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HomeMy WebLinkAboutCAP 2007-11-27 Item 2B - Bid Award - Tukwila Community Center Spray Park to Northwest Playground Equipment Parks and Recreation Department Rrllr~ Pl~trh~r n-jr~rtr'\r 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: Spray Park - Bid Award Project Number 06-PK02-SPRA YPK-07 ISSUE Award the Tukwila Community Center Spray Park Project Contract to Northwest Playground Equipment, Inc., of Issaquah, Washington. BACKGROUND The Tukwila Community Center was selected as the host for the Spray Park Project because the City owns the property, the Parks and Recreation Department uses this park as its main base of operations for most of the youth programs and special events and this park already has adequate parking needed. Additionally, staff is on site during our normal business operations and can deal with issues arise. The spray park water can be controlled just like an irrigation system, so we can turn on or off the system as needed for department events or rentals; and to maintain specific operating hours. The spray park features are turned on and off by a push button mechanism so there isn't water running when no one is there, or when a child may choose to go to a different feature. The individual spray nozzles can be controlled for the amount of flow. All of these water saving devises will help keep the operating cost lower. ACTION TAKEN SLA Landscape Architecture was contracted to design the spray park area. They designed the Auburn spray park and have good experience with making sure the spray park is safe, enjoyable and functions well. A Bid was obtained from Northwest Playground Equipment as part of the Washington State Bid program, Contract Number 14803, for $209,244.54. The project budget is $220,000 plus $5,000 for design work. So, only a 5% contingency is being requested to stay within budget. BUDGET AND BID SUMMARY (All amounts include sales tax.) Bid Results Architect's Estimate $209,244.54 $200,000.00 10,462.23 20,000.00 $219.706.77 $220.000.00 Bid Amount Contingency (5%) Total Remaining Budget $ 93.23 $ 93.23 RECOMMENDATION Authorize the Mayor to award a construction contract for the Spray Park Project to Northwest Playground Equipment, Inc. in the amount of $209,244.54. 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. 06-PK02-SPRA YPK-07 Budget Item: 301.00.594.760._.66 Project Name: Spray Park Contractor's State Tax No. UBI No. 601691557 Bond Registration No. CBIC Insurance Bond No. SA 17 40 Completion Date Please initial all attachments, then sign and return copies ONE and TWO to City of Tukwila, Parks and Recreation Department, 12424 4Z'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 Spray Park, Project No. 06-PK02-SPRA YPK-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 Spray Park 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 Spray Park 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 $209,244.54 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 2Q, 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 anyone 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 materials 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 Spray Park 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. K. Performance Bond Spray Par'K 11-20-07 NW Piaygoumd. Inc. Agreement Form C-4 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. R. Discrimination Prohibited Spray Park 11-20-07 NW Playgoumd. Inc. Agreement Form C-5 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: Mayor Title: Date: Date: ATTEST/AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: Spray Par'< 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 Spray Park. 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-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. Spray Park 11-20-07 NV.J Piaygoumd, Inc.