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HomeMy WebLinkAbout000475 Original ContractReviewed by andall rackett, P.E. Deputy Director of Operations PROJECT MANUAL CONTRACT DOCUMENTS for Playground Safety Tiles PURCHASE CONTRACT NO. PK -12 -016 CITY OF PORT ANGELES WASHINGTON March 2012 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES RANDALL BRACKETT, DEPUTY DIRECTOR OF OPERATIONS Approved by William Bloor City Attorney City of Port Angeles Record #000475 PK -12 -016, Playground Safety Tiles page 1 of 16 CITY OF PORT ANGELES INVITATION TO BID for Playground Safety Tiles Sealed bids will be received by the Public Works and Utilities Director until 2 PM, Thursday, May 03, 2012 and will be opened and read in the Public Works Utilities Conference Room, Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington 98362. Bids will be taken for the following Materials. Schedule A. Bounce Back Playground Safety Tiles or Equal The materials to be bid are fully described in the instructions to bidders and the bid documents. Bid documents may be obtained at the Public Works and Utilities Department, between the hours of 8:OOam and 4:OOpm, City of Port Angeles, 321 E. 5 Street, Port Angeles, Washington 98362, (360) 417 -4541. Technical questions regarding this bid should be addressed to Dennis McBride, Fleet Manager at (360) 565 -3860, between the hours of 7:00 AM and 3 PM. The City of Port Angeles (hereafter "City reserves the right to reject any or all bids and to waive informalities in the bidding process. Subject to the foregoing, the contract may be awarded to the lowest responsible bidder. Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this invitation, shall not be discriminated against on the grounds of sex, race, color, age, national origin or handicap in consideration of an award of any contract or subcontract, and shall be actively solicited for participation in this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such notification. Further, all bidders are directed to solicit and consider minority and women owned businesses as potential subcontractors and material suppliers for this project Bids must be sealed with the outside of the envelope marked "BID OPENING DATE May 03, 2012 PURCHASE CONTRACT NO. PK -12 -016. The name and address of the bidder shall also appear on the outside of the envelope. Bids shall be addressed: Public Works and Utilities Department Attn: Glenn Cutler, Director of Public Works Utilities PO Box 1150, 321 East Fifth Street Port Angeles, Washington 98362 PUBLISH: Peninsula Daily News: April 19, 2012 PK -12 -016, Playground Safety Tiles page 2 of 16 INSTRUCTIONS FOR BIDDERS Playground Safety Tiles BID SUBMITTAL: All bids must be sealed with the outside of the envelope marked with the words: "BID OPENING DATE: MAY 03, 2012 PURCHASE CONTRACT NO. PK -12- 016." The name and address of the bidder shall also appear on the outside of the envelope. Bids shall be directed to: Public Works and Utilities Department Attn: Glenn Cutler, Director of Public Works Utilities PO Box 1150, 321 East Fifth Street Port Angeles, Washington 98362 It is the intent of the attached specifications to describe the minimum requirements for the materials requested in sufficient detail to secure bids on comparable materials. All parts included in the bid shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the bidder. Do not make reference to brochures or supporting literature on the bid sheet. All notations for bid compliance or exceptions are to be made on the bid sheet or on a plain piece of paper attached and referenced to the bid item. The City's bid sheet must be signed by the bidder or its agent in order for the proposal to be accepted. If alternate materials are proposed, bidders are required to submit a separate bid sheet for each unit offered. All bids must be made on the required bid form and in cases of errors in the extension of prices in the bid, the unit prices will govern. All blank spaces for bid prices must be filled in, with ink or typewritten, and each bid form for which the bidder is providing a bid must be fully completed and executed when submitted. Only one copy of each complete bid form is required. The completed bid form(s) must be accompanied by one completed Bid Signature Sheet, and one completed Non Collusion Affidavit form. Faxed bids will not be accepted. Failure to adhere to instructions may constitute disqualification of proposal. BASIS OF AWARD: The basis of award will be determined by the value of the base bid for each vehicle including all mandatory equipment, taxes, and licensing for that vehicle. The basis of determining award for each vehicle does not include the trade -in offer bid item nor optional equipment and their associate taxes. Award of the trade -in offer bid item will only be made to vendor that is awarded the bid item specifically for the new vehicle bid item that is associated to it. COMPLIANCE WITH SPECIFICATIONS: The equipment must be in accordance with the specifications. PK -12 -016, Playground Safety Tiles page 3 of 16 Failure on the Contractor's part to comply with any specification herein will be grounds for disqualification of the bid. All items called for in the specifications, including but not limited to the equipment constructed as shown, and the necessary manuals, must be complied with before the final payment can be processed. Where the description of an item includes both specifications and a brand name and number, the specifications shall govern in case of conflict. Brand name and number are for reference as to the type and quality required and do not preclude offers of a comparable or better product, provided full specifications and descriptive literature accompany the offer. Failure to include full descriptive literature may be cause to reject the offer. WARRANTY: The purchased equipment must have full Manufacturer's warranties, and the warranties must inure to the benefit of the City. Vendor agrees to these warranty provisions by signing the bid proposal. SAFETY: These units shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. The units shall be tested by the successful bidder for compliance with all OSHA/WISHA regulations and the State Department of Labor and Industries Electrical Workers Safety Rules. DELIVERY ACCEPTANCE: The successful bidder shall be responsible for delivery to the City's Corp Yard at 1703 South B Street, Port Angeles, Washington, between the hours of 7:00 AM and 3:00 PM during the City's normal work day. Delivery shall be made within the time period specified on the Schedule but not later than 180 days after the contract is signed. GENERAL INFORMATION: The City of Port Angeles reserves the right to consider delivery time and may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No Bidder will be permitted to withdraw its proposal between the closing time for receipt of proposals and the execution of contract, unless the award is delayed for a period exceeding sixty (60) calendar days. The City of Port Angeles may, at its option, in awarding this purchase contract, take into consideration the revenue it would receive from purchasing the equipment from a supplier located within its boundaries, in accordance with RCW 39.30.040. Offers made in accordance with the Invitation to Bid shall be good and firm for the period specified in the bid unless the Bidder specifically limits its offer to a shorter period by written notification on the bid document. However, bids so modified may be declared non responsive. PK 016, Playground Safety Tiles page 4 of 16 Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this invitation, shall not be discriminated against on the grounds of sex, race, color, age, national origin or handicap in consideration of an award of any contract or subcontract, and shall be actively solicited for participation in this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such notification. Further, all bidders are directed to solicit and consider minority and women owned businesses as potential subcontractors and material suppliers for this project. Signing of the bid sheet by Contractor and subsequent acceptance by the City of the lowest responsive bid will constitute a binding agreement between the City and Contractor. Contractor understands and agrees that no contract payment will be made until the City certifies that all stated specifications have been complied with and the equipment is delivered and accepted by the City. Bids will be evaluated and submitted to the City Council for approval as soon as possible after bid opening. Upon award of the contract to the successful bidder, the City will send the Contractor duplicate, complete sets of Contract Documents, which will include the City's Purchase Order Requisition. The Purchase Order Requisition will include the final agreed upon price and the specific equipment and options being purchased. The Contractor will then sign the duplicate sets of Contract Documents and return them for signing by the City. Each party will retain a fully executed set of the Contract Documents. The Invitation to Bid is released by the City of Port Angeles Public Works and Utilities Department, which shall act as sole point of contact for administration of the bidding. Questions should be directed to Lucy Hanley, Contract Specialist, (360) 417 -4541 or to Than ley(a�citvofpa. us. STANDARD TERMS AND CONDITIONS: THE PURCHASE CONTRACT INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND THE PUBLISHED RULES, REGULATIONS, AND LAWS OF THE CITY OF PORT ANGELES AND THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY REFERENCE. 1. CHANGES: No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification will be effective without written consent of the appropriate representative of the City. 2. HANDLING: No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers or reels, unless otherwise stated herein. 3. DELIVERY ACCEPTANCE: For any exception to the delivery date as specified in this Contract, Contractor shall give prior notification and obtain written approval thereto from the City. Time is of the essence and the Contract is subject to termination for failure to deliver as specified and /or appropriate damages. The acceptance by the City of late performance with or without objection or reservation shall not waive the right to claim damage PK -12 -016, Playground Safety Tiles page 5 of 16 for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor. 4. PAYMENTS: Invoices will not be processed for payment until receipt of a properly completed invoice or invoiced items, whichever is later. Payment will be made within 30 days of receipt of invoice. 5. DAMAGES FOR DELAY: Delays add cost to the City in the form of time needed for operational duties, administration and supervision and in the form of replacement equipment rental. Because the City finds it impractical to calculate all of the actual cost of delays, it has adopted the following to calculate liquidated and actual damages for failure to complete the delivery of the equipment/material on time. Accordingly, the Contractor agrees to the following: a. To pay liquidated damages in the amount of $25 for each working day beyond the number of working days established for physical delivery of the equipment/material; and b. To pay actual damages equal to the actual cost to the City for rental of equipment necessary for the user Department to continue with its operations; and further c. To authorize the City to deduct these liquidated and actual damages from any money due or coming due to the Contractor. 6. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. 7. REJECTION: All goods or materials purchased herein are subject to approval by the City. Any rejection of goods or material resulting because of non conformity to the terms and specifications of this Contract, whether held by the City or returned, will be at Contractor's risk and expense. 8. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Contract shall contain the applicable purchase contract number. 9. INFRINGEMENTS: Contractor agrees to protect and hold harmless the City against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suite or proceedings. 10. WARRANTIES: Contractor warrants that articles supplied under this Contract conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. 11. ASSIGNMENTS: The provisions or moneys due under this Contract shall only be assignable with prior written consent of the City. 12. TAXES: Unless otherwise indicated the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Contractor shall be made for PK -12 -016, Playground Safety Tiles page 6 of 16 federal excise taxes, and the City agrees to furnish Contractor, upon acceptance of articles supplied under this Contract with an exemption certificate. 13. LIENS, CLAIMS AND ENCUMBRANCES: Contractor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. 14. RISK OF LOSS: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to acceptance of the material by the purchaser. Such loss, injury or destruction shall not release Contractor from any obligation hereunder. 15. HOLD HARMLESS: Contractor shall protect, indemnify, and hold the City harmless from and against any damage, cost or liability for any injuries to persons or property arising from acts or omissions of Contractor, its employees, agents or subcontractors howsoever caused. 16. ANTI TRUST: Contractor and the City recognize that in actual economic practice overcharges resulting from anti -trust violations are in fact borne by the City. Therefore, Contractor hereby assigns to the City any and all claims for such overcharges. 17. DEFAULT: Contractor shall be liable for damages suffered by the City resulting from Contractor's breach of Contract. The Contractor covenants and agrees that in the event suit is instituted by the City for any default on the part of the Contractor, and the Contractor is adjudged by a court of competent jurisdiction to be in default, Contractor shall pay to the City all costs, expended or incurred by the City in connection therewith, and reasonable attorney's fees. The Contractor agrees that the Superior Court of the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in Clallam County. 18. BRANDS: When a special brand is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided the bidder specifies the brand and model and submits descriptive literature when available. Any bid containing a brand that is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. 19. SAFETY: The materials shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. 20. ACCEPTANCE: CONTRACTOR ACCEPTS ALL OF THE TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE BY THE CITY TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR CONTRACTOR AS A CONDITION OF ACCEPTANCE OR DELIVERY. PK -12 -016, Playground Safety Tiles page 7 of 16 PURCHASE CONTRACT ARTICLE I CONTRACT DOCUMENTS ARTICLE II CONTRACT COST ARTICLE III ASSIGNMENT ARTICLE IV APPLICABLE LAW AND VENUE ARTICLE V NONDISCRIMINATION THIS AGREEMENT is made and entered into this 15 day of /4 2012, between the City of Port Angeles (hereinafter called the "Purchase and Allplay Systems, LLC (hereinafter called the "Contractor "Vendor or "Bidder"). WITNESSETH: That the Purchaser and the Contractor, in consideration of the performance of the terms and conditions hereinafter mentioned, agree as follows: The complete contract includes the Invitation to Bid, the Instructions to Bidders, the Bid, the Specifications, the Standard Terms and Conditions, the Purchase Order Requisition, and the Purchase Contract. The foregoing documents shall hereinafter be called "Contract Documents" or "Contract All obligations of the Purchaser and the Contractor are fully set forth and described herein. In the event of a discrepancy between any of the Contract Documents, as above defined, the Purchaser shall give a written interpretation thereof, which interpretation shall govern. The Contractor agrees to sell and deliver to the Purchaser, at the delivery points specified by the Purchaser in the form of a purchase order, and the Purchaser agrees to purchase and receive from Contractor the equipment as described and set forth in the Contract Documents, Schedule A, and the provisions of the Contractor's bid attached and made a part hereof. The Contractor shall not assign any of its responsibility under this Contract without the express written consent of the Purchaser. This Contract shall be governed by, and construed in accordance with, the applicable laws of the State of Washington. Any legal proceedings to determine the rights and obligations of the parties hereunder shall be brought and heard in Clallam County Superior Court. PK -12 -016, Playground Safety Tiles page 8 of 16 During the performance of this Contract, the parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: 1. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. 2. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring an employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. ARTICLE VI TERMINATION OF CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor or the Contractor's subcontractors, the Purchaser may serve written notice of intention to terminate such Contract upon the Contractor, which notice shall specify the reasons therefore. Unless within thirty (30) days after serving such notice upon the Contractor such violation shall cease and an arrangement for the correction thereof satisfactory to the Purchaser be made, the Contract shall, upon the expiration of the said thirty (30) days, cease and terminate. In the event of any such termination, the Purchaser may purchase the materials necessary for complete performance of this Contract, and the Contractor shall be liable to the Purchaser for any excess cost thereby. PK -12 -016, Playground Safety Tiles page 9 of 16 ARTICLE VIII WAIVER Waiver of any breach of any term or condition of this Contract shall not be deemed a waiver of any prior or subsequent breach, no term or condition of this Contract shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. ALLPLAY SYSTEMS, LLC CITY OF PORT ANGELES Bocz?Q_ Title: e9G(./Y)Pi4) Dated: b/e /!V-- By: 0 Title: TA. -ei CI rnan o-- Dated: 7 1 Si i 2 ATTEST: City erk Appro ed to as to f City Attorney PK -12 -016, Playground Safety Tiles page 10 of 16 City of Port Angeles Invitation to Bid Purchase Contract: PK -12 -016 GENERAL DESCRIPTION: Bounce Back Playground Safety Tiles or Equal DELIVERY LOCATION: 1703 South B Street, Port Angeles, WA. 98363 APPROVED EQUAL: The term "Approved equal" shall mean that the quality of equipment must meet the quality of the named reference and receive City approval. The City shall be the sole arbiter in the determination of equality and reserves the right to reject any and all bids and accept the bid or bids that, in the sole and absolute judgment of the City, will best serve the interests of the City. BID ITEMS 1, 2 3: Playground Safety Tiles Accessories Bid Item 1: 1,117 42' x 2' Non Interlocking Bounce Back Tiles. Color: Black Tiles are to be 3.5" Thick for an 8' Critical Fall Height. Bid Item 2: 18 5 Gallon Buckets of CX -941 Adhesive Bid Item 3: 66 4 Tubes of CX -948 Caulking SPECIFICATIONS: 1. The playground safety tiles shall be Bounce Back or equal Schedule A Playground Safety Tiles 2. All necessary material components and installation instructions required to install the Bounce Back playground safety surfacing or equal must be provided. 3. WARRANTY: Bounce Back Playground Safety Tiles or equal shall be warranted by the manufacturer for any defects in material and workmanship for a period of 10 years from the date of purchase order issuance. 4. The manufacturer shall meet the requirements set forth by the ISO 9001- 2000 registered company. 5. The playground safety tiles must be manufactured in the U.S.A. 6. The playground safety tiles shall be designed to provide an impact absorbing resilient safety surface which is utilized in the fall area or safety zones around playground equipment. 7. The playground safety tiles shall meet the Consumer Product Safety Commission (CPSC) and American with Disability Act (ADA) requirements tested by the American Society for Testing and Material (ASTM) methods. PK -12 -016, Playground Safety Tiles page 11 of 16 Playground safety tiles must meet the Head Injury Criteria (HIC) tests for applicable fall heights and are certified by the International Play Equipment Manufacturers Association (IPEMA). 8. Bidders shall submit samples of playground safety tile along with their bid. 9. All materials listed above shall be delivered in good condition in the original packaging materials with product information intact. 10. The materials shall be protected from weather and the adhesives used to secure the materials shall be stored in temperatures of 40 F (4 C) or higher. 11. The materials shall not be subjected to solvents or other damaging chemicals. 12. The following shall be provided along with quotes. a. Samples of the playground safety tiles b. Technical specification: 1. Abrasion Resistance (ASTM D 4060) 2. Tear Strength (ASTM D 624) 3. Coefficient of Friction* (ASTM C 1028) 4. Water Permeability* 5. Lead Content (ASTM D 4004) 6. Weatherization Test (ASTM C 67 D 573) 7. Fall Height Criteria (ASTM F 1292 -99) Note: ASTM American Standard for Testing Materials Test conducted on Color Top and EPDM material PK -12 -016, Playground Safety Tiles page 12 of 16 BID ITEM DESCRIPTION QTY UNIT COSTS EXTENDED COSTS 2' x 2' Non Interlocking Bounce Bid Item 1 Back Tiles or Equal 1,117 ea. $21.11 g a $1 Tiles are to be 3.5° thick for an 8' Cntical Fall Height. Color Black 5 Gallon Buckets of CX -941 18 $1g5.00 S 3 Bid Item 2 Adhesive Bid Item 3 Tubes of CX-948 Caulking 66 11 j L I 70 FP $IO (0a. 03 Subtotal of Extended Costs A 51 (00 WA Sales Tax (8.4 ay Total Amount 43093.n P111 VILA) I...) PK -12 -016, Playground Safety Tiles City of Port Angeles Bid No. PK -12 -016 BID FORM Playground Safety Tiles Bidder must bid on all bid items for a bid to be valid. The bidder hereby bids the following amounts for all material described in the Schedule A of the Contract Document. page 13 of 16 City of Port Angeles Bid No. PK- 12-016 Playground Safety Tiles BID SIGNATURE SHEET (BID SUMMARY and SIGNATURES) Will you sell additional units to the City of Port Angeles at the bid price until further notice? j4 Yes No ADDENDA ACKNOWLEDGMENT: The bidder hereby acknowledges that it has received Addenda No(s). to this project manual. The undersigned hereby accepts the terms and conditions as set forth herein. This bid submittal sheet must be signed and dated by the bidder or a representative legally authorized to bind the bidder. FULL LEGAL NAME OF BIDDER Al I pliy 53 /S54ernc U_C. TYPE OF BUSINESS: Corporation Partnership (general) Partnership (limited) ADDRESS Pt7. PDX I AV,, Sole Proprietorship jg Limited Liability Company CITY /STATE/ZIP SP/U.f (Yl WA qP) Ra_. PHONE 30. nR. 5 FAX $R. 66S.6W id. NAME (PLEASE PRINT) DinI:01IC PO iinrSon TITLE manogin9 manrbor SIGNEB��OOo �iyh�� DATE PK -12 -016, Playground Safety Tiles page 14 of 16 STATE OF WASHINGTON COUNTY OF NON COLLUSION AFFIDAVIT The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to him /her self an advantage over any other bidder or bidders. Subscribed and sworn to before me thisv day of 1 l 111 I 1 111 o y 'y 9 w EXP. 08/03/2013 y i ••(IBt�G/ OE IA1! P PK -12 -016, Playground Safety Tiles 419 /iii dwr' Signature of Bidder /Contractor Notary Pu State of Residing at My Comm. Exp.: page 15 of 16 BIDDER'S CHECKLIST 1. Has the Bid Submittal Sheet been properly signed, and corporate seal affixed, if applicable? 2. Has the Non Collusion Affidavit been property executed? 3. Have all Addenda, if any, been acknowledged on the Bid Submittal Sheet? 4. BID MUST BE SUBMITTED BY THE TIME AND DATE SPECIFIED IN ORDER TO BE CONSIDERED A VALID BID. PK -12 -016, Playground Safety Tiles page 16 of 16