Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PK13-187 - Original - Northwest Playground Equipment, Inc. - Contract- 07/03/2013
Records M ri d""Ogernen `Z�KWA Document W ASHIH GTON 4: { 4Y.. CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northwest Playground Equipment Inc. Vendor Number: 37649 JD Edwards Number Contract Number: ek-7 1 3- / v This is assigned by City Clerk's Office Project Name: Turnkey Park Playground Expansion Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 06/19/13 Termination Date: 6/30/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): PPD Contract # PPD13-09 Cry GIV113 S,Public\RecordsManagement\Forms\contractCover\adcc7832 1 11/08 Nwm� K E N T PUBLIC WORKS AGREEMENT between City of Kent and Northwest Playground Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Playground Equipment, Inc. organized under the laws of the State of Washington, located and doing business at 345 Dogwood, Issaquah, Washington 98027-0109, Bob McGarvey, 425-313-9161, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Polysoft surfacing to cover all outlined concrete areas (652 SF), with PIP to cover surrounding areas with 4' safey fall height on noted play areas and mounds (685 SF), roughly 1,400 SF of surface area total. Includes all labor, equipment and materials at Turnkey Park, as described and attached herein as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by July 12, 2013. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Forty Six Thousand, Sixty Three Dollars and 77/100 (46,063.77), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Over$IOK, under$50K, and Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$50K, and Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$50K, and Performance Bond) increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. PUBLIC WORKS AGREEMENT - 4 (Over$1OK, under$50K, and Performance Bond) The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 2<.AA4,A X. WARRANTY. pr o _ i y. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$50K, and Performance Bond) connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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 City, its officers, officials, employees, agents 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 CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PUBLIC WORKS AGREEMENT - 6 (Over$IOK, under $50K, and Performance Bond) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$50K, and Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: �C�e By: �.t--� By: (signature) (signature) Print Name: Ny�& t^-`CAa r.r-w P nt Na S zette Cooke Its PcZ&L cXA ha * Its a or �title) 3 DATE: 7-13 I r[ s DATE: 5 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Bob McGarvey Brian Levenhagen, Park Planner NW Playground Equipment, Inc. City of Kent - Parks and Recreation Dept. P. O. Box 2410 220 Fourth Avenue South Issaquah, WA 98027-0109 Kent, WA 98032 425-313-9161 (telephone) (253) 856-5116 (telephone) sales@nwplayground.com beevenhagen@kentwa.gov APPRO ED AS TO FO M: Kent Law Department NW Playground Contract for Turnkey Park PUBLIC WORKS AGREEMENT - 8 (Over$IOK, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 3rwk day of �..t.. 20 By: For: Npv� 12-t -Q-1k .L t�C Title: Date: 713 �l 3 EEO COMPLIANCE DOCUMENTS - 1 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 L) t* 8 IT Northwest Playground Equipment,Inc. PO Box 2410,Ibsaquah,WA 9 802 7-0 109 Phone(425)313-9161 FAX(425)313-9194 Email sal�s(nnw playground corn QUOTE Quote# 5/2113-MCG-2 To: Turn Key Park Surfacing Date. 512/2013 Contact Name. Brian Levenhagen Email b levenha en KenW_A ov Item# Gly Description Pnce Total Price EQUIPMENT 1 PolySoft surfacing to cover all outlined concrete areas(652 SF), $ 45.725.40 with PIP to cover surrounding areas with 4'safety Fall height on noted play areas and mounds(685 SF),roughly 1,400 SF of surface area total Includes all labor,equipment and materials Equipment Subtotal $ 45,72540 PolySoft Discount KCDA 6 00% $ (3,658.03) Freight(included Above) $ - Equipment Total(less tax) $ 42,067.37 INSTALLATION Installation included in price above. $ - Installation Total $ Credit card fee 0 Payment by Credit Gard? CC Fee 3 0% $ - Location Code Tax, 9 5% $ 3,99640 ORDER TOTAL: $ 46,063.77 All quotes are subject to material and fuel surcharges. Thank you for considering Northwest Playground Equipment, Inc for your Park, Playground, Sheller and Sports Equipment requirements. PAGE 1 of 2 Revised 8/24111 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect 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. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating 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. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. J ) ® DATE(MMIDD/YYYY) A� CERTIFICATE OF LIABILITY INSURANCE 6/10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les) must be endorsed if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements) PRODUCER NAMEACT Nick Ghaffarl CHOICE Insurance, LLC 8 PHONE FAX 1715 Market Street WC. No, o Ex (425) 739-6565 A/c No (425) 739-9955 Suite 100 EAODARESS ServiceCL@choiceinsurance.net Kirkland WA 98033 INSURER(S)AFFORDING COVERAGE NAIC# INSURER Western National Assurance 24465 INSURED (419) 313-9161 INSURER Northwest Playground Equipment Inc Play Safe Construction, Inc INSURER PO Sox 2410 INSURER Issaquah WA 98027 INSURERE INSURER F COVERAGES CERTIFICATE NUMBER Cart ID 570E REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER MM DDPOLICY/YYYY MM DDIYYYY LIMITS LTR INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY Y Y CPP 1037280 3/1/2013 3/l/2014 PREMISES Ea occurrence IS 100,000 CLAIMS-MADE EX OCCUR VIED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 11000,000 GENERAL AGGREGATE IS 2,000,000 GENI AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY ECT X PRO- LOC EPL $ 100,000 CMINED J AUTOMOBILE LIABILITY EaaBctlent51NGLE LIMIT $ 11000,000 A ANY AUTO CPP 1037051 3/1/2013 3/1/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X AUTOS DAMAGE PROPERTY NON-OWNED $ X HIREDAUTOS X AUTOS Peracadent A X UMBRELLA LIAR X OCCUR UMH 1006108 3/l/2013 3/l/2014 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X I RETENTIONS 10,000 Prod Completed O s $ 2,000,000 WORKERS COMPENSATION WI STATU- X OTH- A AND EMPLOYERS'LIABILITY YIN N CPP 1037280 3/1/2013 3/1/2014 TORY LIMIT E ANY PROPRIETORIPARTNER)EXECUTIVE WA State Stop Gap EL EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED? F 7N NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under EL DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below A Property - BPP CPP 1037280 3/1/2013 3/1/2014 Deductible $1000 $ 128,750 A Property - Inland Marine CPP 1037280 3/1/2013 3/1/2014 Installation $ 150,000 Fr Floater Ded $1000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Project: Turnkey Park. Certificate Holder is included as Additional Insureds with respect to work performed by or on behalf of the Named Insured and coverage is Primary & Non-Contributory per Endorsement WNGL49 Waiver of Subrogation included per Endorsement WNGL39. Per Project Aggregate Limit included per Endorsement CG2503. Additional Insured shall apply by written contract and/or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 980327- ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 Of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations A For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I—Coverage A, and for all medical expenses caused by accidents under Section I—Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1 A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Lima shown in the Declarations 2 The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury" or"property damage" included in the"products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of aAnsureds; b Claims made or"suits' brought; or c. Persons or organizations making claims or bringing "suits'. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit COMMERCIAL GENERAL LIABILITY WN GL 49 01109 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies Insurance provided under the following* COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. The preparing, approving, or fading to pre- Include as an additional insured any person or or- pare or approve, mass, shop drawings, ganization for whom you are performing operations opinions, reports surveys, field orders, when you and such person or organization have change orders or drawings and specifica- agreed in writing in a contract or agreement that tions, or such person or organization be added as an addi- b. Supervisory, inspection, architectural or tional insured on your policy Such person or or- engineering activities ganization is an additional insured only with respect to liability for "bodily injury", "property damage" or 2. "Bodily injury" or "property damage" occurring "personal and advertising injury" caused, in whole after, or in part, by. a. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service,maintenance or repairs) to be performed by behalf, or on behalf of the additional insured(s) at in the performance of your ongoing operations for the location of the covered operations has the additional insured been completed;or A person's or organization's status as an additional b. That portion of"your work" out of which the insured under this endorsement ends when your injury or damage arises has been out to its operations for that additional insured are com- intended use by any person or organization i pleted other than another contractor or subcontrac- B. The Limits of Insurance applicable to the additional for engaged in performing operations for a insured are those specified in the written contract principal as a part of the same project or written agreement or in the Declarations of this D As respects the coverage provided under this en- policy, whichever is less These Limits of Insur- dorsement, Paragraph 4.1b. of the Other Insurance ante are inclusive of, and not in addition to Limits Condition is deleted and replaced by the following of Insurance shown in the Declarations 4. Other Insurance C. With respect to the insurance afforded to these b. Excess Insurance additional Insureds, the following additional exclu- sions apply. This insurance is excess over any other This insurance does not apply to- insurance naming the additional insured as P an insured whether primary, _ycess, contin- 1. "Bodily injury", "property damage" or "personal gent or on any other basis unless the written and advertising injury" arising out of the render- contract or agreement described in A.above ing of, or the failure to render, any professional specifically requires that this insurance be architectural, engineering or surveying services, provided on either a primary basis or a pri- includmg, mary and noncontributory basis. I WN GL 49 0109 Includes copyrighted matenal of insurance Services office Inc with its permission. Page 1 of 1 . I� B For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction protect shown in the Schedule above 1 Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- completed Operations Aggregate Limit, whichever is applicable, and 2 Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products- completed operations hazard"will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated THE AMERICAN INSTITUTE OF ARCHITECTS 41 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business) Northwest Playground Equipment, Inc RLI Insurance Company P O Box 2410 P O Box 3967 Issaquah, WA 98027 Peoria, IL 61612 OWNER (Name and Address): City of Kent 220 Fourth Avenue South Kent,WA 98032 CONSTRUCTION CONTRACT Date: July , 2013 Amount $50,000 00 Description (Name and Location): Polysolf Surfacing and PIP at Turnkey Park BOND #SSB0416926 Date (Not earlier than Construction Contract Date) July 2013 Amount $50,000 00 Modifications to this Bond: ❑None ❑✓ See Last Page CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal) Northwest Playground Equipment, Inc RLI Insurance Company P O Box 2410 1 Signature: Signature. Name and T} e / p Name and Title Lori McKimmy �r� Attorney in Fact (Any additional signatures appear on It/page) (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER OWNER'S REPRESENTATIVE (Architect, Engineer or other Kenneth J Frick party). 112 South Fourth Street Yakima WA 98901 509-248-3515 AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE,N W WASHINGTON,D C 20006 A312-1984 4 THIRD PRINTING 9 MARCH 1987 C0035508-50,0 1. The:Contractor and the Surety, jointly and severally, bind 6. When the Claimant has satisfied the conditions of themselves,their heirs, executors,administrators,successors and Paragraph 4, the Surety shall promptly and at the Surety's assigns to the Owner to pay for labor, materials and equipment expense take the following actions furnished for use in the performance of the Construction Contract, which is Incorporated herein by reference 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the 2. With respect to the Owner, this obligation shall be null and amounts that are undisputed and the basis for challenging any void if the Contractor amounts that are disputed 2.1 Promptly makes payment, directly or indirectly, for all 6 2 Pay or arrange for payment of any undisputed amounts sums due Claimants, and 7. The Surety's total obligation shall not exceed the amount of 2.2 Defends, indemnifies and holds harmless the Owner from this Bond, and the amount of this Bond shall be credited for any claims, demands, liens or suits by any person or entity whose payments made in good faith by the Surety claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the 8 Amounts owed by the Owner to the Contractor under the Construction Contract, provided the Owner has promptly notified Construction Contract shall be used for performance of the the Contractor and the Surety (at the address described in Construction Contract and to satisfy claims, if any, under any Paragraph 12) of any claims, demands, liens or suits and Construction Performance Bond By the Contractor furnishing tendered defense of such claims, demands, liens or suits to the and the Owner accepting this Bond, they agree that all funds Contractor and the Surety, and provided there is no Owner earned by the Contractor in the performance of the Construction Default Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use 3 With respect to Claimants, this obligation shall be null and the funds for the completion of the work void if the Contractor promptly makes payment, directly or indirectly,for all sums due 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the 4. The Surety shall have no obligation to Claimants under this Construction Contract The Owner shall not be liable for payment Bond until of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, 4.1 Claimants who are employed by or have a direct contract give notices on behalf of, or otherwise have obligations to with the Contractor have given notice to the Surety (at the Claimants under this Bond address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under 10. The Surety hereby waives notice of any change, this Bond and, with substantial accuracy, the amount of the claim including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations 4.2 Claimants who do not have a direct contract with the Contractor 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the .1 Have furnished written notice to the Contractor and location in which the work or part of the work is located or after sent a copy, or notice thereof, to the Owner, within 90 days after the expiration of one year from the date (1) on which the Claimant having last performed labor or last furnished materials or gave the notice required by Subparagraph 4 1 or Clause 4 2 3, or equipment included in the claim stating,with substantial accuracy, (2)on which the last labor or service was performed by anyone or the amount of the claim and the name of the party to whom the the last materials or equipment were furnished by anyone under materials were furnished or supplied or for whom the labor was the Construction Contract, whichever of (1) or (2) first occurs If done or performed, and the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in .2 Have either received a rejection in whole or in part the jurisdiction of the suit shall be applicable from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by 12. Notice to the Surety, the Owner or the Contractor shall be which the Contractor has indicated the claim will be paid directly mailed or delivered to the address shown on the signature page or indirectly, and Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the .3 Not having been paid within the above 30 days, have date received at the address shown on the signature page sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, 13 When this Bond has been furnished to comply with a stating that a claim is being made under this Bond and enclosing statutory or other legal requirement in the location where the a copy of the previous written notice furnished to the Contractor construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be 5. If a notice required by Paragraph 4 is given by the Owner to deemed deleted herefrom and provisions con- forming to such the Contractor or to the Surety,that is sufficient compliance statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20006 A312.1984 5 THIRD PRINTING•MARCH 1987 C0035508-50,0 shalkbe'construed as a statutory bond and not as a common law architectural and engineering services required for performance bond of the work of the Contractor and the Contractor's subcontractors, and all other Items for which a mechanic's lien may be asserted In 14. Upon request by any person or entity appearing to be a the jurisdiction where the labor, materials or equipment were potential beneficiary of this Bond, the Contractors shall promptly furnished. furnish a copy of this Bond or shall permit a copy to be made 15.2 Construction Contract The agreement between the 15. DEFINITIONS Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto 15.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the 153 Owner Default Failure of the Owner, which has Contractor to furnish labor, materials or equipment for use in the neither been remedied nor waived, to pay the Contractor as performance of the Contract The intent of this Bond shall be to required by the Construction Contract or to perform and complete include without limitation in the terms "labor, materials or or comply with the other terms thereof equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 60 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed §6.2 Pay or arrange for payment of any undisputed amounts. § 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or aquire as to a claim However, if the Surety fails to discharge its obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant (Space is provided below for additional signatures of added parties, other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company (Corporate Seal) Signature. Signature: Name and Title Name and Title Address Address AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE,N W,WASHINGTON,D C 20006 A312-1984 6 THIRD PRINTING•MARCH 1987 C0035508-50,0 ` THE AMERICAN INSTITUTE OF ARCHITECTS I) AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business) Northwest Playground Equipment, Inc RLI Insurance Company P O Box 2410 P O Box 3967 Issaquah,WA 98027 Peoria, IL 6 1 61 2-3967 OWNER(Name and Address) City of Kent 220 Fourth Avenue South Kent, WA 98032 CONSTRUCTION CONTRACT Date July -5 2013 Amount $50,000 00 Description (Name and Location), Polysoft Surfacing and PIP at Tumkey Park BOND #SSB0416926 Date (Not earlier than Construction Contract Date) July ,2013 , Amount $50,000 00 Modifications to this Bond 0 None ❑ See 1 ast-Page CONTRACTOR AS PRINCIPAL SURETY Company (Corporate Seal) Company RU Insurance Company(Corporate Seal) Northwest Playground Equipment, Inc PO Box2410 Signature nUM �—�� Signature Name and TiUee b rrt Name and Lori McKimmy !/s� Title Attorney-In-Fact (Any additional signatures appear on last page) (FOR INFORMATION ONLY-- Name, Address and Telephone) AGENT or BROKER OWNER'S REPRESENTATIVE (Architect, Kenneth J Frick Engineer or other party) 112 South Fourth Street Yakima, WA 98901 509-248-3515 AIA DOCUMENT A312 a PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED •AIA® A312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE, N W,WASHINGTON D C 20006 THIRD PRINTING •MARCH 1987 C0036801-50,0 1 The Contractor and the Surety, jointly and severally, bind .1 After Investigation, determine the amount for themsolves, their heirs, executors, administrators, which it may be liable to the Owner and, as soon successors and assigns to the Owner for the performance of as practicable after the amount is determined, the Construction Contract, which is Incorporated herein by tender payment therefor to the Owner, or reference 2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefor Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in 5 If the Surety does not proceed as provided In Paragraph 4 Subparagraph 3 1 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation under additional written notice from the owner to the Surety this Bond shall arise after demanding that the Surety perform Its obligations under this Bond, and the Owner shall be entitled to enforce any 3 1 The owner has notified the Contractor and the remedy available to the Owner If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4 4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be held entitled to enforce any remedy available to the owner not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion 6 After the Owner has terminated the Contractor's right to Contract If the Owner, the Contractor and the Surety complete the Construction Contract, and if the Surety agree, the Contractor shall be allowed a reasonable time elects to act under Subparagraph 4 1, 4 2, or 4 3 above, to perform the Construction Contract, but such an then the responsibilities of the Surety to the Owner shall agreement shall not waive the Owner's right, if any, not be greater than those of the Contractor under the subsequently to declare a Contractor Default, and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3 2 The Owner has declared a Contractor Default and Owner under the Construction Contract To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for Subparagraph 3 1, and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the Balance of the of defective work and completion of the Construction Contract, Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6 2 Additional legal, design professional and delay selected to perform the Construction Contract in costs resulting from the Contractor's Default, and accordance with the terms of the contract with the resulting from the actions or failure to act of the Surety under Paragraph 4, and 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly at the Surety's expense take 6.3 Liquidated damages, or if no liquidated damages one of the following actions are specified in the Constuction Contract, actual 4 1 Arrange for the Contractor, with the consent of the damages caused by delayed performance or Owner, to perform and complete the Construction non-performance of the Contractor Contract, or 7 The Surety shall not be liable to the owner or others for obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Construction Construction Contract, and the Balance of the Contract Contract itself, through its agents or through independent Price shall not be reduced or set off on account of any such contractors, or unrelated obligations No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from qualified its heirs, executors, administrators or successors contractors acceptable to the Owner for a contract for performance and completion of the Construction 8 The Surety hereby waives notice of any change, Contract, arrange for a contract to be prepared for including changes of time, to the Construction Contract or execution by the Owner and the contractor selected with to related subcontracts, purchase orders and other the Owner's concurrence, to be secured with obligations performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may Construction Contract, and pay to the Owner the amount be instituted in any court of competent jurisdiction in the of damages as described in Paragraph 6 in excess of the location in which the work or part of the work is located Balance of the Contract Price incurred by the Owner and shall be instituted within two years after Contractor resulting from the Contractor's default, or Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails 4 4 Waive its right to perform and complete, arrange for to perform its obligations under this Bond, whichever completion, or obtain a new contractor and with occurs first If the provisions of this Paragraph are void or reasonable promptness under the circumstances prohibited by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shall be applicable AIA DOCUMENT A312 •PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE, N W WASHINGTON D C 20006 A31 2-1964 2 THIRD PRINTING •MARCH 1987 C0036801-50,0 10,Notice to the Surety, the Owner or the Contractor shall and proper payments made to or on behalf of the be mailed or delivered to the address shown on the Contractor under the Construction Contract signature page 12.2 Construction Contract The agreement between the 11 When this Bond has been furnished to comply with a Owner and the Contractor Identified on the signature statutory or other legal requirement in the location where page, including all Contract Documents and changes the construction was to be performed, any provision in this thereto Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions 12.3 Contractor Default Failure of the Contractor, conforming to such statutory or other legal requirement which has neither been remedied nor waived, to perform shall be deemed incorporated herein The intent is that this or otherwise to comply with the terms of the Bond shall be construed as a statutory bond and not as a Construction Contract common law bond 12 4 Owner Default Failure of the Owner, which has 12 DEFINITIONS neither been remedied nor waived, to pay the Contractor 12.1 Balance of the Contract Price The total amount as required by the Construction Contract or to perform payable by the Owner to the Contractor under the and complete or comply with the other terms thereof Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL SUREFY Company (Corporate Seal) Company (Corporate Seal) Signature 7" Signature Name and Title 6n 6 cJ �,�ycQc. Name and Title Address y I Address NV AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED •AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE N W WASHINGTON, D C 20006 A312-1984 3 THIRD PRINTING• MARCH 1987 C0036801-50,0 U® RLI0 Box 3 POWER OF ATTORNEY P 0 Box 3967 1 Peona,II,61612-3967 Phone (800)645-2402 1 Fax (309)689-2036 RLI Insurance Company www rlicorp corn Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired That RLI Insurance Company,a(n)Illinois corporation,does hereby make,constitute and appoint Kenneth J.Frick Donna S. Martinez.Alex B Hodge Lori MCKtD2= Natali Roque Rod Lewis iointly or severally in the City of Yakima , State of Washington its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million Dollars($10,000,000)for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit "Ail bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of June 2013 �FCo""" RLI Insurance Company rAAPo R4?-t z SEAL - ---- State of Illinois ) 's Roy C DteL") Vice President )} c County of Peoria if N ww;',o``` CERTIFICATE On this 13th day of June 2013 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C Die , who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable, and officer of the RLI Insurance Company and acknowledged band instrument furthermore, that the Resolution of the Company as set forth in the to be the voluntary act and deed of said corporation Power of Attorney. is now in force In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this ,day of ,Tul y 2013 w. » = RLI Insurance Company Jacqu me M Bockler Notary Public "O=BOCKLER Noun. Roy C Die Vice President °UBLO lACQU8076Q COMMIS 4665729020212 A0059411 • KENT NA S H I I.G'O N Agenda Item: Consent TO: City Council DATE: June 4, 2013 SUBJECT: Northwest Playground Equipment Inc. Agreement for Turnkey Park - Authorize MOTION: Move to recommend authorizing the Mayor to sign the Public Works agreement with Northwest Playground Equipment, Inc., in the amount of $46,063.77 for the playground restoration project at Turnkey Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: Through a partnership with KaBoom!, Disney, and the community, the city is renovating Turnkey Park playground this summer. Some of the play features require the installation of poured-in-place rubberized safety surfacing. This contract with Northwest Playground Equipment, Inc., is to furnish and install this safety surfacing. The product to be used is a well-regarded product, and the company is a well-regarded company with extensive experience in the provision of play equipment and park furnishings. The contractor was selected through the King County Director's Association's Cooperative Purchasing program, with the cost set at a pre-qualified unit price. EXHIBITS: Draft Public Works Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Expense of $46,063.77 through the Parks Lifecycle Program budget REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Brian Levenhagen Dept/Div. Parks Planning & Dev. Extension: 5116 Date Sent: 6/26/13 -'il L i _, Date Required: 6/26/13- Return to: Lynn Osborn for Brian CONTRACT TERMINATION DATE: 6/30/13 VENDOR: NW Playground Equipment DATE OF COUNCIL APPROVAL: 6/4/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: This contract is to furnish and install safety surfacing at Turnkey Park playground. RECEDE JUL 3 2013 City of Kent Office of the Mayor All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.. '�� kr ;�^ � i} ti r ! JUL � � 2013 Law Dept. Comments: Date Forwarded to Mayor: 3 Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: W S r Disposition: ,joyr Date Returned: