HomeMy WebLinkAbout22-077 - Northwest Playground Equipment, Inc - Fort Dent Playweb ReplacementCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 22-077
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and NW Playground Equipment. Inc. ,
hereinafter referred to as "the Contractor," whose principal office is located
at
PO Box 2410, Issaquah, WA 98027-0109
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:
Scone and Schedule of Services to be Performed by Contractor. 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.
2. Compensation 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 $39,900
3. Contractor Budget. 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. Duration of Aareement. This Agreement shall be in full force and effect for a period commencing
August 22st , 20 22 , and ending • October22nd' , 20 2_, unless sooner terminated
under the provisions hereinafter specified. fr
5. Independent Contractor. 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.
6. indemnification. 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.
CA Revised May 2020 Page 1 of 4
Should a court of competent jurisdiction determine that this Agreement is subject to RCW4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractors waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall 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 no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums 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 the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 4
of not less than A: VII.
E. Verification of Coverage. Contractor shall 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 shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all 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 Public
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 their 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.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including 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.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. 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 products 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. Discrimination Prohibited. 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. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement: Modification. 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.
CA Revised May 2020 Page 3 of 4
14. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration or cancellation
of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below,
16. Aunlicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit.
TLG
For
DATED this 12th day of July
CITY OF TUKWILA
C7/(Leu 6A-Ge/cg
Key: 5,1535cYaL11.0c110fSfec030,,,,,,baSa
Allan Ekberg, Mayor 07/12/2022
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
y 67/1'feWeit.
Office of the City Attorney
, 2022
CONTRACTOR
i0Dri-L1,0 e
By: %/[ /('L
Printed Name and Title: r3 -c
Heys
Address: 'cTh Q OK 3-A10
ss � 6A 9(`a�7
CA Revised May 2020 Page 4 of 4
To: Matthew Austin
Re: Fort Dent Park
Tukwila, WA
Contact Name: Matthew Austin
Email: h w.austin tuk • a ov
Item # Qty Description
1,,,614,
Northwest Playground Equipment, Inc.
PO Box 2410, Issaquah, WA 98027-0109
Phone (425) 313-9161 FAX (425) 313-9194
Email: sales@nwplayground.com
QUOTE
This quote is only vatic] for 30 days.
Phone:
ell/Fax:
AMC0192GRN 1 Net Assembly Medium
BAE0804 12 Washer - 5/8" Flat Stainless Steel
BAE0808 12 Nut - 5/8" - 11Lock Zinc Plated
orld
Playworld
EQUIPMENT
Playworld
Quote # 3212022CEM1
Date: 5/19/2022
Price Total Price
$ 30,239.66 $ 30,239.66
5 1.25 $ 15.00
1.25 $ 15.00
Equipment Subtotal $ 30,269.66
Northwest Playground Equipment Discount: NPEI 10.00% $ (3,026.97)
Freight, $ 680.00
Equipment Total (less tax) $ 27,922.69
CERTIFIED INSTALLATION
Removal and Disposal of Playweb Net 7,400.00
Deluxe Install of Repalcement Net
Prevailing Wage Included
Bond or CC Convenience Fee:
Location Code:
Installation Total: $
Performance Bond (If Required): 3.0%
Resale Certificate Required for Tax Exemption: Tax: 10.1%
All quotes are subject to material and fuel surcharges.
7,400.00
3,567.59
ORDER TOTAL: $ 38,890.2.9
Acceptance of Proposal:
(Please be sure you have read, signed, initialed 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.
Carrie gl1oor6y
Sales Assistant Customer Signature Date
Thank you for considering Northwest Playground Equipment, Inc. for your
Park, Playground, Shelter and Sports Equipment requirements.
PAGE 1 of 2
Revised 5.11.21
Northwest Playground Equipment, Inc.
PO Box 2410, Issaquah, WA 98027-0109
Phone (425) 3 L3-9161 FAX (425) 313-9194
Email: sales@nwplayground com
Project Name: Fort Dent Park
TERMS AND CONDITIONS
Quote # 3212022CEM1
QUOTE CONDITIONS AND ACCEPTANCE:
This quote is only valid for 30 days.
Order, placed or requested for delivery after 30 days are subject to price increases.
(Pis Initial) It is the Buyer's 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 all of the following:
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.
Delivery is currently 5+ weeks after order submittal. Unless otherwise noted, all equipment is delivered unassembled.
,4 (Pls Initial)Buyer is responsible to meet and provide a minimum of 2 ADULTS 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 i-sponsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List.
/1241(Pls Initial)Shortages or damages must be noted on the driver's delivery receipt Shortages or damages not noted become
the buyers 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 reconsignment fee wiul be charged for 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 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 18%. A 3% charge will be added to all credit card orders.
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.
MAINTENANCE/WARRANTY:
Manufacturer's standard product warranties apply and cover equipment replacement and 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: (if applicable)
A private tocate 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.
Acceptance of Terms & Conditions
Acceptance of this propose!, made by an authorized agent of your company, indicates agreement to the above terms and conditions.
Carrie 11oorby
/
Sales Assistant Customer Signature Date
Thank you for choosing Northwest Playground Equipment!
PAGE 2 cif 2
Revised 5.11.21