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HomeMy WebLinkAboutBID - 8080 EWF & DRAINAGE FOR PLAYGROUNDSBID 8080 EWF & Drainage for Playgrounds Page 1 of 29 INVITATION TO BID 8080 EWF & DRAINAGE FOR PLAYGROUNDS BID OPENING: 3:00 P.M. (our clock), MARCH 20, 2015 The City of Fort Collins is requesting bids from qualified firms for providers to upgrade playgrounds which may include but not limited to, sand removal, EWF installation including drainage system and placing fabric. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note that additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), March 20, 2015. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit bids in response to all invitations. No individual or businesses will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Jill Wuertz, Parks Project Manager, at (970) 416-2062 or jwuertz@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. All questions must be submitted in writing via email to Jill Wuertz , with a copy to John Stephen, no later than 5:00 PM our clock on March 12, 2015. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at www.rockymountainbidsystem.com. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for bid opening. Once bids have been accepted by the City and bid opening has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a minimum period of forty-five (45) days after bid openings. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 8080 EWF & Drainage for Playgrounds Page 2 of 29 Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications and agreement template initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids received by the Purchasing Office prior to the bid opening date and time will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default of any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results will be posted online at www.rockymountainbidsystem.com. Gerry S. Paul Director of Purchasing and Risk Management BID 8080 EWF & Drainage for Playgrounds Page 3 of 29 8080 EWF & DRAINAGE FOR PLAYGROUNDS The City of Fort Collins is requesting bids from qualified service providers to upgrade playgrounds which may include but not limited to, sand removal, EWF installation including drainage system and placing fabric. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $75,000 will be issued. The City reserves the right to supply any or all materials. Awarded contractor must enter into the attached service agreement and provide the required insurance (Exhibit B). This agreement is effective for one year from the date on the service agreement. At the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 1. Service Provider to: A. Provide services as described above, as set out in specific work orders. B. Carry insurance levels as required in the attached Services Agreement. C. Clean-up each job site at the end of each day and at work completion. D. Maintain a local phone number, and must be able to be reached by telephone during prescribed business hours. 2. Qualifications of Service Provider: A. Qualified service provider must have minimum of five years as a contractor completing this type of work. B. Qualified service provider will supply with bid, 3 references specific to playground work. Service provider to supply other references upon request. References must be within the last 5 years and include contact name, date when work was completed and type of work. C. Qualified service provider shall have sufficient manpower and equipment to accomplish said work in the required time. D. The City may make such investigation as it deems necessary to determine the ability of the service provider to perform the work and the service provider shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City’s investigation shows, in the opinion of the City, that the service provider is not properly qualified to prosecute the work described herein. E. 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. BID 8080 EWF & Drainage for Playgrounds Page 4 of 29 3. Work Order Procedure: A. All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule section. B. Contractor will invoice for all jobs completed on a unit price basis with the prices established in the Bid Schedule section, including appropriate mark up on materials, if any. Material invoices must be included with the billing invoices. C. Work order number must be included on the billing invoices. BID 8080 EWF & Drainage for Playgrounds Page 5 of 29 BID SCHEDULE 8080 EWF & DRAINAGE FOR PLAYGROUNDS The City of Fort Collins will award to a service provider with the total of lowest hourly rates (Base Bid Total). Maximum material mark-up City will pay: 1) < $500.00 + 10% Bidder’s mark-up ___________% 2) > $500.00 + 8% Bidder’s mark-up ____________% FIRM NAME NAME SIGNATURE ADDRESS PHONE EMAIL F1 PLAYGROUND SAND REMOVAL $ SF F2 EWF INSTALLATION (including drainage system) $ CY F3 GEOTEXTILE FABRIC $ SF F4 LANDSCAPE SUPERVISOR $ HOUR F5 LABOR FOR LANDSCAPE OPERATIONS $ HOUR BASE BID TOTAL $ BID 8080 EWF & Drainage for Playgrounds Page 6 of 29 SCOPE OF WORK The City of Fort Collins Parks Department is seeking service provider services for playground work as listed below. Installation must comply with attached specifications. Once a project has started, a playground can only be closed for a maximum of 5 working days. The following are parks that may need to have work completed by November 15, 2015. The City reserves the right to change work as needed. BLEVINS Remove sand and replace with EWF (including drainage system and fabric) ROGERS Remove sand and replace with EWF (including drainage system and fabric) LIBRARY No demo; Install EWF (including drainage system and fabric) RABBITBRUSH No demo; Install EWF (including drainage system and fabric) MIRAMONT Remove sand and replace with EWF (including drainage system and fabric) SAND REMOVAL AT BLEVINS EWF INSTALLATION AT BLEVINS (including drainage system and fabric) SAND REMOVAL AT ROGERS EWF INSTALLATION AT ROGERS (including drainage system and fabric) EWF INSTALLATION AT LIBRARY (including drainage system and fabric) EWF INSTALLATION AT RABBITBRUSH (including drainage system and fabric) SAND REMOVAL AT MIRAMONT EWF INSTALLATION AT MIRAMONT (including drainage system and fabric) BID 8080 EWF & Drainage for Playgrounds Page 7 of 29 SPECIFICATIONS SECTION 02050 DEMOLITION PART 1 - GENERAL 1.1 SUMMARY: A. Work Includes: Demolition and removal of existing playground surfacing. The work also includes incidental filling and grading, and disposal of unsalvageable materials. B. Related Work: 1. Tree Protection and Retention - Section 02150 1.2 PROJECT CONDITIONS: A. Ensure safety of persons in demolition area. Provide temporary barricades as necessary. PART 3 - EXECUTION 3.1 PREPARATION: A. Request utility locates seventy-two (72) hours in advance of any excavations by calling the Utility Notification Center of Colorado at 811. Take whatever precautions are necessary, including pot holing to verify location and depth to protect these underground lines from damage. If damage does occur, all damage shall be repaired by the Utility Owner. All costs of such repairs shall be paid by the Contractor. B. Prior to commencement of work, contractor shall schedule on-site conference with Parks Project Manager to discuss tree protection requirements, traffic control and equipment access. Provide a minimum of seven (7) days’ notice prior to date of conference. C. Protect structures, pavement, trails, utilities, and vegetation to remain. D. Set up all barriers, including those for tree protection prior to proceeding with any demolition. E. Set up temporary fencing on perimeter of playground to protect all persons from the work site. Restore fencing as needed. 3.2 DEMOLITION: A. Playground Surfacing 1. Remove existing playground surfacing as directed down to compacted subgrade, or a minimum of 14” below finish grade. Caution should be taken to protect any existing drainage infrastructure in playground pit. Sand shall be hauled and disposed off-site at the Fort Collins Crushing Facility. All recyclable materials shall be hauled to nearest recycling center. 2. Remove any existing roots, stones, and vegetation. 3.3 RESTORATION: BID 8080 EWF & Drainage for Playgrounds Page 8 of 29 A. Grading: 1. Restored Areas: Grade surface to blend with original contours and provide free drainage flow. All ruts and depressions where any amount of standing water collets shall be re-graded to a smooth natural appearance to ensure positive drainage. 3.4 DISPOSAL: A. Remove trash, debris and waste materials, haul and legally dispose of it off the property. All recyclable materials shall be hauled to nearest recycling center. B. Salvaged Material: All salvaged material remains the property of the City. Store or deliver as directed by the Parks Project Manager. 3.5 Hidden Conditions A. A hidden condition is any feature that could not be discovered or reasonably inferred from a careful inspection of the site prior to demolition. B. Promptly report hidden conditions to the Owner’s Representative. C. Hidden conditions may cause damage to features that are to remain in a finished work if demolition operations continue. Stop demolition operations affected by hidden conditions until a determination is made by the Engineer. D. Hidden conditions may cause a change in contract time or price. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASURMENT A. Measurement for removal will be the total number of square feet of surfacing material that is removed, regardless of depth. 4.2 PAYMENT B. The unit price bid for this item shall include all of the Contractor’s costs including labor, materials and incidental work and equipment necessary to complete the work. The price shall include the removal and offsite disposal of all materials including all materials and any base course deemed unsuitable by the Parks Project Manager. Disposal tickets shall be provided to the Contractor by the Parks Project Manager. No payment will be made for the removal and/or replacement of any paving, curb and butter or pipe sections damaged by the Contractor beyond the authorized limits of removal. END OF SECTION 02050 BID 8080 EWF & Drainage for Playgrounds Page 9 of 29 SECTION 02150 TREE PROTECTION PART 1: GENERAL 1.1 RELATED DOCUMENTS: The General Contract Conditions, Drawings, and Division - 1 Specification sections apply to Work of this section. 1.2 SUMMARY: The work of this section consists of retention and protection of trees during the construction of the project. 1.3 GENERAL REQUIREMENTS: A. If it appears that the completion of the construction may cause damage to the branches of any tree, the Contractor shall contact the City Forester’s Office. The Forester will make a determination as to whether such damage is eminent. B. To prevent or minimize soil compaction, designated routes for equipment and foot traffic by work crews shall be determined prior to commencing construction activities. These routes shall be marked at the site, prior to commencement of construction, with tree protection fencing. C. Motorized equipment and trailers, including tractors, bobcats, bulldozers, trackhoes, trucks, cars, and carts shall not be allowed access within tree protection areas. Should access be necessary within designated tree protection areas, the existing grade shall be covered with six (6) to eight (8) inches of wood mulch to help distribute the weight of equipment and to minimize soil compaction and rutting. Plywood and/or mulch is not acceptable bridging material for driving over exposed tree roots. Exposed tree roots shall not be driven over. The City Forester or Project Consulting Arborist shall be notified and shall approve of the access and driving surface prior to its use. D. Materials and supplies shall not be stockpiled or stored within the tree protection area. Should temporary storage be necessary within designated tree protection areas, the existing grade shall be covered with double, overlapping sheets of ¾ inch thick plywood, or six (6) to eight (8) inches of wood mulch to help distribute the weight of materials or supplies and to minimize soil compaction. E. Under no circumstances shall any objects or materials be leaned against or supported by a tree's trunk, branches, or exposed roots. The attachment or installation to trees of any sign, cable, wire, nail, swing, or any other material that is not needed to help support the natural structure of the tree is prohibited. Standard arboricultural techniques such as BID 8080 EWF & Drainage for Playgrounds Page 10 of 29 bracing or cabling that are performed by professional arborists are acceptable upon approval by the City Forester or Project Consulting Arborist. 1.4 DEFINITIONS: A. TREE PROTECTION AREA: Generally, a tree protection area should consist of the ground encompassing from 1.5 (minimum) to 2.0 times the distance between the trunk and dripline, or one linear foot away from the trunk base for every inch diameter of the trunk, whichever is greater. (See section below). Areas of ground covered by pavement, buildings, or other permanent structures where the presence of roots is minimal or negligible, are excluded. The area under or within the tree's dripline is also referred to as the "Critical Root Zone" (see below). 1. With groups of trees or where an array effect is present, there may be discontinuous (non-overlapping) perimeters of tree protection areas, which result in difficult to maintain or ineffective tree protection fencing. In these cases, even though tree protection areas do not overlap, they should be treated as though they do if the distance between the perimeters of such areas is less than thirty (30) feet. In effect, this will artificially enlarge the area of tree protection, but will result in a more clearly defined, manageable area. B. DRIPLINE: The outermost edge of the tree's canopy or branch spread. The area within a tree's dripline is all the ground under the total branch spread. C. CRITICAL ROOT ZONE: Generally, all of the ground area included in the dripline. D. DIAMETER (CALIPER): The size (in inches) of a tree's trunk is measured at: 1. six (6) inches above grade for trunk diameters up to and including four (4) inches; 2. twelve (12) inches above grade for trunk diameters from four (4) inches up to and including eight (8) inches; and 3. four and a half (4½) feet above grade for trunk diameters greater than eight (8) inches; in accordance with guidelines established in the "Guide for Plant Appraisal". All measurements should be rounded to the nearest inch. E. HIGH-VALUE SHRUB: Any specimen shrub with an appraised value of BID 8080 EWF & Drainage for Playgrounds Page 11 of 29 $100.00 or more. F. PROJECT CONSULTING ARBORIST: An independent consultant with a degree in a field related to arboriculture, and at least five years field experience in tree preservation or on-site monitoring of public works or construction projects involving tree retention and protection. The Consultant should be an active member in the American Society of Consulting Arborists and International Society of Arboriculture. 1.5 REFERENCE STANDARDS AND GUIDELINES: A. Contractor shall comply with applicable requirements and recommendations of the most current versions of the following standards and guidelines. Where these conflict with other specified requirements, the more restrictive requirements shall govern. 1. ANSI Z133.1-1988: American National Standard for Tree Care Operations 2. ANSI A300-1994: Standard Practices for Trees, Shrubs and Other Woody Plant Materials 3. NATIONAL ARBORIST ASSOCIATION STANDARDS: Pruning, Cabling and Bracing, Fertilization 4. GUIDE FOR PLANT APPRAISAL-8 TH EDITION: Authored by the Council of Tree and Landscape Appraisers; published by the International Society of Arboriculture PART 2: PRODUCTS - Not applicable PART 3: EXECUTION 3.1 CONSTRUCTION REQUIREMENTS: This section provides standards and guidelines for the retention and protection of trees and high-value shrubs for any proposed public works or construction project. 3.2 ROOT PRUNING: A. Tree roots shall not be pruned or cut unless their removal is unavoidable or absolutely necessary. The City Forester or Project Consulting Arborist shall be notified prior to any operation known or suspected to involve cutting of more than: 1. two roots, three (3) inches or more in diameter; and/or 2. four (4) roots between two (2) and three (3) inches in diameter. BID 8080 EWF & Drainage for Playgrounds Page 12 of 29 The City Forester or Project Consulting Arborist shall be notified immediately in the event that roots in excess of that described above are cut, torn, ripped, or otherwise injured. B. Upon approval by the City Forester, prior to any excavation, removal of sidewalk, or other activity that will result in removal of soil and tree roots, all tree roots within a designated area will be pruned to a depth of fourteen (14) inches. Pruning shall occur with a Dosko Root Pruner, or equivalent, in accessible areas, and by hand in areas inaccessible to the root pruning machine. All other root pruning shall be done by hand with approved tools. C. Removal of roots greater than one (1) inch diameter or parts of roots that are injured or diseased should be performed as follows: 1. Preserve the root bark ridge (similar in structure and function to a branch bark ridge). Directional root pruning is the recommendation technique and should be used during hand excavation around tree roots. Roots are similar to branches in their response to pruning practices. With directional root pruning, objectionable and severely injured roots are properly cut to a lateral root, if possible, that is growing downward or in a favorable direction. 2. All roots needing to be pruned or removed shall be cut cleanly with sharp hand tools, with oversight by the City Forester or Project Consulting Arborist. No wound dressings shall be used. 3. Recommended root pruning tools: a. Scissor-type lopper. b. Scissor-type pruner. c. Large and small hand saws. d. Wound scriber. e. Trowel or small shovel. f. Garden Fork. g. Hand broom. D. Root Pruning Near Sidewalks 1. Root pruning should be done carefully, by hand, to achieve the objective of reducing future sidewalk problems as well as preserving the trees. Removing anchoring roots or causing injuries in anchoring roots and root flares can cause future decay and windthrow hazards. Indiscriminate cutting of vigorous roots results in their resprouting so that several more new roots may grow from the cut end, back under the sidewalk, thereby reducing the time between sidewalk repairs. Roots can be managed in the ground without significant harm to trees, if care is taken to avoid injuries that lead to root and trunk decay. BID 8080 EWF & Drainage for Playgrounds Page 13 of 29 2. Directional root pruning is recommended because it considers the tree's response to root pruning and decay. With directional root pruning, roots are cut to a large lateral, if possible, that is growing downward or in a more favorable direction. The pruned root ends will be less likely to resprout, since a large lateral can assume the new terminal role of the root. 3. Proper removal of selected roots or parts of roots can direct roots away from sidewalks in the future. Procedures for root pruning directly next to sidewalks are as follows: a. Hand dig a trench six (6) to eight (8) inches in depth at the edge of the planting strip and sidewalk. b. Remove all roots less than two (2) inches diameter in this trench back to a desirable lateral root, preserving the root bark ridge. If careful excavation does not reveal a desirable lateral root within twelve (12) inches of the exposed root in question, then the exposed root shall be pruned properly so that a minimal amount of root is removed. c. Small root bundles, the source of future sidewalk problems, should also be removed at this time. E. All roots between two (2) and four (4) inches in diameter should be examined by the City Forester or Project Consulting Arborist in terms of their role in anchoring the tree. 1. All roots that contribute significantly to anchorage should be preserved. Remove all other roots in this size range to sound, downward growing lateral roots that are at least one half (½) the size of the root being removed. 2. All roots larger than four (4) inches in diameter are to be preserved unless their removal is absolutely necessary. Preservation of large roots may require: a. reducing the sidewalk width near the root flare; and/or b. ramping or bridging the sidewalk over the roots to allow for root growth. 3.3 TREE PROTECTION FENCING: A. Tree protection fencing should be installed two (2) feet behind the existing curb in areas where the street surface will be removed and replaced. Tree protection areas shall be designated on construction documents, and fencing locations should be staked for approval by the Construction Manager and City Forester or Project Consulting Arborist. B. Tree protection fences should be constructed of one of the following: 1. Galvanized chain-link - six (6) feet in height. Posts should be BID 8080 EWF & Drainage for Playgrounds Page 14 of 29 installed on ten (10) foot centers (maximum), at a depth of three (3) feet minimum. Installation of post shall not result in injury to surface roots or root flares of trees. 2. Colored (orange), molded plastic construction fencing-four (4) feet in height. C. Fencing should be installed to completely surround the limits of tree protection areas, and should extend at least ten (10) feet beyond the designated construction limits. 3.4 INJURIES TO EXISTING PLANTS - DAMAGE PENALTIES: A. Tree and High-Value Shrub Appraisal: All trees and high-value shrubs will evaluated and appraised by the City Forester or Project Consulting Arborist, and a list of all tree values for the project will be on file in the Construction Manager's office. Any tree or other plant requiring retention or protection that is not on the list shall be appraised by the City Forester or Project Consulting Arborist as necessary to comply with this damage penalty. B. Documentation for appraisals will consist of : 1. measurement of plant size; 2. identification by common and botanical names; 3. current condition (overall health, injuries, overt hazard status, etc.) and 4. location factors as described in the "Guide for Plant Appraisal". Photographs may be taken of certain trees and shrubs to document debilitating condition factors. C. The threshold level for plants to be appraised shall be $100.00; only those trees and shrubs estimated to have a monetary value greater than $100.00 shall be appraised. D. Trees and other plants designated as requiring retention or protection shall be identified at on-site conference meeting. Loss of, or partial injury to, any of these plants due to Contractor neglect or improper construction activities will result in a penalty of up to treble damages of the assessed value of the tree as determined by the City Forester or Project Consulting Arborist. A fine of one-thousand dollars ($1,000.00) will be levied against the Contractor for each incident of construction damage (including construction traffic) within designated tree protection areas. Any fine shall be independent of any applicable damages for the assessed value of the tree or tree part. BID 8080 EWF & Drainage for Playgrounds Page 15 of 29 E. Trees or roots visibly and unnecessarily injured will cause the Owner to withhold from the Contractor an assessed amount conforming to the requirements stipulated above, for a period of one full year. After that period the impact of the injury to any tree will be assessed by the City Forester or the Project Consulting Arborist. 3.5 SUBMITTALS: A. Proposed methods, materials, and schedule for root pruning, branch pruning, and other tree maintenance shall be submitted for approval. The City Forester or Project Consulting Arborist shall mark the location of root pruning lines in the field prior to the operation. If possible, root pruning should occur between autumnal leaf fall and spring foliation. Root pruning during the growing season shall require approval of the City Forester or Project Consulting Arborist. END OF SECTION 02150 BID 8080 EWF & Drainage for Playgrounds Page 16 of 29 SECTION 02710 SUBDRAINAGE SYSTEMS PART 1: GENERAL 1.1 RELATED DOCUMENTS: 1.2 SUMMARY: A. Work Includes: Furnishing and installing subdrainage systems as shown on the Drawings or specified herein, or as required to complete the work. PART 2: PRODUCTS 2.1 MATERIALS A. Fibar 300 Drainage system or approved equal. PART 3: EXECUTION 3.1 INSTALLATION A. Excavate area to soil surface, removing all sand. B. Remove all roots, stones, and vegetation. C. Accurately grade and firmly compact entire area, especially where fill materials have been utilized. 1. Minimum 1% downward grade to ensure proper drainage to drain. D. Excavate trench 2” wide x 6” deep, perpendicular to grade at lowest point of playground area. E. Install drain and connect low end of strip to storm drain or similar device to remove collected water. F. Install FibarDrain strips at 6’ centers in direction of grade. G. Contact Project Manager for drainage inspection after drainage is installed and before fabric and engineered wood fiber are installed. 3.2 RESTORATION: Restore all fences, ditches, yards, lawns, and other structures or surfaces to condition equal to or better than before work began. PART 4 - MEASUREMENT AND PAYMENT 4.1 Measurement A. Measurement will be made of lump sum of drainage installed and accepted by the Parks Project Manager and in accordance with the Specifications. BID 8080 EWF & Drainage for Playgrounds Page 17 of 29 4.2 Payment B. Payment shall include furnishing, transporting and installing all earthwork, preparation of sub-grade, and furnishing and placement of drainage system. END OF SECTION 02710 BID 8080 EWF & Drainage for Playgrounds Page 18 of 29 SECTION 02865 SURFACING MATERIALS PART 1 - GENERAL 1.1 SUBMITTALS A. Submit one (1) cubic foot sample of material at least twenty-four hours (24) prior to delivery to the site. B. IPEMA certificate showing the engineered wood fiber (EWF) is IPEMA certified for ASTM F1292‐impact attenuation within the use zone of the playground equipment, F2075‐ sieve analysis, tramp metals and hazardous metals. C. Maintenance Instructions: Submit manufacturer’s maintenance instructions for playground surfacing. D. Warranty: Submit manufacturer’s standard warranty. E. References: Submit at least 3 customers that have been using the product for at least 3 years. PART 2 - PRODUCTS 2.1 ACCESSIBLE SURFACING MATERIAL A. Accessible Playground Surfacing Material shall be EWF product that meets the specifications in ASTM F2075: Standard Specification for Engineered Wood Fiber and be tested to and comply with ASTM F1292 and ADA/ABA accessibility guidelines for firmness and stability based on ASTM F1951. 2.2 GEOTEXTILE FABRIC A. Geotextile fabric must be nonwoven needlepunched geotextile made of 100% polypropylene staple fiber. It must resist ultraviolet and biological deterioration, rotting, naturally encountered basics and acids. Geotextile fabric must be Thrace-LINQ® 120EX or equivalent to allow for filtration and to withstand aggregate weight and compaction. PART 3 - EXECUTION 3.1 INSTALLATION: A. Demolition as necessary following Demolition - Section 02050. B. Sub-grade shall be firmly compacted, pitched to drain and approved by the Project Manager prior to installation of the EWF. C. Cover sub-grade with Geotextile Fabric material. Overlap all seams a minimum of 3". It will be necessary to slit the fabric to fit around the footings of the equipment. Where possible, overlap all slits with next piece of fabric. D. Work with Project Manager to determine critical fall height of playground pit and necessary depth of EWF per per the equipment manufacturer’s BID 8080 EWF & Drainage for Playgrounds Page 19 of 29 recommendations and Consumer Product Safety Commission (CPSC) Public Playground Safety Handbook. E. Permanently mark, with paint or other type of permanent marker, all the legs of the playground equipment with the compacted system design depth. F. Install the EWF in layers, 6‐8" at a time. Rake, level and wet the surface before compacting with a mechanical compactor after each layer is installed. Change direction 90 degrees between each layer. Repeat these steps until the desired surface thickness is achieved. G. Hand spread and rake for smooth, finished surface. 3.2 CLEAN UP A. Maintain a neat and orderly work site at all times. B. Upon completion of site work, clean up area, remove tools, equipment, materials and debris. PART 4 - MEASUREMENT AND PAYMENT 4.2 Measurement A. Measurement will be made of the actual number of cubic yards of Surfacing installed and accepted at the locations shown on the Drawings or as directed by the Parks Project Manager and in accordance with the Specifications. B. Depth - Quantity 12"compacted -50 cubic yards per 1,000 sq. ft. of playground area (>12’ Critical Height) 4.2 Payment B. Payment shall include furnishing, transporting and installing all limited to earthwork, preparation of sub-grade, soil separator fabric, and furnishing and placement of Surfacing Materials. END OF SECTION 02831. BID 8080 EWF & Drainage for Playgrounds Page 20 of 29 SERVICES AGREEMENT WORK ORDER TYPE 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of ( ) page(s) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $ . The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 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 BID 8080 EWF & Drainage for Playgrounds Page 21 of 29 the city, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than thirty (30) days prior to contract end. 5. 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 7. Early Termination by City/Notices. 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 mailed 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 address: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. 8. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 9. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in BID 8080 EWF & Drainage for Playgrounds Page 22 of 29 performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 13. 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. 14. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 15. 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 BID 8080 EWF & Drainage for Playgrounds Page 23 of 29 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. 16. 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. 17. 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. 18. 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 representative, successors and assigns of said parties. BID 8080 EWF & Drainage for Playgrounds Page 24 of 29 19. 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 " ", 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. 20. 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. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 22. 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 BID 8080 EWF & Drainage for Playgrounds Page 25 of 29 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 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. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. BID 8080 EWF & Drainage for Playgrounds Page 26 of 29 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry S. Paul Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney By:____________________________________ _______________________________________ Print Name Title____________________________________ Date: _______________________________ BID 8080 EWF & Drainage for Playgrounds Page 27 of 29 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ BID 8080 EWF & Drainage for Playgrounds Page 28 of 29 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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. BID 8080 EWF & Drainage for Playgrounds Page 29 of 29 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.