Loading...
HomeMy WebLinkAbout10-035 - Northwest Playground Equipment - Codiga Park Picnic Shelter InstallationContractor/ Vendor Name: Address: Telephone: Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Parks and Recreation Department, 12424 42'"' Avenue South„ Tukwila, Washington 98168. Retain copy three for your records until a fully executed copy is returned to you. This Agreement, made and entered into this 24 day of February 2010, by and between the City of Tukwila, hereinafter called the City, and Northwest Playground Eauipment. Inc. hereinafter called the Contractor. The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK Install an owner provided, pre fabricated, picnic shelter at Codiga Park. The shelter is approximately 16ft. x 25ft. in size. Installation includes, delivering product to site from Parks Maintenance Shops, erecting the shelter, concrete work around shelter footings, and cleaning up site to existing condition when finished. It is the contractor's responsibility to get the shelter materials to the project site. 2. TIME OF COMPLETION The work shall be commenced by March 8. 2010 and be completed no later than March 26. 2010 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the sum of plus applicable Washington State sales tax. 4. PAYMENTS The City shall make payments on account of the contract at completion of project. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work. and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. Codiga Park Construction Project Shelter Installation CITY OF TUKWILA Short Form Contract Northwest Playground Equipment, Inc. Project No. PO Box 2410 Issaquah WA 98027 -0109 425- 313 -9161 AGREEMENT 10 -035 Council Approval N/A 99830106.3000 Budget Item: 301.00.594.760.65.50 Project Name: Codiga Park Construction $17.225.00 February 24, 2010 B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. F. Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: $50,000 property damage 500,000 public liability (each person) $1,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. Codiga Park Construction Project Shelter Installation -2- February 24, 2010 K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. Attorneys Fees and Costs In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and nebbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the area broom clean. P. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers. agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Q. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. R. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. S. Attachments Exhibit A Quote for Shelter Installation by Northwest Playground Equipment, Inc. Codiga Part. Construction Project Shelter Installation -3- February 24, 2010 IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA Bv: Printed Name:, j t 'IN v1, os f% Printed Name: 4>'a Title: (1-i/ r; Title: r� Date: 1 D Date: 3 -Z a'o ATTEST /AUT NTICATED: i�7v' City Cler APPROVED AS TO FORM: Office of the BY: Codiga Park Construction Project Shelter hrstalial ion ty Attorney -4- By: Signature February 24, 2010 Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027 -0109 Phone (425) 313 -9161 FAX (425) 313 -9194 Email: candicegnwplayground.com QUOTE Quote 4/28/09 -CD -2 To: Tukwila Parks Date: 4/2812009 Codiga Park Shelter Contact Name: Rick Still Phone: Email: Fax: Item Oty Description Price Total Price 1 EQUIPMENT INSTALLATION Equipment Subtotal Discount: Discount: Discount: Freight: Freight; Freight: Equipment Total (less tax) 1 Assembly Footings for Litchfield Shelter purchased in 2008. 17,225.00 Concrete pad not included. Drawing of shelter attached for Instailation Total 17,225.00 Tax: 9.5% 1,636.38 ORDER TOTAL: 18,881.38 All quotes are subject to material and fuel surcharges. Acceptance of Proposal: (Please be sure you have read, signed and understand the Terms and Conditions on Page 2 of this Quote) The items, prices and conditions listed herein are satisfactory and are hereby accepted. Candice DeShurley Sales Assistant Customer Signature Date A Thank you for considering Northwest Playground Equipment, Inc. for your Park, Playground, Shelter and Spoils Equipment requirements. PAGE 1 of 2 Revised 04101/2009 Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027-0109 Phone (425) 313 -9161 FAX (425) 313 -9194 Email: satesta3nwptayground.com Protect Name: Tukwila Parks Quote 4/28/09 -CD -2 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is valid for 30 days. Orders placed or requested for delivery after these dates are subject to price increases. it is the Buyer's responsibility to verify quantities and description of Items quoted, Once your order has bean placed, any changes including additions, deletions or color changes, will delay your shipment. EXCLUSIONS: Unless specified, this quote excludes all of the following: Site work and landscaping Removal of existing equipment Unloading; Receiving of inventory or equipment Storage of Equipment assembly and /or installation Safety surfacing Borders or drainage requirements Required permits Davis Bacon or Prevailing Wage fees FREIGHT AND DELIVERY: Shipping is FOB Origin Delivery is currently 5+ weeks after order submittal. Unless otherwise noted, all equipment is delivered unassembled. Buyer is responsible to meet and provide a minimum of 2 persons to unload truck A Check List, detailing all items shipped, will be mailed to you and a copy will be included with the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List Shortages or damages must be noted on the driver's delivery receipt. Shortages or damages not noted become the Buyer's financial responsibility. Damaged Freight must be refused. Please notify Northwest Playground Equipment immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconslgnment fee will be charged for any changes made to delivery address after order has been placed. MAINTENANCE/WARRANTY: Maintenance of the equipment and safety surfacing is the responsibility of the customer. Any unauthorized alterations or modifications to the equipment (including layout) will void your warranty. PAYMENT TERMS: 50% due at time of order with balance due on delivery, unless other credit terms have been approved. Interest may be charged on unpaid balances at an annual rate of 18 RESTOCKING: Items canceled, returned or refused will be subject to a minimum 25% restocking fee. All return freight charges are the responsibility of the Buyer. INSTALLATION: (if applicable) A private locate service for underground utilities must be completed before your scheduled installation. Site must be level and free of loose debris (this includes ground cover /chips). A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor. An onsite dumpster must be provided for disposal of packaging materials. Arrangements must be made in advance for the disposal of dirt/rocks from within the Installation area. Arrangements must be made in advance for the removal /disposal of existing equipment. Additional charges may apply if large rocks or concrete are found beneath the surface. Access to power and water must be available. Site supervision is quoted In 8 -hour days. Candice DeShurley Sales Assistant Acceptance of Terms Conditions The items, prices and conditions listed herein are satisfactory and are hereby accepted. Customer Signature Date Thank you for choosing Northwest Playground Equipment PAGE 2 of 2 Revised 04/01/2009 �r 16^1 j 12 36 Concrete Slab B G.C. 1fi-4' ©.A. Ref 1 g 6 u Clearanc Rooster Weathervan C Wall S�� (Both REVISION NOTe Rev False Window 1/11 Laser Cut Pattern `felt /screw to Mewl Panels) T EaVe tit i 0At' 1 -i Trrl g t' Shelter r 2005 t End Elevatl G �p jR iGi t 16' x 25 :1 i MDa ies N G� a DRAWt'l a OP: �r� o a` �a 2 IDA't 8'1& 0 MAT`S pESCRlQT10N�