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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 PRJQNGi-l:a�e-Gtl'tletl::t�li�f;7f'iees-ee-� fAclttee-Eieliver:y-uAe-haflEHifl9 el'lar:!:jcs. Pfi€es-are-Sttejca te-e�witflel:ff-�ee: l=ERM&-+e-ttHE-supportcd institutions oA&-tl=tese-witR �ltsRed-er:cdff:-��eays-ff'Offl-tRe--eate-�tRe ifweiee:--1:6%-f3et'-ffleAtA4Rer:ea#ef;-�e�cs-'ttl'e �teuAEi·-at:i�iee-te-tl'le-fA¥etee: T AXES!-l:aflElsea�Gtr:u€tt:tr:es!-ltst-1:ffiE:�ee-flet-fAek:fae �aele-taMeS-;-if.-aAy: 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 #301523