HomeMy WebLinkAboutCAP 2007-11-27 Item 2A - Bid Award - Fort Dent Playground to Northwest Playground Equipment
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Parks and Recreation Department
Rrllre> H'le>trhe>r nire>rtllr
MEMORANDUM
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: ~S 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 Playround 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 $160,616.29.
BUDGET AND BID SUMMARY (All amounts include sales tax.)
Bid Amount
Contingency (10%)
Total
Bid Results
$169,616.29
16,961.63
$186.577.98
Architect's Estimate
$170,000.00
17,000.00
$187.000.00
Remaining Budget
$17,422.08
$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
C-1
CITY OF TUKWILA
Short Form Contract
Contractor Name: Northwest Playground Equipment, Inc.
Address: P.O. Box 2410
Issaquah, WA 98027
Telephone: 425-313-9161
Contractor's License NO. NORTHPE044DJ
Dept. of L&I Worker's Compo Acct. No.
Surety Agent: Lee Insurance Service Inc
Surety Address: 11410 98th Ave.
Kirkland, WA 98033
Contract No.
Project No. 03-PK07-FTDENT-07
Budget Item: 301.00.594.760._.71
Project Name: Fort Dent Playground
Contractor's State Tax No.
UBI No. 601691557
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 4~d 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 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, installation of irrigation and drainages systems, trees, shrubs and rocks,
Trex Boardwalk, and hydroseeding. 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 November 20, 2007, Bid Proposal dated
November 20,2007, as well as Plans 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 and paid for by the Contractor.
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
Fort Dent Play Equipment 11-20-07
NW Playgoumd, Inc.
Agreement Form
C-3
The Contractor shall permit and facilitate observation of the work by the City and its agents
and public authorities at all times.
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.
Fort Dent Play Equipment 11-20-07
NW Playgoumd. Inc_
Agreement Form
C-4
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.
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.
Fort Dent Play Equipment 11-20-07
NW Playgournd. Inc.
Agreement Form
C-5
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.
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:
SIGNA TURE
By:
SIGNA TURE
Printed Name: Steven M. Mullet
Printed Name:
Title: Mavor
Title:
Date:
Date:
ATTEST/AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
BY:
Fort Denl Play Equipment 11-20-07
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
Perlormance Bond
C-7
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 11-20-07
NW Playgournd, Inc.
Northwest Playground Equipluent, Inc.
P.O. Box 2410. 345 N.W. Dogwood. Issaquah, \VA 98027
Phone (425) 313-9161 FAX (425) 313-9194
EQUIPMENT QUOTE
QUOTE#
To: City of Tukwila
Ft Dent Park
Date: 11/20/2007
Item #
TA070001S
Contact
Oty.
1
Rick Still
Description
Playmaker Structure- Option B 8/13/07 wI Pfayweb Climber
Engineered wood fiber, 12" Compacted. layer of fabric for
3,700 sf in main area plus 1,536 for swing area
Phone:
Fax:
Price
S 43.372.95
Total Price I
$43.372.95
1
$ 8575.19
$8,575.1 g
$0.00
SO.OO
Installation of Structure and existing swing and safety
surfacing
$ 18,493.43
$18.493.43
SO.OO
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
grade site to minus 4"
$ 74,060.00
$74,060.00
SO.OO
$0.00
Does not include removal of current equipment and swings.
topsoil, seeding, soils testing, landscaping, temporary
fencing. Soils on site must meet the City's compaction
requirements.
SO.OO
SO.OO
$000
4,950.00 $4,950.00
1
Playworld's Performance Bond at 3% $
Washington State Contract #14803 Pricing:
Freight:
Sales Tax:
Total:
6,302.60
8.9% $13,862.12
$169.616.29
Please Note:
Unless specified above this quote does not include unloading, or storage of these materials.
A locate service for underground utilities must be completed before your scheduled instal/ation.
Does not include cost for permits.
Tax not included unless specifically stated.
Delivery times are currently 6:1: 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 1801:, 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.
Pfayground Consultant
Approved 8'1
Northwest Playground Equipment, Inc.
P.O. Box 2410. 345 N.\V. Dogwood. Issaquah, \VA 98027
Phone (425) 313-9161 FAX (425) 313-9194
EQUIPMENT QUOTE
QU OTE#
To Tukwila Spray Park
Date: 11/20/2007
Contact: Rick Still
Item # Qty. Description
Water Odyssey Spray Park to include Water Way (WC).
Water Web, Water Rail. (2) Spin N Spray Fish, Spill Mix,
Daddy Long Legs WC. (3) Pop Drop, Water Cage. (3) Baby
Long Legs, Water Sprout, SplashOO-Lator, Water Weave, (4)
Plain Drain, Wireless Touch & Go Bollard, WOC 816-W-NX
controller, Wr..1-12 Mainifold wi pressure gauge, drain valve,
water hammer arrestor, FPT inlet connection and 24VAC
bronze solenoid valves, FRP valve box,PRV20 Pressure
W9601 C reducing valve
Phone:
Fax:
Price
Totai Price I
S 63,74375
$63.74375
Installation of the above components includes 3/8" rebar 18"
on center, stained concrete and back flow preventer
S 120,00000 $120.000.00
Does not Include: Landscaping, permits, fees, charges for
hooking up to the sewer, and tapping the water main
Performance Bond at 4 %
58,400.00
Washington State Contract Pricing #14803
Sales Tax
Total'
8.9% 517.10079
$209.244 54
Please Note:
Unless specified above this quote does not include installation, unloading, or storage of these materials.
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 10:!: weeks after order for play equipment.
Orders cancelled after 2 weeks will be subject to a restocking fee and any freight costs incurred
Terms - 50% Due at time of order, 50% on deliverf.
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