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HomeMy WebLinkAboutJUMP Department of Public Works O Consent I Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Eric Kuzma, Acting Public Works Director Agenda Date: November 12, 2024 Subject: Three Party Construction Agreement for Phase 2 of JUMP! Statement of Issue: Jefferson County Parks and Recreation and the Jefferson Universal Movement Playground Committee won a Dan Thompson grant from the Department of Social and Health Services (DSHS) to build Phase 2 of the JUMP! Playground. The project will be contracted through the King County Directors Association (KCDA), a purchasing cooperative serving local and state government agencies since 1938. A three-party construction agreement between the contractor, Jefferson County, and KCDA has been prepared and is ready for approval. Analysis/Strategic Goals/Pro's a Con's: The JUMP! Playground has been a tremendous success. Use has far exceeded expectations. The benefits of the playground are deep and widespread. Phase 2 is focused on a play structure specifically for children of all abilities ages 2 - 5. It also includes: three large shade structures for the new play area, the sea snail plaza, and the main phase 1 structure; a custom art gate by Gunter Reimnitz, accessible tile safety surfacing, and drainage work. Phase 2 will be installed in the remaining open playground area that is currently grass. Fiscal Impact/Cost Benefit Analysis: The construction contract is for $351,384.72. The grant will fund this entire amount. The grant has no match requirement. Jefferson County will continue to own, operate, and maintain the playground. Recommendation: Approve the agreement and return the original to Public Works for transmittal to DSHS. Department Contact: Matt Tyler. 385-9129 Reviewed B..vi : Mark McCauley, C ty Administrator Date r CONTRACT REVIEW FORM Clear Form (INSTRUC77ONS ARE ON THE NEXT PAGE) / CONTRACT WITH: KCDA&Great Western Recreation Contract No: 77 /). Nst -i(qY Contract For: Phase 2 JUMP! Playground Construction Term: October 28 to June 30,2*m' COUNTY DEPARTMENT: Public Works Contact Person: Matt Tyler Contact Phone: 360-385-9129 Contact email: mtyler@co.jefferson.wa.us AMOUNT: $351,384.72 PROCESS: —` Exempt from Bid Process Revenue: $351,384.72 �/ Cooperative Purchase Expenditure: $351,384.72 _ Competitive Sealed Bid Matching Funds Required: No matching fund required Small Works Roster Sources(s)of Matching Funds N/A _ Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: n N/A:n Nate u,v-L. � � I 0 j 14/) ti Signature 0 Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: iiii N/A: ❑ ki ue� f 1 p lsD L -L l Signatur ate STEP 3:RISI MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 10/24/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): lectronically approved as to form by PAO on 10/24/2024. Contruction agreement between Jeff Co, KCDA, and contractor for phase 2. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL I AGREEMENT BETWEEN JEFFERSON COUNTY ("CLIENT"), KING COUNTY DIRECTOR'S ASSOCIATION ("KCDA"), AND CONTRACTOR This AGREEMENT is made as of the day of , 20 ,between the public entity Jefferson County Public Works, ("Client")623 Sheridan St, Port Townsend, WA 98368 ; King County Directors Association(KCDA), Street Address: 18639 - 80th Ave S, Kent, WA 98032; and the Contractor: Great Western Recreation. This Agreement supplements the King County Directors' Association("KCDA") Purchase Order Number TBD and purchase order#6 for the Client. A general description of the Project is: Equipment and installation for the JUMP! Universal Movement Playground(ages 2-5), including playground, 3 shade structures, safety surfacing, and subgrade drainage and preparation. Complete scope of work and specifications in included proposal from Great Western Recreation dated 10/7/2024, Job #104247-09- Opt 2. Colors are listed in the color chart and match renderings in proposal. Color of the safety tiles is Beach Sand for main area and Blue for the special pattern under the Rocking Raft as shown in the renderings. The Architect/Engineer("A/E"), if any, is: Not applicable The Client, KCDA, and Contractor agree as set forth below. ARTICLE 1 THE WORK 1.1 This Agreement provides supplemental terms and conditions to the Purchase Order and is incorporated by reference into the Purchase Order as if set forth in full therein. This Agreement shall be completed and executed for all KCDA projects that include any on-site construction activities. The Contractor shall fully execute and complete the entire Work described in the Contract Documents. ARTICLE 2 DATES OF COMMENCEMENT AND SUBSTANTIAL AND FINAL COMPLETION 2.1 The date of commencement of the Work(the date from which the Contract Time is measured) shall be the date established in a notice to proceed issued by the Client, unless a different date is stated below: 2.2 The Contractor shall achieve Substantial Completion of the entire Work no later than April 30, 2025 and Final Completion no later than May 30, 2025 subject to adjustments of the Contract Time as provided in the Contract Documents. Agreement between Client,KCDA and Contractor-Washington Page 1 156691459.1 2.3 Liquidated damages, if any, shall be $6 5 0 per day for each calendar day after the Contract Time that Substantial Completion is not attained, and shall be paid to the Client. ARTICLE 3 CONTRACT SUM 3.1 KCDA shall pay the Contractor for the Contractor's performance of the Contract the Contract Sum of Three hundred twenty-two thousand seventy-five dollars, eighty-two cents. Dollars ($3 2 2, 0 7 5. 8 2), subject to additions and deductions as provided in the Contract Documents. Sales tax is not included in the Contract Sum and shall be added to the invoice between the Contractor and KCDA and to the invoice between KCDA and the Client. The contract sum has been derived from the contractor's bid to KCDA directly, or to KCDA through the Association of Educational Purchasing Agencies(AEPA)dated May 1, 2024, and is made up of the following components: Playground Equipment, Surfacing, & Site Amenities. 3.2 The Contract Sum is based upon and includes the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Client: Payment and Performance Bond $6, 328 3.3 Unit prices beyond those listed in the Contractor's Bid to KCDA or AEPA, if any, are as follows: not applicable 3.4 Allowances, if any, are as follows: not applicable 3.5 If this Agreement is for a Project for the Contract Sum of one million dollars or more, complete below the names of the following subcontractors with whom the Contractor will subcontract for performance of the work: Not applicable HVAC (heating, ventilation, and air conditioning) Not applicable Plumbing as described in chapter 18.106 RCW Not applicable Electrical as described in chapter 19.28 RCW. Not applicable Structural Steel Installation Not applicable Rebar Installation 3.6 If the amount of the Contract Sum listed in Section 3.1 above is one million dollars or more, then this Project is subject to the apprenticeship requirements of RCW 39.04.320 and Section 10.17 in the attached General Conditions. If the amount of the Contract Sum listed in Section 3.1 is less than one million dollars, then such apprenticeship requirements do not apply. ARTICLE 4 PAYMENT 4.1 Whenever this Agreement states that KCDA will make payments, the parties agree that payment from the Client to KCDA is a condition precedent to payment from KCDA to the Contractor and that KCDA will use such payments from the Client to pay Contractor. KCDA will make payments to the Contractor as Agreement between Client, KCDA and Contractor- Washington Page 2 156691459.1 provided below and elsewhere in the Contract Documents based upon Application(s)for Payment submitted by the Contractor and per Article 15. KCDA will schedule final payment, constituting the entire unpaid balance of the Contract Sum except statutory retainage, to the Contractor when the Work has achieved Final Completion, the Agreement has been fully performed,the Client's Board of Directors has accepted the Work, and the Client has agreed to receive billing from KCDA. The retainage shall be paid pursuant to RCW 60.28 and the Contract Documents. 4.2 Payments due and unpaid under the Agreement shall bear interest at the Bank of America prime rate plus 2%, unless a different rate is required under RCW 39.76 ARTICLE 5 PERMITS AND FEES 5A The Client seeu a nd pa of necessary 5.2 , governmental-fees;li of ARTICLE 6 PROPERTY INSURANCE 6.1 The Client shall include this project in its existing property insurance coverage for loss or damage to the property in the course of construction. Upon the occurrence of an insured loss,the Client shall have the power to adjust and settle any loss with the insurers. 6.2 The Contractor shall be responsible for securing property insurance for its own equipment. This property insurance shall be on an"all-risk"or equivalent policy form and shall include, but not be limited to, coverage for fire and extended coverage,theft, vandalism,malicious mischief, collapse and windstorm. Any deductible shall be the sole responsibility of the Contractor. The Contractor's other insurance requirements are described in Article 17. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents are enumerated as follows, except for modifications issued after execution of this Agreement: 7.1 KCDA Invitation to Bid Number 22-315 or AEPA Invitation to Bid Number AEPA n/a and all of the terms and conditions incorporated therein, including but not limited to all terms and conditions in the Invitations for Bids, Request for Proposal, and Public Works Procedures for Members and Contractors. 7.2 For AEPA bids, Washington, King County Directors' Association(KCDA)Additional Agency Terms and Conditions as listed in the AEPA Invitation to Bid. 7.3 KCDA Purchase Order Number TBD. Agreement between Client,KCDA and Contractor-Washington Page 3 156691459.1 7.4 This executed Agreement between the Client and Contractor, including the attached General Conditions. 7.5 Any Supplementary and other Conditions of the Agreement. 7.6 The Specifications as follows: Section Title Pages 7.7 The Drawings as follows: Number Title Date 7.8 The Addenda(if any)as follows: Number Date Pages 7.9 Department of Labor and Industries Prevailing Wage Rates. County: Jefferson Effective Date: January 1,2024 7.10 Any other documents forming part of the Contract Documents and listed below: Great Western Recreation Proposal #104247-09 Opt 2, 10/7/2024 This Agreement entered into as of the day and year first written above. KING COUNTY DIRECTORS' ASSOCIATION CONTRACTOR By By (Signature) (Signature) Tyler Kyriopoulos/President (Printed name and title) (Printed name and title) CLIENT By (Signature) (Printed name and title) Approved "form only: c /4 - for 10/24/2024 Philip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney Agreement between Client,KCDA and Contractor-Washington Page 4 156691459.1 GENERAL CONDITIONS ARTICLE 8 against the Contractor. Contractor hereby assigns to the Client THE CONTRACT DOCUMENTS all manufacturers'warranties. 8.1 The intent of the Contract Documents is to ARTICLE 9 include all items necessary for the proper execution and ADMINISTRATION OF THE AGREEMENT completion of the Work by the Contractor. The Contract Documents are complementary,and what is required by one is 9.1 The Client,with assistance from the A/E,will as binding as if required by all. Performance by the Contractor provide administration of the Agreement. The Client must is required to the extent consistent with the Contract Documents approve in writing all changes in the Contract Sum or Time and and reasonably inferable from them as being necessary to all Change Orders, Construction Change Directives, and produce the intended results. payments to the Contractor. The Client's Representative may perform any of the duties of the A/E described herein, at the 8.2 The Contract Documents shall not be discretion of the Client. construed to create a contractual relationship of any kind between the Client and a Subcontractor of any tier, between 9.2 No representative of KCDA, the Client, or KCDA and a Subcontractor of any tier,between the A/E(if any) the A/E is authorized to revoke, alter,enlarge,relax or release and a Subcontractor of any tier, or between any persons or any requirements of the Contract Documents,nor to approve or entities other than the Client,KCDA,and Contractor. accept any portion of the Work whether or not executed in accordance with, nor to issue instructions contrary to the 8.3 The term "Work" means the demolition, Contract Documents, other than the Client's Superintendent. abatement, disposal, construction and services required by the All warranties, guarantees, and certificates shall inure to the Contract Documents, whether completed or partially benefit of the Client. completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to 9.3 The Client or the A/E may disapprove, fulfill the Contractor's obligations. The Work may constitute condemn or reject work when,in its opinion,the Work does not the whole or a part of the Project. conform to the Contract Documents. The Client or the A/E may require special inspection or testing of any Work in accordance 8.4 The term "A/E" means the entity listed as with the provisions of the Contract Documents whether or not such on the first page of this Agreement, if any. The A/E may such Work is then fabricated,installed or completed. be an architect,engineering or similar company,or consultant, and is not necessarily a licensed architect or engineer. If 9.4 The Client or the A/E may call,schedule and "None" or "N/A" is listed for the A/E, then the Client or its conduct job meetings,which the Contractor and representatives designated representative will perform all of the functions of of its Subcontractors shall attend, to discuss such matters as the A/E described herein. The A/E is not an agent of the Client procedures,progress,problems and scheduling. or KCDA, and is not authorized to speak on behalf of or bind the Client or KCDA. 9.5 The Client,KCDA,and the A/E may visit the 8.5 The Contractor's execution of the Agreement site at intervals each considers appropriate to the stage of the is a representation and acknowledgement that the Contractor Work to become generally familiar with the progress and has visited the site and become familiar with the local quality of the completed Work. However,none of them will be required to make exhaustive or continuous on-site inspections conditions under which the Work is to be performed, that the Contract Sum is reasonable compensation for all the Work,and to check the quality or quantity of the Work. that the Contract Time is adequate for the performance of the Work.The Contractor's execution of the Agreement is a further 9.6 The Client may occupy the site during the representation and acknowledgement that the Contractor has course of the Work. carefully checked and verified all pertinent figures and that it has examined the Contract Documents and the Project site, ARTICLE 10 including any existing structures,and that it has satisfied itself THE CONTRACTOR as to the nature, location,character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, 10.1 The Contractor shall perform, supervise and services and other items to be furnished, and all other direct the Work,using the Contractor's best skill and attention. requirements of the Contract Documents,as well as the surface The Contractor shall be solely responsible for and have control conditions and other matters that may be encountered at the over construction means, methods, techniques, sequences, Project site or affect performance of the Work or the cost or personnel and procedures, for safety, and for coordinating all difficulty thereof, portions of the Work under the Agreement,unless the Contract 8.6 KCDA is an intended third-party beneficiary Documents specifically provide other instructions concerning of this Agreement and may enforce all of its terms directly these matters. The Contractor shall be and operate as an independent contractor in the performance of the Work and Agreement between Client,KCDA and Contractor-Washington Page 5 156691459.1 shall have complete control over and responsibility for all other similar taxes that are legally enacted when bids are personnel performing the Work. The Contractor is not received,whether or not yet effective or merely scheduled to go authorized to enter into any agreements or undertakings for or into effect. on behalf of KCDA or the Client or to act as or be an agent or employee of KCDA or the Client. 10.6 Legal Compliance. The Contractor shall comply with and give notices required by laws, ordinances, 10.2 The Contractor shall provide and pay for all rules, regulations, and lawful orders of public authorities labor,materials,equipment,tools,construction equipment and bearing on performance of the Work. The Contractor shall machinery, water, heat, utilities, transportation, disposal, and promptly notify KCDA, the Client, and A/E in writing if the other facilities and services necessary for the proper execution Contractor observes the Drawings or Specifications to be at and completion of the Work,whether temporary or permanent variance with them. and whether or not incorporated or to be incorporated in the Work. 10.7 Submittals. The Contractor shall review, approve and submit to the Client or A/E with reasonable 10.3 Workers. The Contractor shall enforce promptness Shop Drawings,Product Data,Samples and similar strict discipline and good order among the Contractor's submittals required by the Contract Documents. The Work employees and other persons carrying out the Work. The shall be in accordance with approved submittals. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor 10.8 Progress Schedule. Within seven days of shall be responsible to KCDA and the Client for the acts and execution of this Agreement, the Contractor shall submit a omissions of the Contractor's employees,Subcontractors of preliminary schedule of the Work to the Client. Failure to do any tier and their agents and employees,and other persons so shall constitute a material breach of the Contract and a performing portions of the Work under a contract with the material breach of the conditions of the bid bond. Within thirty Contractor. At no change to the Contract Sum or Contract days after execution of the Agreement,and before any progress Time,the Client may provide written notice requiring the payment need be made,the Contractor,after consultations with Contractor to remove from the Work any employee or other its Subcontractors, shall submit a Progress Schedule to the person carrying out the Work that the Client considers Client. Neither the Client nor the A/E will, however, be objectionable. If the Work is being performed at a site in required to review or approve the substance or sequence of the active school use or where there is a likelihood of contact with Progress Schedule, which are the Contractor's sole children,a person shall be unfit and removed from the site if responsibility. The Contractor will be responsible for planning, he or she is a registered sex offender or has pled guilty to or scheduling,managing,and reporting the progress of the Work has been convicted of any felony crime involving the physical in accordance with all of the specific methods and submittals injury or death of a child(RCW 9A.32 or RCW 9A.36 but not described in the Contract Documents. The Contractor shall use RCW 46.61--motor vehicle violation),the physical neglect of the Contract Schedule to plan, coordinate, and prosecute the a child(RCW 9A.42),sexual offenses against a minor(RCW Work in an orderly and expeditious manner. 9A.44),sexual exploitation of a child(RCW 9.68A),the sale or purchase of a minor child(RCW 9A.64.030),promoting 10.9 Clean-Up. The Contractor shall keep the prostitution of a child(RCW 9A.88),or violation of similar premises and surrounding area free from accumulation of waste laws of another jurisdiction. Failure to comply with this materials or rubbish caused by operations under the Agreement. section shall be grounds for the immediate termination of this Prior to completion of the Work or at the Client's request,the Agreement for cause. Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction 10.4 Warranty. The Contractor warrants that equipment,machinery and surplus materials. If the Contractor materials and equipment furnished under the Agreement will be fails to do so,the Client may do so and charge to the Contractor of good quality and new,that the Work will be performed in a all costs incurred. skillful and workmanlike manner,free from defects not inherent in the quality required or explicitly permitted,and that the Work 10.10 Access. The Contractor shall provide will conform to the requirements of the Contract Documents. KCDA, the Client, the A/E and their respective consultants The Client may conclude that Work not conforming to these access to the Work wherever located. requirements, including substitutions or deviations from the drawings or specifications not properly approved and 10.11 Royalties and Patents. The Contractor shall authorized, is defective. The Contractor's warranty excludes pay all royalties and license fees, shall defend suits or claims remedy for damage or defect caused by abuse, modifications for infringement of patent rights and shall hold KCDA, the not executed by the Contractor, improper or insufficient Client, and the A/E harmless from loss on account thereof, maintenance, improper operation, or normal wear and tear unless the Contract Documents require the particular infringing under normal usage. design, process or product of a particular manufacturer or manufacturers. 10.5 Taxes and Fees. In accordance with Article 3,KCDA shall invoice the Client and pay all sales tax. 10.12 Indemnification. Subject to the following The Contractor shall pay all other consumer, use, B & 0, and conditions and to the fullest extent permitted by law, the Agreement between Client,KCDA and Contractor- Washington Page 6 156691459.1 Contractor shall defend,indemnify,and hold harmless KCDA, and are available at http://www.lni.wa.gov/ the Client,and the A/E and their respective agents,employees, TradesLicensing/PrevWage/WageRates/default.asp. A copy is directors, officers, consultants, successors and assigns available for viewing at the Client's office,and a hard copy will ("Indemnified Parties")from and against all claims,damages, be mailed upon request. To the extent that there is any losses and expenses, direct and indirect, or consequential, discrepancy between the attached or provided schedule of including but not limited to costs and attorneys' fees incurred prevailing wage rates and the published rates as are applicable on such claims and in proving the right to indemnification, under WAC 296-127-011,or if no schedule is attached,then the arising out of or resulting from performance of the Work,any applicable published rates shall apply at no increase to the act or omission of the Contractor, its agents, any of its Contract Sum. The Contractor shall provide the respective Subcontractors of any tier, and anyone directly or indirectly Subcontractors with a schedule of the applicable prevailing employed by the Contractor or Subcontractors of any tier wage rates. The Industrial Statistician will answer questions ("Indemnitor"). The Contractor will fully defend, indemnify, relating to prevailing wage data upon request. and hold harmless the Indemnified Parties for the sole negligence of the Indemnitor. The Contractor will defend, 10.13.2 Pursuant to RCW 39.12.060, in case any indemnify, and hold harmless the Indemnified Parties for the dispute arises as to what are the prevailing rates of wages for concurrent negligence of the Indemnitor to the extent of the work of a similar nature,and such dispute cannot be adjusted Indemnitor's negligence. The Contractor agrees to being added by the parties in interest, including labor and management by KCDA or the Client as a party to any mediation,arbitration, representatives,the matter shall be referred for arbitration to the or litigation with third parties in which KCDA or the Client director of the Department of Labor and Industries, whose alleges indemnification or contribution from an Indemnitor. decision therein shall be final and conclusive and binding on all The Contractor agrees that all of its Subcontractors of any tier parties involved in the dispute. will, in the subcontracts, similarly stipulate; in the event any does not, the Contractor shall be liable in place of such 10.13.3 The Contractor shall defend, indemnify and Subcontractor(s). To the extent a court or arbitrator strikes any hold the Client harmless, including attorneys' fees, from any portion of this indemnification provision for any reason, all violation or alleged violation of RCW 39.12 ("Prevailing remaining provisions shall retain their vitality and effect. In Wages on Public Works") and RCW 51 ("Industrial claims against any person or entity indemnified under this Insurance"), including without limitation RCW 51.12.050,by Section 10.12 by an employee of the Contractor, a the Contractor, any Subcontractor of any tier, or any person Subcontractor,anyone directly or indirectly employed by them performing Work on behalf of the Contractor or any or anyone for whose acts they may be liable, the Subcontractor of any tier. indemnification obligation under this Section 10.12 shall not be limited by a limitation on amount or type of damages, 10.14 The Contractor shall comply with all compensation or benefits payable by or for the Contractor or a applicable provisions of RCW 49.28. Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. After mutual 10.15 Pursuant to RCW 49.70 and WAC 296-307- negotiation of the parties,the Contractor waives immunity as to 560 et seq.,the Contractor shall provide KCDA and the Client the Client, KCDA, the A/E and their consultants only under copies of and have available at the Project Site a workplace Title 51 RCW, "Industrial Insurance." IF THE survey or material safety data sheets for all "hazardous" CONTRACTOR DOES NOT AGREE WITH THIS WAIVER, chemicals under the control or use of Contractor or any IT MUST PROVIDE A WRITTEN NOTICE TO KCDA OR Subcontractor at the Project Site. AEPA ALONG WITH THE SUBMISSION OF ITS BID TO KCDA OR AEPA, OR THE CONTRACTOR WILL BE 10.16 The Contractor shall maintain and preserve DEEMED TO HAVE NEGOTIATED AND WAIVED THIS for at least three years from the date of final payment books, IMMUNITY. The provisions of this Section shall survive the ledgers, records, documents, estimates, bidding documents, expiration or termination of this Agreement. correspondence, logs, schedules, electronic data and other evidence relating or pertaining to the costs incurred by the 10.13 Prevailing Wages. Contractor in connection with or related to the Agreement and/or performance of the Contract("records")to such extent 10.13.1 Pursuant to RCW 39.12,no worker, laborer, and in such detail as will properly reflect and fully support or mechanic employed in the performance of any part of this compliance with the Contract Documents and with all costs, Agreement shall be paid less than the"prevailing rate of wage" charges and other amounts of whatever nature for which (in effect as of the date that bids are due)as determined by the reimbursement or payment is or may be claimed under the Industrial Statistician of the Department of Labor and Contract. The Contractor agrees to make available at all Industries, ESAC Division, PO Box 44540, Olympia WA reasonable times at the office of the Contractor all such records 98504-4540,Telephone(360)902-5335. The schedule of the for inspection, audit and reproduction (including electronic prevailing wage rates for the locality or localities where this reproduction) by KCDA and the Client and their Work will be performed is attached and made a part of this representatives. These requirements shall be applicable to each Agreement by reference as though fully set forth herein; if not Subcontractor of any tier and included in each Subcontract and attached,then the applicable prevailing wages are determined purchase order issued with respect to the Work. The Contractor as of the Bid Date for the county in which the Project is located agrees, on behalf of itself, its representatives, and Agreement between Client,KCDA and Contractor-Washington Page 7 15669 t459.1 Subcontractors of any tier and their representatives, that any 10.17.5 The Contractor shall report apprentice rights under RCW 42.56 will commence at Final Acceptance, participation to the Client at least monthly,on forms provided and that the invocation of such rights at any time by the or approved by the Client. In addition, copies of monthly Contractor or a Subcontractor of any tier or any of their certified payroll records may be requested to document the goal representatives shall initiate an equivalent right to disclosures including copies with any birthdates and social security from the Contractor and Subcontractors of any tier for the numbers (and any other sensitive personal information) benefit of KCDA and the Client. Because of the importance of redacted so as such copies may be used to respond to any public the access of such records to the Client in the case of a Claim, records requests.The reports will include: if the Contractor or any Subcontractor fails to fully comply with the requirements of this section with regard to any Claim,such .1 The name of the Project; Claim shall be deemed to be waived. .2 The dollar value of the Project; .3 The date of the Contractor's notice to proceed; 10.17 Apprenticeship. If the Contract Sum is one .4 The name of each apprentice and apprentice million dollars or more(see Section 3.1 of the Agreement),then registration number; this Section 10.17 and RCW 39.04.320 shall apply. This .5 The number of apprentices and labor hours worked Section 10.17 shall not apply and shall have no effect upon by them,categorized by trade or craft; Projects where the Contract Sum is less than one million .6 The number of journey level workers and labor dollars. hours worked by them,categorized by trade or craft; and 10.17.1 Pursuant to RCW 39.04.320, no less than .7 The number,type,and rationale for the exceptions fifteen percent(15%)of the Labor Hours shall be performed by granted. apprentices,unless a different amount is permitted or otherwise required by law. Apprenticeship hours shall be performed by 10.18. Certified Payrolls. Contractor and its participants in training programs approved by the Washington Subcontractors of all tiers shall submit certified payrolls in State Apprenticeship Council. accordance with RCW 39.12.120. 10.17.2 "Labor Hours" means the total hours of ARTICLE 11 workers receiving an hourly wage who are directly employed SUBCONTRACTORS on the site of the public works project."Labor hours"includes hours performed by workers employed by the Contractor and 11.1 A "Subcontractor" is a person or entity that all Subcontractors working on the Project."Labor hours"does has a direct contract with the Contractor to perform a portion of not include hours worked by foremen,superintendents,owners, the Work at the site or to supply materials or equipment. A and workers who are not subject to prevailing wage "Subcontractor of any tier"includes Subcontractors as well as requirements of RCW 39.12. all direct and lower level sub-subcontractors and suppliers. 10.17.3 During the term of this Contract, the Client 11.2 As soon as practicable after award of the may adjust the apprenticeship labor hour requirement upon its Agreement, the Contractor shall confirm in writing to KCDA finding or determination that includes: and the Client the names of the Subcontractors for each portion of the Work. The Contractor shall not contract with any .1 A demonstration of lack of availability of Subcontractor to whom the Client has made reasonable and apprentices in the geographic area of the Project; timely objection or which is different from the one listed in .2 A disproportionately high ratio of material costs to conjunction with the bid. Contracts between the Contractor and labor hours that does not make feasible the required Subcontractors shall(1)require each Subcontractor to be bound minimum levels of apprenticeship participation; to the Contractor by the terms of the Contract Documents to the .3 Demonstration by participating contractors of a extent of the Work to be performed by the Subcontractor and to good faith effort to comply with the requirements of assume toward the Contractor all the obligations and RCW 39.04.300,39.04.310 and 39.04.320; responsibilities which the Contractor, by the Contract .4 Small contractors or subcontractors(e.g.,small or Documents, assumes toward KCDA and the Client, and (2) emerging businesses) would be forced to displace allow to the Subcontractor the benefit of all rights,remedies and regularly employed members of their workforce; redress afforded to the Contractor by these Contract .5 The reasonable and necessary requirements of the Documents. Contract render apprentice utilization infeasible at the required level (e.g., the number of skilled workers 11.3 The Contractor shall promptly pay (and required and/or limitations on the time available to secure the discharge of any liens asserted by) all persons perform the Work preclude utilization of apprentices); properly furnishing labor,equipment, materials or other items or in connection with the performance of the Work(including,but .6 Other criteria the Client deems appropriate,which not limited to, any Subcontractors). The Contractor shall are subject to review by the office of the Governor. furnish to KCDA and the Client such releases of liens and claims and other documents as KCDA or the Client may request from time to time to evidence such payment (and discharge). Agreement between Client,KCDA and Contractor-Washington Page 8 156691459.1 KCDA may, at its option, withhold payment, in whole or in agreement or disagreement with the cost or the method,if any, part, to the Contractor until such documents are so furnished. provided in the Construction Change Directive for determining The Contractor shall defend, indemnify, and hold harmless the proposed adjustment in the Contract Sum or Contract Time. KCDA and the Client from any liens,including all expenses and attorneys'fees. Nothing in the Contract Documents shall create 13.2 Changes in the Work shall be priced using the any obligation on the part of KCDA,the Client, or A/E to pay Contractor's unit prices and/or R.S.Means pricing as submitted or to see to the payment of any moneys due any Subcontractor in its Bid to KCDA or AEPA. If no such unit prices are listed of any tier or other person or entity,except as may otherwise be for the Changes in the Work,and if the parties cannot agree on required by laws and regulations. the cost or credit to KCDA and the Client from a Change in the Work, the Contractor shall keep and present, in such form as ARTICLE 12 KCDA or the Client may prescribe, an itemized accounting CONSTRUCTION BY CLIENT OR BY together with supporting data. The total cost of any Change or SEPARATE CONTRACTORS Claim shall be limited to the reasonable value of the following: 12.1 The Client reserves the right to perform 13.2.1 Direct labor costs: The effective construction or operations related to the Project with the W.D.O.L.&l. prevailing hourly wage for the laborers, Client's own forces and to award separate contracts in journeymen, and foremen performing and/or directly connection with other portions of the Project or other supervising the Changed Work on the site. The premium construction or operations on the site under conditions of the portion of overtime wages may not be included unless pre- contract identical or substantially similar to those of the approved in writing by the Client. The hourly cost shall be Contract Documents. The Contractor has the responsibility to based upon basic wages and mandatory fringe benefits and coordinate its Work with such separate contractors and the workers' insurances. Client's own forces. 13.2.2 Direct material costs: An itemization of the 12.2 The Contractor shall afford the Client and quantity of materials necessary to perform the Change in the separate contractors reasonable opportunity for the introduction Work and the net cost therefor. and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the 13.2.3 Construction equipment usage costs: An Contractor's construction and operations as required by the itemization of the actual length of time construction equipment Contract Documents. appropriate for the Work will be used solely on the Change in the Work at the Site times the lower of the actual rental receipt ARTICLE 13 or applicable current state,NECA,EquipmentWatch,or MCA CHANGES IN THE WORK rental cost. Actual,reasonable mobilization costs are permitted if the equipment is brought to the Site solely for the Change in 13.1 The Client, without invalidating the the Work. The rate for equipment necessarily standing by for Agreement, may order changes in the Work consisting of future use on the Work shall be 50% of the rate established additions, deletions or modifications ("Changes"), and the above. Contract Sum and Contract Time will be adjusted accordingly. Changes in the Work, the Contract Sum and/or the Contract 13.2.4 Cost of any change in insurance or bond Time shall be authorized only by written Change Order signed premium. Upon request, the Contractor shall provide KCDA by KCDA,the Client,the A/E and the Contractor or by written and the Client with supporting documentation. Construction Change Directive signed by the Client and the A/E. 13.2.5 Subcontractor costs: Payments the Contractor makes to Subcontractors for Changed Work 13.1.1 Change Orders. A Change Order is a written performed by Subcontractors of any tier. The cost of Work for instrument signed by KCDA, the Client, and the Contractor Subcontractors of any tier shall be determined in the same stating their agreement upon a change in the Work;the amount manner as prescribed in this Section 13.2. of the adjustment in the Contract Sum,if any;and the extent of the adjustment in the Contract Time,if any. I3.2.6 Fee: The allowance for all combined overhead, profit, and other costs, including all office, home 13.1.2 Construction Change Directives. A office,extended and site overhead(including project manager, Construction Change Directive is a written order prepared and project engineer,superintendent and general foreman time),and signed by the Client and the A/E that directs a change in the all delay and including impact costs of any kind, added to the Work and states a proposed basis for adjustment, if any, in the total cost to the Client of any Change Order or any Claim for Contract Sum or Contract Time,or both. It shall be used in the additional work or extra payment of any kind on this Project absence of total agreement on the terms of a Change Order. The shall be calculated consistent with the provisions of the KCDA Contractor shall promptly proceed with the change in the Work contract. The change order must be signed by both the Client described in the Construction Change Directive. As soon as and Contractor. possible,and within seven days of receipt,the Contractor shall advise KCDA and the Client in writing of the Contractor's Agreement between Client,KCDA and Contractor-Washington Page 9 156691459.1 13.3 Dispute Resolution. All claims, disputes Section 13.3.3. If the parties are unable to agree to a mediator and other matters in question of the Contractor, direct or within thirty days after KCDA and the Client's receipt of the indirect,arising out of,or relating to,the Contract Documents written request for mediation,any party may submit a request , or the breach thereof("Claims"), except Claims which have for mediation to the AAA. An officer of the Contractor and of been waived under the terms of the Contract Documents,shall KCDA and the Superintendent or designee of the Client, all be decided exclusively by the following dispute resolution having full authority to settle the Claim (subject only to procedure;claims that have been waived under the terms of the ratification by the Client's Board of Directors),must attend the Contract Documents are not permitted to be brought in any mediation session. To the extent there are other parties in forum. The Contractor shall diligently carry on the Work and interest,such as Subcontractors,their representatives,with full maintain the progress schedule during the dispute resolution authority to settle the Claim, shall also attend the mediation procedure, including any litigation proceedings, unless the session. Unless KCDA, the Client, and Contractor mutually parties mutually agree in writing otherwise. agree in writing otherwise,all unresolved Claims in the Project shall be considered at a single mediation session which shall 13.3.1 Notice of Claim. The Contractor shall submit occur prior to Final Acceptance by the Client. notice of all Claims to both KCDA and the Client in writing within seven days of the event giving rise to them and shall 13.3.5 Litigation. The Contractor may bring no include a clear description of the event and its probable effect. litigation on Claims unless such Claims have been properly Failure to comply with these requirements shall constitute raised and considered in the dispute resolution procedures of waiver of the Claim. Sections 13.3.1 through 13.3.4 above. All unresolved Claims of the Contractor shall be waived and released unless the 13.3.2 Claim Submission. Within 21 days of the Contractor has strictly complied with the time limits of the Notice of Claim,the Contractor shall provide both KCDA and Contract Documents, and litigation is served and filed within the Client in writing with a Claim, which shall include a clear the earlier of (a)120 days after the Date of Substantial description of the Claim,any and all changes in cost and in time Completion as designated in writing by the Client or(b)60 days to which the Contractor and its Subcontractors of any tier may after Final Acceptance. This requirement cannot be waived be entitled under this Agreement for the Claim, and data except by an explicit written waiver signed by KCDA, the supporting the Claim. The claim of a Subcontractor may be Client, and the Contractor. The pendency of a mediation brought only through the Contractor and only after the (calculated as the period from the written request for mediation Contractor notifies KCDA and the Client in writing that the through the day following the mediation proceeding)shall toll Contractor has reviewed and agrees with the Claim. No act, these filing requirements. omission, or knowledge, actual or constructive, of the Client shall in any way be deemed to be a waiver of the requirement 13.4 Notices and Claims. All notices and Claims for a timely written Claim unless the Client provides the shall be made in writing as required by the Agreement. Contractor with an explicit, unequivocal written waiver. Failure to comply with these requirements shall constitute 13.4.1 Any notice of a Claim of the Contractor waiver of the Claim. against KCDA or the Client and any Claim of the Contractor, whether under the Agreement or otherwise, must be made 13.3.3 Informal Resolution. KCDA and the Client pursuant to and in strict accordance with the applicable will make a determination of the Claim. If no determination is provisions of the Contract Documents. Failure to comply with made within two weeks of submission of the Claim,the Claim these requirements shall constitute waiver of the Claim. No act, shall be deemed rejected. If the Contractor disagrees with omission, or knowledge,actual or constructive,of KCDA,the KCDA and the Client's determination and wishes to pursue the Client,or the A/E shall in any way be deemed to be a waiver of Claim further, the Contractor must, within fourteen days of the requirement for timely written notice and a timely written receipt of the determination,provide KCDA and the Client with Claim unless KCDA, the Client, and the Contractor sign an a written request that a representative of the Contractor,KCDA, explicit, unequivocal written waiver approved by KCDA and and the Client meet, confer,and attempt to resolve the Claim. the Client's Board of Directors. This meeting will then take place at a mutually convenient time within thirty days of the request, unless the Client elects to 13.4.2 The fact that KCDA, the Client, and the proceed directly to mediation. Contractor may continue to discuss or negotiate a Claim that has or may have been defective or untimely under the Contract 13.3.4 Mediation. The Contractor may bring no shall not constitute waiver of the provisions of the Contract litigation against the Client or KCDA unless the Claim is first Documents unless KCDA, the Client, and Contractor sign an subject to non-binding mediation under the Construction explicit, unequivocal written waiver approved by the Client's Mediation Rules of the American Arbitration Association board of directors. ("AAA"). The Contractor is responsible for initiating the mediation process. This requirement cannot be waived except 13.4.3 The Contractor expressly acknowledges and by an explicit written waiver signed by KCDA,the Client,and agrees that the Contractor's failure to timely submit required the Contractor. To initiate the mediation process, the notices or timely submit Claims has a substantial impact upon Contractor shall submit a written mediation request to KCDA and prejudices KCDA and the Client,including but not limited and the Client within thirty days of the meeting undertaken in to the inability to fully investigate or verify the Claim,mitigate Agreement between Client,KCDA and Contractor-Washington Page 10 156691459.1 damages, choose alternative options, adjust the budget, delete 14.1 Within seven days of executing the or modify the impacted Work, and/or monitor time, cost and Agreement, the Contractor shall deliver any required bond to quantities. For these and other reasons,the parties stipulate that the Client with a copy to KCDA; no Progress Payments shall KCDA and the Client are prejudiced by the Contractor's failure be due until the bond is delivered. to timely submit notices or Claims as required by the Contract Documents. 14.2 If, through no fault of the Contractor or a Subcontractor of any tier, the Work is delayed at any time in 13.5 Claims for Concealed or Unknown progress of the Work by changes ordered in the Work, by Conditions. If conditions unknown to the Contractor are unanticipated general labor disputes, fire, unusual delay in encountered at the site which are (1) subsurface or otherwise deliveries,abnormal adverse weather conditions not reasonably concealed physical conditions that differ materially from those anticipatable, unavoidable casualties, delays caused by the indicated in the Contract Documents or(2) unknown physical Client or its separate contractors, or any causes beyond the conditions of an unusual nature, which differ materially from Contractor's control and for which it and its subcontractors of those ordinarily found and generally recognized as inherent in any tier are not responsible, or by other causes which may activities of the character provided for in the Contract justify delay, then the Contract Time shall be extended by Documents, then the Contractor shall give written notice to Change Order to the extent the critical path is affected. The KCDA and the Client promptly before conditions are disturbed Contractor (including Subcontractors) shall be entitled to and in no event later than seven days after the first observance damages for delay, the total limited to the liquidated rate of on the conditions. The Contractor shall make any Claim arising Section 2.3, only where KCDA or the Client's own actions or from such condition in accordance with the dispute resolution inactions were the actual, substantial cause of the delay and procedure in Section 13.3. where the Contractor could not have reasonably avoided the delay by the exercise of due diligence. If a delay was caused 13.6 Claims for Consequential Damages. The by the Contractor,a Subcontractor of any tier,or anyone acting Contractor, the Client, and KCDA waive Claims against each on behalf of any of them, the Contractor is not entitled to an other for consequential damages arising out of or relating to this increase in the Contract Time or in the Contract Sum. Agreement. This mutual waiver includes without limitation: 14.3 THE TIMELY COMPLETION OF THIS .1 damages incurred by KCDA or the Client for PROJECT IS ESSENTIAL TO KCDA AND THE CLIENT. rental expenses, for losses of use, income, profit, KCDA and the Client will incur serious and substantial financing, business and reputation, and for loss of damages if Substantial Completion of the Work does not occur management or employee productivity or of the within the Contract Time; however, it may be difficult if not services of such persons;and impossible to determine the amount of such damages. Consequently, this Agreement may include provisions for .2 damages incurred by the Contractor for liquidated damages. KCDA and the Client's right to liquidated principal and home office overhead and expenses damages is not affected by partial completion, occupancy, or including without limitation the compensation of beneficial occupancy. If this Agreement does not contain an personnel stationed there, for losses of financing, agreed amount for liquidated damages, KCDA and the Client business and reputation. for losses on other projects, may prove their actual damages. for loss of profit,and for interest or financing costs. ARTICLE 15 This mutual waiver is applicable to all consequential damages PAYMENTS AND COMPLETION of any cause, including without limitation due to either parry's termination in accordance with Article 20. Nothing contained 15.1 Progress Payments. Payments shall be in this Section 13.6 shall be deemed to preclude an award of made as provided in Articles 3 and 4 of this Agreement. If liquidated damages, when applicable, in accordance with the Progress payments are specified,they will be made monthly for requirements of the Contract Documents. Work duly approved and performed during the calendar month preceding the application according to the following procedure. 13.7 The Contractor(including Subcontractors of any tier) shall not in any event be entitled to damages arising 15.1.1 Draft Application. Within the first five days out of actual or alleged loss of efficiency; morale, fatigue, of each month, the Contractor shall submit to KCDA and the attitude,or labor rhythm;constructive acceleration;home office Client, for the Client's approval, a report on the current status overhead; expectant underrun; trade stacking; reassignment of of the Work as compared to the Progress Schedule and a draft workers; concurrent operations; dilution of supervision; itemized AIA Application for Payment for Work performed learning curve; beneficial or joint occupancy; logistics; ripple; during the prior calendar month. This shall not constitute a season change; extended overhead; profit upon damages for payment request. KCDA or the Client may request the delay; impact damages;or similar damages. Contractor to provide data substantiating the Contractor's right to payment, such as copies of requisitions or invoices from ARTICLE 14 Subcontractors. TIME Agreement between Client, KCDA and Contractor- Washington Page 11 I 56691459.1 15.12 Payment Request. The Client shall review provided in Section 15.4,KCDA shall make progress payments and approve the draft Application for Payment, or state its within 30 days of approval of the payment request by the Client. reasons for disapproval. Upon the Client's approval,and after the Contractor has furnished all data requested,the Contractor 15.4 Withheld Payments. Payments may be may submit to KCDA a payment request in the agreed-upon withheld on account of(1) defective Work not remedied, (2) amount, in the form of a notarized, itemized AIA Application claims filed by third parties, (3) failure of the Contractor to for Payment for Work performed during the prior calendar make payments properly to Subcontractors or for labor, month. KCDA shall re-verify the amounts with the Client and, materials or equipment or provide releases under once verified and approved by the CIient, will invoice the Section 11.3.1,(4)reasonable evidence that the Work cannot be Client, and KCDA shall make payment to Contractor from completed for the unpaid balance of the Contract Sum, (5) funds received from the Client. Payment from the Client to damage to KCDA, the Client, or another contractor, (6) KCDA is a condition precedent to payment from KCDA to the reasonable evidence that the Work will not be completed within Contractor. Among other things,the Application shall state that the Contract Time and that the unpaid balance would not be prevailing wages have been paid in accordance with the prefiled adequate to cover actual or liquidated damages for the statement(s) of intent to pay prevailing wages on file with anticipated delay, or (7) failure to carry out the Work in KCDA and the Client and that all payments due Subcontractors accordance with the Contract Documents. When KCDA from KCDA's prior payments have been made. The intends to withhold all or part of a payment for any of the submission of this Application constitutes a certification that foregoing reasons, KCDA will provide the Contractor, within the Work is current on the progress schedule,unless otherwise eight working days after KCDA's receipt of the Application for noted on the Application. If the Contractor believes it is entitled Payment, written notification of the reasons that all or part of to payment for Work performed during the prior calendar the payment is being withheld and what remedial actions the month in addition to the agreed-upon amount, the Contractor Contractor must take to receive the withheld amount. may submit to KCDA a separate written payment request specifying the exact additional amount due,the category in the 15.5 Substantial Completion. Schedule of Values in which the payment is due, the specific Work for which the additional amount is due, and why the 15.5.1 When the Contractor believes that the entire additional payment is due. Work is Substantially Complete,it shall notify KCDA and the Client in writing. When the Client agrees,the Client will issue 15.1.3 Payments to Subcontractors. No payment a Certificate of Substantial Completion. Substantial request shall include amounts the Contractor does not intend to Completion is the stage in the progress of the Work when the pay to a Subcontractor. If,after making a request for payment construction is sufficiently complete, in accordance with the but before paying a Subcontractor for its performance covered Contract Documents, so the Client can fully utilize the Work by the payment request,the Contractor discovers that part or all (or the designated portion thereof)for the use for which it is of the payment otherwise due to the Subcontractor is subject to intended. All Work other than incidental corrective or punchlist withholding from the Subcontractor for unsatisfactory work and final cleaning shall have been completed. The Work performance or other reasons,the Contractor may withhold the is not Substantially Complete if all systems and parts affected amount as allowed under the subcontract,but it shall give the by the Work are not usable,if an occupancy permit(temporary Subcontractor and KCDA and the Client written notice of the or final)has not been issued,or if utilities affected by the Work remedial actions that must be taken as soon as practicable after are not connected and operating normally. The fact that the determining the cause for the withholding but before the due Client may use or occupy the Work or designated portion date for the Subcontractor payment,and pay the Subcontractor thereof does not indicate that the Work is Substantially within eight working days after the Subcontractor satisfactorily Complete, nor does such occupation toll or change any completes the remedial action identified in the notice. liquidated damages due KCDA. 15.2 Prevailing Wages. Pursuant to RCW 15.5.2 Immediately before partial or complete 39.12, the Contractor will not receive any payment until the occupancy, the Client will schedule an inspection tour of the Contractor and all Subcontractors have submitted a"Statement area to be occupied. A representative of KCDA and/or the of Intent to Pay Prevailing Wage"to KCDA and the Client. The Client,A/E and Contractor will jointly tour the area and record statement must have the approval of the Industrial Statistician items still remaining to be finished and/or corrected. The of the Department of Labor and Industries before it is submitted Contractor shall supply and install any items missed by the to KCDA and the Client. The Contractor and the respective inspection but required or necessary for Final Completion as a Subcontractors shall pay all fees required by the Department of part of the Contract Sum, notwithstanding their not being Labor and Industries, including fees for the approval of the recorded during the inspection tour. "Statement of Intent to Pay Prevailing Wages." Approved copies of the "Statement of Intent to Pay Prevailing Wages" 15.6 Final Payment. Pursuant to RCW 60.28, must be posted where workers can easily read them. completion of the Contract Work shall occur after the Contractor has notified KCDA and the Client in writing that the 15.3 Progress payments. Unless the Client Work has been concluded and submits the items listed below to informs the Contractor that a payment will be withheld as KCDA and the Client,any required occupancy permit has been issued, and the Client's Board formally accepts the Project Agreement between Client,KCDA and Contractor- Washington Page 12 156691459.1 ("Final Acceptance"). Final Payment shall not become due moneys that the latter or the Client may be compelled to pay in until after Final Acceptance. Before Final Acceptance, the discharging such lien, including all costs and reasonable Contractor must have submitted the following to the Client: attorneys' fees. .1 An affidavit that all payrolls, Subcontractors, bills Final payment shall be made pursuant to RCW 60.28 for materials and equipment, and other indebtedness after the Contractor has properly submitted certificates from the connected with the Work for which the Client or its Department of Revenue, the Department of Labor and property might in any way be responsible or Industries and, pursuant to RCW 50.24, a certificate from the encumbered,have been paid or otherwise satisfied, Department of Employment Security. .2 consent of surety to final payment, 15.7 Waivers. .3 a certificate evidencing that insurance required by 15.7.1 Final Payment by KCDA. The making of the Contract Documents to remain in force after final final payment shall constitute a waiver of claims by KCDA and payment is currently in effect and will not be canceled the Client except those arising from (1)liens, claims, security or allowed to expire until at least 30 days'prior written interests, or encumbrances arising out of the Agreement and notice has been given to KCDA and the Client, unsettled; (2) failure of the Work to comply with the requirements of the Contract Documents; or (3) terms of .4 a written statement that the Contractor knows of no warranties required by the Contract Documents or law. substantial reason why the insurance will not be renewable to cover the period required by the Contract 15.7.2 Final Payment to Contractor. Acceptance of Documents, final payment by the Contractor shall constitute a waiver of Claims except those previously made in writing and identified .5 other data establishing payment or satisfaction of in writing as unsettled on the final Application for Payment. or protection (satisfactory to KCDA and the Client) against all obligations, such as receipts, releases and 15.7.3 Change Orders. The execution of a Change waivers of liens arising out of the Agreement, Order shall constitute a waiver of Claims by the Contractor satisfactorily demonstrating to KCDA and the Client arising out of the Work to be performed or deleted pursuant to that the claims of Subcontractors and laborers who the Change Order, except as specifically described in the have filed claims have been paid, Change Order. If the Contractor adds to a Change Order or any other document a reservation of rights that has not been initialed .6 pursuant to RCW 39.12.040, an "Affidavit of by KCDA and the Client, all the amounts previously agreed Wages Paid" from the Contractor and from each shall be considered disputed and not yet payable unless the Subcontractor certified by the Industrial Statistician of costs are re-negotiated or the reservation is withdrawn or the Department of Labor and Industries,with fees paid changed in a manner satisfactory to and initialed by KCDA and by the Contractor or Subcontractor, the Client. If KCDA makes payment for a Change Order or an Application for Payment that contains a reservation of rights not .7 a certified statement that the Contractor has closed initialed by KCDA and the Client to indicate agreement with all necessary permits or otherwise met the the reservation, and if the Contractor accepts such payment, requirements of all governing jurisdictions related to then the reservation of rights shall be deemed waived, this Project(including,without limitation,city/county withdrawn,and of no effect. building departments, health districts and utility districts; attach a copy of each of these closed or 15.8 Retainage. signed-off permits), 15.8.1 Progress Payments: .8 all warranties, guarantees,certificates, spare parts, specified excess material, and other documents or .1 Pursuant to RCW 60.28, KCDA will reserve 5% items required by the Contract Documents,and from the moneys the Contractor earns on estimates during the progress of the Work, to be retained as a .9 a hard copy of the "record" drawings and trust fund for the protection and payment of the claims specifications, delivered in a clear, clean and legible of any person arising under the Agreement and the condition. state with respect to taxes imposed pursuant to Title 82 RCW which may be due from the Contractor. If any Subcontractor of any tier refuses to furnish a release or waiver required by KCDA of the Client,KCDA may .2 The moneys reserved may, at the option of the retain in the fund, account, or escrow funds such amount as to Contractor, be (1) retained in a fund by KCDA until defray the cost of foreclosing the liens of such claims and to pay 45 days following Final Acceptance; or(2)deposited attorneys' fees,the total of which shall be no less than 150%of by KCDA in an interest-bearing account in a bank, the claimed amount. if any such lien remains unsatisfied after mutual savings bank,or savings and loan association, all payments are made,the Contractor shall refund to KCDA all not subject to withdrawal until 45 days following Final Agreement between Client, KCDA and Contractor-Washington Page 13 156691459.1 Acceptance, with interest to the Contractor; or (3) may be liable and for which the Contractor is responsible, placed in escrow with a bank or trust company until 45 except for damage or loss attributable to acts or omissions of days following the Final Acceptance, by KCDA's KCDA,the Client,or A/E or by anyone for whose acts any of joint check to the bank or trust company and the them may be liable, and not attributable to the fault or Contractor,to be converted into bonds and securities negligence of the Contractor or a Subcontractor of any tier. The chosen by the Contractor, approved by KCDA, and foregoing obligations of the Contractor are in addition to the held in escrow, with interest on the bonds and Contractor's obligations under Section 10.12. securities paid to the Contractor as it accrues. 16.3 The Contractor shall not be required to .3 If moneys are retained from the Contractor,it may perform without consent any Work relating to asbestos or retain payment of not more than 5%from the moneys polychlorinated biphenyl ("PCB")unless specifically required earned by any Subcontractor, provided that the by the Contract Documents. Contractor pays interest to the Subcontractor at the same interest rate it receives from its reserved funds. 16.4 The Contractor shall bear the risk of any loss, damage or destruction of its own property, including without 15.9 Warranty of Title. The Contractor warrants limitation its tools, trailers and equipment, whether rented or and guarantees that title to Work, materials and equipment owned, to the extent that they will not be incorporated in the covered by an Application for Payment, whether incorporated Work. Any insurance provided by the Client will not cover any in the Project or not, will pass to the Client no later than the such loss,damage or destruction. time of payment, free and clear of liens. The Contractor shall promptly pay(and secure the discharge of any liens asserted by) 16.5 If the scope of the Work requires the all persons properly furnishing labor, equipment, materials or Contractor to perform Work relating to hazardous materials,the other items in connection with the performance of the Work Contractor shall be responsible to take all reasonable (including, but not limited to, any Subcontractors). The precautions to prevent foreseeable bodily injury or death Contractor shall furnish to the Client such releases of claims resulting from such materials or substances,and to dispose of and other documents as may be requested by the Client from such materials as required by the Contract Documents and all time to time to evidence such payment (and discharge). The applicable state and federal laws and regulations. The Client may,at its option,withhold payment,in whole or in part, Contractor shall defend, indemnify, and hold harmless the to the Contractor until such documents are so furnished. The Client, its consultants, the A/E, and their respective agents, Contractor shall indemnify and hold harmless the Client from employees, consultants, successors and assigns from and any liens,including all expenses and attorneys' fees. against any and all claims to the extent of the Contractor's failure to abide by such Contract Documents and all applicable ARTICLE 16 state and federal laws and regulations. PROTECTION OF PERSONS AND PROPERTY ARTICLE 17 16.1 The Contractor shall have the right to control INSURANCE AND BONDS and shall be solely responsible for, and neither KCDA, the Client,nor the ALE shall have responsibility for,all aspects of 17.1 Contractor's Liability Insurance. safety, including initiating, maintaining, and supervising all safety precautions and programs in connection with the 17.1.1 The Contractor shall purchase from and performance of the Agreement. The Contractor shall take maintain during the life of this Agreement,at its own cost in a reasonable precautions for safety of, and shall provide company or companies admitted to do business in the State of reasonable protection to prevent damage, injury or loss to (1) Washington,possessing a Best's policy holder's rating of A-or employees on the Work and other persons who may be affected better and a financial rating of no less than VII,and reasonably thereby; (2) the Work and materials and equipment to be acceptable to KCDA and the Client, an occurrence-based incorporated therein; and (3) other property at the site or Commercial General Liability Insurance Policy which shall adjacent thereto. The Contractor shall maintain the Work site provide bodily injury and property damage liability on the and perform the Work in a manner that meets statutory and Contractor's operations, including its Subcontractors of any common-law requirements for the provision of a safe place to tier; owned, non-owned and hired vehicles; and on work the work. This requirement shall apply continuously and not be Contractor may subcontract or sublet to others; and on the limited to working hours. indemnity provisions of this Agreement. This insurance will name KCDA and the Client and their employees as additional 16.2 The Contractor shall give notices and comply insureds per Additional Insured Owner's (Form B) for Work with applicable laws,ordinances,rules, regulations and lawful performed under this Agreement. The Contractor's policy shall orders of public authorities bearing on safety of persons and be designated primary coverage for both defense and property and their protection from damage,injury,or loss. The indemnity, and any KCDA or Client policies excess. Such Contractor shall promptly remedy damage and loss to property limits of liability insurance shall have per project general at the site caused in whole or in part by the Contractor, a aggregate provisions and shall not be less than the following: Subcontractor of any tier, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they Agreement between Client,KCDA and Contractor-Washington Page 14 156691459.1 .1 $1,000,000 Combined Single Limit protection for or to so notify KCDA and the Client,than the Contractor shall both bodily injury and property damage liability per bear all costs properly attributable thereto. KCDA MAY occurrence and$2,000,000 general aggregate; WITHHOLD PAYMENT PENDING RECEIPT OF ALL CERTIFICATES OF INSURANCE. Failure to withhold .2 $1,000,000 per accident for bodily injury liability payment shall not constitute a waiver. including sickness, disease or death and property damage liability because of damage to or destruction 17.1.7 KCDA's specification or approval of the of property of others, including loss of use thereof insurance in this Agreement or of its amount shall not relieve or arising out of the operation of automobiles. decrease the liability of the Contractor under the Contract Documents or otherwise. Coverages are the minimum to be .3 $1,000,000 for personal injury liability coverage provided and are not limitations of liability under the Contract, included and defined in the Commercial General indemnification,or applicable law provisions. The Contractor Liability insurance policy for damages which are may, at its expense, purchase larger coverage amounts or sustained by (1) a person as a result of an offense additional insurance. directly or indirectly related to employment of such person by the Contractor,or(2)by another person. 17.2 Property Insurance. .4 $1,000,000 for claims involving blanket contractual 17.2.1 The requirements for property insurance are liability insurance (included and defined in the addressed in Article 6 above. Commercial General Liability Insurance Policy) applicable to the Contractor's obligations under 17.3 Waivers of Subrogation. Section 10.12. 17.3.1 KCDA,the Client,and the Contractor waive .5 In addition, the Contractor shall maintain a true all rights against each other and any of their subcontractors of umbrella policy that provides excess limits over the any tier, the A/E, their consultants, separate contractors primary layer,in an amount not less than$2,000,000. described in Article 12 (if any), and any of their respective agents and employees, for damages caused by fire or other 17.1.2 The insurance described above shall include causes of loss to the extent covered by property insurance coverage for underground,collapse and explosion exposures. obtained pursuant to Articles 6 and 17.2 or other property insurance applicable to the Work, except such rights as they 17.1.3 In addition,the Contractor shall purchase and have to proceeds of such insurance held by the Client as maintain insurance for claims under workers' compensation fiduciary. KCDA and the Client do not waive their subrogation (industrial insurance), disability benefit and other similar rights to the extent of the Client's property insurance on employee benefit acts in the State statutory amount and structures or portions of structures that do not comprise the Employer's Liability with coverage of at least Work. A waiver of subrogation shall be effective as to a person $250,000/$500,000. or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not 17.1.4 Before commencing the Work or exposure to pay the insurance premium directly or indirectly,and whether loss can occur, and, in any event, within ten days after KCDA or not the person or entity had an insurable interest in the has issued its notice of intent to award contract,the Contractor property damaged. shall furnish KCDA and the Client with Certificates of Insurance,in duplicate,as evidence of all insurance required by 17.4 Payment and Performance Bond. the Contract Documents. All policies and certificates must be signed copies and shall contain provision that coverages 17.4.1 Pursuant to RCW 39.08, the Contractor is afforded under the policies cannot be materially altered, required to submit payment and performance bonds secured allowed to expire or canceled without first giving 45 days from a surety company licensed to do business in the State of written notice by certified mail to KCDA and the Client. The Washington. The Contractor shall pay for the bonds in the full Contractor shall furnish to KCDA and the Client copies of any amount of the Contract Sum plus sales tax. Within seven days subsequently issued endorsements amending, modifying, of entering into the Agreement,the Contractor shall deliver two altering,or restricting coverage of limits. copies of the bond(including the original bond)to KCDA and one copy each to the Client and the A/E. The price of the bond 17.1.5 Coverage shall be maintained without will be added to the total contract amount to be paid by the interruption from the date of commencement of the Work until Client. KCDA MAY DECLINE TO EN l'F,R INTO THE the date of Final Acceptance,except for any coverage required CONTRACT IF EVIDENCE OF BONDABILITY IS NOT to be maintained after Final Acceptance. Completed operations RECEIVED, AND THE CLIENT MAY WITHHOLD ITS coverage shall remain in force for three years after Final NOTICE TO PROCEED AND/OR WITHHOLD PAYMENT Acceptance. TO THE CONTRACTOR UNTIL SUCH SURETY BOND IS RECEIVED. 17.1.6 If KCDA or the Client is damaged by the failure of the Contractor to maintain any of the above insurance Agreement between Client, KCDA and Contractor- Washington Page 15 1 5669 1 45 9.1 ARTICLE 18 RCW 39.06.010 (unregistered or unlicensed contractors) or CORRECTION OF WORK RCW 39.12.065(3)(prevailing wage violations). 18.1 The Contractor shall promptly and within no 19.4 Law Against Discrimination. Contractor more than fourteen (14) days of notice from the Client or shall comply with pertinent statutory provisions relating to KCDA correct Work rejected or failing to conform to the public works of RCW 49.60. requirements of the Contract Documents at any time through a period of one year from the date of Substantial Completion of 19.5 Provisions for Aged and Handicapped the Agreement or by terms of a longer manufacturer's warranty Persons. Contractor shall comply with pertinent statutory or an applicable special warranty required by the Contract provisions relating to public works of RCW 70.92. Documents. The provisions of this Article apply to Work done by Subcontractors of any tier as well as to Work done by direct 19.6 Safety Standards. Contractor shall comply employees of the Contractor. with pertinent provisions of Chapter 296-155 WAC, "Safety Standards for Construction Work." 18.2 If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract 19.7 Unemployment Compensation. Pursuant Documents or fails to carry out the Work in accordance with to RCW 50.24 in general and RCW 50.24.130 in particular,the the Contract Documents,KCDA and/or the Client,by a written Contractor shall pay contributions for wages for personal order,may order the Contractor to stop the Work,or any portion services performed under this Agreement or arrange for a bond thereof,until the cause for such order has been eliminated. acceptable to the commissioner. 18.3 Nothing contained in this Article shall be 19.8 Drug-Free Workplace. The Contractor and construed to establish a period of limitation with respect to all Subcontractors shall fully comply with all applicable federal, other obligations which the Contractor might have under the state, and local laws and regulations regarding drug-free Contract Documents. Establishment of the time period of one workplace, including the Drug-Free Workplace Act of 1988. year as described above relates only to the specific obligation Any person not fit for duty for any reason,including the use of of the Contractor to correct the Work and has no relationship to alcohol, controlled substances, or drugs, shall immediately be the time within which the obligation to comply with the removed from the Work. Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish 19.9 Tobacco-Free Environment. Smoking or the Contractor's liability with respect to the Contractor's use of any kind of lighted pipe, cigar, cigarette or any other obligations other than specifically to correct the Work. lighted smoking equipment, material or smokeless tobacco products,including vaping,is prohibited on all Client property. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.10 Asbestos Removal. To the extent this Project involves asbestos removal,the Contractor shall comply 19.1 Applicable Law and Venue. The with RCW 49.26 and any provisions of the Washington Agreement shall be governed by the laws of the State of Administrative Code promulgated thereunder. Washington,without regard to its choice of law provisions. The exclusive venue for any litigation regarding this Agreement 19.11 Assignment. The Contractor shall not let, shall be in the Superior Court in the county in which the Project delegate duties under,assign or transfer this Agreement,or any is located. interest in it or part of it, without the prior written consent of KCDA and the Client. 19.2 Statutes. The Contractor shall abide by the provisions of all applicable Washington statutes. The statutes 19.12 Weapons. The Contractor and its referenced in the Contract Documents are not meant to be a employees, agents, and Subcontractors of any tier shall not complete list and should not be relied upon as such. bring onto the Project site or onto any Client property any firearm or any other type of weapon described in either 19.3 Contractor Registration and Related RCW 9.41.280(1)or RCW 9.41.250. Any person violating this Requirements. Pursuant to RCW 39.06, the Contractor shall Section shall immediately be removed from the Work,and such be registered or licensed as required by the laws of the State of a violation shall be grounds for a termination of this Agreement Washington, including but not limited to RCW 18.27. The for cause at the Client's discretion. Contractor shall: have a current state unified business identifier number;have industrial insurance coverage for the Contractor's 19.13 Contaminated Properties. To the extent employees working in Washington as required in Title 51 this Project involves the remediation of contaminated property, RCW; have an employment security department number as the Contractor shall comply with RCW 64.44 and 70.105D and required in Title 50 RCW; have a state excise tax registration any provisions of the Washington Administrative Code number as required in Title 82 RCW, and; not be disqualified promulgated thereunder, including the use of authorized from bidding on any public works contract under contractors as provided in RCW 64.44.060. Agreement between Client,KCDA and Contractor-Washington Page 16 156691459.1 19.14 Disposal of Materials. To the extent this .1 The amount due under Articles 4 and 15 of this Project involves the remediation of contaminated property,the Agreement for the performance of the Work actually Contractor shall comply with all applicable requirements of performed;and RCW 70.95 and any provisions of the Washington Administrative Code promulgated thereunder. .2 Other pre-approved costs, consistent with Section 13.2,necessary and reasonably incurred in connection ARTICLE 20 with the termination of Work. TERMINATION OF THE CONTRACT The total sum to be paid to the Contractor under this Section 20.1 Termination for Cause by Contractor. If 20.3 shall not exceed the Contract Sum as reduced by the KCDA fails to make payment for a period of 60 days through amount of payments otherwise made. no fault of the Contractor and has been given approval by the Client,the Contractor may,upon seven additional days'written 20.4 Effects of Termination. notice to KCDA, terminate the Agreement and recover from KCDA payment for all Work properly executed and for proven 20.4.1 Unless the Client directs otherwise, after loss with respect to materials, equipment, tools, and receipt of a Notice of Termination from the Client pursuant to construction equipment and machinery, including Fees Sections 20.2 or 20.3,the Contractor shall promptly: applicable thereto. .1 stop Work under the Agreement on the date and as 20.2 Termination for Cause by Client. The specified in the Notice of Termination; Client may, upon seven days'written notice to the Contractor, terminate(without prejudice to any right or remedy of KCDA .2 place no further orders or subcontracts for or the Client) the whole or any portion of the Work for cause, materials, equipment, services or facilities, except as including but not limited to the following circumstances: may be necessary for completion of any portion of the Work that is not terminated; .1 the Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure the .3 procure cancellation of all orders and subcontracts, Completion of the Work within the Contract Time; upon terms acceptable to the Client,to the extent that they relate to the performance of Work terminated; .2 the Contractor is in material default of or materially breaches any provisions of this Agreement; .4 assign to the Client all of the right,title and interest of the Contractor under all orders and subcontracts, in .3 the Contractor is adjudged bankrupt, makes a which case the Client shall have the right, in its general assignment for the benefit of its creditors,or if discretion,to settle or pay any or all claims arising out a receiver is appointed on account of its insolvency; of the termination of such orders and subcontracts; .4 the Contractor fails to supply a sufficient number .5 with the Client's approval, settle all outstanding of properly skilled workers or proper materials; liabilities and all claims arising out of such termination of orders and subcontracts not assigned to the Client; .5 the Contractor fails to make prompt payment to Subcontractors or for materials or labor; .6 transfer title and deliver to the entity or entities designated by the Client the fabricated or unfabricated .6 the Contractor materially disregards laws, parts, Work in process, partially completed supplies ordinances, rules, regulations or orders of any public and equipment, materials, parts, tools, dies,jigs and authority having jurisdiction;or other fixtures, completed Work, supplies and other material produced as part of,or acquired in connection .7 the Contractor fails to comply with the provisions with the performance of,the Work terminated,and the of RCW 28A.400.330 by permitting a worker on the completed or partially completed plans, drawings, Project having contact with children who has been information and other property related to the Work; convicted of or pled guilty to a felony crime involving children as described in Section 10.3. .7 use its best efforts to sell any property of the types referred to in Section 20.4.1.6. The Contractor may 20.3 Termination for Convenience by Client. The acquire any such property under the conditions Client may,at any time upon seven days'written notice to the prescribed by and at a price or prices approved by the Contractor,terminate(without prejudice to any right or remedy Client, and the proceeds of any such transfer or of the Client or KCDA)the whole or any portion of the Work disposition may be applied in reduction of any for the convenience of KCDA and the Client. The Client shall payments to be made by the Client to the Contractor; be liable to Contractor only for those costs reimbursable to Contractor in accordance with the following: .8 take such action as may be necessary or as directed by the Client to preserve and protect the Work and Agreement between Client, KCDA and Contractor- Washington Page 17 156691459.1 property related to this Project in the possession of the Contractor in which the Client has an interest;and .9 continue performance only to the extent not terminated. 20.4.2 In arriving at any amount due the Contractor after termination,the following deductions shall be made: .1 all unliquidated advance or other prior payments on account made to the Contractor applicable to the terminated portion of the Agreement; .2 any claim which KCDA or the Client may have against the Contractor; .3 an amount necessary to protect KCDA and the Client against outstanding or potential liens or claims; and .4 the agreed price for or the proceeds of sale of any materials, supplies or other things acquired by the Contractor or sold, pursuant to the provisions of Section 20.4.1.7, and not otherwise recovered by or credited to KCDA. 20.4.3 If(and only if) the termination pursuant to Section 20.3 is partial,the Contractor may file a Claim for an equitable adjustment of the price or prices specified in the Agreement relating to the continued portion of the Agreement. The Contractor must assert any Claim for an equitable adjustment under this subparagraph within twenty-one days from the effective date of the Termination. 20.4.4 The Contractor shall refund to KCDA any amounts KCDA paid to the Contractor in excess of costs reimbursable under Section 20.3. 20.4.5 The damages and relief from termination by the Client specifically provided in Article 20 shall be the Contractor's sole entitlement in the event of termination. 20.4.6 When this Agreement refers to a termination, it is understood that the termination is of this Agreement, the Purchase Order,and all related contract documents,but not of any contract between KCDA and the Contractor that is not specific to this Project and this Client. End of Section Agreement between Client,KCDA and Contractor-Washington Page 18 156691459.1 Proposal for Jefferson County Parks and Rec/Public Works Prepared by GREAT WESTERN 10-07-2024 Job # 104247-09 JUMP Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install i . -,.. , .s ,.... t , .- -4- ' ' ' # At. ' ,"I- mailir .4,, ' - -. . :. \149111r ''. ' ''' 7: I'***k h A. (GameTime) 253-988-7102 1 www.gwpark.com Jump Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 - Project 104247-09-Opt 2 Chimacum, WA +4" iF yy�,, ' ".� s A ° s Vf + _ t #a , 48 k b 'a a": ,�k` *. 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F:435 245.5057 Lindseygwpark.com GREAT WESTERN RECREATION Jump Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 - Project 104247-09-Opt 2 Chimacum,WA ,Tiz , , .K, Y z'fit I. r i` f S 5 ' � B+ �3 e , .4,... _ ... .,.. . 1 li 1 J. ..„---- ......,, c ..,.... i 2 i „„:::,''::::.''' . „ ,. ....„ ..„. ,„ s , , OF , .. f /1 I .. , h • .1,. / It ! ... ,..1:, 1�1 i : i , ..' e i • IA , \ r GREAT WESTERN A STRONG FOUNDATION IN PLAY FOR OYER 50 YEARS P:(435)245-5055 I F.435 245-5057 LindserAwpark.com RECREP I O N CUSTOM COLOR SELECTIONS Project:104247-09-Opt 2 Approved by: Surfacing: CUSTOM COLORS: ITEM COLOR ITEM COLOR ITEM Accent 2 Blue COLOR Rock n Raft Basic Yellow 0 BASIC ACCENT/ARCH METAL ROOF 0 ROTO Q TUBE °PLASTIC ROOF ©HDPE ©2 COLOR HDPE ®SHADE ® fMIMEO f �= f ® f ® 0 ® ® ® .. © I 1 f7. 1011211110 UMW ® i 0 0 0 ® © ® © f ® f ® , ® ® ® 0 � 0 — 1 00100101 ® ° O - ® 0 ME 1 • f ■o� f ® ®mans" mcsmon 0 ® ® © © 0 I— i 0 ® ® © racannim rim 0 01 . - 1 0 f ® ® © 8 ® 8 '' .. . IMMO • DECKS 0 RECYCLED LUMBER Q ROCKOMEN Cray Tod*. S ._ . 81�e Brown Chxolate Gt�, . ',_s...... ® ® © ® © 0 © © HANDGRIP Standard Colors 0 VISTAROPE Custom Colors PRIMARY Q 4. NATURAL � ��, � 0 0 ® fff 0 © 0 0 0 0 0 0 0 c N 13'n r 2-5 PIT 9' 1802 >, ,o �i 4; 185 �� � � !�► Al* !ramp410 , -- v �� IJ 2,_ -1 3' \..;1/4 ss:::::::-;:.„, (1) Ow, �„fer a i -',.:, .,,,:**A:e;-;'-- t•\%...........1.4.-.." )111"/5-12 EQUIPMENT AND 9' SWINGS ALREADY ORDERED - JUST SHOWING FOR " . - REFERENCE t 1151O./ ` to msq.r NmoumaePew.e. .�'°wo �.. °' "er. •N . P J tferson County Parks and Rec` SALES REP ` TdN EkMcl Plm�nmPeDenN �.,. / DO' del Ele..ktl vim ComDepenbP®iDle 9Y RemD to ficuYee 5 °D �' a.Mam.v+'u.l Ctle: J Macum.aygrountl NNDSEY-7102 Total Eieve Components nttdek By P.M. ����� » - ..yam pr u.usJ yrta2a himacum.WA xssmsTroz ,only Nafiue LINDSEY�GWPARK.COM Total/.a...ibk G'WnOINePi_eoP=wm,.m a Pep,. ] xs w C a..WN09- oaeAt Es.e..re ,/1110 Mu neat Western Recreation /\ rwioilkpmt TrD®D,DmuM LmN cppp�=��. 3 Pep,. .',r=zarpm:i g,b,,,�„N�,,. toaza�-0aoP�x i l 13'n / 7 . / 410 AREA: 2-5 PIT 9' SF — 1802 n,_1o. 111 r!,� �t1! 11' _ ■0.11o..rri.s:�rr�1.411 mrauI.. aP .I, firaindriciitominwineciftZv I�brlerrf'''Ul�IO t� ./►, in 111�-1 1 Al AM r.la�n uMrtra:� •iAM INEDMASPUI777deii,2W. 1 I 1 i�■ MUM \k1311 1DGigt� J Ill 1 �l ��m�� rar pii.1►./rlME 1 r 17 / 3' \ ..,.:_—__ 11111110 9' 11 Pry/ r ,s,,,,,,,,,,„.. / / ;i;; .'i: G 5-12 EQUIPMENT AND y SWINGS ALREADY ORDERED — JUST SHOWING FOR „ REFERENCE t a a o,'i Herson County Pants and Rec 1 SMLES REP Total embed pay Components 10 ,rh,.w 1E.1. aptm Mu Required aN..ap,a...m n re MP2-5 Playground LIN0.SEY ERNAN Total Elm. anti Ma PP Sy Ramp 10 Rapp. 5 rr,1Y'wnt is � aPPOPPPa^.pm a.Me..qo.M ayy Sy himecum,WA csa gas rioz Commas Sy inns. - Rapti. - .- depths et nem_GREAT'4Ess i T LINOSEY®OWPMRKCOM raew rma,CAbrpt4 uM O.w,Components Shawn B Rapp brMi tsEmnrp onW ts.ne.N Cauyrrd Pe bpa D sa�2fl�24 y;.yY, rest Western Recreation p..orcm..e L...,�mwnpts 3 Rw,,,p 3 „Sand1042m.5 , ate"x:rbmat 10424742Opt2 . I I / z' i \\ AREA 2-5 PIT g' � SF 1802 „�� �� IIV _ LF — 185 a- RP 440 wi � 1 C �:^ o / 4.evrte41-04,...a, 404 , ti.) .06101.• .. .0. AO,..7,... - f AlOtil* *101` -- � a4 �i7� e / 13 \L/v1 t 5-12 EQUIPMENT AND SWINGS ALREADY I \4 9 ORDERED — JUST SHOWING FOR —>—; REFERENCE IISIO 1 mlElevamUPlaYCampaenra CTh,,Pmy dmmem,�ea e4 INo m°s� err Y fferson County Parks and Rec '°^`t"a eW s 9 0 o t J MP 2-5 Playground SALES REP Tom Elevated Play cemwn.me aaaaalde sv Ramp IS Ra ecommen meetthearn troae er yg LINOSE8-7102 recommended defeat*,ert !mecum,WA ]700WPAR op EXAM.Comppnenk Access.By Tmnger brc Aran ages an sPeaneDMm - O,$ g LINOSEY®OWPARK CONI Totala02,.e a emendLev.Campon$,$Shown 8 R D 2,eg uct ni$Lomnm rmvin Neme y teat Western Recreation i iota wrtarent Ypaaq crouna Lavacomppnenm S Seco red 8 , f an 18 x24 former A mn samara cuucu-xet4 eoi 104247-09 Opt J 7 A _ t. A a/a e a e -- (FLUSCLENH OU W/ 00'' y'',,. TOP OF SLAB) V° / ( s. 11 y I A 1 A II 6"PERF. PIPE (SCH. 40) CLEAN OUT(FLUSH Y �'• It W/TOP OF SLAB) ,� tO3Fiw[.�. nag F'. JEFFERSON UNIVERSAL MOVEMENT PLAYGROUND-ARAM D PILL 130. E.qqM UWE.* Eia l 99001 COVm MOM PROJECT.VI]N JEFFERSON COUNTY,WASH. r' 0 p°° Iona PHASE 2-SUBORADE&DRAINAGE PLAN WI la9011 ORE BYmoo JFFFER3ON r ENGINEER IPPNUNL M1E 4',Wist, I EXISTING FLUSH CURB TOP OF RUBBER TILE TO BE TOP OF RUBBER TILE TO BE EXISTING FLUSH WITH OR NO MORE THAN COURSE WASHED SAN FLUSH WITH OR NO MORE THAN CONCRETE }'FROM TOP OF CONCRETE GRAVEL BACKFILL FOR }-FROM TOP OF PAVING SIDEWALK TOP OF EXISTING PERVIOUS CONCRETE SLAB DRYWELLS PER WSDOT RUBBER PLAY TILE GRASS AREA RUBBER PLAY TILE (UNREINFORCED) STD.SPEC.'S 9-03.12(5) I.. 12' ' , IM J 2"MIN. PREPARED SUBGRADE ORJ ( j - _ PREPARED DE OR UNDISTURBED NATIVE _ - BACKFILL-SLOPED 2% - - -- BACKFlLL-SLOPED 2% MIN.TOWARDS DRAIN Qe MIN.TOWARDS DRAIN OVERLAP GEO- -ITEXPLE 1'-0"MIN. 12"MIN. - 18'MAX. GRAVEL WSDOT STD. FOR.'S Y/ELLS9-03. PER WSDOT STD.SPEC.'S EXTILE FOR -- 19' > Q<>< 0_3,4.RUBBER PLAY TILE WRAPPED WITH GEOTEMOD FOR HEDU.PPE UNDERGROUND DRAINAGE,MODERATE 1%(SCHEDULEM 40) SURVIVABILITY.NONWOVEN,CUSS C O 1S MIN. PER WSDOT STD.SPEC.'S 9-33. SLOPE ' PERVIOUS 4' CONCRETE SFCTION A-A NOT TO SCALE � SLAB , COURSE WASHED SAND DIM. WASHED GRAVEL VARIES'BACKFILL PER SPEC. PREPARED SUBGRADE OR UNDISTURBED NATIVE BACKFlLL PERVIOUS CONCRETE DFTAIL CALL 811 NOT TO SCALE BEFORE YOU DIG Rau OCR E.NUM G/M/1O4 U Wffi 1® �0,0,,0 imit T. JEFFER8ON UPAVERSAL MOVEMENT PLAYGROUND-JUM% D 2 JmoWx mum mxlr OMER wm t` CEIVFOOOrt OF P1fl1C OCRMS JEFFERSON COUNTY,WASH. 7 G S - PHASE 2-SUBGRADE&DRAINAGE PLAN RVE Name OOL w JETID6W CANTY BIG�1 IPPRPAL DATE �TDR,,»" __..____...___ I Great Western Installations,Inc 10/02/2024 975 S.State Hwy 89 Quote# Logan,UT 84321 104247-09-02 Cell:253-988-7102 Office:435-245-5055 GREAT WESTERN Fax:435-245-5057 lindsey@gwpark.com Lindsey Erwin r,dz,,*gas ,_R www.gwpark.com JUMP Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 Jefferson County Parks and Rec/Public Works Ship to Zip 98325 Attn:Sarah Grossman 3308 Greenway Place Port Townsend,WA 98325 United States sarahg59@gmail.com Qty Part# Description List$ Selling$ Ext.Selling$ 1 RDU GameTime-Custom 5-12 Playground- $83,339.00 $64,697.87 $64,697.87 • Drawing Reference#104247-09-Opt 2 1 6143 GameTime-Whirlwind Seat Straight(F/S) $981.00 $824.04 $824.04 1 91062- GameTime-ADA Wide Ramp Link 3D $24,892.00 $24,892.00 $24,892.00 1 91043- GameTime-ADA Wide Ramp Attach 3D $25,888.00 $25,888.00 $25,888.00 2 90265 GameTime-7'Upright,Alum $471.00 $357.96 $715.92 4 804710 GameTime-3/8"16 Unc Thread Insert $1.65 $1.50 $6.00 1 818313 GameTime-Tee-Nut Socket $25.00 $22.75 $22.75 4 137618 GameTime-Self Sealing Pop Rivet $0.64 $0.58 $2.32 2 212993 GameTime-5"Alum End Cap $54.00 $49.14 $98.28 4 W03861 GameTime-Tru-Loc Panel Attach $39.00 $37.83 $151.32 1 SHADE Superior International-Custom Shade Design SAIL METAL- $22,727.00 $21,590.65 $21,590.65 [COLUMNS OR METAL COMPONENTS FOR CUSTOM SAIL SHADE SIGN] C1 (1)COLUMN: 10"SCH 40© 11'L+6"RECESS TO BASE PLATE. C2(1)COLUMN:10"SCH 40 @ 9'L+6"RECESS TO BASE PLATE. C3(1)COLUMN: 10"SCH 40 @ 11'L+6"RECESS TO BASE PLATE. C4(1)COLUMN: 10"SCH 40 @ 9'L+6"RECESS TO BASE PLATE. C5(1)COLUMN: 10"SCH 40 @ 13'L+6"RECESS TO BASE PLATE. C6(1)COLUMN: 10"SCH 40 @ 13'L+6"RECESS TO BASE PLATE. C7(1)COLUMN: 10"SCH 40 @ 9'L+6"RECESS TO BASE PLATE. FRAME COLOR:TBD SHIPPING WEIGHT:4390 LBS 1 SHADE Superior International-Custom Shade Design SAIL FABRIC $23,007.00 $21,856.65 $21,856.65 1 ABT Superior International-ABT Quote $200.00 $190.00 $190.00 KCDA Page 1 of 5 Great Western Installations,Inc 10/02/2024 975 S.State Hwy 89 Quote# Logan,UT 84321 104247-09-02 Cell:253-988-7102 Office:435-245-5055 GREAT WESTERN Fax:435-245-5057 lindsey@gwpark.com -,vd.ry r`""" www.gwpark.com JUMP Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 Qty Part* Description List$ Selling$ Ext.Selling$ 1 ENG Superior International-Engineering:Sealed Drawings&Calculations Fees $1,600.00 $1,520.00 $1,520.00 488 TILE GT-Impax-Interlocking Tile 4'CFH 2'x2'2-1/4"Standard $48.90 $41.57 $20,286.16 29 FS GT-Impax-Filler Sticks $44.22 $37.59 $1,090.11 35 TG GT-Impax-Tube Glue 30oz $74.42 $63.25 $2,213.75 3 INSTALL Install-Mobilization- $1,500.00 $1,500.00 $4,500.00 Prevailing Wages 1 INSTALL Install-Supply of Concrete/Subbase- $15,170.00 $15,170.00 $15,170.00 Concrete Slurry at 4" Prevailing Wages 1 INSTALL Install-Installation and Site Work- $87,400.00 $87,400.00 $87,400.00 88 Supervisor Hours @250 436 Worker Hours @150 ▪ Excavate 1802 SF • Irrigation,re-route sprinklers • Rebar Cage • Drain Pipe,Perforated Pipe • Tile Installation • Gravel,for backfill • Installation 2-5 playground • Installation Shade • Gravel,mobilization to hang fabric • Sand,provide and install 1"sand Prevailing Wages Contract:King County Director's Association Sub Total $293,115.82 Estimated Freight $22,632.00 Tax $28,733.05 Total $344,480.87 KCDA Page 2 of 5 Great Western Installations, Inc 10/02/2024 975 S.State Hwy 89 Quote# Logan, UT 84321 104247-09-02 Cell:253-988-7102 Office:435-245-5055 GREAT .', ._ Fax:435-245-5057 lindsey@gwpark.com www.gwpark.com JUMP Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 Comments Your Sales Rep is Lindsey Erwin.Please reach out to Lindsey at 253-988-7102 if you should have any questions regarding this quote. Due to the volatility of freight costs,the freight pricing is subject to change at the time of order. Pricing is subject to change.Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL-To include a Payment and Performance Bond,please add$6,328 plus tax if applicable. Shipping to Site Address: 9884 WA-19 Chimacum,WA 98325 *Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required. Permitting not included,unless otherwise noted. Customer is responsible for offloading. Prevailing Wages KCDA Page 3 of 5 Great Western Installations,Inc 10/02/20244 975 S.State Hwy 89 104247 0 Quote to Logan,UT 84321 9-02 Cell:253-988-7102 f R Office:435-245-5055 GREAT WESTERN Fax:435-245-5057 s '- ? = - ' C S lindsey@gwpark.com lindssy Erwin .gwpark.com 1'tfi41Y {�/$it't var JUMP Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 ACCEPTANCE OF QUOTATION: Billing and Shipping information will be as stated on quote unless indicated below. ®Change billing information to: Address: Jefferson County Public Works 623 Sheridan St, Port Townsend, WA 98368 Contact: Change shipping information to: Address: Contact: Colors: Per Renderings Palette Per Submittals Other Colors, please specify Safety surfacing colors: the main portion is Tan (Beach Sand) to match the swings area and Blue (Water) for the pattern under the Rocking Raft Purchase Amount $344,480.87 +Optional Bond ($6,328)+ Sales Tax for Bond ($575.89) =Total: $351,384.76 Signature: Date: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. KCDA Page 4 of 5 GREAT WESTERN Great Western Installations,Inc 975 S.State Hwy 89 10/02/2024 Logan,UT 84321 Quote# Cell:253-988-7102 104247-09-02 Office:435-245-5055 Fax:435-245-5057 teed:may<<�:r, lindsey@gwpark.com i= :,s•, www.gwpark.com JUMP Jefferson Universal 2-5 Playground, Shades, Surfacing, and Install Option 2 Pricing on this quote includes KCDA discount on all applicable items,based on the 2022 KCDA Playground Contract#22-315. All prices include KCDA service charges,with no additional service fees to the purchaser. If this project requires a Payment and Performance Bond and the amount of the bond is not listed in the line item cost above,the cost of the bond and sales tax(if applicable)will be added to the invoice. *Purchase order needs to be made payable to"King County Director's Association"and submitted directly to KCDA for processing;for more information,please contact Karri Wyman by email:kwyman@kcda.org or by phone:435-251-8155 ext. 133. TERMS&CONDITIONS: Remittance Address: 975 S.Hwy 89 Logan,UT 84321 • PRICING: Pricing is subject to change.Request updated pricing when purchasing from quotes more than 30 days old. • PAYMENT TERMS:Net 30 days subject to approval by Credit Manager.A signed P.O.made out to Great Western Recreation or this signed quotation is required for all orders unless otherwise noted.Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion.Checks should be made payable to Great Western unless otherwise directed. • FINANCE CHARGE:A 1.5%monthly finance charge(or as permitted by law)will be added to invoices over 30 days past due. • TAXES:Taxes will be be shown as a separate line item when included.Any applicable taxes not shown will be added to final invoice.A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. • MINIMUM ORDER:Our minimum order is$50(USD)Any order less than$5000 requires cash with order or payment by major credit card. • SHIPMENT: Multiple shipments may be required based on point of origin.Above costs assume one shipment for each vendor quoted. • DELIVERY:It is the responsibility of the owner to offload and inventory equipment,unless other arrangements have been made.Missing or damaged equipment must be reported within 60 days of acceptance of delivery. INSTALLATION CONDITIONS: • ACCESS:Site should be clear,level and allow for unrestricted access of trucks and machinery. • STORAGE:Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site,the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION:Installation pricing is based on footer excavation through earth/soil only.Customer shall be responsible for unknown conditions such as buried utilities(public&private),tree stumps,rock,or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES:Owner is responsible for locating any private utilities. • ADDITIONAL COSTS:Pricing is based on a single mobilization for installation unless otherwise noted.Price includes ONLY what is stated in this quotation.If additional site work or specialized equipment is required,pricing is subject to change. A Page 5 of 5