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HomeMy WebLinkAboutCAG2024-143 - Original - King County Directors Association - Lake Meridian Park Playground Equipment & Safety Surfacing - 03/19/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: "27 Agreement Routing Form Dir Asst: RL RL, • For Approvals,Signatures and Records Management Dir/Dep: IL BL KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services Date Sent: Date Required: > 02/26/2024 3/11/2024 O Q Authorized to Sign: Date of Council Approval: Q Mayor or Designee 2/20/2024 Budget Account Number: Grant? Yes NOW] P00006 Budget?W]Yes E]No Type: N/A Vendor Name: Category: King County Directors Association Other Vendor Number: Sub-Category: = 34116 Original O Project Name: Lake Meridian Park - Playground Equipment & Safety Surfacing 3- Project Details: Purchased through vendor Northwest Playground Equipment Inc.through KCDA 0- cooperative purchasing agreement Nov— C O Basis for Selection of Contractor: AgreementAmount: $232,192.87 E *Memo to Mayor must be attached 3- Start Date: March 2024 Termination Date: Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: ❑Yes In-ProcessWlExempt(KCC 5.01.045) W1Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2024- 143 Comments- V1 Mayor's Signature required on PINK ARF only. a� o �]DaAn, N 3 Dana Ralph,Mayor 3Ja � ol,6,k O 03/19/2024 .� Date O DC Date Received:City Attorney: 3/12/24 (Date Routed:Mayor's Office 3/18/24 City Clerk's Office 3/19/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 8.G KENT VJAS H I N GTON DATE: February 20, 2024 TO: Kent City Council SUBJECT: Purchase of Playground Equipment and Safety Surfacing for Lake Meridian Park - Authorize MOTION: I move to authorize the Parks Department to purchase equipment, services, and supplies through the King County Director's Association Cooperative Purchasing Agreement with Northwest Playground Equipment, Inc. within budgets previously established and approved by Council and within the term of agreement, including any extension. SUMMARY: The King County Director's Association (KCDA) is public agency owned by Washington's public-school districts. KCDA's mission is to provide centralized procurement services to member school district and public agencies that will save them time and money as well as comply with all legal procurement requirements. The City's purchasing cooperative agreement with KCDA allows the Parks Department to utilize the Northwest Playground Equipment's agreement with KCDA to purchase playground equipment and playground surfacing installations services directly from Northwest Playground Equipment. This purchase will provide for the purchase and installation of new playground equipment and safety surfacing for the Lake Meridian Park Playground. The current safety surfacing is at the end of its useful life. The Parks Department consulted with the City Attorney's Office on this cooperative agreement, who reviewed its terms and advised that no other contract document is required for the City to take advantage of the cooperative agreement and purchase through it, assuming Council authorizes the same. A copy of the complete contract document is already on file with the City Clerk's Office and a copy is attached for Council's review. This agreement currently runs through April 2024, but may be renewed two more times through April 2026. This renewal option has already been exercised in the past and Northwest Playground has indicated its intent to continue to work with KCDA on subsequent contract renewals. The City's purchase will be conditioned on renewal of the KCDA Master Agreement with Northwest Playground Equipment. BUDGET IMPACT: Expense impact to the Park Capital Budget Packet Pg. 116 8.G SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Comm unit - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. KCDA Master Agreement with Northwest Playground Equipment (PDF) 2. KCDA NW Playground Award Letter (PDF) 3. KCDA NW Playground Extension (PDF) 4. Norrthwest Playground Draft Quote (PDF) 02/06/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/20/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Satwinder Kaur, Council President AYES: Boyce, Boyd, Fincher, Kaur, Larimer, Michaud, Troutner Packet Pg. 117 Northwest Playground Equipment, Inc. PO Box 2410,Issaquah,WA 98027-0109 T\w Phone(425)313-9161 FAX(425)642-8117 Email: sales@nwplayground.com QUOTE Quote# DN-372024-00004111 To: Kent, City of Date: 03-07-2024 Re: Lake Meridian Park- Surfacing Replacement Quote Name: Lake Meridian Park- Playground Surfacing Replacement Bill To: 220 Fourth Ave S Site Address: 14800 SE 272nd St. Kent, WA 98032 Kent, WA 98030 Name: Bryan Higgins Phone: 253-856-5113 Email: bhiggins@kentwa.gov Cell: 206 348 4957 Item# Qty Description Price Total Price EQUIPMENT FlexGround FlexGround 1 Poured-In-Place Rubber Surfacing: Removal and disposal of existing $105,000.00 $105,000.00 Pour In Place Top Coat, Patch Repair as needed on Base Course, Furnish and Install New Wear Course with the Colors as per plan provided. NOTE: Customer Responsible for Fencing and Security at Site During Installation. ForeverLawn Playground 1 1,845 Square Feet of Forever Lawn Playground Grass Ultra with a 1" $50,750.00 $50,750.00 Grass SafetyFoam Pro pad good for a 4' Critical Fall Height. Quote includes: Removal and Disposal of Existing Turf and Pad, Repair Edge as Needed, Reinstall Edge Nailer as needed, pull back wood chips around perimeter- Envirofill Infill, Edging in Composite Board, Seaming Tape, and Installation. Dynamo DX-2100-F 1 ApolIOTM with Floor $26,140.00 $26,140.00 Equipment Subtotal (less tax): $181,890.00 CONTRACT DISCOUNT FlexGround KCDA- King County Directors Association Discount: BID#22-315 5% ($5,250.00) ForeverLawn KCDA- King County Directors Association Discount: BID#22-315 8% ($4,060.00) Dynamo KCDA- King County Directors Association Discount: BID#22-315 7% ($1,829.80) FREIGHT ForeverLawn Freight $3,500.00 Dynamo Freight $6,750.00 Equipment Total (less tax): $181,000.20 CERTIFIED INSTALLATION Equipment & 1 Removal and Disposal of Existing Equipment On-Site - Dynamo $6,750.00 $6,750.00 Footing Apollo Sinner and Footing Removal Page 1 of 3 Thank you for considering Northwest Playground Equipment,Inc for your Park,Playground,Shelter and Sports Equipment requirements Northwest Playground Equipment, Inc. PO Box 2410,Issaquah,WA 98027-0109 T\W Phone(425)313-9161 FAX(425)642-8117 Email: sales@nwplayground.com Deluxe Install 1 Deluxe Installation of Listed Dynamo Equipment. Price Includes $17,000.00 $17,000.00 Receiving Equipment and Offloading Onsite, Installation Through Dirt, Disposal of Dirt from Holes and Debris Offsite. Customer is Responsible for all Permits or Fees. Quote doesn't include Site Prep Prevailing Wage Installation Total: $23,750.00 Performance Bond (If Required): 3.0% $6,142.51 Credit Card Fee (If Required): 3.5% Location Code: 1715 Resale Certificate Required for Tax Exemption: Tax: 10.10% $21,300.16 ORDER TOTAL: $232,192.87 Acceptance of Proposal: (Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote) The items, prices and conditions listed herein are satisfactory and are hereby accepted. Doug Nelson Sales Rep Customer Signature Date Page 2 of 3 Thank you for considering Northwest Playground Equipment,Inc for your Park,Playground,Shelter and Sports Equipment requirements Northwest Playground Equipment, Inc. PO Box 2410,Issaquah,WA 98027-0109 T\w Phone(425)313-9161 FAX(425)642-8117 Email: sales@nwplayground.com Project Name: Lake Meridian Park- Surfacing Replacement Quote# DN-372024-00004111 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is only valid for 10 days. Orders placed or requested for delivery after 10 days are subject to Steel and Material price increases and Surcharges. (Pls Initial) It is the Buyer's responsibility to verify quantities and description of items quoted. Once your order has been placed, any changes including additions, deletions or color changes, will delay your shipment. EXCLUSIONS: Unless specified,this quote specifically excludes all of the following: Required Permits; Davis Bacon, Certified Payroll or Prevailing Wage fees Performance/Payment Bonds Site work and landscaping Removal of existing equipment Unloading; Receiving of inventory or equipment; Storage of equipment Equipment assembly and/or installation Safety surfacing; Borders or drainage requirements Landscaping Repairs DUE to poor access or in climatic weather FREIGHT AND DELIVERY: Shipping is FOB Origin.A 24-hr Call Ahead is available at additional cost. Delivery is currently 5+weeks after order submittal. Unless otherwise noted, all equipment is delivered unassembled. (Pls Initial)Buyer is responsible to meet and provide a minimum of 2 ADULTS to unload truck A Check List,detailing all items shipped,will be mailed to you and a copy will be included with the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List. (Pls Initial)Shortages or damages must be noted on the driver's delivery receipt. Shortages or damages not noted become the buyers financial responsibility. Damaged Freight must be refused. Please notify Northwest Playground Equipment immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconsignment fee will be charged for any changes made to delivery address after order has been placed. TAXES: All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reseller Permit is on file at the time the order is placed. PAYMENT TERMS:An approved Credit Application is required for new customers. 50%down payment is due at time of order with balance due upon delivery, unless other credit terms have been approved. Interest may be charged on past due balances at an annual rate of 18%. A 3%charge will be added to all credit card orders. RESTOCKING: Items canceled, returned or refused will be subject to a minimum 25% restocking fee.All return freight charges are the responsibility of the Buyer. MAINTENANCE/WARRANTY: Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only; labor is not included. Northwest Playground Equipment offers no additional warranties. Maintenance of the equipment and safety surfacing is the responsibility of the customer. Any unauthorized alterations or modifications to the equipment(including layout)will void your warranty. INSTALLATION: (if applicable) A private locate service for underground utilities must be completed before your scheduled installation. Site must be level and free of loose debris(this includes ground cover/chips). A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor. An onsite dumpster must be provided for disposal of packaging materials. Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area. Arrangements must be made in advance for the removal/disposal of existing equipment. Additional charges may apply if large rocks or concrete are found beneath the surface. Access to power and water must be available. Site supervision is quoted in 8-hour days. Acceptance of Terms & Conditions: Acceptance of this proposal, made by an authorized agent of your company, indicates agreement to the above terms and conditions. Doug Nelson Sales Rep Customer Signature Date Page 3 of 3 Thank you for considering Northwest Playground Equipment,Inc for your Park,Playground,Shelter and Sports Equipment requirements Northwest plgground Equipment, Inc. Quality Playground Systems • Sports Equipment • Surfacing • Shelters • Site Amenities Introduction and Executive Summary Thank you again for the opportunity to submit a proposal for the KCDA Playground Equipment and Matting contract. We at Northwest Playground Equipment have been providing fun and making customers happy for over 25 years. Our goal is to provide a full product offering for the outdoor recreation environment. We have grown to be the largest firm in our region by providing quality products and satisfied customers. We have offered a broad range of products to make sure that all of your customers' needs are taken care of. NPEI can sell and market Playworld Systems, your main playground equipment manufacturer. In addition, we have complemented Playworld's product offerings with Steel Climbing/Rotating equipment from Dynamo, great sounding musical instruments from Freenotes Harmony, and custom concrete products from Cre8Play. This should fulfill all your customers' requirements for playgrounds. We have included safety surfacing, site amenities, shade structures and installation as well. We would like to be your one stop for your Recreational Product requirements! PO Box 2410,Issaquah,WA 98027 1.800.726.0031 PH:425.313.9161 FAX: 425.313.9194 www.nwplayground.com KVVAPURCHA SING COOPERATIVE 18639-80TM Ave S.•P.O.Box 5550•Kent,ViA 96064-5550•Phone 425-251-8115•Fax 253-395-5402•vv,&kcda.ag COMPANY PROFILE Playground Equipment, Surfacing, & Site Amenities Bid #22-315 COMPANY CONTACT INFORMATION Company Name: Northwest Playground Equipment. Inc. Website:_www.nwplayground.com Company Address: 345 NW Dogwood Street City: Issaquah State: WA Zip: 98027 Contact Person: Robert S McGarvey Title- Pre silent Contact Phone: 425-313-9161 Contact Email:—bob@nwplayground.com State of WA Department of Licensing Contractor's Registration No. NORTHPE044DJ State of WA UBI Number 601 691 557 State of WA Department of Employment Security No. 861376000 Washington State Excise Tax Registration No. A 05 4410 17 Federal Tax ID Number 91 - 1719261 DUNS Number 36-210-1818 BACKGROUND Note: Generally, in high level contracts, KCDA will not accept an offer from a business that is less than five(5)years old, or which fails to demonstrate and/or establish a proven record of business. If the bidder has recently purchased an established business or has proof of prior success in either this business or a closely related business,provide written documentation and verification in response to the questions below. KCDA reserves the right to accept or reject newly formed companies based on information provided in this response and from its own investigation of the company. This business is a ❑ public company M privately owned company. In what year was this business started under its present name? 1996 Under what other or former name(s) has your business operated? N/A Is this business a corporation? ❑ No 12'Yes. If yes, please complete the following: Date of incorporation:_3/11/1996 State of incorporation: WA Name of President: Robert S McGarvey Name(s)of Vice President(s): _Carolyn McGarvey. Christopher McGarvey, and Eri cArneson Name of Secretary: Ca olyn K&Garvey Name of Treasurer: Carolyn McGarvey Is this business a partnership? V No ❑ Yes. If yes, please complete the following: Date of organization: State founded: Type of partnership, if applicable:_ Name(s) of general partner(s): Is this organization individually owned? UNo ❑Yes. If yes, please complete the following: Date of organization: State founded: Name of owner: This organization is a form other than those identified above. IVNo ❑ Yes. IF THEANSWER 1S YES, describe the company's format, year and state of origin,and names and titles of the principals. COMPANY HEADQUARTER LOCATION Company Address:`345 NW Dogwood Street City: Issaquah mm State:_WA Zip:_98027 Main Phone Number:_ 425-313-9161 How long at this address? 12 years COMPANY BRANCH LOCATIONS Branch Address: City: Spokane State:_ WA Zip: 99206 Branch Address: City: Newberg State:_ OR Zip: 97132 Branch Address: City: Bend State:_ OR Zip: 97701 Branch Address: City:__Fife State: WA Zip:._ ... 98424 if more branch locations, insert information here or add another sheet with above information. SALES HISTORY Provide your company's annual sales for 2018, 2019 and 2020 in the United States by the various public segments: 2018 2019 2020 K-12(public&private), Educational Service Agencies $ 2.4M+ $ 2.2M+ $ 2.4M+ Higher Education Institutions $ $ $ Counties, Cities,Townships,Villages $ $ $ 1.5 M+ 1.1 M+ 960K+ States $ $ $ 25K+ 52K+ 82K+ Other Public Sector&Non-profits $ $ $ 158K+ 7680 191 K+ Private Sector $ $ $ 782K+ 786K+ 1.3M+ TOTAL $ TSM+ $ 5M+ $ 5M+ WORK FORCE 1. Key Contacts and Providers: Provide a list of the individuals, titles, and contact information for the individuals who will provide the following services: Function Name Title Phone Email Contract Manager . Bob McGarvey President 425.313.9161 bob@nwplayground.com Sales Manager Eric Arneson Vice President of Sales 206.920,2660 eric@nwplayground.com Customer.& .Support.Manager Eric Arneson Vice President of Sales 206.920.2660 eric@nwplayground..com Distributors, Dealers, Installers, j Sales Reps Eric Arneson Vice President of Sales 206.920.2660 eric@nwplayground.com Consultants& Trainers Eric Arneson .:.Vice:President of Sales 206.920.2660 eric@nwplayground.com Technical, Maintenance& Support Services Eric Arneson Vice President of Sales 206.920.2660 eric@nwplayground.com Quotes, Invoicing& Payments Eric Arneson Vice President of Sales 206,920,2660 eric@nwplayground.com Warranty&After the Sale Eric Arneson Vice President of Sales 206.920,2660 eric@nwplayg round.com Function Name Title Phone Email Financial Manager Bob McGarvey President 425.313.9161 bob@nwplayground.com 2. Sales Force: Provide total number and location of salespersons employed by your company in the states of Washington, Oregon, Idaho,Montana and Alaska by completing the following: (To insert more rows, hit the tab key from the last field in the State column.) Number of Sales Reps City State 4 Issaquah&Spokane WA 2 Portland &Bend OR 1 Issaquah AK 1 Honolulu HI 3. Service/Support and Distribution Centers: Provide the type (service/support or distribution) and location of centers that support the states of Washington, Oregon, Idaho, Montana and Alaska completing the following: (To insert more rows,hit the tab key from the last field in the State column.) Center Type City State Service/Support Issaquah & Spokane WA Service/Support Portland & Bend OR 4. In-House Resources: Describe the business's current in-house workforce, equipment and facilities available to perform under this solicitation. We.have-demonstrated_our.ability,to.perform on this contract for over 10 years_We have.Sales Reps and Sales Assistants ,to assist customers:logistics department to track shipments:accounting department to hell)answer Questions:and a warehouse of common service parts.Customer Service is one of our highest priorities. 5. Sales Training: Explain how your company will educate your sales staff on the KCDA contract including timing, methods,etc. We have been fortunate to be on the KCDA contract for over 10 years.Our Sales Reps,Sales Assistants, and Accounting personnel are quite familiar with it.For new personnel,we usually have a senior person go thru the KCDA's requirements for quotes, orders and billing. ENVIRONMENTAL INITIATIVES 1. Describe how your products and/or services support environmental goals. Our manufactures all have a high percentage of recycled content where feasible in their steel,aluminum, and plastics. In addifion.we frr to rprycla as much as pnssihla during insfallafinn. 2. Describe the company's "green" objectives (i.e. LEED, reducing footprint, etc.). Qur wood manufacturers tcy and use woodfrom sustainable forests. Their carbon footprint is suite a bit lower than other steel/plastic playground manufacturers.In addition,all of our manufacturers will help customer with information to _help.slap�a>:t.Ebel!:!-EEII.rerfifiPd_projacts _._.. __ I i COOPERATIVE CONTRACTS 1. Does your company currently have contracts with other cooperatives(local,regional,state,national)? �j YES NO j I If YES, identify which cooperatives and the respective expiration date(s). NPP— National Purchasing Partners--5/1/2025 — —, NASPO - National Association of State Procurement Officials- 12/1/2023 If YES and your company is awarded a KCDA Contract,which contract will you lead with in marketing and sales representative presentations (sales calls)? KCDA—King County Directors' Association INDEPENDENT SUBCONTRACTORS,DISTRIBUTORS,INSTALLERS, ETC. If the Bidder is not the sole manufacturer/provider of all goods and services provided under this contract, the following must be answered: 1. Selection Criteria for Independent Providers: Describe the criteria and process by which the i business selects,certifies and approves subcontractors,distributors,installers and other independent services. See Attached 2. Current Subcontractors, Distributors, Installers, Etc.: Provide a list of current subcontractors, distributors,installers and other independent service providers who are contracted to perform the type of work outlined in this bid in the in the states of Washington, Oregon, Idaho, Montana and Alaska.Include, if applicable,contractor license information and the state(s)wherein they are eligible to provide services on behalf of this business. See Attached DISCLOSURES 1. Letter of Line of Credit or Annual Financial Report(REQUIRED): Attach a letter from the business's chief financial institution indicating the current line of credit available in its name and evidence of financial stability for the past three calendar years(2018, 2019 and 2020). This lettershould state the line of credit as a range(ie., "credit in the low six figures" or"a credit line exceeding five figures"). If company is a publicly traded company a complete Annual Financial Report is required in place of Line of Credit Letter. 2. Legal: Does this business have actions currently filed against it? Ca No ❑ Yes. If YES,AN ATTACHMENT IS REQUIRED: List and explain current actions such as Federal Debarment (on US General Services Administration's "Excluded Parties List"),appearance on any state or federal delinquent taxpayer list,or claims filed against the retainage and/or payment bond for projects. REFERENCES Provide contact information of your company's five largest public agency customers: Agency Name Title Phone Number Email 1' .Marysville School District. Gregg Kuehn 360-965-01 10 9reg_kuehn@msvl.k12.wa.us 2 Seattle Public Schools Conrod Plyer 206-730-1527 caplyler@seatUeschools.org 3. Cake Washington School District Jon Kollman r' ::` 426-936-1157 .. ikollman@lwsd.org 4' City of Mercer Island Paul West 206-275-7833 paul-west@mercergov.org City of Kent B[yan Higgins. 253-856-5113 bhiggins@KentWA.goy f ` Signature Must be the same sign re that appears on the bid response forms f I 1 i 1 I j Northwest playground Equipment, Inc. a Quality Playground Systems • Sports Equipment • Surfacing • Shelters • Site Amenities INDEPENDENT SUBCONTRACTORS, DISTRIBUTORS, INSTALLERS, ETC.. 1. Selection Criteria for Independent Providers: Northwest Playground Equipment, Inc (NPEI) has been in business for over 25 years. During this time, we have developed excellent relationships with our vendors. We check references, look at the quality of the product, visit factories, verify insurance coverage, and make sure that they have excellent customer service. 2. Current Subcontractors, Distributors, Installers: • R&R Construction, Inc PO Box 10 Carbanado, WA 98323 Contractor's License: RRCONI*077QO State Eligible: Washington • Play Safe Construction, Inc 345 NW Dogwood Street Issaquah, WA 98027 Contractor's License: 133285 State Eligible: Oregon • Community Creators, LLC 345 NW Dogwood Street Issaquah, WA 98027 Contractor's License: COMMUCL795P9 State Eligible: Washington PO Box 2410, Issaquah,WA 98027 1.800.726.0031 PH:425.313.9161 FAX: 425.313.9194 www.nwplayground.com UMPQ-RESTRICTED UMPQUA KCDA Purchasing Cooperative 18639 801h Ave S. PO Box 5550 Kent, WA 98064-5550 February 23rd, 2022 RE: Northwest Playground Equipment, Inc.,Surfacing&Site Amenities—Bid#22-315 To Whom It May Concern: Northwest Playground Equipment, Inc. has been a valued client of Umpqua Bank (and precedent bank, Sterling Bank) since April of 2013. They currently maintain average depository balances in the low seven figure range. In addition, Northwest Playground Equipment, Inc. has a line of credit of mid-6 figure availability that is available to them. As of the date of this letter,they had $0 outstanding on the line. Northwest Playground Equipment, Inc. has handled their accounts as agreed and we have appreciated their banking relationship. Should you need any additional information please contact me at 425.305.6630. Sincerely, Jeremy Ashbeck Vice President Umpqua Bank Cc: Bob McGarvey KCDAPURCHASING COOPERATIVE 18639-80TH Ave S. •P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402•www.kcda.ora INVITATION FOR BID Playground Equipment, Surfacing, & Site Amenities Bid #22-315 ATTACHMENT A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion In submitting the proposal to provide products and/or services as outlined in the bid specifications,we hereby certify that we have not been suspended or in any way excluded from Federal procurement actions by any Federal agency. We fully understand that, if information contrary to this certification subsequently becomes available,such evidence may be grounds for non-award or nullification of a bid contract. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, Participant's Responsibilities. Signed: /4f Title: President Firm: Northwest Playground Equipment, Inc. Address: PO Box 2410 City,State,Zip: _Issaquah, WA 98027 Date: March 3, 2022 Email: Bob@nwplayground.com Note: Electronic acceptance of these terms and conditions signifies compliance with above statement. (Line item Whse bids) King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment ATTACHMENT B KCAVA Terms Manufacturer _ PL/RCHAS/NC+COOPERAT/VE Playground Equip,Surfacing,&Site Amenities#22-315 18639-80TH Ave S.•P.O.Box 5550•Kent,WA98064-5550•Phone425-251-8115•Fax 253.395-5402•www.kcda.org Bid Due Date:March 3,2022 at or before 2:00 pm,PST Bidder Name: Northwest Playground Equipment,Inc. Address: PO Box 2410 Phone: (425)313-9161 1 Fax: (425)313-9194 City,State,Zip: Issaquah,WA 98027 STANDARD BIDDER LEAD TIME FOB DESTINATION: TERMS BY MANUFACTURER:Please provide the minimum order required per manufacturerand lead times. SPECIFIC DISCOUNTS:PI easeprovido quoted discounts from the manufacturer's current list prices.It is the bidders responsibility to submit updated price lists during the contract year,when the contract allows,otherwise discounts will be taken from the most current on file.The manufacturer must already be present in this bid to be considerod.Discounts must include shipping/freight charges.A current price list and catalog must be provided at the time of bidding.NOTE:DISCOUNTS MAY BE USED IN DETERMINING AWARDS. FOB-Freight FACTORY-Cost will be extra Manufacturer Minimum Order Lead Time Discount Amount Discount Detail EaTINA?14� Cost is included in discount Berliner None 8-12 Weeks 3% 2021 List Price FOB Factory Bison None 4-6 Weeks 10% 2022 List Price FOB Factory Cre8Play None Custom 3% 2021 List Price IFOB Factory DuMor None 8-10 Weeks 3% 2022 List Price FOB Factory Dynamo None 8-16 Weeks 7% 2021 List Price FOB Factory Earthscape None 8-12 weeks 3% 2022 List Price I FOB Factory Exotit None 4-6 weeks 5% 2021 List Price FOB Factory FlexGround None 4-6 Weeks 5% 2022 List Price I FOB Factory ForeverLawn None 4-6 Weeks 8% 2022 List Price I FOB Factory Freenotes Harmony None 14-6 Weeks 5% 2022 List Price I FOB Factory HAGS None 8-16 weeks 1 3% 2022 List Price IFOB Factory ID Sculptures None 8-16 weeks 1 5% 2021 List Price:: FOB Kay Park None 4-6 Weeks 8% 2021 List Price FOB Factory MyTCoat None 4-6 Weeks 5% 12022 List Price FOB Factory No Fault None 4-6 Weeks 5% 12022 List Price I FOB Factory Poligon/Parasol None 8-12 Weeks 5% 2022 List Price FOB Factory Playworld None 8-16 weeks 10% J2022 List Price FOB Factory Robertson Industries I TotTurf None 4-6 Weeks 5% 12022 List Price IFOB Factory Rocky Mountain/Zeager None 4-6 Weeks 5% 12022 List Price IFOB Factory Scoremasler None 4-6 Weeks 6% 12022 List Price IFOB Factory Shade Systems None 8-12 Weeks 5% 12022 List Price IFOB Factory [Shaw grass INone 4-6 Weeks 8% 12022 List Price IFOB Factory SofFalls INone 4-6 Weeks 10% 2022 List Price FOB Facto Sof Surfaces INone 4-6 Weeks 6% 2022 List Price I FOB Factory Superior Recreational Playground None 6-12 weeks 5% 2022 List Price FOB Factory USA Shade INone 8-12 weeks 5% 2022 List Price I FOB Factory Wabash Valley INone 132 weeks 5% 12022 List Price I FOB Factory Water Odyssey None 8-12 weeks 5% 12022 List Price I FOB Factory Whole Tree INone 8-12 weeks 3% 12022 List Price I FOB Factory Yalp None 12-16 weeks 2% 12022 List Price I FOB Factory 10 3-Mar-22 22-315 Northwest Playground Equipment,Inc. Authorized Agents Signature� Date Bid Number Name of Firm KCDAPURCHASING COOPERATIVE 18639—80th Ave. S. •P.O.Box 5550 • Kent,WA 98064-5550 • Phone 425-251-8115 •Fax 253-395-5402 • www.kcda.org INVITATION FOR BID Playground Equipment, Surfacing,& Site Amenities Bid 422-315 ATTACHMENT C—Special Provisions THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING LANGUAGE IN THE STANDARD TERMS AND CONDITIONS A. SOLICITATION OBJECTIVES KCDA is seeking manufacturers, providers or dealers/distributors to provide current and emerging Playground Equipment, Surfacing, & Site Amenities to its members. Total approximate value of spend for this contract is between $13,000,000 and $14,000,000. However, KCDA does not guarantee any minimum or maximum value or number of orders. It is KCDA's intent to establish an annual multi-state contract with the potential of up to three (3) one-year extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer or a manufacturer's sales representative authorized to provide KCDA Playground Equipment, Surfacing, & Site Amenities in Washington, with the preferred ability to service surrounding member states (ex: Oregon, Idalio, Montana, Alaska). Contracts established by KCDA are available for use by all public schools, colleges, universities, cities, counties and other government agencies throughout the nation. Participation in KCDA is not required of any governmental agency; however, participation does provide the legally required competition for contracts for commonly purchased products and services, thereby saving the entity the time and expense of a required competitive process. As allowed by specific state statutes, members can issue purchase orders for any amount without the necessity to prepare their own IFB or gather necessary quotations. Bidders must be an authorized manufacturer, sales representative or service dealer having a local sales, service and install presence in Washington State. The Bidder must also include a list identifying the states within which they are authorized to sell, service and install. If a portion of a state is serviced, bidder must specifically list the portion which is serviced. Bidder can list by county, region or territory. Bidder must provide the list as a separate document when submitting a response. The bidder may propose different pricing and rates for different installation areas as necessary to accommodate applicable wage rates and costs. Bidders must have a local sales presence that either reside or can be contacted within the additional states named to enable KCDA members to have onsite consultation, needs assessment, Installation, integration and training. The types of services and products may include, but are not limited to: • Playground equipment—Complete playgrounds for all ages, stand-alone activities, outdoor fitness systems, etc. • Playground equipment components—Replacement parts, system components, accessories, etc. • Surfacing—Engineered wood fiber,tiles, matting, turf, poured-in-place, etc. • Site amenities- Picnic tables, benches, trash receptacles, sanitizing stations, etc. • L,arge tent/canopy structures - Event/party/cafeteria tents. Sturdy with a weatherproof covering and optional walls. Surface mounted, etc. • Shelter/shade structures - Constructed with wood, metal, stone, fabric, etc. • Sitework, installation, design, engineering, etc. • NOTE: Bleachers will not be awarded under this contract. All products provided must comply with current Americans with Disabilities Act (ADA) laws, Consumer Product Safety Commission (CPSC) guidelines, and current ASTM standards as certified by the International Play Equipment MantrfaCturers Association (IPEMA). Include any certifications to this respect With your bid. By conducting this solicitation,KCDA intends to provide savings and to offer its members a choice of Playground Equipment, Surfacing, & Site Amenities at discounted pricing. KCDA's purpose is to: • Cooperatively serve our members and associate members through a continuous effort to explore and solve present and future purchasing needs. • Provide government agencies opportunities for greater efficiency and economy in acquiring goods and services. • Equalize purchasing power for smaller agencies that are unable to command the best contracts for themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases and complying with purchasing laws and ethical business practices. • Provide competitive price solicitations which meet the procurement laws of our members. • Secure multi-state volume purchasing contracts which are measurable, cost effective and continuously exceed our members' expectations. • Provide quick and efficient delivery of goods and services by contracting with"high performance and quality" vendors who understand our members' needs. B. TIMELINE January I9, 2022 & January 26, 2022 Advertised as Bid ##22-315 in DJC Seattle, Oregon March 3, 2022 Bids due no later than 2:00 P.M. PST April 14, 2022 Award recommendation April 21, 2022 Board Approval May 1, 2022 Contract Start Date C. SUBMISSION OF BIDS Bidders are requested to submit pricing for Washington State per the drawings and specifications provided in this solicitation. KCDA requests pricing for its members in Oregon, Idaho, Montana and Alaska as well. Bidder is requested to submit either 1) separate price pages for each state being bid or 2) provide a pricing matrix that shows a price factor to be applied to the Washington state pricing in order to calculate the pricing for other states. Pricing must be provided in hard copy and must be available in Excel on flash drive or CD. Online submission of bid tlu•ough Public Purchase is NOT accepted. • Submit sealed bids in 3-ring binder with an inside pocket and a set of dividers. Submit one (1) bound and signed copy of the bid plus one (1) electronic copy on CD or flash drive. • KCDA reserves the right to reject any or all bids and to accept any proposal deemed most advantageous to KCDA members and to waive any informality in the bid process. • Bids sliall be submitted as stated in this solicitation. Deviations to any terms, conditions and/or specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid. No cross outs or delineations shall be made to the existing document. Exceptions and deviations will be considered in award evaluation. KCDA reserves the right to reject any deviations or exceptions stipulated in a bidder response and may subsequently disqualify such bid if such terms are unacceptable to KCDA. Language to the effect that the bidder does not consider this solicitation to be part of a contractual obligation may result in the bid being disqualified. • Withdrawals of bids will not be allowed for a period of 60 days following the opening. Withdrawal of bids prior to the opening date will be permitted. • Addendums if required, will be issued by KCDA through Public Purchase. Addendums will also be posted on the KCDA website (www.kcda.orR) under Contracts& Bids—Vendor Bids. Addendums will not be mailed or e-mailed. It is bidder's responsibility to check for issuance of any Addendums prior to submitting a bid. All Addendums must be signed and returned with the bid document, or the bid will be considered non-responsive. All documents with signatures shall have original ink signatures. Electronic copies shall be scanned with original signatures. D. Bill FORMAT 1. Preparation of the Bid Response a. The IFB #22-315 is published in one PDF document on the KCDA website, it is also published on the Public Purchase website with all required documents and forms posted separately. • Cover Page indicates the Due Date and where to send Bid documents to • Terms and Conditions • Attachment A contains the Debarment Statement(signature required) • Attachment B Terms by Manufacturer includes catalog discounts (signature required) • Attachment C Special Provisions that take precedence (signature required) • Attachment D Signature Page and Miscellaneous Fees (signature required) • Attachment E Services Price Schedule (complete as necessary) • Attachment F Deviations (signature required) • Certification of Compliance with Wage Payment Statutes (signature required) • Company Profile (signature required) • RDGAR Certification Form (signature required) b. Bid Forms requiring signatures shall be submitted with original ink signatures, by the person authorized to sign the bid. Failure to properly sign the bid documents or to make other notations as indicated will result in the response being deemed non-responsive. c. Corrections and/or modifications received after the opening time will not be accepted,except as authorized by applicable rule, regulation or statute and KCDA. d. In case of an error in extension of prices in the bid, unit prices shall govern. e. Periods of time, stated as a number of days, shall be in calendar days, not business days. f. It is the responsibility of all Bidders to examine the entire IFB package, to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid.Negligence in preparing a bid confers no right of withdrawal after due date and time. g. The Bidders' ability to follow the bid preparation instructions set forth in this solicitation will also be considered to be an indicator of the Bidders' ability to follow instructions should they receive an award as a result of this solicitation. Any contract between KCDA and a Bidder requires the delivery of information and data. The quality of organization and writing reflected in the bid will be considered to be an indication of the quality of organization and writing which would be prevalent if a contract was awarded. As a result, the bid will be evaluated as a sample of data submission. 2. Format of Bid Response Bidders shall provide bids in a three ring binder using standard size paper,clearly identified with the company name and the name of the IFB being responded to on the outside front cover and vertical spine. Clearly identified tabs must be used to separate the bid into sections, as identified below. Responses should be direct,concise, complete and unambiguous. Bidders failing to organize bids in the manner requested risk being considered non-responsive if bids are not easily read and understood. Awards will be made more efficiently and timely by following the required format. Tab I -Company Profile/Information • Company Profile form • Responses should include a brief introduction informing KCDA of the qualifications and experience of the Bidder, along with a brief company history. • Reference requirements: Projects should be of similar size and complexity, preference given for government contracts. Tab 2- Response Forms • Debarment Statement-Attachment A • Terms by Manufacturer-Attachment B (option: bidder may include this information in their own format as part of the pricing pages) • Special Provisions-Attachment C • Deviations-Attachment F • Certification of Compliance with Wage Payment Statutes • EDGAR Certification Form Tab 3 -Pricing Pages • Manufacturer Price Lists. Any additional costs are to be priced by methods designated under Installation Rates or by RS Means,as provided in the Bidder's response to this solicitation. • Installation Rates: A listing of products or services (including, but not limited to: site prep, sitework, installation, disposal, etc.) which are not listed in the Manufacturer Price Lists which Bidder can provide and may be considered as a value add for KCDA member agencies. Bidder to provide in their own format, if applicable. • Miscellaneous Fees-Attachment D • Services Price Schedule-Attachment E, or bidder's own format. Tab 4 -Product Line Brochures and Literature Tab 5 - Marketing Plan • List shows, conferences, show examples of flyers or describe how bidder will market the KCDA Playground Equipment, Surfacing, & Site Amenities contract. Tab G—Authorized Dealers/Vendor Partners • Provide letters from each manufacturer stating authorization to deal. • List all dealers/vendor partners authorized to utilize this contract through the vendor. Tab 7- Addendums E. VENDOR RESPONSIBILITIES • Designate and assign a dedicated senior-level contract manager(one authorized to make decisions) to the KCDA contract. This employee will have a complete copy and must have working knowledge of the contract. • Train and educate sales staff on what the KCDA contract is including pricing, who can order from the contract, terms/conditions of the contract and the respective ordering procedures for each state. It is expected that the awarded vendor will lead with the KCDA contract. • Develop a marketing plan to support the KCDA contract in collaboration with respective KCDA member agencies. Plan should include, but not be limited to, a website presence, electronic mailings, _ sales flyers, brochures,mailings, catalogs, etc. • Create a KCDA-specific sell sheet with a space to add a KCDA logo and contact information for use by KCDA and the awarded vendors local sales representatives to market within each state. • I-lave ongoing communication with the Contract and Procurement Specialist at KCDA and the KCDA member agencies. • Attend two (2) "touch base" meetings at KCDA per year. One of those meetings may be participating in the KCDA Vendor Fait-, • Participate in national and local conference trade shows to promote the KCDA contract. • Increase sales over the term of the KCDA contract. 1 F. EQUIPMENT &RELATED PRODUCTS I. New Products All Playground Equipment, Surfacing, & Site Amenities provided under this contract must be new, not previously used, and are being actively marketed by the manufacturers' authorized dealers. All branded playground equipment components, spare parts,application software, and ancillary equipment supplied under this contract must conform to manufacturer specifications and shall be of new manufacture and in current standard production. The awarded vendor is responsible for ensuring that these items are operable and installed in accordance with maziufacturer's specifications. 2. Installation/Removal a. The installation and/or removal of contract Playground Equipment, Surfacing, & Site Amenities shall be performed in a professional manner. The member's premises and t equipment shall be left in a clean condition. The awarded vendor may be required to repair all da►nage and/or provide full compensation for damage to the member agencies premises and equipment that occurred during installation/removal. b. Personnel in charge of the installation must be available to coordinate installation with j member agency's internal staff. Qualified service support and technical personnel will be required to provide all necessary maintenance and repair. Installation dates and installation schedule must be approved by member agency. c. Installation crews may be working around students, teachers and general staff. Installation may require off hour and weekend work in order to accommodate and complete the project in the timeline required by the member agency. The member agency will try to accommodate access for installation during school/business hours; however, any plan that displaces staff, students or personnel will most likely create disruption to the ordinary daily schedule. After hours and weekend installations are preferred and will be so identified in the proposal to the member agency. d. Project Manager for the awarded vendor shall verify proper installation at multiple and various times throughout the duration of the installation. e. Upon successful completion of installation, test system functionality for all possible scenarios and document all outcomes. f. Installment requirements (electrical certifications,plumbing certifications, licenses, permits etc.). 3. Newly Installed Equipment or Related Product Problems Member agency will evaluate the performance of newly installed Playground Equipment, Surfacing, & Site Amenities for a 15-day period after installation. If the performance is unsatisfactory, the member agency will immediately contact the awarded vendor to pursue corrective action and resolution of the problem. Resolution of performance problems may result in: • Repair or other action to correct the problem including training or modifications made to member's satisfaction. • The replacement of the Playground Equipment, Surfacing,& Site Amenities with another of the same brand and model, at no additional cost(including delivery and installation) to the member agency. • Return of the Playground Equipment, Surfacing, & Site Amenities with cancellation of the order at no charge to the member agency. 4. Inspection/Testing/Acceptance a. Inspections,tests, measurements, or other acts or functions performed by the member agency shall in no manner be construed as relieving the awarded vendor from full compliance with contract requirements. At a minimum, an installed piece must demonstrate the capability of providing the functions and services specified in the manufacturer's published literature. 5. Maintenance,Repair and Service a. Maintenance, repair and service related to the operation of Playground Equipment, Surfacing, & Site Amenities must be provided to member agency. b. Excessive Service and Downtime: Playground Equipment, Surfacing,& Site Amenities including all components, spare parts, application software, and ancillary equipment supplied through this contract shall be capable of continuous operation. Therefore, awarded vendor shall guarantee that all Playground Equipment, Surfacing, & Site Amenities will be operational at least 98% of normal business hours. Playground Equipment, Surfacing, & Site Amenities that develop a trend of requiring an excessive number of service calls shall be reported by the member agency to the awarded vendor or by the awarded vendor to the member agency as the situation warrants and a corrective action and resolution will be made in a manner that is best for the member agency. c. In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instance shall the awarded vendor be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written authorization of the member agency. d. Awarded vendor must guarantee the availability of repair parts for a minimum of five (5) years subsequent to member agencies acceptance of the contracted Playground Equipment, Surfacing, & Site Amenities. 6. Relocation/Transfer a. Member agencies shall be afforded the option to relocate/transfer contract Playground Equipment, Surfacing, & Site Amenities from one member location to anotlier member location as deemed necessary with no change to agreement or maintenance plans. If self- moves are an option, the awarded vendor must be notified prior to relocating or transferring. The member agency will be responsible fir repairs required for damage that occurred during self-moves. b. Alternately member agencies may elect to have the awarded vendor relocate/transfer the Playground Equipment, Surfacing, & Site Amenities. The awarded vendor is responsible for repairs required following such relocation/transfer. Relocation/transfer of Playground Equipment, Surfacing, & Site Amenities must be coordinated with member agency contact personnel responsible for the contract. 7. Adding New Products and/or Services Playground Equipment, Surfacing, & Site Amenities must meet the scope of work to be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Awarded vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, if it is within the same awarded manufacturer and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. KCDA may require additions to be submitted with documentation from KCDA members demonstrating an interest in, or a potential requirement for, the new product or service. KCDA may reject any additions without cause. 8. Discontinued Products If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model, it is within the awarded manufacturer and if the discount is the same or greater than the discontinued model. NOTE: Listing the above speeifications shall in no ►vay relieve the mvarded vendor from the responsibility to follow proper code and regulations. G. TRAINING & SUPPORT If applicable, please state specifically the amount of training which will be provided at no charge. Then list the charge per hour of additional training if applicable(see Attachment E). a. If specified by the member agency, staff in-service shall be offered following the installation. Training needs must be quantified and specified by the member agency. Awarded vendors shall provide appropriate pricing(if applicable) based upon each member agencies training need. It is understood that some training may be provided free of charge, and some may incur charges. Please outline your training philosophy and related pricing structure. b. If desired,follow up training may also be scheduled to further support usage and to identify Any individual training needs. Please include follow up training pricing as well. H. PUBLIC WORKS LANGUAGE Vendor agrees that, in performance of the services required under this agreement, Vendor shall abide by all federal, state, local and Washington law and regulations that may apply to construction and public works. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. a. Public Works: State of Washington statute requires workers be paid prevailing wages when employed on public works projects and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010 and 020) It is the contractor's responsibility to be acquainted with and comply with State regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are established by the Washington State Department of Labor and Industries and can be obtained on the web at http://www.hii.wa.gov/TradesLice►ising/PrevWa e�geRates/default.asi2 or by contacting Labor and Industries at 360-902-5335. A copy may also be requested from KCDA. KCDA serves all counties in Washington State. The County in which the project is located will be identified once a member initiates a request for the service, and the effective wage rate to be applied to a specific project is to be based on the date of this bid during the original contract term, and if contract extensions are granted, the prevailing wage rate in affect at the time of the latest extension. &121ication: The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive administrative or professional in nature. It does not apply to work of a secretary,engineer or administrator, unless they are performing construction work,alteration work,repair work, etc. Prevailing wage application depends on the work that is performed, regardless of the worker's job title. (RCW 39.12.020 and WAC 296-128-510 through 530) Definition: Public Works is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation,road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010) Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building service maintenance (janitorial) contracts. (RCW 39.12.020) Contractors bidding a Public Works project exceeding $1,000,000.00 mast declare who their HVAC, Mechanical and Electrical subcontractors will be within one hour of bid submission and the listing of structural installation and repar installation subcontractors within 48 hours of bid submission, and submit this information with bid documents in order for the bid to be responsive(RCW 39.30.060). Such projects also have special considerations pertaining to use of apprentices (RCW 39.04.310, RCW 39.04.320, and RCW 39.04.350). Recipr•ocitt): In accordance with RCW 39.04.380 any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference,a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. This does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280 or other procurement exempt from competitive bidding. b. Prevailing Wage: Definition: Prevailing Wage is the hourly wage, usual benefits and overtime,paid in the largest city in each county, to the majority of workers, laborers and mechanics. The rate is established by the Department of Labor and Industries for each trade and occupation employed in the performance of public work. If Federal funds are used, bidders must comply with provisions of Davis-Bacon Act. Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed and approved for the contractor and all subcontractors. No payments can be made until all contractors/subs have submitted an approved intent form. KCDA cannot release retainage until all Contractors have an approved Affidavit of Wages Paid form certified by the Industrial Statistician. (RCW 39.12.030, 040, 042) Once the work is successfully completed,KCDA will release 95% of the project cost and withhold 5% retainage for 45 days as dictated by law. The final 5% will be paid when the following is completed: Receipt of approved Affidavit of Wages Paid Forms, Releases from Washington State Department of Labor& Industries,Employment Security Department and the Department of Revenue, and acceptance of project completion to the satisfaction of the KCDA ordering member. The cost of filinu required Intents and Affidavits is the responsibility of the Contractor and may not be added as a line item charted to the .me►nber agency. ll n.tents and Affidavits must name the agency for whom work is _beinu nerfotined..as the contract award ay-ency, not KCDA. Fe(lemllj) Funded Projects: In addition to the Federal Requirements of Section III, Housing and Urban Development (HUD)Terms and Conditions, Davis-Bacon prevailing wage requirements apply to public works construction contracts of$2000 or more when a project includes any federal funding of any amount. When there is a difference between applicable state and federal prevailing wages for a particular classification of labor, contractors and subcontractors are required to pay the higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found at littp://www.wdol.gov/. Contractors/Subcontractors must be knowledgeable and adhere to all federal prevailing wage requirements, including but not limited to paying workers weekly and providing certified weekly payrolls for the contractor and subcontractors of any tier as required in the Davis- Bacon Act and applicable U.S. Department of Labor regulations. Falsification of any prevailing wage payroll records may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of"Title 31 of the United States Code. Contractor shall inform all subcontractors of the Davis-Bacon requirements and the prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Contractor must coordinate all requirements related to federal funded projects with the KCDA member Agency. c. Responsible Bidder Before award, the bidder must meet the following state responsibility criteria and, if applicable, supplemental responsibility criteria to be considered a responsible bidder. The bidder is required to submit documentation demonstrating compliance with the criteria. Low Responsible Bidder A. State Responsibility Criteria. The Bidder must meet the following state responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier(UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW. 5. New bidder requirement. Certify that within the three-year period immediately preceding the bid solicitation date: a. The bidder is not a "willful" violator, as defined in RCW 49.48.082, or ally provision of chapter 49-46, 49.48 or 49.52 RCW. b. As determined by a final and bindinp, citation and notice of assessment issued by the Department of Labor and Industries or throupli a civil judgement entered by a court of limited or Reneral jurisdiction. c. As of July 1, 2019, WA Labor and Industries has required all businesses to have public works training before bidding and/or performing work on public works projects. This training requirement has been added to the responsible bidder criteria ill RCW 39.04.350 and RCW 39.06.020. Awarding agencies are required to verify all contractors submitting bids meet this requirement before awarding the contract. 6. At the time of bid submittal, provide signed sworn statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with the new responsible bidder criteria requirement. 7. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, the criteria are included as "Exhibit A." The Bidder may make a written request to modify any or all of the supplemental criteria. Modification of supplemental criteria shall be at KCDA's discretion. Any modifications to the supplemental criteria sliall be made by addenda prior to bid opening. Subcontractor Responsibility The contractor shall include the language of this section in each of its first tier subcontracts and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier (UB1) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4, If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW 5. Have an electrical contractor license, if required by Chapter 19.28 RCW; 6. Have an elevator contractor license, if required by Chapter 70.87 RCW; d. Bonds-Payment& Performance: The prime Contractor shall provide a Performance and Payment Bond at 100% of the contract price to the KCDA member with a copy to KCDA before work begins. The only exception is for contracts of one hundred fifty thousand ($150,000)dollars or less. In this instance, at the option of the Contractor, the member may in lieu of the bond retain ten ep rcen of the contract amount for a period of thirty days after date of final acceptance, or Until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The bond shall be issued by a surety company authorized to do business in the State of Washington and shall be on standard forms used for public projects (RCW 39.08.010)and as directed by the KCDA member. Performance and Payment bonds for KCDA members outside Washington must be provided by companies licensed to provide bonds for public entities in the member's state. e. Licenses: The prime contractor shall possess and maintain in current status all federal, state, and local rmits required for the perfoi7nance and delivery of any and all licenses, bonds, and pe products and services offered in its response to the bid solicitation.Before submitting a bid, Bidders must hold a current,valid contractor's license as required in Washington. The contractor's license must be in the name of the legal entity submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor or joint venture. Bidders submitting bids in Washington State without a valid contractor's license in the name of the Bidder are in violation of RCW 18.27.020. It is the responsibility of the prime contractor to ensure any subcontractors performing under this contract hold and maintain appropriate licenses. KCDA reserves the right to request copies of licenses at any time during the contract. Copies of licenses, upon request, must be submitted to the member prior to performing the work. The Contractor agrees to keep and ensure subcontractors keep any required license, permit or bond current and in compliance with Washington rules,regulations and statutes, as well as in states outside Washington in which contractor performs work under this contract. For work performed for any Washington State school district, public agency or municipality, the Contractor must comply with the bidder responsibility requirements of RCW 39.04.350 prior to the KCDA member awarding a contract. The contractor must verify the responsibility of all subcontractors used in accordance with RCW 39.06,020. f. Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the responsibility of the successful Contractor/Bidder. g. Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types and amounts of insurance required by KCDA and the KCDA member must be provided to the KCDA member prior to performance of any work. In addition, the Commercial General Liability policies must be endorsed to name KCDA and the KCDA member as additional insureds. Such policies must be fiu•ther endorsed to provide that the insurance is primary as respects KCDA and the KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be excess and not contributing insurance with the Contractor's insurance. These endorsements must be provided along with the certificate of insurance.The KCDA member must both approve the certificate of insurance and endorsements. h. Acceptable Pricing Method: KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e., sole source) in which KCDA and Vendor may mutually determine the Alternative Costing Method is acceptable. This will be the exception ratherthan the rule. RS Means or line item bid pricing is acceptable. i. Progress Payments: The Contractor shall be paid, upon submission of a proper Payment Request, the prices stipulated herein for work performed (less deductions, if any), in accordance with all payment and retainage instructions herein. Submitted Payment Requests must contain the following minimum information: a. Contract Number b. Bid item ID, bid quantity, unit, unit price and description as appropriate c. Sales Tax as applicable The Payment Request will be reviewed by the Member before payment is made. If the Member is in disagreement with the Payment Request, KCDA will issue a notice requesting a revised Payment Request. KCDA, at its discretion, reserves the right to withhold payment on a given project,pending receipt of payment from the customer. In accordance with RCW 51.12.050, KCDA reserves the right to deduct f►•om the payment any outstanding industrial insurance premiums owed by the Contractor or Subcontractors. j. Payment Retainage: In accordance with RCW 60.28 contract retainage [not to exceed jive percent of the moneys earr7ed bl)the contractor toinard completio» of a pr.iblic improile�iies7t contract] shall be withheld and reserved in one of two ways: a. As a trust fund for the protection and payment of 1) the claims of any person arising under the contract,and 2) the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due from such contractor. Upon completion of a contract, the member agency shall notify the Department of Revenue, the Employment Security Department, and the Department of Labor and Industries of the completion of contracts over one hundred fifty thousand dollars. KCDA will issue payment on tine retainage amount forty-five days after notice from the KCDA Member Agency that the contract has been accepted as complete or upon receipt of all necessary releases,whichever is later. b. Option of providing retainage bond for the fill amount of the retainage (5% of the contract amount with a performance bond). This bond is separate from the Performance bond under RCW 39.08.10. Providing a retainage bond means no retainage is withheld. If you choose to provide a retainage bond a copy of tile bond must be submitted. k. Force Majeure Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under this contract, if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term"force majeure" means an occurrence that is beyond tine control o•responsibility of the party affected and occurs without its fault or negligence, including, but not limited to the following: acts of God; acts of the public enemy; war; riots; strikes; industry-wide labor disputes; civil disorders; fire; flood; snow; earthquakes;tornadoes or violent winds;hail storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond tine control or responsibility of tine party declaring force majeure, which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when tine party declaring it notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract.The party receiving the notice of force majeure may contest the declaration of a force majeure. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, internal labor disputes, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party in writing of such delay within forty- eight (48)hours. I. PRICING The bidder shall submit pricing using Manufacturer Price Lists, Attachment R - Discounts, Installation Rates, and Attachment E—Services Price Schedule, as necessary. Vendor bid hricing shall include a 2% administrative fee on all line items and charges. The administrative fee must be part of the bid price. If you are bidding a catalog price less a discount, make sure the administrative fee is included in the net price to the member agency. Pricing must include the 2% KCDA service fee so the service fee is invisible to KCDA members. For all Playground Equipment, Surfacing, & Site Amenities, pricing may be by line item or discount off manufacturer price list(Attaclnnent B). Accessories and materials may be from other manufacturers or sources but must be identified and priced in the IFB response either by item or via catalog discount. On the pricing sheet, list and group accessories and materials by manufacturer for ease of identification. Respondents will choose only one pricing method to be used per manufacturer. Alternative pricing methods sliall be addressed in Attachment B. Proposals received that provide both methods for a single manufacturer will be found non-responsive. Fixed prices shall be firm until each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment contingencies outlined in the bid. If price adjustment contingencies occur, or not less than ninety (90)days prior to each contract anniversary date,awarded vendor may submit a fully documented request for price adjustment to KCDA. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to awarded vendor that was out of awarded vendor's control. KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in member agencies' best interests. If accepted, new fixed prices sliall apply to the contract upon approval from KCDA. Price changes shall be a factor in contract renewal. The awarded vendor agrees that the cost for any item bid on this contract may vary by state due to specific requirements or other jurisdictional impacts. If the overall cost is discounted or lowered for any member agency, however, the cost will be similarly lowered or discounted at the same time f'or all member agencies for the same scope, size and value. (If a KCDA member agency proposes to purchase a large volume of one product at one time and the awarded vendor agrees to provide an additional discoLmt, that same volume discount would be available to any KCDA member agency.) It is understood and agreed upon between Bidder and KCDA that the Bidder's pricing does not include the cost for any site specific conditions or requirements. Site specific requirements sliall be addressed on a case by case basis at the time the order is placed. Any additional cost(s) are to be priced by methods designated under Installation Rates, or by RS Means, as indicated in bidder's response to this solicitation. Warranty: Describe the warranties that apply to the products offered in the IFB response and when warranty date will commence. Identify any website links that cover warranty information. The manufacturer has the primary responsibility to honor a manufacturer' warranty. Awarded vendor agrees to assist the member agency reach a solution in a dispute with the manufacturer over a warranty's terms. Any extended manufacturer's warranty will be passed on to the member agencies. List any pricing applicable to warranties in Attachment E of the IFB response. Risk of Loss or Damage: Awarded vendor sliall retain title and control of all goods until they are delivered and received. All risk of transportation and all related charges shall be the responsibility of the awarded vendor. The awarded vendor shall file all claims for visible or concealed damage. The member agency will notify the awarded vendor and/or freight company promptly of any damaged goods and shall assist the freight company/awarded vendor in arranging for inspection. No F.O.B. vessel, car or other vehicle terms will be accepted. `faxes: Member agencies, who have obtained Playground Equipment, Surfacing, & Site Amenities under the terms of this contract, will be responsible for payment of all taxes related to acquisition of the Playground Equipment, Surfacing, & Site Amenities, such as sales tax, property tax, etc. Awarded vendor must separately list all such taxes on member proposal and subsequent invoice. J. FUNDING OUT CLAUSE Any acquisition agreement with a KCDA member agency that exceeds one (1) year shall include a standard "funding out"clause. Such an acquisition is a commitment of the entity's current revenue only,provided the agreement contains either or both of the following provisions: 1. Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the agreement. 2. Conditioned on a best effort attempt by the entity to obtain appropriate finds for payment of the acquisition. K. AUTHORIZED DEALERS/VENDOR PARTNERS The bidder must secure from the manufacturer, if the bidder is not the manufacturer, a written guarantee executed by the manufacturer that the bidder is an authorized dealer of that manufacturer. This can be submitted as a Manufacturers Guarantee/Manufacturers Certificate, or a statement on the manufacturer's letterhead with corporate acknowledgement. Failure to provide will result in award disqualification for that manufacturer. Bidder may propose a network of authorized dealers/vendor partners through whom the bidder intends to perform the contract.Member agencies may be directed to bidders' network of authorized dealers/vendor partners for Playground Equipment, Surfacing, & Site Amenities, however the awarded vendor shall be responsible for the actual,job performance of each and every authorized dealer/vendor partner. This includes, but is not limited to, proper ordering process and reporting, or submittal of 2% service fee. Unresolved problems with the authorized dealer/vendor partner may be referred to the awarded vendor for resolution. Bidders are to identify and list each of the authorized dealers/vendor partners they intend to involve in contract performance. Awarded vendor must be capable of replacing authorized dealers/vendor partners found unsuitable to participate in performance on the KCDA contract and establish new authorized dealers/vendor partners in a timely manner. During the contract period, the awarded vendor or purchasing agent may remove an authorized dealer/vendor partner from the list of those designated to this contract at any time without further explanation or process. The awarded vendor may propose authorized dealer/vendor partner additions for consideration at any time throughout the contract provided; • The request is in writing on awarded vendors letterhead. • It is filed with the Purchasing Agent a minimum of 34 calendar days before the effective date of the proposed change. • It clearly identifies the authorized dealers/vendor partners involved in the change. • It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change. L. AWARD 1. Evaluation It is the intent of KCDA to award a manufacturer's complete line of products based on the specifications provided when possible and advantageous. KCDA expects to award to the lowest responsive and responsible bidder per unique manufacturer specifications that meet IFB terms, conditions, and criteria specified. An award is at the sole discretion of KCDA. KCDA reserves the right to reject any or all proposals, accept the proposal(s) that are deemed most advantageous for KCDA member agencies, and waive any irregularities in the solicitation process. Awarded vendors will be required to turn in updated specifications for the manufacturers awarded. The following criteria will be used in evaluating responses to this IF13. An award is anticipated to be made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple awards may be made. Evaluation Criteria and Weight Proper submission of proposal 10 Comprehensiveness of product and services 10 provided Related Experience 15 Pricing 50 Presentation of full and complete product offering that can meet variety of member 15 a 7encies requirements/timeline. TOTAL POSSIBLE POINTS 100 Clarification and/or Discussions Clarification of a response may be necessary. KCDA will communicate with the bidder(s) for the purpose of eliminating minor errors, clerical errors, and/or irregularities. Clarification is accomplished by explanation or substantiation, either in response to an inquiry from KCDA or an inquiry initiated by a bidder. Clarification does not give a bidder the opportunity to revise, change or modify their response in any way. Discussion takes place after the initial receipt of proposals. KCDA reserves the right to conduct discussions with bidders whose responses are determined to be reasonably inclined toward receiving a contract award. Discussion may occur when oral or written communications between KCDA and the bidder are conducted for the purpose of clarifying information to determine the acceptability of a response. KCDA will not assist the bidder in bringing the bidder's response to the same level of other responses received by KCDA. Further,KCDA will make no indication of pricing or other information received from other bidders. Competitive Range: KCDA reserves the right to establish a competitive range of acceptable responses as part of the evaluation process as defined herein. Responses below the competitive range will be determined to be unacceptable and will not receive further consideration. M. ORDER PROCESS & REPORTING 1. The awarded vendor must verify that a customer is a KCDA member. A current list of member agencies is posted on the KCDA website under"Membership". If the awarded vendor's customer is not posted on the KCDA website, the awarded vendor must verify membership with the KCDA Contract Specialist. If the customer is not a member agency, but is eligible to become a member agency, the Contract Specialist will give the awarded vendor's customer instructions regarding the membership process. 2. Awarded vendor will submit a signed and dated proposal or quote to a KCDA member agency in accordance with the pricing awarded under this IFB. All Playground Equipment,Surfacing, & Site Amenities purchased must include the KCDA 2% service fee as a part of the trice to the member azeucY. Do not list the 2% as a separate line item. 'The awarded vendor must specifically state the KCDA contract number#22-315 on the proposal to the KCDA member agency. Tile proposal must identify the member agency contact name, e-mail address and phone number for the person responsible for approving the purchase. This information is critical and if not provided may be grounds for delaying the processing of the order as well as eventual payment to vendor. 3. Members should send a copy of their PO made out to KCDA and a copy of the Vendor quote to the KCDA Contract Specialist designated on the Awarded Contracts page. Upon KCDA's verification of membership and pricing, KCDA will create and forward a KCDA purchase order to the designated point of contact at the Vendor. The Contract Specialist will request additional information, sucli as scope of work and item/part number along with pricing for each line item as needed. I"ailure to provide adequate evaluation information may result in delay of approval by Contract Specialist 4. A copy of the order will be kept on file at KCDA. 5. Vendor must not commence delivery, services or installation using the KCDA contract without receiving a purchase order from KCDA. 6. Orders processed against this contract by customers who are not KCDA members or without 1 emailed approval from KCDA are in violation of the contract. Vendors not following proper procedures may be removed from consideration for future awards. 7. KCDA reserves the riglit to revise the ordering process above at their sole discretion, if deemed i necessary for contract management or audit purposes. An implementation for change will be coordinated with the Vendor as needed. N. CHRISTIAN DOCTRINE Any federal, state and local governing authority's/jurisdiction's statutes, codes, rules and regulations referenced and/or govern the products, services and activities relating to and are part of this solicitation, whether or not physically noted or included, shall be complied with and adhered to as required. It is the sole responsibility of the Bidder to perform and complete any necessary research and investigation required to make themselves aware of and comply with this item. Signature /> /f/Al Must be the same sign5tum tat appeals on the bid 1•eaponse farms I I KCDAPURCHASING COOPERA TI VE 18639-80TH Ave S. •P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115 •Fax 253-395-5402 • www.kcda.oro INVITATION FOR BIDS #22-315 Playground Equipment, Surfacing, & Site Amenities BID DUE DATE: March 3, 2022 on or before 2:00 PM PST Attachment D SIGNATURE PAGE AND MISCELLANEOUS FEES The undersigned offers and agrees, if this bid is accepted, to furnish any or all of the items upon which prices were quoted, at the prices set opposite each item, F.O.B. delivery point specified in the Invitation for Bids, and agrees to make delivery within the delivery dates specified, or as otherwise amended by attachment. Contract Prices Offered 1. Firm for annual contract V 2. Firm for initial order only ( ) 3. Variable by item/group ( ) (identify under separate cover) MISCELLANEOUS FEES In some cases additional charges may be necessary. These costs are for items delivered direct to Members. Attach additional pages as may be necessary for each manufacturer. "TBD", "Job by Job", etc. is not acceptable and may disqualify your response. Bidders should list out any other pricing for services on additional pages as needed within this section. Delivery Fee: $Prepaid&added flat fee or mileage rate Installation Fee: $_see attached per houricomplyw/Prevailing Wage-RCW 39.04.010,39.12.010&020) Performance Bond: % Demolition Fee: $ -.. tta., edinstall pricing Restock Fees: $ 25% Lift Gate Fee when required $ $250.00 OTHER $ NOTE :If services are not documented in pricing pages,fees must be justified by using IRS Means. FUTURE DELIVERIES On occasion, KCDA Members will place orders near the end of the contract period for delivery after the contract period has expired. Will your company honor orders placed during the contract period for future delivery? No __LYes Yes, but only if delivered before Signed: Firm Name: Northwest Playground Equipment,Inc. Name and Title: Robe rtS McGary ey - P resi cbnt Telephone No. (425) 313-9161 Email: Bob@nwplayground.com "Note: All lines of information must be provided with submittal. Electronic acceptance of these terms and conditions signifies compliance with all terms and conditions. Attachment E-Services Price Schedule Bid #22-315 Playground Equipment,Surfacing, &Site Amenities NOTE: If your company provides any of the services listed below,please complete the price schedule. **BIDDER MAY INCLUDE THIS INFORMATION IN THEIR OWN FORMAT AS PART OF THE PRICING PAGES.** If services are not documented in pricing pages,fees must be justified by using RS Means. y Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: Description Regular Price or Rates Per Diem Charges (if any) � Rates any) Y/N See Insta."a-toon G1 N C laA G1 Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: Rates any)Description Regular Price or Rates Per Diem Charges(if any) Y/N T C ca L '> L L M Cost Sheet N Discounted Price or Per Diem Charges(if any) Mileage Charges(if *Additional Discount on Large Projects: Description Regular Price or Rates Rates Y) an Y/N t 4J ex:Initial(must price) ex:Follow up training(must price) L L QJ H Vf Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: Description Regular Price or Rates Rates Per Diem Charges(if any) Y) an Y/N t Vl O chi CL > CL L V1 Vf *Please detail additional discounts on large projects. Playground Equipment,Surfacing, & Site Amenities Bid #22-315 ATTACHMENT F—Deviations INSTRUCTIONS: 1. If"NO" is checked below, complete this form by signing it at the bottom. 2. If"YES" is checked below,either insert answers into this form or create a Microsoft Word table format to provide narrative explanations of exceptions. If adding pages, the bidder's name and identifying information as to which item the response refers must appear on each page. 3. Scan this form plus any attachments into a single PDF document. 4. Title the file"Attachment F- Deviations". 5. Exceptions to local, state or federal laws cannot be accepted under this bid. ® NO, this bidder does not have deviations (exceptions or alternates) to any terms, conditions and/or specifications listed in the bid documents. ❑ YES, this bidder has the following deviations to the terms, conditions and/or specifications listed in the bid documents. Section/Item Specification describe Details of Deviation Signature Allust be the same signet appears on the bid response forms. Northwest Playground Equipment, Inc. 2022 WASHINGTON INSTALLATION RATES Retail Price UOM Retail Price UOM MODULAR PLAY STRUCTURES Standard Installation 45% Retail Cost Free Local RT, Prevailing Wage/CP,Private and Public Utility Locates and Pre-Install local site visit Deluxe Installation 55% Retail Cost Includes:Standard Install and Disposal of Packaging, Haul Away Dirt, Receive shipment at R&R or meet truck at site and offload. Structure Risk Management Sign $ 450.00 Per Sign FREE RETURN TRIPS(AFTER THE FRIST ONE) Included: Concealed freight damage,missing parts with a checklist has been provided/completed and cannot work due to natural causes Not Included: Mis-manufactured equipment,scope of work changes from original PO,site not ready or not prepared properly after contact with Sales Rep,missing parts when someone else offloads w/out completing checklist and noted damaged or missing parts when R&R offloads FREE STANDING EQUIPMENT* Equipment w/3 1/2"or 5"posts,modular structures 45% Of Retail Cost (does not include swing sets) Slides 55% Of Retail Cost Hillside Slides 65% Of Retail Cost Misc.Climbers $ 450.00 Per Hole Dome Climbers Large $ 1,800.00 Small $ 950.00 Swing Set-One Bay $ 1,950.00 Additional Bays $ 1,000.00 Toddler Add On $ 325.00 Spring Toys(with J Bolts) $ 500.00 Per Spring Spring Toys(direct bury) $ 325.00 Per Spring Backhoe Digger $ 325.00 CLIMBING BOULDERS Crane must be able to park within 40'of where placing (Start pricing with heaviest boulder as the 1st one) Base Price+%of weight Then add secondary Boulders based on%of weight only Non Playworld Items: Under 2,500# ($2,125.00 min) $ 1,825.00 Boulders 45.00% EA Weight 2,501#to 8,000# ($3,490.00 min) $ 2,890.00 Boulders 30.00% EA Weight 8,000#to 10,000#($4,460.00 min) $ 3,475.00 Boulders 20.00% EA Weight Concrete Pad up to 12"thick($2,425.00 min) $ 52.50 Per Sq.Ft/First F $ 23.00 Per Sq. Ft Compacted Aggregate 75.00% Anchors $ 435.00 EA Rope Connections $ 105.00 EA MISC EQUIPMENT Earthscape(No Towers)/Timber Stacks 58% Of Retail Cost Motion Games 35% Of Retail Cost Fun Centers 45% Of Retail Cost Rock Blocks 30% Of Retail Cost Denali Net 45% Of Retail Cost Play Webs 30% Of Retail Cost Life Trail System/ENERGI 45% Of Retail Cost Action Vehicles $ 1,355.00 Rigid Vehicles $ 1,165.00 Triple Twist $ 1,495.00 Ralley Round $ 1,300.00 Turbo Tower $ 1,485.00 Twist $ 525.00 Hyperray $ 1,015.00 Whirlwind $ 725.00 Matrix 10' $ 1,605.00 Matrix 6' $ 1,135.00 Cosmic Warp $ 1,385.00 Super Satellite $ 1,650.00 Curl $ 685.00 Whirligig $ 685.00 Cozy Cocoon $ 815.00 Spinami $ 1,015.00 Overdrive $ 1,015.00 Unity Rocker $ 1,390.00 Unity Dome $ 2,280.00 Teeter Tunnel $ 3,430.00 Play Cubes 25% Of Retail Cost Unity Spinner $ 2,500.00 Live Wire $ 6,415.00 LG Overhead Canopy $ 1,875.00 Sierra Summit Climb $ 2,085.00 3 PT Overhead Canopy $ 1,615.00 Balance Trax 49% Of Retail Cost Zip Line with Take Off $ 11,115.00 Without Take Off $ 9,370.00 Music: Cabasa $ 370.00 Congas $ 245.00 Chimes $ 480.00 Vibes $ 480.00 Freenotes Equipment $ 270.00 Per Footing SITE FURNISHINGS AND SPORTS EQUIPMENT Bench/Misc. In Ground Furnishings $ 165.00 Per Hole Bench(Portable) $ 130.00 Single Pedestal Picnic Table $ 385.00 Picnic Table-Surface Mount $ 165.00 BBQ Grill $ 165.00 Per Hole Bike Rack $ 165.00 Per Hole Bike Rack(Portable) $ 130.00 Trash Receptacle $ 165.00 Surface Mount Items Same as Inground Flag Poles 20' $ 1,295.00 25' $ 1,550.00 30' $ 2,065.00 Tetherball Pole(thru Asphalt) $ 295.00 Toss-Up(thru Asphalt) $ 405.00 Triple Shootout(thru Asphalt) $ 805.00 Basketball Set(Single Post) 4'Extension $ 1,075.00 6'Extension $ 1,375.00 Double Post $ 1,375.00 Adjustable Hoop $ 2,285.00 Soccer Goals(Permanent) $ 1,048.00 EA Portable $ 565.00 EA Volley Ball Poles $ 375.00 EA 15'Bleachers(Call for Quote-Minimum$845.00/Bleacher) Call For Quote EXTRA DIGGING CHARGES Hand Dig Holes $ 65.00 Per Hole Dig with Dingo $ 32.50 Per Hole Dig Through: Wood Chips $ 70.00 Per Hole Pea Gravel or Sand $ 85.00 Per Hole Asphalt($150.00 minimum)4"Thick Max $ 160.00 Per Hole Rubber Tile $ 95.00 Per Hole Concrete(Call for quote) Call for Quote Asphalt&Concrete up to 4"thick standard/additional charges if over 4" 6"Thick:original cost plus $ 25.00 Asphalt per hole $ 30.00 Concrete per hole 7"Thick:original cost plus $ 35.00 Asphalt per hole $ 40.00 Concrete per hole 8"Thick:original cost plus $ 40.00 Asphalt per hole $ 49.00 Concrete per hole Babble-On Talk Tubes Through Asphalt $ 1,285.00 Babble-On Talk Tubes Through Concrete $ 1,930.00 BORDER AND SURFACING Pressure Treated Border Single Layer Supply and Install:8 x 8 Call for Quote Supply and Install:6 x 6 Call for Quote Supply and Install:4 x 6 Call for Quote Install Only:4 x 6 or 6 x 6 $ 12.95 Per Foot Supply and Install:4 x 4 Call for Quote Supply and Install:4 x 12 Call for Quote Recycled Plastic Border $ 8.08 Per Foot Spikes through Asphalt $ 8.95 EA Spikes through Concrete $ 21.45 EA Spread Wood Chips(includes laying one layer fabric) $ 570.00 Plus $ 25.00 Per Yd Double price for out of town(Spread Wood Chips) Out of Town Fee Top Off Wood Chips:3"to 6" $ 1.00 Per Sq.Ft $ 25.00 Per Yd Spread/Compact EWF in Two Lift Min. $ 1.00 Per Sq.Ft $ 55.00 Per Yd Spread Drain Rock/Gravel $ 570.00 Plus $ 35.00 Per Yd Extra Charges if not delivered to site Wood Chips(.18 X yards X feet away from site) $ 0.31 per yard,per sf Gravel(.26 X yards X feet away from site) $ 0.34 per yard,per sf Bonded EWF Installation(Materials not included) $ 9.95 Per Sq. Ft Spread Fabric $ 0.85 Per Sq. Ft Supply Fabric $ 0.30 Per Sq. Ft Site Work(Must be able to access site with Dump Truck and Heavy Equip) Supply and Install Drain Rock(3"Depth) $ 1.75 Per Sq Ft Remove and Dispose Woodchips $ 85.00 Per Yard Remove and Dispose Pea Gravel $ 85.00 Per Yard Remove and Dispose Sod $ 45.00 Per Sq Ft SURFACING INSTALL(PRICE INCLUDES PREVAILING WAGE) Poured in Place Up to 2"total thickness $ 10.45 Per Sq.Ft Additional Colors After First Color $ 805.00 Per Color Each Additional.5 inch $ 16.15 Per Sq.Ft Cutting Per Lin Ft $ 16.50 Per LF Perimeter Feet of Patterns $ 14.75 Per LF Tile Interlocking Compressed Tile $ 6.95 Per Sq.Ft Interlocking Compressed Tile Over Crushed Rock $ 8.05 Per Sq.Ft Corners and ADA Ramps(First 4 Corners Free) $ 375.00 Each Perimeter Cuts $ 20.35 Per LF Offload Tile on site($562.50 Min) $ 0.35 Per Sq.Ft Dispose of Tile Packaging($101.25 Min) $ 0.45 Per Sq.Ft Removal of Tiles(does not include patching asphalt) $ 5.65 Per Sq.Ft Disposal of Tiles $ 1.50 Per Sq.Ft Misc. Foam Pad Installation $ 2.05 Per Sq.Ft Wear Mats(Enter SF and#Anchors) $ 16.15 Per Sq.Ft $ 19.50 Per Ground Anchc SITE SUPERVISIONS Local daily rate-one person,up to 8 hours $ 2,885.00 (includes assembly tools) Additional Supervisor $ 865.00 Deluxe Supervision:as above with hole digging(3,300 min) 33% Equipment Cost Additional Hours $ 225.00 Out-of-Town Charge $ 4.85 per mile RT $ 485.00 Per Night Two Supervisors $ 7.00 per mile RT $ 695.00 Per Night "'If a one-day supervision is more than 90 miles one way, there will be a one-night charge Travel Expense 15% of Receipts HOLE MARKING/DIGGING AND POST SETTING Mark:up to 30 holes $ 1,075.00 Lump Sum Additional Holes $ 21.50 EA Dig:up to 30 holes(includes marking) $ 2,250.00 Lump Sum Additional Holes $ 55.00 EA Set Post(does not include digging holes) $ 185.00 EA Set Deck $ 1,250.00 EA Block Holes after we dig $ 27.00 EA Block Holes after someone else digs $ 8.00 EA Pour Concrete(after supervision)-$1275 minimum $ 1,275.00 Per Yard Backfill Holes(after concrete) 40% Digging Charge REMOVAL OF EXISTING EQUIPMENT 1-10 Footings $ 215.00 Per Footing 11-20 Footings $ 195.00 Per Footing 21-30 Footings $ 175.00 Per Footing 31-40 Footings $ 155.00 Per Footing 41-50 Footings $ 132.00 Per Footing 51+Footings $ 110.00 Per Footing Cut off at Grade Disposal of Equipment $ 42.50 Per Footing Disposal of Concrete(standard size footings) $ 42.50 Per Footing Reinstall of Equipment $ 300.00 Per Footing SHELTERS Must get quote direct from R&R Call To Get Quote OTHER COSTS Private Locate-All Projects over$2,000 $ 600.00 Water Access Surcharge $ 215.00 Pre-Installation site visit OOT and OOA(Round Trip) $ 3.00 Per Mile Equipment Remobilization Fee $ 1,500.00 Mileage Charge for out of Town/Out of Area Return Trips $ 6.45 Per Mile Repair,Service,Return Trip(local)-$525.00 minimum $ 135.00 Per Hour Minimum Install(Local) $ 1,500.00 Out of Town-if less than$3,000 call for quote Call for Quote Hourly Rate $ 140.00 Per Hour Return Trip-Mileage Rate Only(262.50 Min) $ 6.75 Per Mile Plus hourly rate for repairs/installation that was not on original scope Orange Temp Fence($300 Min) $ 2.25 Per Ft 6'Temp Fence(Chain Link)$525.00 Min $ 15.00 Per Ft Additional Upcharge for Standalone Items at Deluxe Price 45% to Standard Additional Upcharge for Standalone Items to Remove Dirt from Hole OI 16% to Standard Additional Upcharge for Standalone Items to Dispose Trash 15% to Standard Additional Upcharge for Standalone Items to Offload(Equipment ONLY 16% to Standard Davis Bacon Wages 65% Of Install Cost Prevailing Wage Form-Project $ 150.00 Fee Playground Installations Requiring Footing Inspections 40.00% Of Install Installation over Vault 30.00% Of Install Out-of-Town Charge(WA):70+miles from Bonney Lake 85.00% Of Install Out-of-Area Charges(See Chart) 85.00% Of Install Perimeter playground fencing-4'High Vinyl Coated Chain Link $ 115.00 Per LF Pedestrian gate for playground fence $ 1,005.00 Per Entry Vehicle gate for playground fence $ 1,450.00 Per Entry Retaining blocks-price per linear and vertical foot $ 42.50 Excavation of material from site-Up to 12" $ 9.25 Per SQ Ft Mark Site for locate $ 620.00 Removal and reinstallation of old equipment $ 410.00 Per Footing Through wood chips-add $ 70.00 Per Footing Supply Topsoil 15+Yards $ 65.00 Per Frt 10+Yards $ 85.00 Per Frt 6+Yards $ 95.00 Per Frt Supply Temporary Fencing(Minimum$950) $ 15.00 Per FT Miscellaneous Installation Costs $ 285.00 Per Hour Designer Fee $ 225.00 Per Hour Landscaper Architect $ 285.00 Per Hour Engineering Fee $ 285.00 Per Hour Concrete,Asphalt&Gravel Concrete Slab ($1500 minimum) $ 21.15 Per SO FT (If truck can access site-Extra charges for pump&freight) Concrete curb 6"wide x 12"high-Plus freight $ 72.00 Per LF Asphalt Pad(requires access and extra for freight charges) $ 12.00 Per SO FT (Does not include removal of old surface) "'Minimum on concrete&asphalt pad size is 500 SF with good access plus freight Gravel costs per ton: Depends on access&freight charges $ 56.50 per Ton Gravel Spread $ 8.25 Per CU FT ** Installation Rates for Montana 50% Additional to Rates Above " Installation Rates for Alaska 100% Additional to Rates Above KCDA Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (1/19/2022), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Northwest Playground Equipment, Inc. Bidder's QBusiness Name Signature of Authorized Offiero5 Robert S McGarvey Printed Name President Title 3/3/2022 Issaquah WA Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Washington If a co-partnership, give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. KCDAPURCHA SING COOPERATIVE 18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org Uniform • ttiGAR" Certification Form 00 When a purchasing agency seeks to procure goods and services using funds under a federal grant or contract,specificfederal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to,the procurement standards of the Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200, referred to as the"Uniform Guidance" or new"EDGAR". All Respondents submitting proposals must complete this EDGAR Certification form regarding the Respondent's willingness and ability to comply with certain requirements,which may apply to specific agency purchases using federal grant funds. For each of the items below,the Respondent will certify its agreement and ability to comply,where applicable, by having the Respondent's authorized representative check, initial the applicable boxes, and sign the acknowledgment at the end of this form. If a Respondent fails to complete any item of this form,KCDA will consider and may list the response, as the Respondents are unable to comply. A "No" response to any of the items below may influence the ability of a purchasing agency to purchase from the Respondent using federal funds. violation of Contract Terms and Conditions Provisions regarding Respondent default are included in KCDA's terms and conditions. Any contract award will be subject to such terms and conditions, as well as any additional terms and conditions in any purchase order, ancillary agency contract, or construction contract agreed upon by the Respondent and the purchasing agency,which must be consistent with and protect the purchasing agency at least to the same extent as KCDA's terms and conditions. The remedies under the contract are in addition to any other remedies that may be available under law or in equity. Termination for Cause of Convenience For a participating agency purchase or contract in excess of$10,000 made using federal funds, you agree that the following term and condition shall apply: The participating agency may terminate or cancel any purchase order under this contract at any time, with or without cause, by providing seven (7) business days in advance written notice to the Respondent. If this agreement is terminated in accordance with this paragraph, the participating agency shall only be required to pay Respondent for goods and services delivered to the participating agency prior to the termination and not otherwise returned in accordance with the Respondent's return policy. If the participating agency has paid the Respondent for goods and services provided as the date of termination,Respondent shall immediately refund such payment(s). If an alternate provision for termination of a participating agency's purchase for cause and convenience, including how it will be affected and the basis for settlement, is in the participating agency's purchase order, ancillary agreement or construction contract agreed to by the Respondent, the participating agency's provision shall control. 1 Equal • • Opportunity Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contract that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Respondent agrees that such provision applies to any participating agency purchase or contract that meets the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and Respondent agrees that it shall comply with such provision. Davis When required by Federal program legislation, Respondent agrees that,for all participating agency contracts for the construction, alteration, or repair(including painting and decorating) of public buildings or public works, in excess of$2,000, Respondent shall comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Respondent is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specific in a wage determinate made by the Secretary of Labor. Also, Respondent shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Respondent agrees that,for any purchase to which this requirement applies, the award of the purchase to the Respondent is conditioned upon Respondent's acceptance of wage determination. Respondent further agrees that it shall also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each construction completion, or repair of public work,to give up any part of the compensation to which he is otherwise entitled under his contract of employment,shall be defined under this titled or imprisoned not more than five (5)years, or both. Contract Work Hours and Safety Standards Act Where applicable,for all participating agency purchases in excess of$100,000 that involve the employment of mechanics or laborers, Respondent agrees to comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Respondent is required to compute the wages of every mechanic and laborer based on a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of the 40 U.S.C. 3704 applies to construction work and provides that no laborer or mechanic must be required to work in surroundings or under working conditions that are unsanitary, hazardous,or dangerous. These 2 requirements do not apply to the purchase of supplies, materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. Right to Inventions Made Under a Contract or Agreement If the participating agency's federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experiments,developmental or research work under the"funding agreement,"the recipient or sub- recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Clean Air Act and Federal Water Pollution Control Act Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended, contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Respondent agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Debarment Debarment and Suspension(Executive Orders 12549 and 12689), a contract award (see 2 CFR 180.222) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Respondent certifies that the Respondent is not currently listed and further agrees to immediately notify KCDA and all participating agencies with pending purchases or seeking to purchase from the Respondent if Respondent is later listed on the government-wide exclusions in SAM,or is debarred,suspended, or otherwise excluded by agencies or declared ineligible under state statutory or regulatory authority other than Executive Order 12549. Anti-LobbyingByrd Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), Respondents that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 3 Procurement of Recovered Materials For participating agency purchases utilizing Federal funds, Respondent agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery,and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Profit as a Separate Element of Price For purchases using federal funds in excess of$150,000, a participating agency may be required to negotiate profit as a separate element of the price. See 2 CFRR 200.323(b). When required by a participating agency, Respondent agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Respondent agrees that the total price, including profit, charged by the Respondent to the participating agency shall not exceed the awarded pricing,including any applicable discount, under the Respondent's contract with KCDA. General Compliance with Participating Agencies In addition to the foregoing specific requirements, Respondent agrees, in accepting any purchase order from a participating agency, it shall make a good faith effort to work with a participating agency to provide such information and to satisfy requirements as may apply to a particular purchase or purchases including, but not limited to,applicable record keeping and record retention requirements as noted in the Federal Acquisition Regulation, FAR 4.703(a). 4 i tableBy initialing the . signing below, • •n in this form is true,complete and accurate and that I am authorized by my business to make this certification and all .consents • agreements contained Respondent Re • Certification: Init YES, I agree • • I •• NOT 1. Violation of Contract Terms and Conditions Yes 2. Termination for Cause of Convenience Yes 3. Equal Employment Opportunity Yes 4. Davis-Bacon Act Yes �°,Q/✓I S. Contract Work Hours and Safety Standards Act Yes 6. Right to Inventions Made Under a Contract or Agreement Yes 7. Clean Air Act and Federal Water Pollution Control Act Yes 8. Debarment and Suspension Yes 0 /0 9. Byrd Anti-Lobbying Amendment Yes 10. Procurement of Recovered Materials Yes 11. Profit as a Separate Element of Price Yes )CIA 12. General Compliance with Participating Agencies Yesj�i� Northwest Playground Equipment, Inc. Name of Business p � 1 Signature of Authorized Repr e Robert S. McGarvey Printed Name 3/3/2022 Date 5 KCDAPURCHA SING COOPERATIVE 18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115• Fax 253-395-5402•www.kcda.org INVITATION FOR BID Playground Equipment, Surfacing, & Site Amenities - Bid #22-315 Bid Due Date: No later than March 3, 2022 at 2:00 pm PST King County Directors'Association (KCDA) is a purchasing cooperative owned by the school districts of Washington State and is located in Kent, Washington. KCDA's membership is made up of, but not restricted to, public school districts, private schools, municipalities, political subdivisions and other public agencies primarily located in Washington, Oregon, Idaho, Alaska, and Montana. The KCDA Purchasing Cooperation (hereinafter"KCDA") requests bids from manufacturers and/or dealers who can offer Playground Equipment, Surfacing, &Site Amenities to its member agencies. Total estimated value of this contract is approximately$13,000,000 to$14,000,000 annually. Each response is to be filed in a separate envelope and marked with the appropriate IFB name, number, day and time of opening. All bids must be at KCDA's office on or before the time shown above or they will not be accepted nor considered. Responses sent via email,faxed, or"postage due"will not be accepted. Responses sent via Federal Express, Express Mail or other overnight delivery services must be sent to: KCDA, 18639 80th Ave S, Kent WA 98032 and clearly marked with the IFB number and description,Attn: Purchasing Department. ATTN: Purchasing Dept Playground Equip, Surfacing, &Site Amenities IFB#22-315 KCDA 18639—80`h Ave S Kent,WA 98032 The vendor has full responsibility to ensure the proposal arrives to the Purchasing Office by the due date and time. KCDA assumes no responsibility for delays caused by the U.S. Post Office or any other delivery service. Postmarking by the due date will not substitute for actual receipt of response by the date due. Proposals arriving after the deadline may be returned unopened to the vendor, or may simply be declared non-responsive and not subject to evaluation, at the sole determination of KCDA. All questions pertaining to this bid shall be entered in the "Questions"section of Public Purchase. No emails or phone inquiries will be accepted. Electronic copies of this IFB are available via KCDA's website at www.kdca.org. Click on Contracts & Bids /Vendor Bids, materials can also be downloaded online via Public Purchase www.publicpurchase.com. If you have trouble opening the document, send email to kwvman@kcda.org. Karri Wyman, Contract& Procurement Specialist (425)251-8115 X 133 Published in the Daily Journal of Commerce-Seattle and the Daily Journal of Commerce-Oregon January 19, 2022 and January 26, 2022 KING COUNTY DIRECTORS ASSOCIATION INVITATION FOR BIDS NOTE:THERE ARE NO FEES ASSOCIATED WITH KCDA BIDS WHEN USING PUBLIC PURCHASE INVITATION FOR BIDS INDEX I. INTRODUCTION A. KCDA Membership B. Interpretation of Bid Documents C. Exceptions D. Contract Default E. Bidder Responsibility F. Bidder Financial Responsibility G. Minority and Women Owned Businesses II. GENERAL PROVISIONS A. Bid Opening B. Modifications C. Quality Standards D. Rejection of Any or All Responses E. Binding Contract F. Estimated Quantities G. Contract Period H. Ordering Schedule I. Extended Contract Period J. Requested Samples K. Disposal of Samples L. Anti-Discrimination Clause M. Indemnification N. Patent Indemnification O. Safety Requirements P. Risk of Loss Q. Rejection R. Shipment Identification S. No Bid Response T. Bid Awards U.Termination V. Reciprocity W. Force Majeure III. PREPARATION OF BID A. Submittal of Bid Document B. Signatures C. Questions/Addendums D. F.O.B. Shipments E. Product Identification F. Quantity per Unit of Measure G. Alternate Proposal H. Errors/Corrections I. Invoicing J. Cash Discounts/Invoice Payments K. Washington State Sales Tax 2 3-3-17 Direct Ship and Hard Copy Responses IV. PRODUCT ACCEPTANCE A. General Policy V. BID PROTESTS A.Who may protest B.What can be protested C. How to file a protest D. When to protest E. Where to file a protest F. After a protest is filed VI. PRODUCT TOXICITY REPORTS A. Hazardous Chemical Communication VI I. SPECIAL NOTATIONS ATTACHMENT A-Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ATTACHMENT B—Terms by Manufacturer ATTACHMENT C-Special Provisions I. INTRODUCTION A. KCDA MEMBERSHIP KCDA is a purchasing cooperative owned by 294 public school districts in the state of Washington and is located in Kent,Washington. KCDA's membership is made up of, but not restricted to public school districts, private schools, municipalities, political subdivisions and other public agencies located in but not limited to Washington, Oregon, Idaho, Alaska, and Montana. Representing over 1 million students and over 5,000 ship to locations, KCDA purchases approximately$100 million worth of products, equipment and services on behalf of the membership. A complete list of all school districts and other public agencies that are members of the KCDA Purchasing Cooperative is available on our web site www.kcda.org. Restrictions of merchandise or services to any locale of KCDA membership must be clearly noted in a bid response. B. INTERPRETATION OF BID DOCUMENTS Any person contemplating submitting a bid for the proposed contract that is in doubt as to the true meaning of any part of the bid documents, or finds discrepancies in or omissions from the bid documents, shall submit to KCDA a written request for an interpretation or correction thereof. Such request shall be submitted and received not later than 10 days prior to the date specified for receipt of bid responses.Any interpretation or correction of the bid documents will be made in writing by addendum duly issued to all bidders. KCDA will not be responsible for any other explanation or interpretation of the bid documents. C. EXCEPTIONS Any exceptions to the terms and provisions of this invitation for bids shall be made by signed and dated attachment to the bid response. Do not add to, delete from,or amend in any manner the bid form. Exceptions pertaining to payment or delivery terms must be noted within Attachment B. All noted exceptions are subject to approval and acceptance by KCDA. D. CONTRACT DEFAULT Your bid is subject to all terms and conditions as herein established in this bid request form and include price, quality and delivery. Subsequent failure to provide items bid in accordance to the purchase order and bid delivery schedule will constitute contract default, and, after due written notification, allows the Purchasing Department to declare the contract void and to purchase the merchandise on the open market.Any additional costs to procure and distribute replacement product will be charged to the bidder. E. BIDDER RESPONSIBILITY All bidders shall thoroughly examine and be familiar with the bid documents including all exhibits and attachments.The failure or omission of a bidder to receive or examine any form, instruments, addendum, or other document shall in no way relieve any bidder from obligations with respect to your bid or to the contract.The submission of a bid shall be taken as prima facie evidence of compliance with this section. F. BIDDER FINANCIAL RESPONSIBILITY KCDA has the right to request financial information from any bidder to evaluate the bidder's ability to meet the terms and conditions of any and all contracts that may be established by acceptance of the offer contained in the bid. Additional confirmation from the bidder's supplier(s)that the delivery terms of the contract will be met may be required. KCDA reserves the right to reject any or all bids and/or bidders unable to prove they are financially able to provide the quantity of merchandise they have offered in response to this bid invitation. G. MINORITY AND WOMEN OWNED BUSINESSES KCDA encourages all minority and women owned businesses to participate in the bid process. Washington State law does not allow KCDA to provide any financial advantage for minority and women owned businesses who participate, however, KCDA believes that a diverse range of suppliers benefits all. II. GENERAL PROVISIONS A. BID OPENING All bids submitted for supplies and/or services will be opened in public at the time, date and place, and in the manner herein specified, and all bidders are invited to be present at the opening of such bids.A final recap will be available from KCDA after bid awards are made. Under no circumstances will a bid be considered if filed after the hour specified in the invitation for bids.To be considered for award, a bid response must be submitted according to the instructions and prior to the date and time indicated within.The times listed in any referenced schedule are Pacific Standard Time. KCDA will not accept bids that are sent via fax or email. The KCDA address is: King County Director's Association Purchasing Department 18639 80tn Ave S Kent,WA 98032 B. MODIFICATIONS/WITHDRAWL OF BID Bids may be modified or withdrawn by written notice received prior to the exact hour and date specified for receipt of bids. Bids may also be modified or withdrawn in person by an authorized representative, who must sign a receipt for this action. Returned and/or unsubmitted bids shall become the responsibility of the bidder. Bids that are not resubmitted on or before the exact time of the opening may not be considered for award. C. QUALITY STANDARDS Whenever an item in this invitation for bid is described using a manufacturer's name, brand or catalog number, it shall be construed solely for the purpose of indicating the standards of quality. Brands of equal quality shall be considered, except where otherwise stated, provided the bidder specifies the brand, model and number on which their bid is submitted and submits samples, specifications and other information necessary to properly evaluate the bid. Any bid containing a brand which is not of equal quality at the sole discretion of KCDA, shall not be considered. KCDA will accept bids on new product only. Merchandise that has been refurbished or has been in storage for a long period of time is unacceptable. D. REJECTION OF ANY OR ALL RESPONSES KCDA reserves the right to accept or reject any or all bids and to waive informalities or irregularities in any bid or in the bidding process. E. BINDING CONTRACT It is understood that the offer represented by a bidder and an award made by the KCDA Board of Directors to the successful bidder,forms a binding contract. KCDA, under certain circumstances,will allow the assignment of contracts; however, no assignment can occur to another entity without written agreement from KCDA. F. ESTIMATED QUANTITIES Quantities, if shown on the bid forms, are estimated requirements of the members for whom KCDA acts as purchasing department based on historical ordering information. Such quantities represent the total quantity the cooperative anticipates purchasing over the life of the contract period. KCDA reserves the right to order more or less than the quantities stated in the bid. Any minimum order requirements or ordering restrictions should be so indicated as part of the bid response and will be subject to bid evaluation. Quantities ordered are based on actual requirements and the successful bidder will fulfill that requirement regardless of the manufacturer's policies regarding order completion. G. CONTRACT PERIOD Following an award, a contract would be issued as an annual contract from the date of KCDA Board acceptance,or as noted under Special Provisions.After the initial period,there is a possibility of three (3) renewals for the duration of one (1)year each. Pricing is firm for the first/initial period. H. ORDERING SCHEDULE Based upon accepted minimum order requirements set by the successful bidder, KCDA or KCDA members may submit orders once a contract has been established by the KCDA Board of Directors. KCDA reserves the right to place orders anytime, for any amount, during the contract period based upon any accepted minimum quantities and time restrictions set forth by the successful bidder attached to their bid response. Quantities and delivery dates listed in this bid are presented as a guide to the bidder, but will not be binding or limiting to the KCDA and its members. I. EXTENDED CONTRACT PERIOD By mutual written agreement of KCDA Board of Directors and the successful bidder,the initial contract period may be extended for additional periods, not to exceed extensions of 3 years total beyond the initial contract. Such extensions shall be at the awarded price in effect at the time and under the same terms and conditions as the original contract unless otherwise allowed under terms of the contract. Requests for extension shall be submitted to KCDA a minimum of 30 days prior to expiration of the existing contract term. J. REQUESTED SAMPLES It is the bidder's responsibility to provide samples, if requested by KCDA,for a bid response to be considered. Submit the samples to King County Directors'Association, 18639 80th Ave. S., Kent, Washington, 98032 when requested. All requested samples must be labeled with the bid number, KCDA's item number(as applicable) and bidder's name, and be submitted no later than seven (7) working days after request. DO NOT ENCLOSE YOUR BID WITH THE SAMPLES. K. DISPOSAL OF SAMPLES Bid samples not picked up within 30 days after the bid award date shall become the property of the King County Directors'Association and shall be disposed of by distribution to the member school districts or by donation as deemed appropriate by KCDA. L. KCDA NON DISCRIMINATION STATEMENT Bidders who desire to provide KCDA with equipment, supplies and/or professional services must comply with the following Non Discrimination requirements. During the performance of this contract,the Bidder agrees as follows: Bidder will comply with all Local,State and Federal Laws prohibiting discrimination with regard to race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. The Bidder will not discriminate against any employees or applicant for employment because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. The Bidder will, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Any Bidder who is in violation of these requirements, or an applicable nondiscrimination program shall be barred forthwith from receiving bid awards or any purchase orders from KCDA. M. INDEMNIFICATION The Vendor agrees to defend, indemnify and hold harmless KCDA and the member agency, and their respective officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions in performance of this Agreement, except for injuries and damages caused by the sole negligence of KCDA or the member agency. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor, KCDA or the member agency and their respective officers, officials, employees, and volunteers,the Vendor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Vendor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Vendor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purpose of this indemnification. Use of this contract certifies that the waiver of immunity specified by this provision was mutually negotiated by the parties.The provisions of this section shall survive the expiration or termination of the Agreement. N. PATENT INDEMNIFICATION By accepting this order, Bidder agrees to save and hold harmless KCDA, its successors, assigns, customers and the users of its products from any liability, loss, damage,judgments, or awards, including costs and expenses arising out of any actions, claims, or proceedings for infringement of(a) any United States Letters Patent purporting to cover the material to be delivered to Buyer under this order, or its normal intended use and (b) any trademarks appearing with the material on delivery to KCDA; and further, Bidder agrees to defend KCDA, its successors, assigns, customers and the users of its products at Bidder's expense in all such actions, claims, or proceedings, provided that KCDA shall give Bidder prompt notice in writing of all such actions, claims, and proceedings, as well as notice of infringement and threats of suit for infringement. O. SAFETY REQUIREMENTS All items furnished under this bid, where applicable, must comply with all OSHA, WISHA, UL Approval, including but not limited to chapter 296-46B of the Washington Administrative Code and any other safety requirements imposed by KCDA,State or Federal agencies. Bidder further agrees to indemnify and hold KCDA harmless from all damages assessed against KCDA as a result of Bidder's failure to comply with the acts and the standards issued thereunder and for the failure of the items furnished under this order to so comply. P. RISK OF LOSS Regardless of F.O.B. point, Bidder agrees to handle all claims and bear all risk of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery, and such loss, injury, or destruction shall not release Bidder from any obligation hereunder. Q. REJECTION All goods or materials purchased herein are subject to approval by KCDA or the KCDA member. Any rejection of goods or materials resulting from non-conformity to the terms,conditions and specifications of an order, whether held by KCDA, KCDA member, or returned will be at Bidder's risk and expense. R. SHIPMENT IDENTIFICATION All invoices, packing lists, packages, shipping notices, instructions,correspondence and all other written documents affecting any KCDA order shall contain the applicable purchase order number. A packing list must be provided with every shipment being made to KCDA indicating all the products shipped and back ordered; also, every carton shipped pursuant to this order must be marked with the contents therein. S. NO BID RESPONSE If no offer is to be submitted at this time, do not return this bid. A letter should be forwarded to KCDA advising whether future bids of this type are desired. Failure of the recipient to notify KCDA of your intentions may result in removal of your name from the bidder's list. T. BID AWARDS Following evaluation, bids recommended for award will be awarded by the KCDA Board of Directors to the lowest responsible bidder meeting specifications. KCDA reserves the right to award items in groups for ordering efficiencies,to meet minimum requirements (if accepted), to make multiple awards, or to reject any and all bids or portions thereof, to waive any minor irregularities in the bid process, or to make no awards, if in its sole judgment the best interests of KCDA and its members will not be served. U.TERMINATION Termination for Convenience: KCDA may terminate this contract, in whole or in part, at any time and for any reason by giving thirty(30) calendar days written termination notice to Vendor.Termination charges shall not apply unless both parties subsequently agree upon them. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Vendor prior to date of termination. KCDA will not be responsible for stock that the Vendor has on hand that has not been requested via a purchase order. Should the parties not agree to a satisfactory settlement,the matter may be subjected to mediation and/or legal proceedings. V. RECIPROCITY Where allowed by law, KCDA may review responses from bidders outside the State of Washington to see if those bidders are from states that use restrictions against companies from the State of Washington when they respond to public bids. KCDA may use this information in making bid awards when multiple bidders appear to have submitted the same pricing, terms and conditions on a particular bid item or items. W. FORCE MAJUERE Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under this contract, if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control or responsibility of the party affected and occurs without its fault or negligence, including, but not limited to the following: acts of God; acts of the public enemy; war; riots; strikes; industry-wide labor disputes; civil disorders; fire; flood; snow; earthquakes;tornadoes or violent winds; hail storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control or responsibility of the party declaring force majeure,which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies the other party of the existence of the force majeure, and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract.The party receiving the notice of force majeure may contest the declaration of a force majeure. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, internal labor disputes, or similar occurrences. If either party is delayed at any time by force majeure,the delayed party shall notify the other party in writing of such delay within forty-eight (48) hours. III. PREPARATION OF BID A.SUBMITTAL OF BID RESPONSE Submission of a response as designated in the bid instructions signifies that bidder will be bound to the terms and conditions of this bid unless an exception is made part of the submission and accepted by KCDA. Bidder must submit the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form, included as Attachment A. Bids received without this form may be considered non- responsive. B. SIGNATURE Bid responses are required to include the firm name, address, telephone number, contact name and authorized signature, signed in longhand by the person duly authorized to sign bid documents identified in the solicitation. Every attempt will be made to answer all questions. Where a response or addendum cannot be obtained prior to the bid opening, it is understood that the Bidder will assume the more stringent of requirements. C. QUESTIONS/ADDENDUMS All questions must be submitted in writing to the KCDA Purchasing Agent. D. F.O.B. SHIPMENTS Prices must be quoted in the UNIT SPECIFIED, PACKAGING INCLUDED and except for cash discount percentages, quoted NET, F.O.B.THE DELIVERY POINT specified in this bid, including the unloading of the merchandise. KCDA typically redistributes products to its members unless designated or requested as a direct ship method.All merchandise shipped to KCDA must be in packaging that can be reshipped,via common carrier,without damage. Any damage incurred due to insufficient packaging will be the responsibility of the supplier. No charges will be allowed for special handling, packing,wrapping, bags, containers, reels, etc. E. PRODUCT IDENTIFICATION All bid responses must confirm the manufacturer number, brand name or grade specified in the bid invitation and such identification shall be binding on the bidder. Bidders must insert the manufacturer number, brand name, grade and any other information necessary to clearly and properly describe and identify the articles they propose to furnish. If necessary attach additional documentation for this purpose. Alternates should be noted as an "alternate item" and properly identified with brand, manufacturer number, etc.The bidder is not to alter the grade, brand, manufacturer number or description as given in the bid invitation. Questions on how to properly submit an alternate item must be directed to the named Purchasing Agent responsible for this bid. F. QUANTITY PER UNIT OF MEASURE Where applicable, if the quantity or volume per unit differs from that specified in the bid invitation for any particular item, it is mandatory to note such difference in the bid response. Any bid submitted not showing the quantity per unit of measure will be construed to mean the bidder will furnish the unit of measure as specified in the bid invitation and such interpretation shall be binding on the bidder. If the bidder provides a unit of measure different from the KCDA requirement, it will be construed as an alternate item.Any merchandise subsequently received in other than KCDA units must be repackaged to correct units. Repackaging is the responsibility of the bidder who has entered into the contract. Payment will not be tendered until the merchandise has been packaged to KCDA units. If necessary, KCDA reserves the right to repackage merchandise to KCDA units and charge the bidder for all fair and reasonable associated costs. KCDA requires that upon award,the successful bidder establish a factory pack unit and ship in that unit for the duration of the contract. G. ALTERNATE SPECFICATIONS An alternate specification is where the bidder is offering a product or service significantly different than outlined in the bid request, and typically applies to items listed as "No Substitute". For alternate specifications to be considered, a request must be submitted to KCDA 15 working days prior to the bid opening. If accepted by KCDA, a clarification will be issued to all bidders on a bid addendum.Alternate specifications may be accepted if they meet the conditions above and they are deemed to be in the best interest of KCDA and the member agencies. H. ERRORS/CORRECTIONS Any erasures, interlineations or other correction in the bid must be initialed by the person(s) signing the bid. Corrections must be provided within the terms of the vendor response and accepted by KCDA. I. INVOICING It is understood that invoices issued by the manufacturer/dealer will reflect the shipping date of materials. It is also understood that actual delivery and install or training at the end user location may be delayed from the date of shipment. Subsequently, payment will be made after satisfactory delivery and acceptance by the end user of any quantity of merchandise shipped and/or installed.Advance discussion regarding payment terms on specific projects are recommended where this may occur.Where KCDA participates in the invoicing process, KCDA reserves the right to withhold payment to a vendor on a project until such time payment from the customer has been received. Invoices enclosed with merchandise will not be accepted. Invoices shall contain the following information: purchase order number, item number, quantity ordered, quantity shipped, unit price, extension,terms and sales tax. Payments will be made on original invoicing only. J. CASH DISCOUNTS/INVOICE PAYMENTS Cash discounts are encouraged and cash discount percent and terms may be entered on Attachment B. KCDA will subtract cash discount percentages when comparing bids in all cases where it is deemed probable that KCDA will be able to take advantage of the offered discounts. KCDA will accept terms for as few as 15 days. If the terms portion of the bid is left blank then terms will be assumed to be Net-30 days. Please do not enter terms as 100%as this means the merchandise bid is free. KCDA is required, by law,to process invoice payments through the King County Treasurer. Payment warrants can be issued weekly.The first day for start of terms shall begin with acceptance of delivery or installation by the end user or receipt of invoice,whichever is later. Invoices with discounts between 15 and 30 days will be paid within terms and net 30-day invoices will be paid on the first pay date after 30 days. K. WASH INGTON STATE SALES TAX Washington State sales taxes are not to be included in any items as part of the bid response, but will be added at the time of invoicing. All other taxes, including but not limited to any excise or business and occupation tax must be included in your bid price. The only taxes KCDA will pay upon invoice are the Washington State Sales tax. IV. PRODUCT ACCEPTANCE A. GENERAL POLICY The Purchasing Department shall have the right to reject any and all articles that are not in strict conformity with requirements and specifications of the bid and the approved samples submitted by the bidder.The bidder must replace all rejected articles promptly with articles of quality equal to the specifications or samples submitted and remove rejected articles at his own expense. In the event of failure on the part of the bidder to promptly replace rejected articles,the Purchasing Department reserves the right to purchase same on the open market or of declaring the contract void. Any additional costs incurred to procure and distribute replacement product will be charged to the bidder. V. BID PROTESTS A. Who may protest Only actual or potential bidders with a direct economic interest in the outcome may file a bid protest. B. What can be protested Acceptance or rejection of a bid proposal, award or proposed award of a bid, allegedly restrictive specifications, omission of a required provision, ambiguous or indefinite evaluation factors are all factors that can be protested. C. How to file a protest Protests may be filed with either the KCDA purchasing agent who issued the bid or with the KCDA purchasing manager. Protests should include the following information: 1) Include the name, street address, email address,telephone and fax numbers of the protestor or their representative. 2) Be signed by the protestor or its representative. 3) Identify the solicitation or bid contract number. 4) Set forth a detailed statement of the legal and factual grounds of protest, including copies of relevant documents. 5) Set forth all information establishing that the protester is an interested party for the purpose of filing a protest. 6) Set forth all information establishing the timeliness of the protest. 7) Specifically request a ruling by the KCDA purchasing manager. 8) State the form of relief requested. Appeals of protest ruling must be made in the following order: 1) KCDA Purchasing Manager, 2) KCDA Executive Director 3) KCDA Board of Directors. D. When to protest Protests alleging improprieties in a solicitation must be filed before the bid opening time and date if the improprieties were apparent prior to that time. A solicitation defect that was not apparent before that time must be protested not later than 2 business days after the defect became apparent. E. Where to file a protest Protests must be sent to: KCDA Purchasing Cooperative PO Box 5550 Kent, WA 98064-5550 F. After a protest is filed Upon receipt of a protest, KCDA will acknowledge receipt of the protest in writing either by mail, fax or email.The only time an acknowledgement is not sent will be if the protest is summarily dismissed. Protestors may be contacted for a meeting to review the protest. Within 10 days KCDA will make a decision as to the merits of the protest and notify the protestor of the decision and any remedies in the matter. VI. PRODUCT TOXICITY REPORTS A. HAZARDOUS CHEMICAL COMMUNICATION In order to comply with WAC 296 62 054, Hazard Communication, all bidders offering products on this bid that contain any toxic chemicals that may be harmful to the end user, must submit a Material Safety Data Sheet(MSDS) on the State of Washington form as provided by law with the bid. Please list any web site address where an MSDS can be obtained. Any hazardous material tax must be included in the price of the product bid. KCDA will not be held responsible for any additional taxes (other than Washington State Sales Tax) and will not pay them if noted as a separate line item on invoices. VII. SPECIAL NOTATIONS ATTACHMENT A-Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ATTACHMENT B—Terms by Manufacturer ATTACHMENT C-Special Provisions KCDAPURCHA SING COOPERATIVE 18639-80TH Ave S.• P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.ora INVITATION FOR BID Playground Equipment, Surfacing, & Site Amenities Bid #22-315 ATTACHMENT A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion In submitting the proposal to provide products and/or services as outlined in the bid specifications, we hereby certify that we have not been suspended or in any way excluded from Federal procurement actions by any Federal agency. We fully understand that, if information contrary to this certification subsequently becomes available, such evidence may be grounds for non-award or nullification of a bid contract. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, Participant's Responsibilities. Signed: Title: Firm: Address: City, State, Zip: Date: Email: Note: Electronic acceptance of these terms and conditions signifies compliance with above statement. (Line item Whse bids) King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment _ ATTACHMENT B KCAVATerms by Manufacturer PURCHASING COOPERATIVE Playground Equip,Surfacing,&Site Amenities#22-315 18639-80TI Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402•www.kcda.org Bid Due Date:March 3,2022 at or before 2:00 pm,PST Bidder Name: Address: Phone: Fax: City,State,Zip: STANDARD BIDDER LEAD TIME FOB DESTINATION: TERMS BY MANUFACTURER:Please provide the minimum order required per manufacturer and lead times. SPECIFIC DISCOUNTS:Please provide quoted discounts from the manufacturer's current list prices.It is the bidders responsibility to submit updated price lists during the contract year,when the contract allows,otherwise discounts will be taken from the most current on file.The manufacturer must already be present in this bid to be considered.Discounts must include shipping/freight charges.A current price list and catalog must be provided at the time of bidding.NOTE: DISCOUNTS MAY BE USED IN DETERMINING AWARDS. FOB-Freight FACTORY-Cost will be extra Manufacturer Minimum Order Lead Time Discount Amount Discount Detail DESTINATION-Cost is included in discount Ex:ABC Company Inc $1,000 4-6 Weeks 25% 2016 List Price Sheet Destination 22-315 Authorized Agents Signature Date Bid Number Name of Firm KCDAPURCHASING COOPERATIVE 18639—80th Ave. S. • P.O. Box 5550 • Kent,WA 98064-5550 • Phone 425-251-8115 • Fax 253-395-5402 • www.kcda.org INVITATION FOR BID Playground Equipment, Surfacing,& Site Amenities Bid#22-315 ATTACHMENT C—Special Provisions THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING LANGUAGE IN THE STANDARD TERMS AND CONDITIONS A. SOLICITATION OBJECTIVES KCDA is seeking manufacturers, providers or dealers/distributors to provide current and emerging Playground Equipment, Surfacing, & Site Amenities to its members. Total approximate value of spend for this contract is between $13,000,000 and $14,000,000. However, KCDA does not guarantee any minimum or maximum value or number of orders. It is KCDA's intent to establish an annual multi-state contract with the potential of up to three (3) one-year extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer or a manufacturer's sales representative authorized to provide KCDA Playground Equipment, Surfacing, & Site Amenities in Washington, with the preferred ability to service surrounding member states (ex: Oregon, Idaho, Montana, Alaska). Contracts established by KCDA are available for use by all public schools, colleges, universities, cities, counties and other government agencies throughout the nation. Participation in KCDA is not required of any governmental agency; however,participation does provide the legally required competition for contracts for commonly purchased products and services, thereby saving the entity the time and expense of a required competitive process. As allowed by specific state statutes, members can issue purchase orders for any amount without the necessity to prepare their own IFB or gather necessary quotations. Bidders must be an authorized manufacturer, sales representative or service dealer having a local sales, service and install presence in Washington State. The Bidder must also include a list identifying the states within which they are authorized to sell, service and install. If a portion of a state is serviced,bidder must specifically list the portion which is serviced. Bidder can list by county, region or territory. Bidder must provide the list as a separate document when submitting a response. The bidder may propose different pricing and rates for different installation areas as necessary to accommodate applicable wage rates and costs. Bidders must have a local sales presence that either reside or can be contacted within the additional states named to enable KCDA members to have onsite consultation, needs assessment, installation, integration and training. The types of services and products may include, but are not limited to: • Playground equipment—Complete playgrounds for all ages, stand-alone activities, outdoor fitness systems, etc. • Playground equipment components—Replacement parts, system components, accessories, etc. • Surfacing—Engineered wood fiber, tiles, matting,turf,poured-in-place, etc. • Site amenities -Picnic tables, benches, trash receptacles, sanitizing stations, etc. • Large tent/canopy structures - Event/party/cafeteria tents. Sturdy with a weatherproof covering and optional walls. Surface mounted, etc. • Shelter/shade structures - Constructed with wood,metal, stone, fabric, etc. • Sitework, installation, design, engineering, etc. • NOTE: Bleachers will not be awarded under this contract. All products provided must comply with current Americans with Disabilities Act(ADA) laws, Consumer Product Safety Commission(CPSC) guidelines, and current ASTM standards as certified by the International Play Equipment Manufacturers Association(IPEMA). Include any certifications to this respect with your bid. By conducting this solicitation, KCDA intends to provide savings and to offer its members a choice of Playground Equipment, Surfacing, & Site Amenities at discounted pricing. KCDA's purpose is to: • Cooperatively serve our members and associate members through a continuous effort to explore and solve present and future purchasing needs. • Provide government agencies opportunities for greater efficiency and economy in acquiring goods and services. • Equalize purchasing power for smaller agencies that are unable to command the best contracts for themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases and complying with purchasing laws and ethical business practices. • Provide competitive price solicitations which meet the procurement laws of our members. • Secure multi-state volume purchasing contracts which are measurable, cost effective and continuously exceed our members' expectations. • Provide quick and efficient delivery of goods and services by contracting with"high performance and quality"vendors who understand our members' needs. B. TIMELINE January 19, 2022 & January 26, 2022 Advertised as Bid#22-315 in DJC Seattle, Oregon March 3, 2022 Bids due no later than 2:00 P.M. PST April 14, 2022 Award recommendation April 21, 2022 Board Approval May 1, 2022 Contract Start Date C. SUBMISSION OF BIDS Bidders are requested to submit pricing for Washington State per the drawings and specifications provided in this solicitation. KCDA requests pricing for its members in Oregon, Idaho, Montana and Alaska as well. Bidder is requested to submit either 1) separate price pages for each state being bid or 2)provide a pricing matrix that shows a price factor to be applied to the Washington state pricing in order to calculate the pricing for other states. Pricing must be provided in hard copy and must be available in Excel on flash drive or CD. Online submission of bid through Public Purchase is NOT accepted. • Submit sealed bids in 3-ring binder with an inside pocket and a set of dividers. Submit one(1) bound and signed copy of the bid plus one(1) electronic copy on CD or flash drive. • KCDA reserves the right to reject any or all bids and to accept any proposal deemed most advantageous to KCDA members and to waive any informality in the bid process. • Bids shall be submitted as stated in this solicitation. Deviations to any terms, conditions and/or specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid. No cross outs or delineations shall be made to the existing document. Exceptions and deviations will be considered in award evaluation. KCDA reserves the right to reject any deviations or exceptions stipulated in a bidder response and may subsequently disqualify such bid if such terms are unacceptable to KCDA. Language to the effect that the bidder does not consider this solicitation to be part of a contractual obligation may result in the bid being disqualified. • Withdrawals of bids will not be allowed for a period of 60 days following the opening. Withdrawal of bids prior to the opening date will be permitted. • Addendums if required, will be issued by KCDA through Public Purchase. Addendums will also be posted on the KCDA website (www.kcda.org)under Contracts & Bids—Vendor Bids. Addendums will not be mailed or e-mailed. It is bidder's responsibility to check for issuance of any Addendums prior to submitting a bid. All Addendums must be signed and returned with the bid document, or the bid will be considered non-responsive. All documents with signatures shall have original ink signatures. Electronic copies shall be scanned with original signatures. D. BID FORMAT 1. Preparation of the Bid Response a. The IFB #22-315 is published in one PDF document on the KCDA website, it is also published on the Public Purchase website with all required documents and forms posted separately. • Cover Page indicates the Due Date and where to send Bid documents to • Terms and Conditions • Attachment A contains the Debarment Statement(signature required) • Attachment B Terms by Manufacturer includes catalog discounts (signature required) • Attachment C Special Provisions that take precedence (signature required) • Attachment D Signature Page and Miscellaneous Fees (signature required) • Attachment E Services Price Schedule(complete as necessary) • Attachment F Deviations (signature required) • Certification of Compliance with Wage Payment Statutes (signature required) • Company Profile(signature required) • EDGAR Certification Form (signature required) b. Bid Forms requiring signatures shall be submitted with original ink signatures,by the person authorized to sign the bid. Failure to properly sign the bid documents or to make other notations as indicated will result in the response being deemed non-responsive. c. Corrections and/or modifications received after the opening time will not be accepted, except as authorized by applicable rule, regulation or statute and KCDA. d. In case of an error in extension of prices in the bid,unit prices shall govern. e. Periods of time, stated as a number of days, shall be in calendar days, not business days. f. It is the responsibility of all Bidders to examine the entire IFB package, to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due date and time. g. The Bidders' ability to follow the bid preparation instructions set forth in this solicitation will also be considered to be an indicator of the Bidders' ability to follow instructions should they receive an award as a result of this solicitation. Any contract between KCDA and a Bidder requires the delivery of information and data. The quality of organization and writing reflected in the bid will be considered to be an indication of the quality of organization and writing which would be prevalent if a contract was awarded. As a result, the bid will be evaluated as a sample of data submission. 2. Format of Bid Response Bidders shall provide bids in a three ring binder using standard size paper, clearly identified with the company name and the name of the IFB being responded to on the outside front cover and vertical spine. Clearly identified tabs must be used to separate the bid into sections, as identified below. Responses should be direct, concise, complete and unambiguous. Bidders failing to organize bids in the manner requested risk being considered non-responsive if bids are not easily read and understood. Awards will be made more efficiently and timely by following the required format. Tab 1 - Company Profile/Information • Company Profile form • Responses should include a brief introduction informing KCDA of the qualifications and experience of the Bidder, along with a brief company history. • Reference requirements: Projects should be of similar size and complexity,preference given for government contracts. Tab 2- Response Forms • Debarment Statement-Attachment A • Terms by Manufacturer-Attachment B (option: bidder may include this information in their own format as part of the pricing pages) • Special Provisions-Attachment C • Deviations-Attachment F • Certification of Compliance with Wage Payment Statutes • EDGAR Certification Form Tab 3 -Pricing Pages • Manufacturer Price Lists. Any additional costs are to be priced by methods designated under Installation Rates or by RS Means, as provided in the Bidder's response to this solicitation. • Installation Rates: A listing of products or services (including, but not limited to: site prep, sitework, installation, disposal, etc.) which are not listed in the Manufacturer Price Lists which Bidder can provide and may be considered as a value add for KCDA member agencies. Bidder to provide in their own format, if applicable. • Miscellaneous Fees-Attachment D • Services Price Schedule-Attachment E, or bidder's own format. Tab 4 -Product Line Brochures and Literature Tab 5 - Marketing Plan • List shows, conferences, show examples of flyers or describe how bidder will market the KCDA Playground Equipment, Surfacing, & Site Amenities contract. Tab 6—Authorized Dealers/Vendor Partners • Provide letters from each manufacturer stating authorization to deal. • List all dealers/vendor partners authorized to utilize this contract through the vendor. Tab 7-Addendums E. VENDOR RESPONSIBILITIES • Designate and assign a dedicated senior-level contract manager(one authorized to make decisions) to the KCDA contract. This employee will have a complete copy and must have working knowledge of the contract. • Train and educate sales staff on what the KCDA contract is including pricing, who can order from the contract, terms/conditions of the contract and the respective ordering procedures for each state. It is expected that the awarded vendor will lead with the KCDA contract. • Develop a marketing plan to support the KCDA contract in collaboration with respective KCDA member agencies. Plan should include, but not be limited to, a website presence, electronic mailings, sales flyers, brochures, mailings, catalogs, etc. • Create a KCDA-specific sell sheet with a space to add a KCDA logo and contact information for use by KCDA and the awarded vendors local sales representatives to market within each state. • Have ongoing communication with the Contract and Procurement Specialist at KCDA and the KCDA member agencies. • Attend two (2) "touch base"meetings at KCDA per year. One of those meetings may be participating in the KCDA Vendor Fair. • Participate in national and local conference trade shows to promote the KCDA contract. • Increase sales over the term of the KCDA contract. F. EQUIPMENT & RELATED PRODUCTS 1. New Products All Playground Equipment, Surfacing, & Site Amenities provided under this contract must be new, not previously used, and are being actively marketed by the manufacturers' authorized dealers. All branded playground equipment components, spare parts, application software, and ancillary equipment supplied under this contract must conform to manufacturer specifications and shall be of new manufacture and in current standard production. The awarded vendor is responsible for ensuring that these items are operable and installed in accordance with manufacturer's specifications. 2. Installation/Removal a. The installation and/or removal of contract Playground Equipment, Surfacing, & Site Amenities shall be performed in a professional manner. The member's premises and equipment shall be left in a clean condition. The awarded vendor may be required to repair all damage and/or provide full compensation for damage to the member agencies premises and equipment that occurred during installation/removal. b. Personnel in charge of the installation must be available to coordinate installation with member agency's internal staff. Qualified service support and technical personnel will be required to provide all necessary maintenance and repair. Installation dates and installation schedule must be approved by member agency. c. Installation crews may be working around students, teachers and general staff. Installation may require off hour and weekend work in order to accommodate and complete the project in the timeline required by the member agency. The member agency will try to accommodate access for installation during schoolibusiness hours; however, any plan that displaces staff, students or personnel will most likely create disruption to the ordinary daily schedule. After hours and weekend installations are preferred and will be so identified in the proposal to the member agency. d. Project Manager for the awarded vendor shall verify proper installation at multiple and various times throughout the duration of the installation. e. Upon successful completion of installation, test system functionality for all possible scenarios and document all outcomes. f. Installment requirements (electrical certifications,plumbing certifications, licenses, permits etc.). 3. Newly Installed Equipment or Related Product Problems Member agency will evaluate the performance of newly installed Playground Equipment, Surfacing, & Site Amenities for a 15-day period after installation. If the performance is unsatisfactory, the member agency will immediately contact the awarded vendor to pursue corrective action and resolution of the problem. Resolution of performance problems may result in: • Repair or other action to correct the problem including training or modifications made to member's satisfaction. • The replacement of the Playground Equipment, Surfacing, & Site Amenities with another of the same brand and model, at no additional cost(including delivery and installation) to the member agency. • Return of the Playground Equipment, Surfacing, & Site Amenities with cancellation of the order at no charge to the member agency. 4. Inspection/Testing/Acceptance a. Inspections, tests, measurements, or other acts or functions performed by the member agency shall in no manner be construed as relieving the awarded vendor from full compliance with contract requirements. At a minimum, an installed piece must demonstrate the capability of providing the functions and services specified in the manufacturer's published literature. 5. Maintenance, Repair and Service a. Maintenance, repair and service related to the operation of Playground Equipment, Surfacing, & Site Amenities must be provided to member agency. b. Excessive Service and Downtime: Playground Equipment, Surfacing, & Site Amenities including all components, spare parts, application software, and ancillary equipment supplied through this contract shall be capable of continuous operation. Therefore, awarded vendor shall guarantee that all Playground Equipment, Surfacing, & Site Amenities will be operational at least 98% of normal business hours. Playground Equipment, Surfacing, & Site Amenities that develop a trend of requiring an excessive number of service calls shall be reported by the member agency to the awarded vendor or by the awarded vendor to the member agency as the situation warrants and a corrective action and resolution will be made in a manner that is best for the member agency. c. In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instance shall the awarded vendor be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written authorization of the member agency. d. Awarded vendor must guarantee the availability of repair parts for a minimum of five(5) years subsequent to member agencies acceptance of the contracted Playground Equipment, Surfacing, & Site Amenities. 6. Relocation/Transfer a. Member agencies shall be afforded the option to relocate/transfer contract Playground Equipment, Surfacing, & Site Amenities from one member location to another member location as deemed necessary with no change to agreement or maintenance plans. If self- moves are an option, the awarded vendor must be notified prior to relocating or transferring. The member agency will be responsible for repairs required for damage that occurred during self-moves. b. Alternately member agencies may elect to have the awarded vendor relocate/transfer the Playground Equipment, Surfacing, & Site Amenities. The awarded vendor is responsible for repairs required following such relocation/transfer. Relocation/transfer of Playground Equipment, Surfacing, & Site Amenities must be coordinated with member agency contact personnel responsible for the contract. 7. Adding New Products and/or Services Playground Equipment, Surfacing, & Site Amenities must meet the scope of work to be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Awarded vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, if it is within the same awarded manufacturer and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. KCDA may require additions to be submitted with documentation from KCDA members demonstrating an interest in, or a potential requirement for, the new product or service. KCDA may reject any additions without cause. 8. Discontinued Products If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model, it is within the awarded manufacturer and if the discount is the same or greater than the discontinued model. NOTE. Listing the above specifications shall in no way relieve the awarded vendor from the responsibility to follow proper code and regulations. G. TRAINING & SUPPORT If applicable,please state specifically the amount of training which will be provided at no charge. Then list the charge per hour of additional training if applicable (see Attachment E). a. If specified by the member agency, staff in-service shall be offered following the installation. Training needs must be quantified and specified by the member agency. Awarded vendors shall provide appropriate pricing(if applicable) based upon each member agencies training need. It is understood that some training may be provided free of charge, and some may incur charges. Please outline your training philosophy and related pricing structure. b. If desired, follow up training may also be scheduled to further support usage and to identify Any individual training needs. Please include follow up training pricing as well. H. PUBLIC WORKS LANGUAGE Vendor agrees that, in performance of the services required under this agreement, Vendor shall abide by all federal, state, local and Washington law and regulations that may apply to construction and public works. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. a. Public Works: State of Washington statute requires workers be paid prevailing wages when employed on public works projects and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010 and 020) It is the contractor's responsibility to be acquainted with and comply with State regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are established by the Washington State Department of Labor and Industries and can be obtained on the web at http://www.lni.wa.gov/TradesLicensina/PrevWage/WageRates/default.asp or by contacting Labor and Industries at 360-902-5335. A copy may also be requested from KCDA. KCDA serves all counties in Washington State. The County in which the project is located will be identified once a member initiates a request for the service, and the effective wage rate to be applied to a specific project is to be based on the date of this bid during the original contract term, and if contract extensions are granted, the prevailing wage rate in affect at the time of the latest extension. implication: The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive administrative or professional in nature. It does not apply to work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair work, etc. Prevailing wage application depends on the work that is performed, regardless of the worker's job title. (RCW 39.12.020 and WAC 296-128-510 through 530) Definition: Public Works is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010) Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building service maintenance(janitorial) contracts. (RCW 39.12.020) Contractors bidding a Public Works project exceeding $1,000,000.00 must declare who their HVAC, Mechanical and Electrical subcontractors will be within one hour of bid submission and the listing of structural installation and rebar installation subcontractors within 48 hours of bid submission, and submit this information with bid documents in order for the bid to be responsive (RCW 39.30.060). Such projects also have special considerations pertaining to use of apprentices (RCW 39.04.310, RCW 39.04.320, and RCW 39.04.350). Reciprocity: In accordance with RCW 39.04.380 any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. This does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280 or other procurement exempt from competitive bidding. b. Prevailing Wage: Definition: Prevailing Wage is the hourly wage, usual benefits and overtime,paid in the largest city in each county, to the majority of workers, laborers and mechanics. The rate is established by the Department of Labor and Industries for each trade and occupation employed in the performance of public work. If Federal funds are used, bidders must comply with provisions of Davis-Bacon Act. Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed and approved for the contractor and all subcontractors. No payments can be made until all contractors/subs have submitted an approved intent form. KCDA cannot release retainage until all Contractors have an approved Affidavit of Wages Paid form certified by the Industrial Statistician. (RCW 39.12.030, 040, 042) Once the work is successfully completed, KCDA will release 95% of the project cost and withhold 5% retainage for 45 days as dictated by law. The final 5% will be paid when the following is completed: Receipt of approved Affidavit of Wages Paid Forms, Releases from Washington State Department of Labor& Industries, Employment Security Department and the Department of Revenue, and acceptance of project completion to the satisfaction of the KCDA ordering member. The cost of filing required Intents and Affidavits is the responsibility of the Contractor and may not be added as a line item charted to the member a2ency. All Intents and Affidavits must name the a2ency for whom work is being performed as the contract award a2ency,not KCDA. Federally Funded Projects: In addition to the Federal Requirements of Section III, Housing and Urban Development(HUD) Terms and Conditions, Davis-Bacon prevailing wage requirements apply to public works construction contracts of$2000 or more when a project includes any federal funding of any amount. When there is a difference between applicable state and federal prevailing wages for a particular classification of labor, contractors and subcontractors are required to pay the higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found at http://www.wdol.gov/. Contractors/Subcontractors must be knowledgeable and adhere to all federal prevailing wage requirements, including but not limited to paying workers weekly and providing certified weekly payrolls for the contractor and subcontractors of any tier as required in the Davis- Bacon Act and applicable U.S. Department of Labor regulations. Falsification of any prevailing wage payroll records may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Contractor shall inform all subcontractors of the Davis-Bacon requirements and the prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Contractor must coordinate all requirements related to federal funded projects with the KCDA member Agency. c. Responsible Bidder: Before award, the bidder must meet the following state responsibility criteria and, if applicable, supplemental responsibility criteria to be considered a responsible bidder. The bidder is required to submit documentation demonstrating compliance with the criteria. Low Responsible Bidder A. State Responsibility Criteria. The Bidder must meet the following state responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier(UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW. 5. New bidder requirement. Certify that within the three-year period immediately preceding the bid solicitation date: a. The bidder is not a"willful"violator, as defined in RCW 49.48.082, or any provision of chapter 49-46, 49.48 or 49.52 RCW. b. As determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil,Lgement entered by a court of limited or general jurisdiction. c. As of July 1, 2019, WA Labor and Industries has required all businesses to have public works training before bidding and/or performing work on public works projects. This training requirement has been added to the responsible bidder criteria in RCW 39.04.350 and RCW 39.06.020. Awarding agencies are required to verify all contractors submitting bids meet this requirement before awarding the contract. 6. At the time of bid submittal, provide signed sworn statement in accordance with RCW 9A.72.085 verifyingunder nder penalty of per'M that the bidder is in compliance with the new responsible bidder criteria requirement. 7. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, the criteria are included as "Exhibit A."The Bidder may make a written request to modify any or all of the supplemental criteria. Modification of supplemental criteria shall be at KCDA's discretion. Any modifications to the supplemental criteria shall be made by addenda prior to bid opening. Subcontractor Responsibility The contractor shall include the language of this section in each of its first tier subcontracts and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier(UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW 5. Have an electrical contractor license, if required by Chapter 19.28 RCW; 6. Have an elevator contractor license, if required by Chapter 70.87 RCW; d. Bonds- Payment & Performance: The prime Contractor shall provide a Performance and Payment Bond at 100% of the contract price to the KCDA member with a copy to KCDA before work begins. The only exception is for contracts of one hundred fifty thousand($150,000) dollars or less. In this instance, at the option of the Contractor, the member may in lieu of the bond retain ten eU rcent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The bond shall be issued by a surety company authorized to do business in the State of Washington and shall be on standard forms used for public projects (RCW 39.08.010) and as directed by the KCDA member. Performance and Payment bonds for KCDA members outside Washington must be provided by companies licensed to provide bonds for public entities in the member's state. e. Licenses: The prime contractor shall possess and maintain in current status all federal, state, and local licenses, bonds, and permits required for the performance and delivery of any and all products and services offered in its response to the bid solicitation. Before submitting a bid, Bidders must hold a current, valid contractor's license as required in Washington. The contractor's license must be in the name of the legal entity submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor or joint venture. Bidders submitting bids in Washington State without a valid contractor's license in the name of the Bidder are in violation of RCW 18.27.020. It is the responsibility of the prime contractor to ensure any subcontractors performing under this contract hold and maintain appropriate licenses. KCDA reserves the right to request copies of licenses at any time during the contract. Copies of licenses, upon request, must be submitted to the member prior to performing the work. The Contractor agrees to keep and ensure subcontractors keep any required license, permit or bond current and in compliance with Washington rules, regulations and statutes, as well as in states outside Washington in which contractor performs work under this contract. For work performed for any Washington State school district, public agency or municipality, the Contractor must comply with the bidder responsibility requirements of RCW 39.04.350 prior to the KCDA member awarding a contract. The contractor must verify the responsibility of all subcontractors used in accordance with RCW 39.06.020. f. Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the responsibility of the successful Contractor/Bidder. g. Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types and amounts of insurance required by KCDA and the KCDA member must be provided to the KCDA member prior to performance of any work. In addition, the Commercial General Liability policies must be endorsed to name KCDA and the KCDA member as additional insureds. Such policies must be further endorsed to provide that the insurance is primary as respects KCDA and the KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be excess and not contributing insurance with the Contractor's insurance. These endorsements must be provided along with the certificate of insurance. The KCDA member must both approve the certificate of insurance and endorsements. h. Acceptable Pricing Method: KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e., sole source) in which KCDA and Vendor may mutually determine the Alternative Costing Method is acceptable. This will be the exception rather than the rule. RS Means or line item bid pricing is acceptable. i. Progress Payments: The Contractor shall be paid,upon submission of a proper Payment Request, the prices stipulated herein for work performed(less deductions, if any), in accordance with all payment and retainage instructions herein. Submitted Payment Requests must contain the following minimum information: a. Contract Number b. Bid item ID, bid quantity,unit, unit price and description as appropriate c. Sales Tax as applicable The Payment Request will be reviewed by the Member before payment is made. If the Member is in disagreement with the Payment Request, KCDA will issue a notice requesting a revised Payment Request. KCDA, at its discretion, reserves the right to withhold payment on a given project, pending receipt of payment from the customer. In accordance with RCW 51.12.050, KCDA reserves the right to deduct from the payment any outstanding industrial insurance premiums owed by the Contractor or Subcontractors. j. Payment Retainage: In accordance with RCW 60.28 contract retainage [not to exceed five percent of the moneys earned by the contractor toward completion of a public improvement contract] shall be withheld and reserved in one of two ways: a. As a trust fund for the protection and payment of 1) the claims of any person arising under the contract, and 2) the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due from such contractor. Upon completion of a contract, the member agency shall notify the Department of Revenue, the Employment Security Department, and the Department of Labor and Industries of the completion of contracts over one hundred fifty thousand dollars. KCDA will issue payment on the retainage amount forty-five days after notice from the KCDA Member Agency that the contract has been accepted as complete or upon receipt of all necessary releases, whichever is later. b. Option of providingretainage tainage bond for the full amount of the retainage(5% of the contract amount with a performance bond). This bond is separate from the performance bond under RCW 39.08.10. Providing a retainage bond means no retainage is withheld. If you choose to provide a retainage bond a copy of the bond must be submitted. k. Force Majeure Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under this contract, if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term"force majeure"means an occurrence that is beyond the control or responsibility of the party affected and occurs without its fault or negligence, including,but not limited to the following: acts of God; acts of the public enemy; war; riots; strikes; industry-wide labor disputes; civil disorders; fire; flood; snow; earthquakes; tornadoes or violent winds; hail storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control or responsibility of the party declaring force majeure, which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract. The party receiving the notice of force majeure may contest the declaration of a force majeure. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, internal labor disputes, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party in writing of such delay within forty- eight(48) hours. I. PRICING The bidder shall submit pricing using Manufacturer Price Lists, Attachment B -Discounts, Installation Rates, and Attachment E—Services Price Schedule, as necessary. Vendor bid pricing shall include a 2% administrative fee on all line items and charges. The administrative fee must be part of the bid price. If you are bidding a catalog price less a discount, make sure the administrative fee is included in the net price to the member agency. Pricing must include the 2% KCDA service fee so the service fee is invisible to KCDA members. For all Playground Equipment, Surfacing, & Site Amenities, pricing may be by line item or discount off manufacturer price list(Attachment B). Accessories and materials may be from other manufacturers or sources but must be identified and priced in the IFB response either by item or via catalog discount. On the pricing sheet, list and group accessories and materials by manufacturer for ease of identification. Respondents will choose only one pricing method to be used per manufacturer. Alternative pricing methods shall be addressed in Attachment B. Proposals received that provide both methods for a single manufacturer will be found non-responsive. Fixed prices shall be firm until each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment contingencies outlined in the bid. If price adjustment contingencies occur, or not less than ninety (90) days prior to each contract anniversary date, awarded vendor may submit a fully documented request for price adjustment to KCDA. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to awarded vendor that was out of awarded vendor's control. KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in member agencies' best interests. If accepted, new fixed prices shall apply to the contract upon approval from KCDA. Price changes shall be a factor in contract renewal. The awarded vendor agrees that the cost for any item bid on this contract may vary by state due to specific requirements or other jurisdictional impacts. If the overall cost is discounted or lowered for any member agency, however, the cost will be similarly lowered or discounted at the same time for all member agencies for the same scope, size and value. (If a KCDA member agency proposes to purchase a large volume of one product at one time and the awarded vendor agrees to provide an additional discount, that same volume discount would be available to any KCDA member agency.) It is understood and agreed upon between Bidder and KCDA that the Bidder's pricing does not include the cost for any site specific conditions or requirements. Site specific requirements shall be addressed on a case by case basis at the time the order is placed. Any additional cost(s) are to be priced by methods designated under Installation Rates, or by RS Means, as indicated in bidder's response to this solicitation. Warranty: Describe the warranties that apply to the products offered in the IFB response and when warranty date will commence. Identify any website links that cover warranty information. The manufacturer has the primary responsibility to honor a manufacturer' warranty. Awarded vendor agrees to assist the member agency reach a solution in a dispute with the manufacturer over a warranty's terms. Any extended manufacturer's warranty will be passed on to the member agencies. List any pricing applicable to warranties in Attachment E of the IFB response. Risk of Loss or Damage: Awarded vendor shall retain title and control of all goods until they are delivered and received. All risk of transportation and all related charges shall be the responsibility of the awarded vendor. The awarded vendor shall file all claims for visible or concealed damage. The member agency will notify the awarded vendor and/or freight company promptly of any damaged goods and shall assist the freight company/awarded vendor in arranging for inspection. No F.O.B. vessel, car or other vehicle terms will be accepted. Taxes: Member agencies, who have obtained Playground Equipment, Surfacing, & Site Amenities under the terms of this contract, will be responsible for payment of all taxes related to acquisition of the Playground Equipment, Surfacing, & Site Amenities, such as sales tax, property tax, etc. Awarded vendor must separately list all such taxes on member proposal and subsequent invoice. J. FUNDING OUT CLAUSE Any acquisition agreement with a KCDA member agency that exceeds one (1) year shall include a standard "funding out" clause. Such an acquisition is a commitment of the entity's current revenue only, provided the agreement contains either or both of the following provisions: 1. Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the agreement. 2. Conditioned on a best effort attempt by the entity to obtain appropriate funds for payment of the acquisition. K. AUTHORIZED DEALERSNENDOR PARTNERS The bidder must secure from the manufacturer, if the bidder is not the manufacturer, a written guarantee executed by the manufacturer that the bidder is an authorized dealer of that manufacturer. This can be submitted as a Manufacturers Guarantee/Manufacturers Certificate, or a statement on the manufacturer's letterhead with corporate acknowledgement. Failure to provide will result in award disqualification for that manufacturer. Bidder may propose a network of authorized dealers/vendor partners through whom the bidder intends to perform the contract. Member agencies may be directed to bidders' network of authorized dealers/vendor partners for Playground Equipment, Surfacing, & Site Amenities, however the awarded vendor shall be responsible for the actual job performance of each and every authorized dealer/vendor partner. This includes, but is not limited to,proper ordering process and reporting, or submittal of 2% service fee. Unresolved problems with the authorized dealer/vendor partner may be referred to the awarded vendor for resolution. Bidders are to identify and list each of the authorized dealers/vendor partners they intend to involve in contract performance. Awarded vendor must be capable of replacing authorized dealers/vendor partners found unsuitable to participate in performance on the KCDA contract and establish new authorized dealers/vendor partners in a timely manner. During the contract period, the awarded vendor or purchasing agent may remove an authorized dealer/vendor partner from the list of those designated to this contract at any time without further explanation or process. The awarded vendor may propose authorized dealer/vendor partner additions for consideration at any time throughout the contract provided; • The request is in writing on awarded vendors letterhead. • It is filed with the Purchasing Agent a minimum of 30 calendar days before the effective date of the proposed change. • It clearly identifies the authorized dealers/vendor partners involved in the change. • It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change. L. AWARD 1. Evaluation It is the intent of KCDA to award a manufacturer's complete line of products based on the specifications provided when possible and advantageous. KCDA expects to award to the lowest responsive and responsible bidder per unique manufacturer specifications that meet IFB terms, conditions, and criteria specified. An award is at the sole discretion of KCDA. KCDA reserves the right to reject any or all proposals, accept the proposal(s) that are deemed most advantageous for KCDA member agencies, and waive any irregularities in the solicitation process. Awarded vendors will be required to turn in updated specifications for the manufacturers awarded. The following criteria will be used in evaluating responses to this IFB. An award is anticipated to be made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple awards may be made. Evaluation Criteria and Weight Proper submission of proposal 10 Comprehensiveness of product and services 10 provided Related Experience 15 Pricing 50 Presentation of full and complete product offering that can meet variety of member 15 agencies requirements/timeline. TOTAL POSSIBLE POINTS 100 Clarification and/or Discussions Clarification of a response may be necessary. KCDA will communicate with the bidder(s) for the purpose of eliminating minor errors, clerical errors, and/or irregularities. Clarification is accomplished by explanation or substantiation, either in response to an inquiry from KCDA or an inquiry initiated by a bidder. Clarification does not give a bidder the opportunity to revise, change or modify their response in any way. Discussion takes place after the initial receipt of proposals. KCDA reserves the right to conduct discussions with bidders whose responses are determined to be reasonably inclined toward receiving a contract award. Discussion may occur when oral or written communications between KCDA and the bidder are conducted for the purpose of clarifying information to determine the acceptability of a response. KCDA will not assist the bidder in bringing the bidder's response to the same level of other responses received by KCDA. Further, KCDA will make no indication of pricing or other information received from other bidders. Competitive Ranee: KCDA reserves the right to establish a competitive range of acceptable responses as part of the evaluation process as defined herein. Responses below the competitive range will be determined to be unacceptable and will not receive further consideration. M. ORDER PROCESS & REPORTING 1. The awarded vendor must verify that a customer is a KCDA member. A current list of member agencies is posted on the KCDA website under"Membership". If the awarded vendor's customer is not posted on the KCDA website, the awarded vendor must verify membership with the KCDA Contract Specialist. If the customer is not a member agency,but is eligible to become a member agency, the Contract Specialist will give the awarded vendor's customer instructions regarding the membership process. 2. Awarded vendor will submit a signed and dated proposal or quote to a KCDA member agency in accordance with the pricing awarded under this IFB. All Playground Equipment, Surfacing, & Site Amenities purchased must include the KCDA 2% service fee as a part of the price to the member a2ency. Do not list the 2% as a separate line item. The awarded vendor must specifically state the KCDA contract number#22-315 on the proposal to the KCDA member agency. The proposal must identify the member agency contact name, e-mail address and phone number for the person responsible for approving the purchase. This information is critical and if not provided may be grounds for delaying the processing of the order as well as eventual payment to vendor. 3. Members should send a copy of their PO made out to KCDA and a copy of the Vendor quote to the KCDA Contract Specialist designated on the Awarded Contracts page. Upon KCDA's verification of membership and pricing, KCDA will create and forward a KCDA purchase order to the designated point of contact at the Vendor. The Contract Specialist will request additional information, such as scope of work and item/part number along with pricing for each line item as needed. Failure to provide adequate evaluation information may result in delay of approval by Contract Specialist 4. A copy of the order will be kept on file at KCDA. 5. Vendor must not commence delivery, services or installation using the KCDA contract without receiving a purchase order from KCDA. 6. Orders processed against this contract by customers who are not KCDA members or without emailed approval from KCDA are in violation of the contract. Vendors not following proper procedures may be removed from consideration for future awards. 7. KCDA reserves the right to revise the ordering process above at their sole discretion, if deemed necessary for contract management or audit purposes. An implementation for change will be coordinated with the Vendor as needed. N. CHRISTIAN DOCTRINE Any federal, state and local governing authority's/jurisdiction's statutes, codes, rules and regulations referenced and/or govern the products, services and activities relating to and are part of this solicitation, whether or not physically noted or included, shall be complied with and adhered to as required. It is the sole responsibility of the Bidder to perform and complete any necessary research and investigation required to make themselves aware of and comply with this item. Signature Must be the same signature that appears on the bid response forms KCDAPURCHAS/NG COOPERAT/VE �® 18639-80T"Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.orp INVITATION FOR BIDS #22-315 Playground Equipment, Surfacing, & Site Amenities BID DUE DATE: March 3, 2022 on or before 2:00 PM PST Attachment D SIGNATURE PAGE AND MISCELLANEOUS FEES The undersigned offers and agrees, if this bid is accepted, to furnish any or all of the items upon which prices were quoted, at the prices set opposite each item, F.O.B. delivery point specified in the Invitation for Bids, and agrees to make delivery within the delivery dates specified, or as otherwise amended by attachment. Contract Prices Offered 1. Firm for annual contract ( ) 2. Firm for initial order only ( ) 3. Variable by item/group ( ) (Identify under separate cover) MISCELLANEOUS FEES In some cases additional charges may be necessary. These costs are for items delivered direct to Members.Attach additional pages as may be necessary for each manufacturer. "TBD", "Job by Job", etc. is not acceptable and may disqualify your response. Bidders should list out any other pricing for services on additional pages as needed within this section. Delivery Fee: $ flat fee or mileage rate Installation Fee: $ per hour(comply w/Prevailing Wage- RCW 39.04.010, 39.12.010 &020) Performance Bond: % Demolition Fee: $ Restock Fees: $ Lift Gate Fee when required $ OTHER $ NOTE : If services are not documented in pricing pages,fees must be justified by using IRS Means. FUTURE DELIVERIES On occasion, KCDA Members will place orders near the end of the contract period for delivery after the contract period has expired. Will your company honor orders placed during the contract period for future delivery? No Yes Yes, but only if delivered before Signed: Firm Name: Name and Title: Telephone No. Email: "Note: All lines of information must be provided with submittal. Electronic acceptance of these terms and conditions signifies compliance with all terms and conditions. Attachment E-Services Price Schedule Bid #22-315 Playground Equipment,Surfacing, &Site Amenities NOTE: If your company provides any of the services listed below,please complete the price schedule. **BIDDER MAY INCLUDE THIS INFORMATION IN THEIR OWN FORMAT AS PART OF THE PRICING PAGES.** If services are not documented in pricing pages,fees must be justified by using RS Means. y Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: Description Regular Price or Rates Per Diem Charges (if any) � Rates any) Y/N L G1 N C laA G1 Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: Rates any)Description Regular Price or Rates Per Diem Charges(if any) Y/N T C M L '> L L M N Discounted Price or Per Diem Charges(if any) Mileage Charges(if *Additional Discount on Large Projects: Description Regular Price or Rates Rates Y) an Y/N t 4J ex:Initial(must price) ex:Follow up training(must price) L L QJ H Vf Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: Description Regular Price or Rates Rates Per Diem Charges(if any) Y) an Y/N t Vl O chi CL > CL L V1 Vf *Please detail additional discounts on large projects. Playground Equipment,Surfacing, & Site Amenities Bid#22-315 ATTACHMENT F—Deviations INSTRUCTIONS: 1. If"NO"is checked below, complete this form by signing it at the bottom. 2. If"YES" is checked below, either insert answers into this form or create a Microsoft Word table format to provide narrative explanations of exceptions. If adding pages, the bidder's name and identifying information as to which item the response refers must appear on each page. 3. Scan this form plus any attachments into a single PDF document. 4. Title the file"Attachment F - Deviations". 5. Exceptions to local, state or federal laws cannot be accepted under this bid. ❑ NO, this bidder does not have deviations (exceptions or alternates) to any terms, conditions and/or specifications listed in the bid documents. ❑ YES, this bidder has the following deviations to the terms, conditions and/or specifications listed in the bid documents. Section/Item Specification describe Details of Deviation Signature Must be the same signature that appears on the bid response forms. JDA Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (1/19/2022), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder's Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. KCDAPURCHA SING CO OPERA TI VE 18639-Si-jTH Ave S. +P.O.Bm 5550+Kent,DNA 98064-5550+Phone 4 5-251-8115+Fax 253-395-5402+vmw_kcda.wg COMPANY PROFILE Playground Equipment, Surfacing, & Site Amenities Bid #22-315 COMPANY CONTACT INFORMATION Company Name: Website: Company Address: City: State: Zip: Contact Person: Title: Contact Phone: Contact Email: State of WA Department of Licensing Contractor's Registration No. State of WA UBI Number State of WA Department of Employment Security No. Washington State Excise Tax Registration No. Federal Tax ID Number DUNS Number BACKGROUND Note: Generally, in high level contracts, KCDA will not accept an offer from a business that is less than five(5)years old, or which fails to demonstrate and/or establish a proven record of business. If the bidder has recently purchased an established business or has proof of prior success in either this business or a closely related business, provide written documentation and verification in response to the questions below. KCDA reserves the right to accept or reject newly formed companies based on information provided in this response and from its own investigation of the company. This business is a ❑ public company ❑ privately owned company. In what year was this business started under its present name? Under what other or former name(s) has your business operated? Is this business a corporation? ❑ No ❑ Yes. If yes, please complete the following: Date of incorporation: State of incorporation: Name of President: Name(s) of Vice President(s): Name of Secretary: Name of Treasurer: Is this business a partnership? ❑ No ❑ Yes. If yes, please complete the following: Date of organization: State founded: Type of partnership, if applicable: Name(s) of general partner(s): Is this organization individually owned? ❑ No ❑ Yes. If yes, please complete the following: Date of organization: State founded: Name of owner: This organization is a form other than those identified above. ❑ No ❑ Yes. IF THEANSWER IS YES, describe the company's format,year and state of origin, and names and titles of the principals. COMPANY HEADQUARTER LOCATION Company Address: City: State: Zip: Main Phone Number: How long at this address? COMPANY BRANCH LOCATIONS Branch Address: City: State: Zip: Branch Address: City: State: Zip: Branch Address: City: State: Zip: Branch Address: City: State: Zip: If more branch locations, insert information here or add another sheet with above information. SALES HISTORY Provide your company's annual sales for 2018, 2019 and 2020 in the United States by the various public segments: 2018 2019 2020 K-12 (public & private), Educational Service $ $ $ Agencies Higher Education Institutions $ $ $ Counties, Cities,Townships,Villages $ $ $ States $ $ $ Other Public Sector& Non-profits $ $ $ Private Sector $ $ $ TOTAL $ $ $ WORK FORCE 1. Key Contacts and Providers: Provide a list of the individuals, titles, and contact information for the individuals who will provide the following services: Function Name Title Phone Email Contract Manager Sales Manager Customer& Support Manager Distributors, Dealers, Installers, Sales Reps Consultants& Trainers Technical, Maintenance& Support Services Quotes, Invoicing& Payments Warranty&After the Sale Function Name Title Phone Email Financial Manager 2. Sales Force: Provide total number and location of salespersons employed by your company in the states of Washington, Oregon, Idaho, Montana and Alaska by completing the following: (To insert more rows,hit the tab key from the last field in the State column.) Number of Sales Reps City State 3. Service/Support and Distribution Centers: Provide the type (service/support or distribution) and location of centers that support the states of Washington, Oregon, Idaho, Montana and Alaska completing the following: (To insert more rows, hit the tab key from the last field in the State column.) Center Type City State 4. In-House Resources: Describe the business's current in-house workforce, equipment and facilities available to perform under this solicitation. 5. Sales Training: Explain how your company will educate your sales staff on the KCDA contract including timing, methods, etc. ENVIRONMENTAL INITIATIVES 1. Describe how your products and/or services support environmental goals. 2. Describe the company's "green" objectives (i.e. LEED, reducing footprint, etc.). COOPERATIVE CONTRACTS 1. Does your company currently have contracts with other cooperatives(local,regional,state, national)? YES NO If YES, identify which cooperatives and the respective expiration date(s). If YES and your company is awarded a KCDA Contract,which contract will you lead with in marketing and sales representative presentations (sales calls)? INDEPENDENT SUBCONTRACTORS, DISTRIBUTORS, INSTALLERS, ETC. If the Bidder is not the sole manufacturer/provider of all goods and services provided under this contract, the following must be answered: 1. Selection Criteria for Independent Providers: Describe the criteria and process by which the business selects, certifies and approves subcontractors, distributors, installers and other independent services. 2. Current Subcontractors, Distributors, Installers, Etc.: Provide a list of current subcontractors, distributors, installers and other independent service providers who are contracted to perform the type of work outlined in this bid in the in the states of Washington, Oregon, Idaho, Montana and Alaska. Include, if applicable, contractor license information and the state(s)wherein they are eligible to provide services on behalf of this business. DISCLOSURES 1. Letter of Line of Credit or Annual Financial Report(REQUIRED): Attach a letter from the business's chief financial institution indicating the current line of credit available in its name and evidence of financial stability for the past three calendar years (2018, 2019 and 2020). This letter should state the line of credit as a range (ie., "credit in the low six figures" or"a credit line exceeding five figures"). If company is a publicly traded company a complete Annual Financial Report is required in place of Line of Credit Letter. 2. Legal: Does this business have actions currently filed against it? ❑ No ❑ Yes. IF YES,ANATTACHMENT IS REQUIRED: List and explain current actions such as Federal Debarment (on US General Services Administration's "Excluded Parties List"), appearance on any state or federal delinquent taxpayer list,or claims filed against the retainage and/or payment bond for projects. REFERENCES Provide contact information of your company's five largest public agency customers: Agency Name Title Phone Number Email 1. 2. 3. 4. S. Signature Must be the same signature that appears on the bid response forms KCDAPURCHASING COOPERATIVE 18639-80TH Ave S.• P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115• Fax 253-395-5402• www.kcda.org Uniform •ance "EDGAR" Certification Form 0• When a purchasing agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to,the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200, referred to as the "Uniform Guidance" or new "EDGAR". All Respondents submitting proposals must complete this EDGAR Certification form regarding the Respondent's willingness and ability to comply with certain requirements, which may apply to specific agency purchases using federal grant funds. For each of the items below, the Respondent will certify its agreement and ability to comply, where applicable, by having the Respondent's authorized representative check, initial the applicable boxes, and sign the acknowledgment at the end of this form. If a Respondent fails to complete any item of this form, KCDA will consider and may list the response, as the Respondents are unable to comply. A "No" response to any of the items below may influence the ability of a purchasing agency to purchase from the Respondent using federal funds. Violation of Contract Terms and Conditions Provisions regarding Respondent default are included in KCDA's terms and conditions. Any contract award will be subject to such terms and conditions, as well as any additional terms and conditions in any purchase order, ancillary agency contract, or construction contract agreed upon by the Respondent and the purchasing agency,which must be consistent with and protect the purchasing agency at least to the same extent as KCDA's terms and conditions. The remedies under the contract are in addition to any other remedies that may be available under law or in equity. Termination for Cause of Convenience For a participating agency purchase or contract in excess of$10,000 made using federal funds,you agree that the following term and condition shall apply: The participating agency may terminate or cancel any purchase order under this contract at any time, with or without cause, by providing seven (7) business days in advance written notice to the Respondent. If this agreement is terminated in accordance with this paragraph,the participating agency shall only be required to pay Respondent for goods and services delivered to the participating agency prior to the termination and not otherwise returned in accordance with the Respondent's return policy. If the participating agency has paid the Respondent for goods and services provided as the date of termination, Respondent shall immediately refund such payment(s). If an alternate provision for termination of a participating agency's purchase for cause and convenience, including how it will be affected and the basis for settlement, is in the participating agency's purchase order, ancillary agreement or construction contract agreed to by the Respondent, the participating agency's provision shall control. 1 Equal • • Opportunity Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contract that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Respondent agrees that such provision applies to any participating agency purchase or contract that meets the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and Respondent agrees that it shall comply with such provision. Davis When required by Federal program legislation, Respondent agrees that,for all participating agency contracts for the construction, alteration, or repair(including painting and decorating) of public buildings or public works, in excess of$2,000, Respondent shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Respondent is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specific in a wage determinate made by the Secretary of Labor. Also, Respondent shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Respondent agrees that,for any purchase to which this requirement applies, the award of the purchase to the Respondent is conditioned upon Respondent's acceptance of wage determination. Respondent further agrees that it shall also comply with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each construction completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled under his contract of employment, shall be defined under this titled or imprisoned not more than five (5)years, or both. Contract Work Hours and Safety Standards Act Where applicable,for all participating agency purchases in excess of$100,000 that involve the employment of mechanics or laborers, Respondent agrees to comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, Respondent is required to compute the wages of every mechanic and laborer based on a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of the 40 U.S.C. 3704 applies to construction work and provides that no laborer or mechanic must be required to work in surroundings or under working conditions that are unsanitary, hazardous,or dangerous. These 2 requirements do not apply to the purchase of supplies, materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Right to Inventions Made Under a Contract or Agreement If the participating agency's federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experiments, developmental or research work under the "funding agreement,"the recipient or sub- recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Clean Air Act and Federal Water Pollution Control Act Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended, contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). When required, Respondent agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Debarment • Suspension Debarment and Suspension (Executive Orders 12549 and 12689), a contract award (see 2 CFR 180.222) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Respondent certifies that the Respondent is not currently listed and further agrees to immediately notify KCDA and all participating agencies with pending purchases or seeking to purchase from the Respondent if Respondent is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under state statutory or regulatory authority other than Executive Order 12549. Anti-LobbyingByrd Byrd Anti-Lobbying Amendment(31 U.S.C. 1352), Respondents that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 3 Procurement of Recovered Materials For participating agency purchases utilizing Federal funds, Respondent agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Profit as a Separate Element of Price For purchases using federal funds in excess of$150,000, a participating agency may be required to negotiate profit as a separate element of the price. See 2 CFRR 200.323(b). When required by a participating agency, Respondent agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Respondent agrees that the total price, including profit, charged by the Respondent to the participating agency shall not exceed the awarded pricing, including any applicable discount, under the Respondent's contract with KCDA. General Compliance with Participating Agencies In addition to the foregoing specific requirements, Respondent agrees, in accepting any purchase order from a participating agency, it shall make a good faith effort to work with a participating agency to provide such information and to satisfy requirements as may apply to a particular purchase or purchases including, but not limited to, applicable record keeping and record retention requirements as noted in the Federal Acquisition Regulation, FAR 4.703(a). 4 below,By initialing the table(1-12) and signing . complete and accurate and that I am authorized by my business to make this certification and all consents and agreements contained herein. Respondent Respondent YES, I agree or • I .• NOT 1. Violation of Contract Terms and Conditions 2. Termination for Cause of Convenience 3. Equal Employment Opportunity 4. Davis-Bacon Act S. Contract Work Hours and Safety Standards Act 6. Right to Inventions Made Under a Contract or Agreement 7. Clean Air Act and Federal Water Pollution Control Act 8. Debarment and Suspension 9. Byrd Anti-Lobbying Amendment 10. Procurement of Recovered Materials 11. Profit as a Separate Element of Price 12. General Compliance with Participating Agencies Name of Business Signature of Authorized Representative Printed Name Date 5 KCDAPURCHA SING COOPERA T/VE 18639-80TH Ave S. •P.O.Box 5550• Kent,WA 98064-5550 •Phone 425-251-8115•Fax 253-395-5402 • www.kcda.org April 22, 2022 Northwest Playground Equipment, Inc Attn: Bob McGarvey 345 NW Dogwood Street Issaquah, WA 98027 bob@nwplayground.com The KCDA Board of Directors, at their April 21, 2022 meeting, awarded the following to Northwest Playground Equipment, Inc based upon the response to KCDA Bid#22-315, Playground Equipment, Surfacing, & Site Amenities. Playworld, Berliner (MT, AK), Superior Playgrounds, Bison, Cre8Play, Dumor, Dynamo, Earthscape, Exofit, Free notes/Harmony Park, HAGS, ID Sculpture, Kay Park, MyTCoat, Poligon, Scoremaster, Shade Systems, USA Shade, Wabash Valley, Water Odyssey, Whole Tree, Yalp, Flex Ground, Forever Lawn, No Fault, Robertson/Tot Turf, Shawgrass, Sof Fall, Sof Surfaces, Zeager KCDA also awards Northwest Playground Equipment, Inc the installation and site work services included in this solicitation. Manufacturer catalog discounts have been awarded as listed in Attachment B. Freight charges will be FOB shipping point on all deliveries. Please note the bid submitted by Northwest Playground Equipment, Inc, the award by the KCDA Board of Directors, and the signed award letter, forms a contract based upon the terms and conditions set forth in KCDA Bid#22-315, Playground Equipment, Surfacing, & Site Amenities. This contract is in effect starting May 1, 2022 through April 30, 2023 with options to renew for three one-year periods at the mutual discretion of KCDA and Northwest Playground Equipment, Inc. Please acknowledge receipt of this contract by signing below and returning to: Karri Wyman at kwyman@kcda.org Company Name _/U o r-- cr•�s P[ 4� r-o , i A Signature Name (printed) 811=-�D Title P�e 5 CQ Date � l a S Phone Y s - 3 l -3- `T t 6 1 Email 1 i IMP, „PURCHASING COOPERA TI VE 18639-BOTH Ave S. +P.O.Box 5550+Keni,WA 98064.5550+Phone 425-261-8115+Fax 253-395.5402 +wwwAcdaorg April 18, 2023 BOARD OF Northwest Playground Equipment, Inc. DIRECTORS Attn: Bob McGarvey 345 NW Dogwood Street Division 1 Issaquah, WA 98027 TIM bob@nwplayground.com nwplayground.com CLARK Kent School District 415 The KCDA Board of Directors,at their April 17,2023 meeting,approved extension 41 of KCDA contract #22-315 Playground Equipment, Surfacing &Site Amenities. Terms and Division I conditions will remain as originallyawarded. Pricing in effect at the time of renewal will carry � STEFANlE g Y MCIRVIN over into the contract extension. Renton School District 403 This contract extension will begin on May 1,2023 and run through April 30,2024. LORIon 3 Please acknowledge receipt of this contract extension b signing below and returning to LORI g p Y g g g METSCHAN Karri Wyman, kwyinan@kcda.org. Enumclaw School District 2% Division 4 Company Name Not iwest Playground Equipment, Inc. VACANT n Division 5 Signature , L RAM DUTT VEDULLAPALLI Snoquaimle Valley Name(printed) Chris McGarvey School District 410 Title President Date April 2151, 2023 Phone 425.681.5848 Email chrisir nwp lay ground.corn King County Directors' Association A Public Procurement Agency Signature: Signature: jjl� %- TerryJun a (Mar 11,202412:15 PDT) Ronald lash ley jr(Mar 12,20 408:23 PDT) Email: tjungman@kentwa.gov Email: parkscontracts@kentwa.gov Signature: H,-ia I I-Qye IhgazI n Brian Levenhagen(Mar 12,2024 :56 PDT) Email: bjlevenhagen@kentwa.gov PPD-KC DA-Playg rou nd Eq u i pment-022824-REV ISED QUOTE Final Audit Report 2024-03-12 Created: 2024-03-11 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAmZOKYEiGNoKZTx3MeTBwK SMaiXhMmc2 "PPD-KCDA-Playg round Equipment-022824-REVISED QUOTE" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2024-03-11 -5:56:04 PM GMT-IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov)for signature 2024-03-11 -5:58:10 PM GMT RL Email viewed by Terry Jungman (tjungman@kentwa.gov) 2024-03-11 -7:14:29 PM GMT-IP address: 104.47.64.254 7a Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date:2024-03-11 -7:15:09 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to parkscontracts@kentwa.gov for signature 2024-03-11 -7:15:14 PM GMT Email viewed by parkscontracts@kentwa.gov 2024-03-12-2:58:43 PM GMT-IP address: 104.47.65.254 Signer parkscontracts@kentwa.gov entered name at signing as Ronald lashley Jr 2024-03-12-3:23:26 PM GMT-IP address: 146.129.252.126 Document e-signed by Ronald lashley Jr(parkscontracts@kentwa.gov) Signature Date:2024-03-12-3:23:28 PM GMT-Time Source:server-IP address: 146.129.252.126 P4 Document emailed to bjlevenhagen@kentwa.gov for signature 2024-03-12-3:23:32 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-03-12-3:56:16 PM GMT-IP address: 104.47.64.254 Powered by r � Adobe T Acrobat Sign c} Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-03-12-3:56:36 PM GMT-IP address: 146.129.252.126 Ea Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-03-12-3:56:38 PM GMT-Time Source:server-IP address: 146.129.252.126 Agreement completed. 2024-03-12-3:56:38 PM GMT Powered by r � Adobe � � T Acrobat Sign