HomeMy WebLinkAboutCAG2019-226 - Amendment - #1 - Northwest Playground Equiptment, Inc. - Interactive Lunar Rover Replica - 05/14/2019 �* T Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: Northwest Playground Equipment
Vendor Number (]DE): 37649
Contract Number (City Clerk): (W(-1201 6) — 22
Category: -Contract Agreement
Sub-Category (if applicable): Amendment
Project Name: Interactive Lunar Rover Replica
Contract Execution Date: 4/16/19 Termination Date: 12/31/2019
Lynn Osborn/TJ Parks
Contract Manager: Department:
Contract Amount: $121 ,715.00
Budgeted: ❑✓ Grant?
Part of NEW Budget: Local: ❑ State: ❑ Federal:
Related to a New Position:
Basis for Selection of Contractor? Other
Approval Authority: ❑ Director Mayor ✓❑ City Council
Other Details: Amendment #1 specifying invoicing & compensation schedule;
no add'I cost or scope
Division Contract#PPD19-06
•
KENT
WAS NINGTON
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Northwest Playground Equipment, Inc.
CONTRACT NAME & PROJECT NUMBER: Interactive Lunar Rover Replica, #PPD19-06
ORIGINAL AGREEMENT DATE: 4/16/19
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section III of the Agreement, entitled "Compensation," is modified to revise the
timing of payment as follows:
III. COMPENSATION. The City shall pay the Vendor an amount not to
exceed $121,715.00, including applicable Washington State Sales Tax, for
the goods, materials, and services contemplated in this Agreement. T#e
Vendor will invoice the City upon the occurrence of the following events,
and the City agrees to pay such invoice within 30 days of its receipt and
acceptance:
• Upon full execution of the Agreement and upon the City's placement
of its order - $54,192.60;
• Upon Vendor's shipment of the product - $33,292.60; and
• Upon the City's receipt and acceptance of the delivered and
conforming product - $34,229.80,
Final payment is contingent upon full inspection and acceptance of
delivered product by the City as conforming to specifications. Acceptance of
delivery does not constitute full acceptance of product.
If the City objects to all or any portion of an invoice, it shall notify Vendor
and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to
settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to
withhold payment from Vendor for any defective or unauthorized
goods, materials or services. If Vendor is unable, for any reason, to
complete any part of this Agreement, the City may obtain the goods,
AMENDMENT - 1 OF 2
materials or services from other sources, and Vendor 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 Agreement
price specified above. The City further reserves its right to deduct
these additional costs incurred to complete this Agreement with
other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL
PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE
PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE.
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
By: /_kxt` By:
(signatur7 (signature)
Print Name: & �i M ` (��r.� �—� Prin Name: Julie Parascondola
Its c_�A Its PRCS Director
(title) htl )
DATE: f�C� It DATE:
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Ken Cit Clerk Kent Law Department
P;\Planning\Downtown Design\Lunar Rover\Purchase Agmt\NW Playground-AMENDMENT#1
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