The City and Contracto�agree as set fortfi below;
1. Scaae of Work: Contractor will provide a!I material and labor necessary to perform all
work described in the Scope of Wafk which is attached and fully incorparated into this
Agreement by reference as Attachment"A."
2. Chan�es in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Scope of Wark consisting of additions, deletions or modifications, the
Agreemen# Sum being adjusted acco�dingly by Parties mutual agreement. Such thanges
in the work shall be authorized by written Change Order or Amendment signed by the
Parties.
3. Time of Perforrnance: Contractor sha)I commence performance of the Agreement na later
than Thirty(30)calendar days after the Ag�eement's Effective �ate.
4. Term af A�reement:The Term of this Agreement shall end at completion of tF�e Scope of
Work, no later than Ninety (9Q) calendar days from the Effective Date. This Agreement
may be extended to accomplish change orders, if required, upan mutual written
agreement of The City and Contractor.
5. A�reement Sum: The tatal amount af this Agreement is the sum of One Hundred Fifty-
two Thousand,Two Nundred Eighty-two Dollars and Sixty-nine Cents($152,282.69)which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amaunt based on changes to the Scope of Work.
6. Consideration: in exchange for Contracto�'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 Pavmentl Retaina�el Bandin�: Payment by the City for the Work will only be
made after the Wark 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 withheid
and that the Cantractor will provide a Performance and Payment (Contract) Bond
on the City approved form upon executian 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 vouche� or invoice (pay cycles a�e bi-weekly). The remaining 5% will be
retained for the purpose of completion af the project and fulfillment af claims and
liens.
B. For Agreements under$150,4�
Pursuant to RCW 6p.26 and 39.08 the City requires a S �o Retainage be withheld
and that the Contractor will p�ovide a either a Performance and Payment
(Contract} Bond on the City approved form upon execution of the Agreement or
waive the payment and pei-formance bond or instead the City will retain 1Q%.
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. (Uniess the contractar waives the payment and
perfarrnance bond below and opts for a 10%retainage below.)
Contractor must pick one—if contractor does not pick one then 596 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 S%retainage.
or
To waive a payment and performance band(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 CoMracts under$35,000
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For limited pubiic 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 labarers, mechanics,subcontracto�s,
material persans,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 contractar's behaif.
D. The City shal! have the right ta 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. Fina) Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent(100%j complete
and has been constructed in accardance with the Plans and Specifications.
F. Payment in the Event of Termination. In the event this Contract is terminated by
the ei#her party,the Contractor shall not be entitled to receive any further amounts
due under this Contract un#il the work specified in the Scope of Work is
satisfactorily completed,as scheduled,up ta 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 aff damages sustained by
the City o�which may be sustained by the City or which may be sustained by the
reason of such refusal,neglect,failure o�discontinuance of Contractor performing
the work, such excess shall be paid by #he City to the Contractor. If the City's
expense and damages exceed the unpaid balance, Contractar and his surety shall
be jointly and severally liable therefore to the City and shali pay such difference to
the City. Such expense and damages shali include a11 reasonable legal expenses
and costs incurred by the City to protect the rights and interests o#the City under
the Contract.
8. Hold Harmless: Contractor shall indemnify,defend and hold harmiess the City,its elected
officials, afficers, 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 a�d litigation costs,arising from injury or death to persons,
including inju�ies, sickness, disease or death of Contractor's awn employees, agents a�d
volunteers, or damage to property caused by Contractors negligen# act or omission,
except for those acts caused by or resulting from a negligent act or omissian by the City
and its officers,agents,employees and volunteers.
Should a court of competent jurisdiction dete�mine that this agreemen#is subject to RCW
4.24.115, (Validity of agreement to indemnify against liabitity for negligence �elative to
construction,alteration,improvement,etc.,of structure or improvement attached to real
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estate...}then, in the event of liability for damages arising out of bodity 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 voluntee�s, Contractoe's
liability shall be only to the e�ent 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 lnsurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negatiated and agreed to this waiver. The provisions of this sectian shall survive the
expi�ation or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts af$1,000,000 for
each accurrenceJ$2,000,000 aggregate for the Term of this Agreement.
B. Professional liability insurance, in the minimum amount of $1,000,000 far each
occurrence, shall alsa be secured for any profess+onal services being provided to
the City that are excluded in the commercial general liability insurance.
C. Warkers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington,shall also be secured.
D. It is agreed that on Cantractor's commercial general liability policy, the City of
Renton will be named as an Additional insured on a non-cantributory primary
basis. The City's insurance policies shall nat be a saurce 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 pravide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
10. Discriminatian Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Contractor agrees as follows:
A. Contractar, and Contractor's agents, empfoyees, 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, nationaiity, creed,
marital status, sexual orientation or p�eference, age (except minimum age and
retirement provisians), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona
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fide occupational qualification in relationship to hiring and employment, in
employment or appfication for employment,the administration of the delivery af
Work or any other benefits under this Agreement,or procurement of materials or
supplies.
B. The Cont�actor will take affirmative action to insure that applicants are employed
and that employees are treated during emplayment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental handicaps, ar marital status. Such action shall include, but not be limited
to the follawing employment, upgrading, demotion or transfe�, recruitment or
recruitment advertising, layoff or termination, rates of pay or ather fo�ms of
compensation and selection for training.
C. If Contractor fails ta 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 complia�ce 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.
il. Inder�endent Contractor: Contractor's employees, while engaged in the performance of
any of Cont�actor's Work under this Agreement, shall be considered employees of the
Contracto� 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. Contrartor's relation
to the City shall be at a!1 times as an independent cantractor. Any and all Workman's
Campensation Act claims on behalf of Contractor employees,and any and all claims made
by a third-party as a consequence af 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 �esponsibility.
12. Prevailin�Wa�e Rates: Contractor must camply with the State of Washington prevailing
wage requirements. Contractar must file an lntent To Pay P�evaiting Woge at the
beginning of the p�oject and an Affidavit af Wages Paid at the end of the project with the
Washington State Department o# Labor and Industries,
http:/jwwul.Ini.wa.�ovlTradesl.icensin�lPrevVlla�eldefault.as_p.
13. Record Keepin� and Reportin�: 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 capies af
any records related to this Ag�eement as required by the City to audit expenditures and
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charges and/or ta comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Comaliance. 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 ali records in its possession, including, but not limited to, e-maii, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production.In the event Contractor believes said reco�ds need to be pratected
from disclosure, it shall,at Contractor's awn expense, seek judicial protection. Contractor
shali indemnify,defend,and hald harmless the City for all costs, including attorneys'fees,
attendant to any claim ar litigation related to a Public Records Act request for which
Cont�actor has responsive records and for which Contractor has withheld reco�ds or
informatian contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and a{I records responsive to the Public
Records Act request in a timely manner,unless those recards are protected by caurt order.
15. Other Provisions:
A. Administ�ation and Notices. Each individua) 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 add�esses 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 no#ice so posted in the United States
mail shall be deemed received three (3j calendar days after the date of mailing.
This Agteement shall be administered by and any notices should be sent to the
undersigned individuals ar their designees.
B. Amendment and Modification. This Agreement may be amended only by an
instrument in writing,duly execu#ed by both Parties.
C. Assignment and Subcontract. Contractor shall not assign or subcontract any
portian of this Agreement without the City of Renton's prior express written
consent.
D. Compliance with Laws. Contractor and all af 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 af any
contrattor or subcontractor ag�eement.
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PA�e 6 oF 8
E. Conflicts. In the event of any inconsistencies between contractor proposals and
this contract,the terms af 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. loint Drafting Effort. This Agreement shall be cansidered 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. Jurisdidion and Venue. Any lawsuit or legai action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants sha11 be brought in the
King County Superior Caurt for the State of Washingtan at the Maleng Regional
Justice Center in Kent, King Cou�ty,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 cantains the entire agreement af the
Parties and any representations or understandings, whether oral ar written, not
incorporated are excluded.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any�ights 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 ane else.
L. Waivers. All waivers shall be in writing and signed by the waiving party. Either
part�s failure to enforce any provision of this Agreement shall no#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.
IN 1NtTNESS WHEREOF, the Parties have valuntarily entered into this Agreement as of Effective
Date above.
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CITY OF RENTON CONTRAC?OR
---..__
Denis Law, Mayor Je a en �
1055 South Grady Way ! Play Systems, LIC.
Renton,Washington 98057 P.fJ. Box 1886
Sequim,WA 98382
� � / � � �' /o -zz.c���
Date Date
Approved as to Legal Farm Attest
.�G�i�/�1L.� � '� i �j,''
1.
Shane Moloney lason Set
Renton City Attorney Renton C y Clerk
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EXHIBIT A
AllPlay Systems, LLC }
P.O. Box 1886 Q,uOl.at��n
Sequim,WA 98382
Totlfree: 888.531.4881 Jeff Hansen
Fax: 888.655.6412 {425)766•7822
OUf ay Emait: jeffC�atlptaysystems.com
Project: City of Renton -Teasdate Park
Date: 8/27/2018
Bill To: Ship To: _
City of Re�ton {Teasdale Park '
1055 S Grady Way ;601 S 23rd St '
Renton,WA, 98057 ;Renton,WA, 98055
',Contact: Alan Wyatt Contact: Mike Rogers
'Phone: 425-430-6571 ' ;Phone: 253-350-7449
Email: awyattC�rentonwa.gov 'EmaiL• mikerogersrrconC�yahoo.com
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, '
Vendor Item Description - Model Qty Unit Price Total Price
�Playcraft �Custom 2 to 5 age structure PRt�R50DAA4BA � �� 1' $32,561.85� 532,561.85�
;Playcraft iRevotution Hybrid 5 to 12 age structure, R5M649D6A 1 $37,106.82= $37,106.82�
;Ptaycraft iPC2476 Spin Max Tower 1 $4,450.00, $4,450.00�
Ptaycraft !PC2181-8, 8'single post swing 1 51,221.00' $1,221.00;.
%Playcraft 'PC2192-1 Swing Arm Attachmen[with full bucket seat 1 $74o.30 $740.30
iNA5P0 'NASPO Washington State Cont�act Discount(12�) 1' -$9,t29.60' -59,129.60;
'Playcraft ;Materiat Cost inuease Surcharge 1 52,282.40 $2,282.40'
Playcraft iFreight to site 1 51,600.00 $1,600.00'
Zeager Brc 18d cubic yards o#EWF with Btow-in Service i' $14,230.Q0' $14,230.00i.
'��R 8 R �Demo and Disposal of existing EWF and ptay equipment � ; 1� 517,780.00; 517,78Q.00;
R&R i lnstatlation of Play equipment ' 1 $24,640.00 $24,640.00
a � _
'R&R Unload freight, provide and spread fabric,dispose pkg } t $4,580.00, $4,580.00;
National '320 feet of construction fencing w delivery&pick up t $935.00 $935.001
Caltis Ins Performance Bond ` 1' $4,290.00' S4,290.00;
Ptaycraft i2 to 5 age appropriate sign HDPE AZ-1302 ` 1 $654.00' $654.00�
!Playcraft 5 to 12 age appropria[e sign HOPE A2-1303 1 $654.00 $654.00'.
!NASPO iNASPO Washington State Con[rac[Discount(12%) 1` -$156.96' -$156.96
€
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Additional Info:
Subtotat $138,438.81
Tax10.0� $13,843.88
Total $152,282.69
Sincerely,
Jeff Hansen Accepted By:
(425)76b-7822
jeffC�allplaysystems.com Date:
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