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HomeMy WebLinkAbout07-169 - Northwest Playground Equipment - Fort Dent Playground C -1 CITY OF TUKWILA CUU-niC Short Form Contract 19� J Contractor Name: Northwest Playground Equipment, Inc. Contract No. 7 r�I Address: P.O. Box 2410 Project No. 03- PK07- FTDENT -07 Issaquah, WA 98027 Budget Item: 301.00.594.760.62.71 Telephone: 425 313 -9161 Project Name: Fort Dent Playground Contractor's License NO. NORTHPE044DJ Contractor's State Tax No. Dept. of L &I Worker's Comp. Acct. No. UBI No. 601691557 Surety Agent: Lee Insurance Service Inc State Bid Contract 14803 Surety Address: 1141098 th Ave. Kirkland, WA 98033 Bond Registration No. Bond No. Completion Date 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, WA 98168, FAX 206- 767 -2341. Please make a copy for your records until a fully executed copy is returned to you. AGRE" NT This Agreement, made and entered into this day of g y &zu./.��l) 2 by and between the City of Tukwila, hereinafter called the City, and Northwest Playground Equipment, Inc, hereinafter called the Contractor. The City and the Contractor hereby agree as follows: Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Fort Dent Play Equipment, Project No. 03- PK07- FTDENT -07 including all changes to the work and account work, in accordance with the Supplemental General Requirements, Section 1 -04.2. 1. SCOPE OF WORK The Scope of work for this project is detailed in the attached Plans dated October 2, 2007 and Specifications dated October 23, 2007 for the Fort Dent Play Equipment and is summarized as follows: the scope of work shall include transport, delivery and provision of all materials, installation, equipment and labor for development of the Fort Dent Playground including but not limited to, clearing and grading; berm shaping, and installation drainage systems. All materials, labor and equipment required for development of the Fort Dent Playground shall be provided by Contractor. 2. TIME OF COMPLETION The scope of work shall be completed in all respects within one hundred eighty (180) calendar days from the date of the written notice to proceed. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work in the sum of $169,616.29 including Washington State sales tax. Agreement Form C-2 4. PAYMENTS The City shall make payments on account of the contract based upon the percentage of lump sum work completed, payment will be based on the cost percentage breakdown of the lump sum bid price(s) submitted at the preconstruction conference, less a 5% retainage of the progress payment amount until the project is accepted and final payment is processed 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 30 days after completion of the work, provided the contract is fully performed, accepted and all releases have been received from the Department of Revenue and Department of Labor Industries and settlement of any liens, whichever is later. 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 dated December 11, 2007, Bid Proposal dated November 20, 2007, as well as Plans dated October 2, 2007, and Specifications dated October 23, 2007. 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. 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 by the Contractor and paid for by the City. 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 and perform any repairs at the contractor's expense. 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. Fort Dent Play Equipment 12 -11 -07 NW Playgoumd, Inc. Agreement Form C -3 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) $1,000,000 automobile 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. 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. Fort Dent Play Equipment 12 -11 -07 NW Ptaygournd, Inc. Agreement Form C -4 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 rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the building 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. Fort Dent Play Equipment 12 -11 -07 NW Playgournd, Inc. Agreement Form C -5 IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA CONTRACTOR: Northwest Playground Equipment, Inc. By: 1 v t:v By: '-ej/'ti� CA." SIGNATURE SIGNATURE Printed Name: Steven M. Mullet Printed Name: 8 M` G 4 r' %P t o 1 Title: Mavor Title: Fr at'A Date: 4 7 Date: /,P- /1 o /0 7 ATTEST /AUTHENTICATED: i v'� Jan E. Cantu, C City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: Fort Dent Play Equipment 12 -11 -07 NW Playgoumd, Inc. CITY OFFICIALS Steve Mullet Mayor Bruce Fletcher Director Parks and Recreation Rick Still Deputy Director Parks and RecreationhProject Manager Robert Eaton Project Coordinator CITY OF TUKWILA PARKS &RECREATION KING COUNTY, WASHINGTON Fort Dent Playground Improvments 11de St 7, ✓f 152nd 3e uta., <„w w.1 v, 1c 9 w." R° grass m W 4 :::e ;�h SW 7W 0 52„.%5 y44 t s Z i ,E 5 1445 51 �n n .88tgnDSt S tYdh S 'co S tH11Yt• t i o a fiq N 3 Y S 16+^h L ,umd'a .^n• SW 4 VICINITY MAP SCALE' 1.1000 x ,18„ PRp4g'G' 7 -t I� G IM 9 Swt915A tom. 4a.,rw. a F 0 2 Sw 77. 9, 5 15.5 Sq i �n4ss m 1� DRAWING INDEX: SHEET 1 Cover SCIDemolition Plan SHEET 2 SHEET 3 •Grading I Drainage Plan LANDSCAPE ARCHITECT SLA Landscape Architecture, U-C ERIK J. SWEET, ASIA, RLA 18825 SE 164th St Renton, WA 98058 P (425) 766 -953 f (425) 793.427 t of 0 16825 SE 166th St I Renton. WA 96058 p (425) 7669535 F (425)793 6276 COVER SHEET Sete JO EY 199.1A Sc64 t Oleyn F GneK F' °w p9a9a• K Li 600 1 OF 3 BID SET OCTOBER 23, 2007 DEMO ERSE. SvnNO BOARDER PROTECT EMSTwG>ASN N I\ .0 CESPOSE OFF SEE X N ��I AREA, i \y f \N Ems.. CONTROL FENCE DO PLAN SCALEME =2,I'0 SURROUND CA1CR ,E MrNNON. wwEN TER (NORM OaMFIRMA t OR E0.1.1 MTh ENO SECWE O CATCH BASIN PROTECTION DT 10 SGPU G„ CATCH BASN.---/ pEMOLfTIO# TESG LEGEND CLEAR. LAOIS DEMO REMOVE VasMG CGCAETS ouiMfn OMIN ARO p5PO5E of SITE Er3 SwIP EA35-11. sof, FOR NEN 0.wv YEN 0 UTCN BASIN PO CVV6AN13 ag1ECF O PRO ECIEASnN4 TREES 0 EASB+OPATN to BE PROTECTED O PROTECT ENSnNO Onuiv,MERASTRUETOPE NOTES. CIOR xO CLEAN OUT NE ERNST. CATON VSNS TO REM. K1FR CONSTRUCTION MO PROTECI OJfOrFG 2 CO3OCTON PROCESS CDN- RACTON SOW-PROTECT ME EAST. CONCRETE COSMO NA.ORODRO PR. C F OWINGPOT.nc WEVER E.E FRO .CT APTORRON RECENMEU WATER ORE S PROTECT ERVING'MESSMER. O ANEW ENTNNCE 6 PROs w s OROR Z cocAfe Pwr+FrecFn az, uTA6eE SOUS f WNOON SRE MANG OEMOEMION PROTECT EXMOOR N DR•RtSTWEEEA u.3 FaCTRICN MRS Rut NOT UMITED 316. 9 S3OR 6OPAW ...MI. INE 8EN0V3710M MEA SILTATION FENCE N,n TD SCNE 1° x3. casosTEOVARDwPSTE ON 60724 SIDES OF FENCE TO CREATE A BEVEL SIEVE 2 f. Oc SNP, COVER BOTtOM OE 6' S 1RENCN MO ERE GREvEl. so ORDER EXTEND ENDBEYDM EXCESS SS OMITS pOf 2' WORMY AS ,K ,N TR TYPICAL cR0555ECnom 3 RENE WT COMPOST SLFOOTNAT EtO OF JOB AND rffOROSEED BID SET OCTOBER 23, 2007 1 18625 SE 1649151 I Renton, WA 95056 I P (425) 766 -9535 F (625) 793427 DEMOLITION PLAN 5(29 NTN I GMOL 1 L2 2 OF 3 1 l--- ASTAILLT PAN. CRUS/TEO ROCK BASE E STING MAMA. DADRA. CONE. TED To 55, t GRADING DRAINAGE PLAN L) SCALE 1 20'.0 ASPHALT PAVING DETAIL C PLAYGROUND CURB SCALA NOT PUT SuRFACIDG TOP P OF R RAY SURFAam: BELOW CUM T? RADIUS TYP VT BROOM FlNISN CONEACTEO SUBGRADE TO 05, i BETWEEN SURFACING GfuvET NYER BOW FlBAR SuRFACING C PLAYGROUND DRAIN ME SMALL CORRUGATED TIEy VY DUTY PrEVUENE TUBING iN CONCRETE PNN cure GRADING/DRAINAGE LEGEND COLLECTOR PIPE 4" LATERAL DRAIN PIPE EC 144 92/ END CAP INVERT ELEVATION IE 144 92 DRAIN PIPE INVERT ELEVATION S 0.33% SLOPE OF PIPE OR FINISH GRADE AREA DRAIN TC 146 TOP OF CURB ELEVATION SG 14600/ SUBGRADE ELEVATION FG 146.84/ FINISH GRADE ELEVATION DIRECTION OF SLOPE CONCRETE CURBING 0 PLAY AREA CROSS SECTION DAN STEM SEE RAN vieN cAu rro„ you T54 10•T :';55, BID SET OCTOBER 23, 2007 C.; A'T 1a nx 18825 SE 16419 St Renton, WA 98058 P (425) 766 -9535 F (425) 793 -4276 Dmwg GRADING PLAN L3 3 OF 3