HomeMy WebLinkAbout21-147 - Northwest Playground Equipment, Inc - Tukwila Park Gazebo ReplacementCity of Tukwila
6200 Southcenter 0ouevrd kwa WA 98188
CONTRACT FOR SERVICES
Cont. ber 21-147
Council Approval 10/4/21
This Agreement is entered into by and between the City of Tukwila Washngton, a non -charter
optional municipal code city hereinafter referred to as the City," and it. Olt tt, t
jag, hereinafter referred to as the Contractor," whose principal office
located at
PO Box2,41QLissagyah,_VklA81P27
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services, and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows,
The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth, In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith, The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
4:4 *
2. Cgmoen ation and Method of Payment. 'The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference, The total amount to be paid shall not exceed _p.p.00g.
3. Qontractor 8kidg;1. "The Contractor shall apply the funds received under this Agreement within the
maximum. limits set forth in this Agreement, The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way
4. LhAratipn of Agreement. This Agreement shall be in full force and effect for a period commencin
2021, and ending u„ , 2021, unless sooner terminated under the provisions
hereinafter specified, ;Lei
**
Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement, Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
# # I t,
The Contractor shall defend, indemnify, and hold the Public Entity, its officers
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity
Rev 444;ed Ma> ?fl
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Should 'a court of competent jiirisOiction determine that trusi Agreernent is subject to. ROW 4.2,1, 115.
then. in the c'vent of liabiiity for damages arising out of nortiliy injuryn persorisurCainages to. property
caused by or resulting from the concurrent negligence of hi -Kir Contractor anitii. tttie Public Entity its
ofticfars officials employees, ii,3nd vliinteers the Contractor's liability hereunder $hall be ay to the
extent of the Contractor's negligence. lt is further specifically and expressly understood that th
indemnification provided herein coristitiites the iti1britractrir's waiver of imrinunity under industrial
Insurance, Title 51 ROW, solely tur thepurposes of ttiiis incleimnification. Tfiris waiver has been mutually
negotiated by the parties. The provisions of this section &roll survive tile expiration or teenMalian of
this Agreement
lnsurancp, 'The Contractor shall procure and maintain for the duration of the Agreemenl. insurance
against claims for injuries to persons or darriritge to property which may arise from or in connection with
the performarice of the work hereunder by the Contractor, their agents. representatives, empfoyE,,,Eis or
subc,ontractors. Critractors maintenance of insurance. its scope of over and limits as required
herein: shall not be construed to limit the liability of the Corgractor to the coverage provided by such
insui ance. or otherwise limit trle City's recourse to any remedy avairable at law or in equity..
Minirnom Scope of Insurance Corner snail obtan insurance of the types and with the limits
described below;
1 with a rrunirriurn combinedsingPe lint for bodily injury and
)roperty iiamage of $1,000..000 per accident. AiitOrnobile liability insurance shall cover all
owned, non owned hired and leased vehicles. Coverage snag be written on Insurance Services
Office (ilSO) form CA 00 01 or a substitute formproviding equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Comrnercial General Liability insurance witri limits no less than $2.000,000 each occurrence,
2,000,000 general aggregate and $2.000,000 products-completeci operations aggregate
lirrat Commercial General Liability insurance snail be as least at broad as 100 occurrence
form CG 00 01 and shall cover liability arising from premise,s, operations, independent
contractors, proctucts-cornpleted operationsstop gap liability, personal injury and advertising
injury, and liabilityassumed under an insured contract. The Commercial General Liability
insurance sti all be endorsed to provide a per project general aggregate limit using ISO form.:
CG 25 03 05 09 or an equivalent endorsement. "There shall be ft') exclusion for liability
arising from expiosion„ collapse or coiner ground property damage. 'the City shall be named
as an additiorial insured under the Contractor's Commercial Gerieral Liability inSUrance policy
with respect to the, work perforitea for the City using 100 Adddtronad dnsured endorsement 00
20 10 "10 01 and Additional insured-Cornpeed Operations endorsement 00 20 II? 10 01 or
siibstitute endorsements providing at least as broadcoverage
e j1§.(0.omp?;!2§pttorLcoverage as required by the hrlustrru 1 iso. a 'ice laws ot the State of
Washington.
B. Public Entity Full Availability of Contractor Limits 1 the Contractor maintains higher insurance
limits than the rninirriums shown above, the Public Entity' shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits: maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to theiii, Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. 'The Contractor's Automobile Liabiiity and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that. they snail be primary
insurance withrespect to the City. Any insurance,. self-insurance. or insurance pool coverage
maintained by the Citiy shall be excess of the Contractor's insurance, and shall not contribute with
D. Acceptability of Insurers insurance is to be placed with insurers with a current A M Best rating
A Pt .A 7::07At h3.1!,:: 7 el
8,
of not le,ss than A VIl.
E Verification of Coverage. Contractor shag furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work, Upon request by the City, the Contractor'. shae furnish r;ertifted copies of all required
insurance.. policies, including endorsements, required in this Agreement and evidence of all
subcontractorscoverage.
Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with ail applicable requirements of the Contractor -provided insurance as.
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required' to be obtained by Subcontractors. The Contractor shall ensure that the Pub
Entity is an additional insured on each and every Subcontractor's Commercial General liability.
insurance policy using an endorsement as least as broad as iSO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations,.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of therr receipt of such
notice..
H Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole' discretion
of the City, offset against funds due the Contractor from the City.
1 H1
A. the Contractor shall maintain accounts and records, inch„..iding personnel, property„ financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement,
6 These records shall be maintained for a period of seven (1) years after termination hereof unless
permissionto destroy them is granted by the office of the archivist in accordance with RCW Chapter
40..14 and by the City,
9. Audits and insuection2. The records and documents with respect to all matters covered by this
Agreement shall be subject at ail times to inspection„ review or audit by law during the performance of
this Agreement.
10. Terminaton. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same Failure to provide prod icts on
schedule may result in contract termination If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. t u *. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status„ political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies,
12. . The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City,
i3 i'4. 4 is This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral No amendment or modification of this
Agreement shall be of any force or effect unless it is in writing and signed by the parties,
A Rcvv;ed }lag WI'
14. Seyg.r. Ilf terrn. ci.onditiodi or provision of this Agreernent is declau'Ad vold or
unenforceable or limited in its application or effEqt. such event shall not affect any other provisions
hereof and ail °Idler provisionsJd rernain fully eriforpieabi(i..!. provisQns or this Agreement. wriscri,
by thii,Air sensr.„,,i and context are reirascArlably intended tr.), survive. the cornpletion or cartioeTh3tion
of this Agreerne..nt, shall survive terrrimation• of this Agreerne•ut
15„ Notices to the (Vity of Tukwila shali he iii;ent to ttle following address
City Clerk tyet
(3200 Southcenter E3lvd
Tukwila. Washington 98180
Notices to the Contractor shall be sent tip the address provided by the Cliontractoi upon the
signature line below
16. • A This Agreernent shall be governed: by and construed in
accordance with thelaws of the State c Washingtc.m. In the event any suit, rb trition c» other
proceeding is instituted to enforce any terrri of thus Agreiefnent. the3rtie.s specifically understand and
agree that venue shall be properly laid In King 0';ounty. Washington lfhe prevailing party in any such
action shall he entitled to its attorneys fees Einci co.i..3.ts of suit
DATED this...__610.__day of October
CH Y OF
C4(/-a.eht etg
Ain Ekberg, Mayor 10/06/2021
-S/ALfl
C941ettaheitery
Key: 9,50,1a,,,,,,30,407,5d.,,,e1,10a,
City Clerk. Christy OlFITaIII(IIIrty
APPROVED AS 10FORM•
eSignet via SeamlessLocs.com
oe.
Office of the City Attorney
By
20 21_
Ok
,41
Printed Narne and Title:
Address._
(310-6 00(10 iirtA4
Northwest Playground Equipment, Inc.
PO Box 2910, Issaquah, WA 98027-0109
11111111111111111111 Ile 0
ar rei Phone (425)313-9161 FAX (425)311,9199
Email: salesili1nwilaygrounil corn
QUOTE
This quote Is only valid for 30 days.
To. Tukwila Parks & Rec
Re: Tukwila Park Pagoda
15460 65th Ave S
Tukwila, WA 98188
Contact Name: Matthew Austin
Email: mat ,„,,ffey_mOnatt
Phone:
Cell/Fax.
Quote # 083121RR-01
Date: 8/31/2021
206-445-2245
EQUIPMENT
Poligon
OTC 2OSS Shelter with Primary SS, 1C 2015 Building Code, Wind Speed
110, Ground Snow Load 20, Min Clearance Height 7'5", Upper Roof Slope 6/12
148655 $ 41,170.00 $ 41,170,00
and Anchor Boils, NOTE. Carmel/Handrail -7 Side I 0 Ends (Bays), MCH of
7.5, Etectrical Access with 2 Cutouts & Frame Finish/Color - Galvanizing
148655 1 Seated and Stem d Engineered Drawings with Calculations
Patton
Northwest Playground Equipment Discount:
CERTIFIED INSTALLATION
Equipment Subtotal
NPE1 2000%
Freight: $
Equipment Total (less tax)
Installation of Poligon Shelter Which Includes: Shelter Assembly, Unloading
Onsite,, Disposal of Packaging and Dirt from Holes Offsite, Footings included
with Excavation thru Existing Concrete, Disposal of Dirt from Holes, plus all
Forming with Rebar and Concrete, Electrical set up will also be an additional
cost
Bond or CC Convenience Fee:
Location Code: 1729
1,000,00
42,170,00
(8,234,00)
6,000,00
39,936.00
$ 29,400,00
Prevailing Wage Job Installation Total 5 29,400.00
Performance Bond (If Required). 3,0%
Resale Certificate Required for Tax Exemption Tax 10 1V $ 1 002 94
ORDER TOTAL: $ 78,338.94
All quotes are subject to material and fuel su cha
Acceptance of Proposal:
(Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote)
The itents, prices and conditions listed herein are satisfactory and are hereby accepted.
TITLE
PAGE 1 of 3
Customer Signature
Date
Thank you for considering Northwest Playground Equipment, Inc. far your
Park, Playground, She/ter and Sports Equipment requirements,
Rev ised 801/2017
Wb*, A •
Northwest Playgrou id E ip n ent, Inc.
PO Box 2410, Issaquah; WA 98027-0109
Phon,c (425) 313,-9161 FAX (425) 313-9194
Project Name: Tukwila Park Pa oda
Quote If 083121RR-01
TERMS AND CONDITIONS
QUOTE CONDITIONS AND ACCEPTANCE:
This quote is only valid for 30 t.lays,
Orders placed or requested for delivery after 30 days are subject to price increases.
P.
(Pis initial) It is the Buyers responsibility to verify quantities and description of items quoted.
Once your order has been placed, any changes including additions; deletions or color changes, will delay your shipment,
EXCLUSIONS: Unless specified, this quote specifically excludes ail of the folloiiving:
Required Permits; Davis Bacon, Certified Payroll or Prevailing Wage fees
Performance/Payment Bonds
Site work and landscaping
Removal of existing equipment
Unloading; Receiving of inventory or equipment; Storage of equipment
Equipment assembly and/or installation
Safety surfacing; Borders or drainage requirements
Landscaping Repairs DUE to poor access or in climatic weather
FREIGHT AND DELIVERY:
Shipping is FOB Origin. A 24 -hr Call Ahead is available at additional cost„
Dellivery is currently 5+ weeks eller order submittal, Unless otherwise noted, all equipment is delivered unassembled.
1.0
(Pis Initial)Buyer 15 responsible to meet and provide a minimum of 2 LILTS to unload truck
A Check List, detailing all items shipped, wit be mailed to you and a copy will be included with the shipment;
Buyer is responsible for ensuring the Sales Order and Hem Numbers on all boxes and pieces match the Check List
(Pis Inifial)Shortages or damages must be noted on the driver's delivery receipt, Shortages or damages not noted become
the buyers financial responsibility.
Damaged Freight roust 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 reconsignment fee will be charged fur any changes made to delivery address after order has been placed„
TAXES:
All orders delivering in Washington are subject to applicable sales tax, unless a tax exemption or Reseller Permit is on file
at the time the order is placed.
PAYMENT TERMS: An approved Credit Application is required for new customers. 50% down payment is due at time of order
with balance due upon delivery„ unless other credit terms have been approved, interest may be charged on past due
balances at an annual rate of 113% A 3% charge will be added to all credit card orders.
RESTOCKING: terns canceled, returned or refused will be subject to a minimum 25% restocking fee. All return freight
charges are the responsibility of the Buyer.
MAINTENANCE/WAR TY:
Manufacturers standard product warranties apply and cover equipment replacement arid freight costs only: labor is not included.
Northwest Playground Equipment offers no additional warranties;
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,
INSTALLATION: It 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 largo rocks or concrete are found beneath the surface.
Access to power and water must be available.
Site supervision is quoted in 8 -hour days.
Acceptance of Terms & Conditions
Acceptance of this proposal made by an authorized agent of your company, Indicates agreement to the above terms and conditions.
TITLE Customer Sigriatuio
Thank you for choosing Northwest Playground Equipment
IPACW 2 Of 3
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