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
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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
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I Renton. WA 96058
p (425) 7669535
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BID SET OCTOBER 23, 2007
1 18625 SE 1649151
I Renton, WA 95056
I P (425) 766 -9535
F (625) 793427
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BID SET OCTOBER 23, 2007
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18825 SE 16419 St
Renton, WA 98058
P (425) 766 -9535
F (425) 793 -4276
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