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AGREEMENT BETWEEN PICTURE PERFECT PLAYGROUNDS INC. AND CITY OF MOSCOW, IDAHO FOR INSTALLATION OF MOUNTAIN VIEW PLAYGROUND EQUIPMENT THIS AGREEMENT BETWEEN PICTURE PERFECT PLAYGROUNDS INC. AND CITY OF MOSCOW, IDAHO FOR INSTALLATION OF OUNTAIN VlEW PARK PLAYGROUND EQUIPMENT, entered into this d day of , 2012 , between Picture Perfect Playgrounds Inc., P.O. Box 807, Ashton, Idaho, 8 Ll-20 å ereinafter "CONTRACTOR"), and the City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter refened to as "CITY") W I T N E S S E T H : WHEREAS, CITY has accepted a bid by CONTRACTOR for installation of playground equipment consisting of one new pre-school and school age playground manufactured by PLA YWORLD, said playground designed and submitted by Northwest Playground Equipment of Issaquah, W A, previously approved by the CITY on May 21, 2012 (see attachment) along with the associated ADA compliant engineered wood fiber system, all enclosed within the existing concrete border system to be installed in Mountain View Park in Moscow, Idaho (hereinafter "Project"); and WHEREAS, CONTRACTOR has shown itself to be the lowest, responsible enterprise to submit a quote for such Project; and WHEREAS, CITY desires to contract with CONTRACTOR for the installation; NOW, THEREFORE, City and Contractor, in consideration of the mutual covenants and stipulations set out, do hereby agree as follows: ARTICLE I RETENTION OF CONTRACTOR CITY agrees to engage CONTRACTOR, and CONTRACTOR, upon execution of this Agreement, shall proceed with the work described in paragraph II. ARTICLE II SERVICES CONTRACTOR agrees to provide the following services to CITY pursuant to this Agreement, in a good and workmanlike manner, utilizing best practices and safety measures: MOUNTAIN VIEW PLAYGROUND INSTALLATION CONTRACT 2012 PAGJ, 1 OF 5 ---PAGE BREAK--- Construction/installation of Mountain View playground equipment of a design submitted by Northwest Playground Equipment of Issaquah, WA (see attachment), a modular play system manufactured by PLA YWORLD and the associated ADA compliant engineered wood fiber system, all enclosed within the existing concrete border. During construction/installation, all playground equipment and materials being installed shall be protected by a substantial fence until Project completion. ARTICLE III TIME All the above items shall begin on or after June 28, 2012 and shall be substantially completed on or before July 31, 2012. ARTICLE IV COMPENSATION CITY shall pay to CONTRACTOR the total sum not to exceed twelve thousand nine hundred and three dollars and seventy four cents ($12,903.74) for services to be performed pursuant to this Agreement. This sum, minus six percent of the equipment purchase price, totaling two thousand nine hundred sixty four dollars and seventy four cents ($2,964.74) of retention shall be paid upon the acceptance by the City of completion of the Project. CITY and CONTRACTOR agree that CITY shall retain six percent of the equipment purchase price (two thousand nine hundred sixty four dollars and seventy four cents ($2,964.74)]) until a tax release is received from the State of Idaho Tax Commission by CITY, after which CITY, in a timely manner, shall pay to CONTRACTOR such six percent sum. ARTICLE V TERMINATION If CITY determines that services being rendered are not adequate or suitable to meet the needs of CITY, CITY may tem1inate this Agreement by providing fifteen days written notice to CONTRACTOR. If this Agreement is tetminated in such manner, the sole liability of CITY for such termination shall be to CONTRACTOR for services rendered until the time of tennination, which payment shall be detennined based on a percentage of total work to be performed under this Agreement. ARTICLE VI REPORTS CONTRACTOR will provide a weekly status report to the City Parks &Facilities Manager, Thomas Grundin, on the progress of the program. MOUNTAIN VIEW PLAYGROUND lNSTAI.I.ATION CONTRACT 2012 PAGE2 OF 5 ---PAGE BREAK--- ARTICLE VII WARRANTY CONTRACTOR does hereby wanant against all defects in workmanship in its installation of the playground for a period of one year from the date of substantial completion. ARTICLE VIII COMPLIANCE WITH LAWS a. CONTRACTOR agrees that it shall conduct its operations pursuant to this Agreement in conformance with all applicable laws, ordinances and regulations of all governmental and regulatory agencies having jurisdiction. b. CONTRACTOR agrees to use, handle, store and dispose of any and all toxic substances used in the perfmmance of this Agreement in accordance with applicable federal, state, city and local laws, statutes, and regulations, and further agrees to indemnifY and hold CITY hannless from any liability resulting from the use, handling, storage or disposal of toxic substances. ARTICLE IX INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between CONTRACTOR and CITY by the terms of this contract. It is understood by the parties hereto that CONTRACTOR is an independent CONTRACTOR and as such neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE X CONSTRUCTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of ldaho, in and for the County of Latah. ARTICLE XI INDEMNIFICATION CONTRACTOR waives any all claims and recourse against CITY, including the right of contribution for loss and damage to persons or property arising from, !:,>rowing out of, or in any way connected with or incident to CONTRACTOR's perforn1ance of this Agreement except for liability arising out of the sole negligence of CITY or its officers, agents or employees. Further, CONTRACTOR shall indemnifY, hold harn1less, and defend CITY against any and all claims, demands, damages, costs, expenses or liability arising out of CONTRACTOR's performance of this Agreement except for liability arising out of the sole negligence of CITY or its officers, agents or employees. MOUNTAIN VIEW PLAYGROUND INS'IAU.ATION CONTRACT 2012 PAGr.3 OF 5 ---PAGE BREAK--- ARTICLE XII MODIFICATION AND ASSIGNABILITY OF CONTRACT This Agreement contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon w1itten agreement signed by the parties hereto. CONTRACTOR may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of CITY. Any subcontractor or assignee so authorized shall be bound by all of the tenns and conditions of this Agreement as if named specifically herein. ARTICLE XIII INSURANCE CONTRACTOR waiTants that it has obtained, and will maintain at its expense for the duration of this Agreement, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be perfom1ed hereunder. The comprehensive general liability insurance shall have a coverage limit of at least FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occuiTence, and ONE MILLION DOLLARS ,000,000.00) aggregate. CONTRACTOR shall fumish copies of all insurance policies and/or certificates of insurance to CITY at the time of execution of this Agreement. Each policy shall include a provision to the effect that it shall not be subject to cancellation or reduction in the amounts of its liabilities, or any other material change, until notice has been given in writing to CITY not less than fifteen (15) days prior to such action. CONTRACTOR shall further cause CITY to be named as an additional insured on all applicable insurance policies. Such insurance shall be issued by an insurance ca1Tier licensed to do business in the state of Idaho. This Agreement shall be effective the day and year first above written. CONTRACTOR: CITY: Picture Perfect Playgrounds Inc. City Of Moscow, Idaho PAGE 4 OF 5 ---PAGE BREAK--- STATE OF dtWJ·tJ County of Jr.e..mfJC( ACKNOWLEDGMENT ) ) ss. ) On this 31.:1' day of ;Iu..i<.4 , 2012, before me the undersigned, a Notary in and for said State, personally appeared A.J vl£-.)#gdd.a-vd , in his official capacity as y, 4..L PredL.wf of Picture Per ect Playgrounds Inc., known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same; and that he is the duly authorized representative of Picture Perfect Playgrounds Inc. and has specific legal authority to bind Picture Perfect Playgrounds Inc. to this Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. 1111111111111 , '{NDA 11/,f'1 tJ · W j ëj j t-OI":···?tNd(Rv PUBLIC é ê Cll.oŎ . : è at % k\ (.;t:lì · .f My Commission expires: 5 · Jtf ō -y IC X- V íî·· · Ō :S.ï '0,t,11?f: ID A II \IIIII\\ MOUNTAIN VIEW PLAYGROUND INSTALLATION (ONTRACI' 2012 PACil-. 5 OF 5 ---PAGE BREAK--- CITY OF MOSCOW, IDAHO REQUEST FOR QUOTES MOUNTAIN VlEW PARK PLAYGROUND INSTALLATION TO: Interested Playground Equipment Installers The City of Moscow is accepting quotes for installation of a new pre -school and school age playground at Mountain View Park. Mountain View is a community park located on the northeast side of the city, adjoining a residential neighborhood to the west and fannland to the east. The new playground will be located in the northwestern portion of the park, replacing the existing aged and noncompliant equipment . The new playground equipment and surfacing is being purchased from: Northwest Playground Equipment, Inc. P.O. Box 2410 Issaquah, W A 9&027 Attn: Patrick Cancilla, Sales Consultant [PHONE REDACTED]/[PHONE REDACTED] Fax:[PHONE REDACTED] [EMAIL REDACTED] who represent PLAYWORLD SYSTEMS. The playground is to be surfaced with an ADA compliant engineered wood fiber system enclosed in the existing concrete border at the site. Delivery of the equipment and materials will be coordinated by the City. Attached to this request are detailed specifications of the space and the equipment to be Interested installers are encouraged to submit quotes, including the attached proposal information sheet and required documentation to the City of Moscow, Attn: Mountain View Park Playbrround Installation, 206 East Third Street, P Box 9203, Moscow, Idaho 83843 by 2:00p.m. on Monday, June 18, 2012. The City reserves the right to reject any or all quotes. The construction window for this project is estimated to be from a contract approval date of July 2, 2012, with substantial completion expected by July 31, 2012. The City has ordered the play equipment and anticipates delivery of the new equipment to the City Shop on or around June 26. Any questions concerning the Mountain View Playground Project should be directed to Tom Grondin, Parks & Facilities Manager, at [PHONE REDACTED], or Patrick Cancilla at Northwest Playground Equipment, Inc. ---PAGE BREAK--- GENERAL SPECIFICATIONS Mountain View Park Playground The area for the playground in the park is 5,400 (approximately 90' x 60'). including required fall zones inside the existing concrete border, which will remain in place. An accessible ramp through the border of the playground shall be provided on the east side of the play area from the existing sidewalk by the City. Installers must provide proof of registration with the State of Idaho Contractors Board. If the total cost of the installation including use tax is greater than $10.000, the contractor must also provide proof of a current Idaho Public Works Contractor License with a Type 4. Category 02880 endorsement for playground installation. Installers must provide a copy of general liability insurance coverage with a minimum coverage of at least $500,000.00 per occurrence and $1,000.000.00 aggregate. Installers must provide a copy of their statutory workers' compensation insurance for all employees who will work on this project and maintain this coverage during the term of the project. Current certification by the National Park and Recreation Association's (NRP A) National Playground Safety Institute (NPSI) as a Playground Safety Inspector (CPSl) is required of the installation firm. A copy of the installer's certificate must be included with the quote in order. to be considered. Installers must have experience constructing similar projects in materials, design, and extent to that of this project. Playground equipment and materials for this project must be installed in accordance with manufacturer's written instructions. A list of references from at least three similar, recently completed jobs must accompany installer's quote. The playground will be surfact=d with a minimum twelve inch (12") depth of ADA compliant engineered wood fiber placed over geotextile fabric. The surfacing will be contained by the existing concrete curbing. The City will be responsible for demolition of the existing play equipment prior to the start of construction work, and backfilling around the outside of the playground border at the conclusion of the project. The contractor is required to fence off the site during staging and construction. and will be provided an area for storage purposes. The selected contractor is encouraged to maintain a neat and orderly work site and keep turf damage to the site to a minimum. The cost of the playground equipment and surfacing system purchased hy the City, not including freight, was $49,412.36. Installation quotes must include 6% Idaho Use Tax of ($2,964.74) which must be paid by the contractor to the Idaho State Tax Commission at the conclusion of the project. ---PAGE BREAK--- MOUNTAIN VIEW PARK PLAYGROUND INSTALLATION PROPOSAL City of Moscow P.O. Box 9203 Moscow, Idaho 83843 Following is my quote for the City ofMoscow's Mountain View Playground Project: Playground installation: $ 9 1 g 2>Lt . State ofldaho use tax: $2.964.74 Total project cost: Y I d , i 0 O LJ Firm Name £0 1 !DOl Address ( w) /)J;f1riJU .2f) & Ia s-2 -3,dP Authonzed Representative Phone Number '1\J ŋ X c PS=r Authorized Representative Printed Name Acknowledgement of July, 31,2012 as the date for Substantial Completion of said project is hereby made by Authorized Representative. i_j Z h N Q?Lf Authorized Representative Phone Number t\J l W t-oll .cb&& Authorized Representative Printed Name ---PAGE BREAK--- To Pogo., of3 2012-07-0S :20.04 41 (GMT) 18887066494 From Doug N1o1w.on FAX COVER SHEET TO COMPANY FAX NUMBER 12088837018 FROM Doug Nielsen DATE 2012-07-05 20:04:12 GMT RE Picture Perfect Playgrounds certificate of insurance COVER MESSAGE Tom Here is the certificate of workers' compensation insurance that you requested for Picture Perfect Playgrounds. Please let me kna.v if you have any questions. Doug Nielsen Workers' Compensation Specialist I CWCA, CIC, CIWCS Work Camp Solutions 1014 Erickson, Suite B I P.O. Box 979 Rexburg, I D 83440 Mobile [PHONE REDACTED] 1 Fax [PHONE REDACTED] [EMAIL REDACTED] Description: Description: WCSisolatedlogoYELLO - 3 Certified Work Comp Advisor I Certifted Insurance Counselor Certified Idaho Work Camp Specialist This email contains information that may be confidential and proprietary. If you are not the intended recipient, please delete this email and notify me immediately. WWW.MYFAX.COM ---PAGE BREAK--- To- Poge 2 of 3 2012-07-0S 20 04--41 (CMT) '18887066494 Pr'om Ooug Niel•cn e,II!I.Sif>AKLl'!&jM"yt · ·g . · w · · . . J N ^TUmV rcldUJef fitm,-` R,faS awF&ft§lab , OPlQ I ---PAGE BREAK--- To 2012-07-05 20 04 41 (GMT) 18887066494 Pt'orn Doug Nielson ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY} à 7/5/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON ntE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEfATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROEO BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If tho certificate hoh;fer is an ADDITIONAL INSURED, the pollcy(iiiS) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms· and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such en(!orsement(s). PRODUCER ð:r,cT Doug Nielsen Work Comp SoLutions PttJ?NO: • (208) 351.-8188 l áf:;. (888)706-6494 1014 Erikson, Suite B ñtJss· [EMAIL REDACTED] PO Box 979 INSURERISI AHORDING COVERAGE NAIC t Rexburg ID 83440 INSURER A :Idaho State Insurance Fund INSURED INSURER 8 : Picture Perfect PMaygrounds 1 Inc. INSURERC: PO Box 807 IN: UttER D: INSURERã: Ashton ID 83.420 INSORERF: COVERAGES CERTIFICATE NUMBER·CL127500l.60 REVISION NUMBER· HtiS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV\11THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IJIIITH RESPECT TO !M-ilCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVliN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11t A TYPE OF INSURANCE GENERAL. UABIUTV 1--3MERCIA!. GENERAL UABILITV CLAIMS.MADE D OCCUR 1--nL AGGRD liMIT APnS PER. POLICY f!-R-r LOC AUTOMOBILE LIABILITY ANY AUTO - Al.LCMN.EO SCHEDULED AUTOS AUTOS NON·O]EO HIRED AUTOS AUTOS UMBRELLA UA8 H OCCUR EXCESS LIAB ClAIMS·MAOE DEC I I RETEI'fTION$ WORKER6 COMPSN&ATION AND EMPLOYERS' LIABIU'rY "fiN ANY PROPRIETORJPAATNERIEXECUTIVE D OFFICER/MEMBER EXCLUDED? lMandafol)' In NH) âãähåfpæç å't'dPERATIONS below 1T,?U,} POUCV EFI' POLICY NUMBER M I N/A 613704 ll/l/2012 /1/2013 DESCRIPTION OF oPERATIONS I LOCATIONS I VEHICLES (Atllocll ACORD 101, AclciiHonal Remor1<1 Sttledult, If more spa to Is required) Job: Mountain View Park CERTIFICATE HOLDER CANCELLA TJON UMITS EACH OCCURRENCE s I s. MEO EXP (Affl one POlson) $ PERSONAL t. ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS • COMP/OP AGG s $ æ'lç,S INGLE LIMrT .s BODilY INJURY (Por person) × BODILY ltiJURY (Por aCCident) $ fpAJÊ,.R,l.;'.,.ÌAMA GE $ $ EACH OCCURRENCE $ AGGREGATE s $ IT/m¥1 I OJä- E l EACH ACCIDENT $ £ L DISEASE - EA EMPLOYEE $ E L DISEASE • POUCV LIMIT S 500 000 500 000 500 000 (208)883-7018 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moscow Tom Grundin Parks & Facilities 650 N. Van Buren }!.:foscow, ID ACORD 25 (2010/05) INS025 (201005}.01 83843 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH TH£ POLICY PROVISIONS. Manager AUTHORIZED REPRESENTATIVE Doug Nie1sen/DOUŊ © 1988·201 0 ACORD CORPORATION. All reserved. The ACORD name and logo are registered marks of ACORD