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HomeMy WebLinkAboutRFP - 7216 COMMUNITY GARDEN AT THE FARMCity 0� Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor F6rt Collins PO Box 580 Fort Collins, CO 80522 970.221.6775 Purchasinry g 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 7216 Community Garden at The Farm The City of Fort Collins Recreation Department is soliciting proposals from community groups interested in planning and operating a working Community Garden at The Farm at Lee Martinez Park (The Farm) in exchange for their upkeep of the rest of the garden plot for Farm visitors. Written proposals, four (4) 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), April 1, 2011. Proposal No. 7216. 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. Questions concerning the scope of the project should be directed to Project Manager Bridget Brownell at (970) 221-6665 or bbrownell(cDfcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, C.P.M., Buyer at (970)416-2247. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocurement 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, 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 RPF 7216 — Community Garden at The Farm Page 1 of 14 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. 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 Emplovincl 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. RPF 7216 — Community Garden at The Farm Page 10 of 14 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 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. RPF 7216 — Community Garden at The Farm Page 11 of 14 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. RPF 7216 — Community Garden at The Farm Page 12 of 14 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: zo PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Sea]) CORPORATE SECRETARY RPF 7216 — Community Garden at The Farm Page 13 of 14 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. RPF 7216 — Community Garden at The Farm Page 14 of 14 7216 Community Garden at The Farm The City of Fort Collins Recreation Department is soliciting proposals from community groups interested in planning and operating a working Community Garden at The Farm at Lee Martinez Park (The Farm) in exchange for their upkeep of the rest of the garden plot for Farm visitors. The selected group will keep what they need of their resulting crop for their purposes and sell their surplus in The Farm store, with the proceeds from the sales being split 50-50 between the group and the City. These sales will help both groups offset the cost of operating the garden. Guidelines have been established for the season to make the garden area a workable space for your needs without compromising goals, policies and procedures of The Farm. In order to develop a working relationship with your group, the following guidelines and responsibilities must be adhered to. The Farm will provide: • The land • Water - any watering restrictions mandated by the City of Fort Collins will be adhered to. We also reserve the right to limit water usage. • Hoses • Access for maintenance and watering to the garden space with Farm staff presence Sunday — Saturday between 8:15 a.m. and 4:45 p.m. • An area for composting your garden produced material • An orientation to your core group of volunteers before they begin the season. • Background checks for each volunteer. Your group will provide and be responsible for the following guidelines and procedures: • A written plan of what the garden will include; this needs to be turned in and approved prior to planting. • The gardening group will maintain an area for public display and Farm use. One of the requirements of that area is that it include a bean pole tepee. • Provide a list of 6 — 8 core group members including their phone numbers and email. This list will be the contact list for The Farm staff and should designate lead individuals. We would like to keep the core group small as we pilot this project. • An end of the season report that will include the number of people and number of hours worked by each person each day. Farm staff will assist in creating a log book that will meet our needs. • Your own gardening tools, seeds and plants, etc. • Regular maintenance of the area. Expectations are that the gardening group will commit to maintaining the garden through the harvest season, and do end of season clean up. • If weeds are not eradicated in a timely manner, the agreement between the gardening group and The Farm will be nullified. • Children up to age 12 accompanying gardeners must be visible by the parent/guardian, and within 10 yards. RPF 7216 — Community Garden at The Farm Page 2 of 14 • Any use of motorized equipment must be scheduled through Bridget Brownell so as to not conflict with pony use. • The Farm has many visitors. Many of them are children so tools cannot be left unattended even momentarily. • A Barnyard Buddy pass needs to be purchased at the start of the gardening season and will allow up to 8 people admission onto The Farm grounds. The intention of this pass is strictly for the garden area. • For the safety of animals and participants, if you open a gate, close it behind you! • Language needs to be suitable for a family setting. No profanity will be tolerated. • The Garden Group is not allowed in any of the animal pens and must refrain from feeding the animals anything, except designated oats sold in The Farm Store. • Dogs are not allowed on any Farm property. • Smoking is prohibited on all Farm property, inside and outside. We will meet after the fall cleanup to evaluate the process. Discussion will include whether or not to continue the partnership and any modifications to the guidelines for the following year. The Farm staff will do what is reasonable to keep farm animals out of the garden area; however, we cannot guarantee that this will not happen. We reserve the right to spray for noxious weeds prior to planting. TERM: The City is looking to award an operating agreement for one year, with the option to renew for up to four additional one-year terms (five years maximum). PROPOSALS TO INCLUDE THE FOLLOWING: 1) Name(s), addresses, phone numbers, and email addresses of principal(s) to be involved in the management of the proposed Community Garden operation. 2) Summary of past community gardening experience, including three references to support past experience. Addresses and phone numbers for references must be included. 3) General outline of proposed plans for the Community Garden; to include a sample of your written plan for the Garden. 4) A sample of your end of the season report. Proposals will be reviewed and ranked by a committee. Selected finalists may at the option of the committee be invited to make a presentation before the committee. RPF 7216 — Community Garden at The Farm Page 3 of 14 RATING CRITERIA POINTS (1 TO 5) 1. What are the group's qualifications to perform the service. Experience of individuals in the group relevant to the task. 2. Group's understanding and approach to the project, and understanding of the educational mission of The Farm. REFERENCES: Will be rated on the top ranked firm as satisfactory or unsatisfactory. NOTE: Group proposals should answer each of the above questions in sufficient detail. VENDOR STATEMENT: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM N ADDRESS: EMAIL ADDRESS: PHONE: BIDDER'S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: 111=111=1016I 4 EMAIL: CELL: 1:7_N1:11131 COMPENSATION AND CONTRACT PROCESS FAX: EMERGENCY: The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. 2. The selected Contractor shall be expected to sign the City's Standard Services Agreement prior to commencing Services (see sample attached to this Proposal). RPF 7216 — Community Garden at The Farm Page 4 of 14 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 ( ) pages, 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 RPF 7216 — Community Garden at The Farm Page 5 of 14 provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 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: RPF 7216 — Community Garden at The Farm Page 6 of 14 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 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 RPF 7216 — Community Garden at The Farm Page 7 of 14 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. 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. RPF 7216 — Community Garden at The Farm Page 8 of 14 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 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 RPF 7216 — Community Garden at The Farm Page 9 of 14