Loading...
HomeMy WebLinkAboutRFP - 7017 OUTDOOR TEACHING KITCHENCity of Financial Services r • Purchasing Division 215 N. Mason St. 2nd Floor F6rt Collins PO Box 580 Fort Collins, CO 80522 �rchs 970.221.6775 P U i n cgi 970.221.6707 fcgov. com/purchasing REQUEST FOR PROPOSAL 7017 Outdoor Teaching Kitchen The City of Fort Collins is requesting proposals for the design and construction of the outdoor teaching kitchen and pergola for Gardens on Spring Creek located at 2145 Centre Ave, Fort Collins. The kitchen is to be a non -retail food kitchen as detailed by Larimer County Environmental Health department. The selected company must obtain all appropriate permits. The City will provide utilities including water, electricity, waste water and natural gas and a 20' x 40' concrete pad that may be stamped, colored, and/or stained for the kitchen. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), March 4, 2009. Proposal No. 7017 Outdoor Teaching Kitchen. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A pre -proposal meeting will be held Wednesday, February 18 at 10:00 a.m. at the site located at 2145 Centre Ave, Ft Collins, CO. Questions concerning the scope of the project should be directed to Project Manager, Michelle Provaznik (970) 221-6881. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, rev 01 /08 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. .10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10 SA rev07/08 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not. specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this ,Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be 11 SA rev07/08 liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 12 SA rev07/08 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress; as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days 13 SA rev07/08 the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. 14 SA rev07/08 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: CORPORATE SECRETARY (Corporate Seal) SA rev07/08 15 EXHIBIT " " INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. LC EXHIBIT A Garden of Eatin' Site Plan Utilities will be run to pad. �r ,fE 4APoels eFrx6 .CIIDVLST� G(AYDNlXfAL LLS �NPfLI ,�v66T � . � FUfUPEA[GEhS FL16L6 GI.O.EPS F AlLiSS •'� `.. PaAp � rt OUTDOOR KITCHEN AREA SIlVL01.f.P1 DEMON6TPATW- ® �TW�7 �. GOMCOST A A' .� ♦ 3EE NOTL b� �'Y'I� �� 4PAPPs MAIN EUILDIM4 D NgrPa ON MNTAINEEG/P 3 f — DFIVE�tAY_� LANDSCAPE PLAN FORLEGEND� —014 S.mM1 Nca�iny Imc�m:ii�'c CiP.nsSc ♦ .\—iuk Card:" Dcda ®� "` "`"`""``T'h'`° THE GARDENS ON SPRING CREEK M 2145 SOUTH CENTRE AVENUE FORT COLLINS, CO 80526 17 No Text gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management where renewal is a way of life PROPOSAL NO. 7017 OUTDOOR TEACHING KITCHEN at the GARDEN OF EATIN' Section 1.0 Proposal Requirements 1.1 General Description The City of Fort Collins is requesting proposals from firms to design and build an outdoor teaching kitchen covered by a pergola structure. 1.2 Qualifications of Bidder A. Qualified bidder must be doing business under the present business name for the past three consecutive years. B. Qualified bidder will supply with bid, 3 references specific to outside kitchen design and construction. Projects should be in the $75,000 - $150,000 range. References must include contact name, date when work was completed, contract amount and type of work. C. Qualified bidder must be able to meet all applicable health codes (for a non -retail food kitchen), building codes, and obtain any necessary permits. D. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in the required time. E. The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the Owner all such information and data as is reasonably required for this purpose. The Owner reserves the right to disqualify any proposal if the evidence resulting from the Owners investigation shows, in the opinion of the Owner, that the bidder is not properly qualified to prosecute the work described herein. F. Failure to meet the agreed upon milestones, mobilize to an area within 10 days, or fully complete the work specified date in the Work Order shall result in damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $200.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. 1.3 Proposal Submittal The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit four (4) copies of the proposal with the following information: a. Company history and experience doing outdoor kitchen design, structure/hardscape design and installation. 2/9/00 b. The name of the company representative responsible for coordinating work. C. Qualifications of staff specializing in kitchen design and construction. d. References from three or more organizations or clients that have contracted with you in the last two years for similar services e. A written description, specifications and'warranties of the proposed products and services as required below. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title for the individual signing the proposal. Section 2.0 Background: The Gardens on Spring Creek, our community botanic garden owned and maintained by The City of Ft. Collins, is building its next garden -- the Garden of Eatin'. A major element of this garden is an outdoor teaching kitchen that will serve many functions: a kitchen classroom for both food preparation and food preservation classes; a staging area for caterers for special events; and a rental venue for private events or fundraisers. Most of the money designated for construction of the Garden of Eatin' has been raised privately by the Friends of the Gardens on Spring Creek, our non-profit partner. Money has been donated by individuals, local businesses and foundations. Section 3.0 Scope of Work: We are requesting proposals for the design and construction of the outdoor teaching kitchen and pergola. The kitchen is to be a non -retail food kitchen as detailed by Larimer County Environmental Health department. The selected company must obtain all appropriate permits. The City will provide utilities including water, electricity, waste water and natural gas and a 20' x 40' concrete pad that may be stamped, colored, and/or stained for the kitchen. Required design elements include the following: Structure: • Pergola built with weather -resistant wood and sealed/stained for protection and aesthetics • Columns: Lower portion of column to be faced in stone or manufactured stone veneer to match the main building. • Commercial outdoor speakers • Exterior rated lighting on the pergola: ambient and task • Extra outlets on the columns • Low Voltage landscape lighting for turf area Kitchen: Large islands to be faced with same stone as columns Countertops to be solid -surface, weather and stain resistant, minimal maintenance Extra electric outlets placed within the kitchen to meet code 2/9/00 • Kitchen components must be stainless steel, must be able to lock and must be outdoor rated. The only approved appliance's that may be used are the following and there will be no approved equal: Component Manufacturer — Calise Manufacturer -- Lynx Grill OK4000 48" L42R-1 NG 42" Dual Side Burner OK1000 LSB2-1 NG Single Side Burner (high temp (OK100HT) Lynx Refrigerator OKLFS Lynx 24" Sink OKLS CS30-1 Ice Chest OKICE CS30-1 Trash receptacles OKLTD L18TC Cabinet/drawer space OKSSD, OK48D, or OK31d, etc. LUDE, LDR21 R-1, or LDR42- 1 Stereos stem OKDVD To be determined Timeline: Design and construction will be done in two phases. First phase is design of structure and the kitchen, and construction of the structure. Second phase is construction of the kitchen. Money has been raised for phase one and we are actively raising the money for phase two. Construction of Phase 1 must be complete by June 30, 2009. Section 4.0: Pricing Please submit total cost and per hour pricing on the following: • Design • Construction — include line item cost for the pergola. • Kitchen — include pricing for each appliance. • Total cost for project. Total budget for this project is $68,000. 2/9/00 Section 5.0: Evaluation Purchasing will redo this and include the Professional Service Agreement. 5.1 Evaluation and Assessment of Proposal REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 2/9/00 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Section 6.0: Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. The City reserves the right to not conduct oral interviews and award on written proposals only. SA rev07/08 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( )days following execution of this Agreement. Services shall be completed no later than Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 8 SA rev07/08 4. Contract Period. [Option 2] This Agreement shall commence , 200_, and shall continue in full force and effect until , 200_, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed _ (_) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service. Provider: City of Fort Collins City of Fort Collins Attn: Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service 9 SA rev07/08