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HomeMy WebLinkAbout07-168 - Northwest Playground Equipment - Tukwila Spray Park City of Tukwila Ch n e Order: 1 p 3 y 3 G a 'ti 1 0 Project Account 301.00.594.760.62.66 Contract AG 07 -168 PROJECT: Spray Park Construction Project Change Order Date: 12424 42nd Avenue South Project Number: 06- PK02- SPRAYPK -07 Tukwila, WA 98168 Contract Date 12/13/2007 CONTRACTOR: Northwest Playground Equipment, Inc. Contract Start Date January 30, 2008. P.O. Box 2410 Phone: 425 313 -9161 Original Contract Substantial Completion Date JulyL2, 2008. Issaquah, Wa 98027 FAX: 425- 313 -9194 Amended Contract Substantial Completion Date age Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; and B. the rights of the "Owner" are not prejudiced; and C. All claims against the "Owner" which are incidental to or as a consequence The contract is changed as follows: Plus or (Minus) 1 Deduct sewer line connection to the City's sewer manhole to the north in the parking lot. (6.000.00) 2 Add valve system for an alternate sewer connection to Metro man hole and City's Storm water 10,028.00 man hole in the park. 3 Add brass clean out cover, sealer with traction grit, pipe new line layout, and light pole for sensor. 2,500.00 SUBTOTAL 6,528.00 TAX 580.99 TOTAL11 7,108.99 The original (Contract Sum) not including tax 192,143.75 Net change by previously authorized Change Orders The Contract Sum prior to this Change Order was 192,143.75 The Contract Sum will be Increased or Decreased in the amount of I S 6,528.00 The Contract Time will be Increased or Deer-eased by IThirty (30) Working Days The date of Substantial Completion as of the date of this Change Order therefore is August 21, 2008. The NEW Contract Sum is: 198,671.75 The NEW Contract tax is: 17,681.79 TOTAL CONTRACT with tax is: 216,353.54 We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all servi ACCEPTED: ARCHITECT CONTRACTOR CITY SLA Landscape Architecture Northwest Playground Equipment City of Tukwila 18825 SE 164th Street P.O. Box 2410 12424 42nd Ave South Renton, W Issaquah, WA 980 Tuk Ya, WA 9,868 BY: BY: BY: E`"'•� p Title: cet�c ,.P,2cKGcs'�` Title: r I'tc 4e ttl Ma DATE: r DATE: Zfif� DATE: I o.- Attach Work Change Directive, Change Order Request forms and shop drawings accordingly. CC: Finance Department; Owners Representative; Construction Architect; file. .3 Contractor Name: Northwest Playground Equipment, Inc. Address: P.O. Box 2410 Issaquah, WA 98027 Telephone: 425 313 -9161 Contractor's License NO. NORTHPE044DJ Dept. of L &I Worker's Comp. Acct. No. Surety Agent: Lee Insurance Service Inc Surety Address: 11410 98` Ave. Kirkland, WA 98033 CITY OF TUKWILA Short Form Contract G 141 Contract No. i& C) 7 6 Project No. 06- PK02- SPRAYPK -07 Budget Item: 301.00.594.760.62.66 Project Name: Spray Park Contractor's State Tax No. UBI No. 601691557 State Bid Contract 14803 Bond Registration No. Bond No. C -1 Pppf ov 0,0 b a 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. AGREEMENT This Agreement, made and entered into this 13 day of .P Al %S 200 7 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 Spray Park, Project No. 06- PK02- SPRAYPK -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 23, 2007, and Specifications dated October 23, 2007 for the Spray Park 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 Spray Park including but not limited to, clearing and grading; berm shaping, and installation of irrigation and drainage systems. All materials, labor and equipment required for development of the Spray Park at the Tukwila Community Center 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 $209,244.54 including Washington State sales tax. 1 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 December 2, 2007, as well as Plans dated October 23, 2007, and Specifications dated October 2, 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 materials 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. Spray Park 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) 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. Spray Park 12 -11-07 NW Playgournd, Inc. with endorsements namina 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. 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. Spray Park 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 By: ke ►\r`1 %A.Qc SIGNATURE Printed Name: Steven M. Mullet Title: Mayor Date: i /i.3 /07 ATTEST /AUTHENTICATED: a j e E. Cantu, CMG, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: Spray Park 12 -11 -07 NW Playgoumd, Inc. CONTRACTOR: Northwest Playground Equipment, Inc. By: SIGNATURE Printed Name: Title: P re-.5 (3 M Date: Id.. t o L o"7 PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. LC5505 We, Northwest Playground Equipment, Inc. and Contractors Bonding and Insurance Canopy (Principal) (Surety) a WA:State corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Tukwila, Washington "Owner in the penal sum of Two Hundred Nine Thousanl Two Tinndred Forty Inu.r' and 5!L /1 O(l Dollars 209.244.54 the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated info rte► 61-. 1 20 between Principal and Owner for a project entitled Spray Park. Contract No. 6" 07 -I(J "Contract The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and Indemnifies and holds Owner harmless from all claims, liabili ;ies, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Landscape Architect and other design professionals retained by Owner in connection with the Project. PROVIDED, however, that after the Final Acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this Performance Bond shall be reduced to the sum of Dollars (10% of Total Bid Price), to insure against all defects appearing or developing in the material provided or workmanship performed under this Contract within one year after Final Acceptance. The liability of Surety shall be limited to the penal sum of this Performance 3ond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20 BONDS S c is INSURANCE KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint ERIC SIRKIN, of Seattle, Washington, its true and lawful Attorney -in -Fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no Attorney -in -Fact shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Attorney -in -Fact shalt have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6,000,000; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on May 20, 2004: RESOLVED that the President of the Company is authorized to appoint any person as the Company's true and lawful Attorney -in -Fact with power and authority to execute and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shall be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney- in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000. Any Attorney -in -Fact authorized to execute a surety bond or undertaking may also be authorized to execute any consent or other documentation incidental to said bond or undertaking, provided such document does not obligate the Company in excess of the limit set forth above. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolution in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: Terry N. Thompson, Luther L. Hicks, William K. Barbour, Diana Hollingsworth, John T. Pieprzny, Mary Beth Kostyk, Rita A. Miller, Gregory P. Bruno, Dorothy Tarim, Michael J. McVey, Phyllis K. Jefferies, Will Finan, Wesley B. Hong, John D. Minto, Brian Schick, Eric Sirkin, Chris Rebum, Mark Noma, Wm. Blair Meixell, Julie A. Durldn, Yolanda Urrutia, Vickie Spence, Mike Castaneda and Maureen Saccio. Provided, however, that no such person shall have the authority to certify the authenticity of a resolution or Limited Power of Attorney document which serves to appoint themseff as Attorney -in -Fact RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Attorney -in -Fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 28th day of June, 2007. CONTRACTORS BONDING AND INSURANCE COMPANY 8y: Don Sirkin, President STATE OF WASHINGTON COUNTY OF KING Limited Power of Attorney On this 28th day of June, 2007, personally appeared DON SIRKIN, to me known to be the President of the corporation of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. WA,enQaQ',dcer' Notary Public in and for the State of Washington, residing at Seattle The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and effect GIVEN under my hand at this PoaDS01.15- US06282007 Home Office: 1213 Valley Street PO Box 9271 Seattle, WA 98109 -0271 (206) 628 -7200 ••1 xas000rrp��� O .0 '�p r? /�y.: +4 O•GO� r 0 to SEAL SY 4 I t that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power and on oath stated that he is authorized to execute the said Limited Power of Attorney. Seattle, WA 20th December 2007 day of 12/13/2007 02:17 14253139194 NWPLAVGROUND PAGE 03/03 If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance Bond shall automatically increase in a like amount, Any such increase shall not exceed twenty -five percent (25 of the original amount of the Performance Bond without the prior written consent of Surety. This Performance Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this '20th day of December 20 07. Northwest Playground Equipment, Inc. C tr cto o d- and Insurance Company Principal rety Signature of Authd Official Cigna re of Authorized Official B Eric Sirkin Title Attomey in Fact (Attact Power ofAttomey) Name and address of local office of 1213 vat i Pv g agent and/or Surety Company: segtti A WA 4RJ_0a Surety companies executing bonds must appear on the current Authorized insurance List in the State of Washington per Section 9-02.7 of the Standard Specifications $pray Park 12-11 -07 MW PIVAOLIMU, Inc.