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HomeMy WebLinkAboutSpecial 2007-12-10 Item 3A - Bid Award - Northwest Playground Equipment Inc for Fort Dent Playground COUNCIL AGENDA SYNOPSIS Meeting Date Przpared by =.'s j a ev rz:v I1LM .i �'ou,i tl review ice., Z 0 12/10/07 RS A w 7508 1 1 I R' 1 1 3‘q• ._;ITEM °;_INFORMATION CAS NUMBER: 07-153 I ORIGINAL AGENDA DATE: 12/10/07 AGENDA ITEM TITLE Fort Dent Playground Bid Award CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 12/10/07 Mtg Date 12/10/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council M Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The 2008 CIP includes replacement of Play Equipment at the Fort Dent Playground. The SUMMARY cost of equipment will increase by 15% in 2008 therefore it is recommended to purchase the equipment in 2007, with plans to install in 2008. The Parks and Recreation Director recommends this Bid Award to Northwest Playground Equipment Inc. in the amount of $169,616.29. REVIEWED BY COW Mtg CA &P Cmte 111 F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 1 Parks Comm. Planning Comm. DA'Z'E: 11/27/07 RECOMMENDATIONS: SPoNsoR /ADMIN. Recommends the bid award as presented. CoMI•IITTEE Unanimous Approval; Forward to Committee of the Whole /Special Mtg COSTAMPACT L FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $186,577.92 $204,422.08 Fund Source: ACC 301.00.594.760.62.71 Comments: CIP page number 12 MTG._DATE' `-RECORD -OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/10/07 Information Memo from Rick Still dated 11/20/07 Minutes from the Community Affairs and Parks Committee meeting of 11/27/07 r y' Parks and Recreation Department t 3 1 o Bruce Fletcher, Director '908 MEMORANDUM TO: Mayor Steve Mullet Community Affairs and Parks Committee FROM: 4 5 Rick Still, Deputy Director of Parks and Recreation DATE: November 20, 2007 SUBJECT: Fort Dent Playground Bid Award Project Number 03- PK07- FTDENT -07 ISSUE Award the Fort Dent Playground Project Contract to Northwest Playground Equipment, Inc., of Issaquah, Washington. BACKGROUND Fort Dent Park is our largest and the most frequented park in our park system. Besides being so heavily used the play equipment is getting old and needs to be replaced. The large and small play equipment areas are split by a parking access way. It has been the long term goal for this park to have new equipment that is located on the other side of this access road. ACTION TAKEN SLA Landscape Architecture was contracted to design the new play equipment area to make the park safer and to provide new play features for all of the children that use this park. A Bid was obtained from Northwest Playground Equipment as part of the Washington State Bid program, Contract Number 14803, for $169,616.29. BUDGET AND BID SUMMARY (All amounts include sales tax.) Bid Results Architect's Estimate Remaining Budget Bid Amount $169,616.29 $170,000.00 $17,422.08 Contingency (10 16.961.63 17.000.00 Total 186.577.92 $187.000.00 17.422.08 RECOMMENDATION Authorize the Mayor to award a construction contract for the Fort Dent Playground Project to Northwest Playground Equipment, Inc. in the amount of $169,616.29. cc: City Administrator Director of Parks Recreation Attachments: Equipment Quote and Agreement Northwest Playground Equipment, Inc. ,:r.:_ P.O. Box 2410.345 N.W. Dogwood, Issaquah, WA 98027 Phone (425) 313 -9161 FAX (425) 313 -9194 EQUIPMENT QUOTE QUOTE# To: City of Tukwila Date: 12/2/2007 Ft Dent Park Phone. Contact: Rick Still Fax I Item Qty. Description Price Total Price TA070001 B 1 Playmaker Structure- Option B 8/13/07 w/ Playweb Climber 43,372.95 $43,372 95 Engineered wood fiber, 12" Compacted, layer of fabric for 1 3,700 sf in main area plus 1,536 for swing area 8,575 19 $8,575 19 $0.00 $0.00 Installation of Structure and existing swing and safety 1 surfacing 18,493.43 $18,493.43 $0.00 Site work to include renting and placing of steel plates for access- silt fence- sod removal and disposal, asphalt path demo and haul off, subgrade prep including import and export as needed, underdrains and collector lines per plans, concrete curb installation, asphalt path installation, finish 1 grade site to minus 4" 74,060 00 $74,060.00 $0.00 50.00 Does not include removal of current play equipment (except swings), topsoil, seeding, soils testing, landscaping, temporary fencing. Soils on site must meet the City's compaction requirements. $0 00 $0 00 $0.00 1 Playworld's Performance Bond at 3% 4,950 00 $4,950.00 Washington State Contract #14803 Pricing: Freight: 6,302.60 Sales Tax: 8 9% $13,862.12 Total: $169,616.29 Please Note: A locate service for underground utilities must be completed before your scheduled installation. Does not include cost for permits. Tax not included unless specifically stated. Delivery times are currently 6± weeks after order for play equipment. Orders cancelled after 2 weeks will be subject to a restocking fee and any freight costs incurred This quote is valid for 60 days. Payments due and unpaid shall bear interest from the date payment is due at a rate of 18% annually Acceptance of Proposal: The above items, prices and conditions are satisfactory and are hereby accepted Thank you for considering Northwest Playground Equipment, Inc. for your Park, Playground, Shelter and Sports Equipment requirements. Playground Consultant Approved By C -1 CITY OF TUKWILA Short Form Contract Contractor Name: Northwest Playground Equipment, Inc. Contract No. Address: P.O. Box 2410 Project No. 03- PK07- FTDENT -07 Issaquah, WA 98027 Budget Item: 301.00.594.760.62.71 Telephone: 425- 313 -9161 Project Name: Fort Dent Playground Contractor's License NO. NORTHPE044DJ Contractor's State Tax No. Dept. of L &I Worker's Comp. Acct. No. UBI No. 601691557 Surety Agent: Lee Insurance Service Inc State Bid Contract 14803 Surety Address: 11410 98 Ave. Kirkland, WA 98033 Bond Registration No. CBIC Insurance Bond No SA1740 Completion Date Please initial all attachments, then sign and return copies ONE and TWO to City of Tukwila, Parks and Recreation Department, 12424 42" Avenue South, Tukwila, WA 98168, FAX 206- 767 -2341. Please make a copy for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this day of 20 by and between the City of Tukwila, hereinafter called the City, and Northwest Playground Equipment, Inc, hereinafter called the Contractor. The City and the Contractor hereby agree as follows: Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Fort Dent Play Equipment, Project No. 03- PK07- FTDENT -07 including all changes to the work and account work, in accordance with the Supplemental General Requirements, Section 1 -04.2. 1. SCOPE OF WORK The Scope of work for this project is detailed in the attached Plans dated October 2, 2007 and Specifications dated October 23, 2007 for the Fort Dent Play Equipment and is summarized as follows: the scope of work shall include transport, delivery and provision of all materials, installation, equipment and labor for development of the Fort Dent Playground including but not limited to, clearing and grading; berm shaping, and installation drainage systems. All materials, labor and equipment required for development of the Fort Dent Playground shall be provided by Contractor. 2. TIME OF COMPLETION The scope of work shall be completed in all respects within one hundred eighty (180) calendar days from the date of the written notice to proceed. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work in the sum of $169,616.29 including Washington State sales tax. Agreement Form C -2 4. PAYMENTS The City shall make payments on account of the contract based upon the percentage of lump sum work completed, payment will be based on the cost percentage breakdown of the lump sum bid price(s) submitted at the preconstruction conference, less a 5% retainage of the progress payment amount until the project is accepted and final payment is processed 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 30 days after completion of the work, provided the contract is fully performed, accepted and all releases have been received from the Department of Revenue and Department of Labor Industries and settlement of any liens, whichever is later. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement dated December 11, 2007, Bid Proposal dated November 20, 2007, as well as Plans dated October 2, 2007, and Specifications dated October 23, 2007. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured by the Contractor and paid for by the City. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect and perform any repairs at the contractor's expense. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. Fort Dent Play Equipment 12 -11 -07 NW Playgoumd, Inc Agreement Form C F. Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: 50,000 property damage 500,000 public liability (each person) $1,000,000 public liability (each occurrence) $1,000,000 automobile liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City. Fort Dent Play Equipment 12 -11 -07 NW Playgoumd, Inc. Agreement Form C L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. Attorneys Fees and Costs In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the building broom clean. P. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Q. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. R. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. Fort Dent Play Equipment 12 -11-07 NW Playgoumd, Inc. Agreement Form C IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA CONTRACTOR: Northwest Playground Equipment, Inc. By: By: SIGNATURE SIGNATURE Printed Name: Steven M. Mullet Printed Name: Title: Mayor Title: Date: Date: ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: Fort Dent Play Equipment 12 -11 -07 NW Playgoumd, Inc PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. We, and (Principal) (Surety) a corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Tukwila, Washington "Owner in the penal sum of Dollars the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated 20_ between Principal and Owner for a project entitled Fort Dent Play Equipment Contract No. "Contract The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal NOW, THEREFORE, this Performance Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Landscape Architect and other design professionals retained by Owner in connection with the Project. PROVIDED, however, that after the Final Acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this Performance Bond shall be reduced to the sum of Dollars (10% of Total Bid Price), to insure against all defects appearing or developing in the material provided or workmanship performed under this Contract within one year after Final Acceptance. The liability of Surety shall be limited to the penal sum of this Performance Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the Performance Bond C terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20 If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty -five percent (25 of the original amount of the Performance Bond without the prior written consent of Surety. This Performance Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of 20 Principal Surety Signature of Authorized Official Signature of Authorized Official By Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of agent and /or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1 -02.7 of the Standard Specifications. Fort Dent Play Equipment 12 -11 -07 NW Playgoumd, Inc. was'' City of Tukwila J,: il` Community Affairs and Parks Committee •.u rso8 COMMUNITY AFFAIRS AND PARKS COMVI IITTEE Meeting Minutes November 27, 2007 S :•DO p.m. PRESENT Councilmembers: Pam Linder, Chair; Pam Carter and Dennis Robertson Staff: Bruce Fletcher, Rick Still, Stephanie Gardner, Rhonda Berry and Kimberly Matej CALL TO ORDER: Chair Linder called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Fort Dent Play Eauipment Bid Award Staff is seeking full Council approval to award a contract to Northwest Playground Equipment, Inc. in the amount of $169,616.29 for new play equipment at Fort Dent Park. Award of the contract prior to January 1, 2008, is important in order to avoid a price increase. Installation of the equipment is expected to be completed within six months. The play equipment currently located at Fort Dent Park will be removed once construction of the new equipment is complete. The new equipment will be installed in a different location within the Park than the existing equipment. The Committee noted some discrepancies in the contract which staff will correct prior to forwarding to full Council. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 COW MEEM G. B. Tukwila Community Center Snrav Park Bid Award Staff is seeking full Council approval to award a contract to Northwest Playground Equipment, Inc. in the amount of $209,244.54 for construction of a spray park. Staff research has identified Tukwila Community Center as the best Location for the spray park due to existing programs, special events, ample parking and a continuous staff presence. $220,000 plus $5,000 for design work has been budgeted for this project. Park construction is expected to be completed by April or May. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 COW MEETING. C. 2007 Third Ouarter Report to Council The Committee reviewed the status of program goals as outlined in the Third Quarter Report. INFORMATION ONLY. III. MISCELLANEOUS Parks and Recreation staff reported that the next Open Space Plan Public Forum is scheduled for Wednesday, December 12 at the Tukwila Community Center beginning at 6:00 p.m. Macadam Winter Garden construction is expected to be completed by December 5. Committee Chair Linder requested staff plan a soft- opening for the Park prior to Mayor Mullet leaving office. Meeting adjourned at 5:54 p.m. .eJ L Committee Chair Approval Minutes by KAM.