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HomeMy WebLinkAboutRFP - 9062 PLAYGROUND DESIGNER AND MANUFACTURER FOR TRAIL HEAD PARKRFP 9026 Playground Design and Manufacturer for Trail Head Park Page 1 of 27 REQUEST FOR PROPOSAL 9062 PLAYGROUND DESIGNER AND MANUFACTURER FOR TRAIL HEAD PARK The City of Fort Collins is requesting proposals from qualified firms to provide services for playground design, manufacture and installation coordination for the Trail Head Park Project. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) December 13, 2019 and referenced as Proposal No 9062. If delivered, they are to be sent to the Purchasing Department, 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is Attn: Purchasing Department, PO Box 580, Fort Collins, 80522-0580. Please note, additional time is required for proposals mailed to the PO Box to be received at the Purchasing Office. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Questions concerning the scope of the bid should be directed to Greg Oakes, Project Manager, at (970) 416-2260 or goakes@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Senior Buyer, at (970) 221-6777 or edale@fcgov.com. 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 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 2 of 27 All questions must be submitted in writing via email to Greg Oakes, with a copy to Elliot Dale, no later than 5:00 PM our clock on December 3, 2019. Questions received after this deadline may not be answered. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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. All provisions of any contract resulting from this request for proposal will be public information. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. 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. Please do not submit with your proposal. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 3 of 27 The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 4 of 27 REQUEST FOR PROPOSAL 9026 PLAYGROUND DESIGN AND MANUFACTURER for TRAIL HEAD PARK I. SECTION 1 – OVERVIEW AND PROJECT BACKGROUND This Request for Proposal is issued to provide services for playground design, manufacture and installation coordination for the Trail Head Park Project. A. Overview On behalf of the Park Planning and Development Department, the City of Fort Collins is seeking proposals for a playground designer and manufacturer capable of performing design engineering, custom play equipment design, shop drawing production, and who is knowledgeable of current Americans with Disabilities act (ADA) standards, local building codes, Consumer Product Safety Commission (CPSC) regulations, and American Society for Testing Materials (ASTM) standards, is International Play Equipment Manufacturers Association (IPEMA) certified, and can supply commercial grade-play equipment for the new playground at Trail Head Park in Fort Collins, Colorado. Trail Head Park is a 5.6-acre park site that has some established elements, such as existing turf grass and irrigation and many large existing coniferous trees but will be fully developed into a neighborhood park. The park is located at 775 Greenfields Drive adjacent to East Vine Drive - See Attachment A: Vicinity Map and Existing Conditions. Trail Head Park will be built with a Construction Manager/General Contractor (CM/GC) process and will require the selected Playground Designer(s) and Manufacture(s) to design and manufacture the play equipment and work with the CM/GC to install the equipment. The City’s intent is to have one or multiple manufacturers deliver the preferred playground concept for the park - See Attachment B: Conceptual Site Layout Plan and Park Center Rendering Concepts. The City anticipates the scope of work will be divided into several separate contracts:  Design of playground to be contracted with City of Fort Collins;  Fabrication, shipping and installation coordination of the playground components to be contracted with the selected Construction Manager/General Contractor (CM/GC); contract amount to be negotiated once design is complete. Through a separate RFP process, the City will select a CM/GC to construct the entire park. CM/GC is a contracting method that involves the contractor in the design process. The selected CM/GC will work in a partnership with City of Fort Collins, the architect – engineer design team and the selected Playground Designer(s) and Manufacturer(s). The focus is on a partnership and a collaborative design to minimize risk, improve the construction schedule, promote innovation, and a cost-efficient construction. B. Project Background The park site was once home to the Hartshorn Tree Farm, where many of the trees that line historic Mountain Avenue and the Old Town area were once grown. The site is also known for migratory bird populations that pass through this area. The park will honor this history and heritage by incorporating features that reflect the area’s history and use patterns. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 5 of 27 The project site encompasses a total of 5.6 acres. The entrance to the future park site is on Greenfields Drive and Wagon Trail Drive off of East Vine Drive. The current site is comprised of open irrigated turfgrass with many existing large coniferous trees, which are believed to be relics from the historic tree farm. There is currently a concrete sidewalk that circumnavigates the park site. Residents from Trail Head, Waterglen and Waterfield neighborhoods can access the site via outside sidewalk connections and on-street bike lanes. The current site has no restroom, lights, or other amenities beyond irrigated turf and existing trees. II. SECTION 2 –PROJECT DESCRIPTION AND PROJECT FUNDING A. Project Description Trail Head Park is defined as a new neighborhood park in the City of Fort Collins 2008 Parks & Recreation Policy Plan. Some Trail Head residents feel disconnected from the City due to lack of recreational amenities being on the eastern side of the City. A new park will provide the neighborhood a variety of new recreational activities and amenities, as illustrated on the Attachment B. The City is seeking a playground theme that relates to nature play and natural materials/elements. During the neighborhood public outreach process, it was clear that the neighborhood preferred a more organic-type playground and park environment including; earthen/muted colors and natural materials. The playground will include traditional play equipment such as 2-5 and 5-12 play features that will be integrated with other non- traditional play items and custom designed play pieces. In addition to a children’s playground in the Park Center, an Adventure Play Area is provided which will have structures/play features more suited for older children, teens, and adults. A general concept for the playground has been prepared, as illustrated in Attachment B. These renderings provide an overall perspective on the look and feel desired for the playground, but should not be interpreted as final, pre-determined play experiences. We will work with the selected Playground Designer(s) and Manufacturer(s) to refine and develop these concepts in more detail. Based on the renderings provided, the playground is envisioned to include 4 primary play areas: 1. Park Center Playground a. Swings with 3 bays for 2 non-ADA, 2 ADA and 2 infant swings; b. Multi-unit for ages 2-5; c. Spinner equipment piece; d. Play elements that create play circuits for ages 5-12; e. Teeter totter play piece; f. Nature Play Features - These features may include log climbing, stepping boulders/logs, log/rock tunnels, log/rock balance, log/rock net climbing, and wood balance beams. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 6 of 27 g. Approximate Budget $100-$150K 2. Activity Spine Play Structure a. An “Activity Spine” transects the Park Center, playground, and park. This spine is envisioned as a primary park feature, providing seating and play options throughout the park. Where the Activity Spine intersects with the playground, a wall-based play structured is envisioned. This play feature provides a place for exploration and integrates with the board formed concrete wall. Play elements may include a slide, climbing features, or similar elements. This item is a custom play feature. b. Approximate Budget $60-$80K 3. Play Tower a. Tower climber with interior and potentially exterior climbing opportunities, offering a high observation point with views to the mountains. Slides may be provided at differing elevations. The tower should relate architecturally to the other structures in the park, including the restroom and shelter. The tower should integrate with the Activity Spine. The tower is a custom play feature. b. Approximate Budget $80-$100K 4. Adventure Play Area a. The Adventure Play Area is intended to target teens and adults. Features may include log climbing/jams, a bouldering rock(s), log balance, or similar elements. b. Approximate Budget $40-$60K The City is requesting from the Playground Designer(s) and Manufacturer(s) a concept design and approach for each of the 4 playground elements stated above. The Playground Designer(s) and Manufacturer(s) will be responsible for the design, engineering, ADA compliance, and cost estimating support to the CM/GC necessary for completion of the playground project from schematic design through installation and acceptance. The City will consider proposals that include individual or multiple play elements. The selected CM/GC will be responsible for preparing the existing site, including establishment of subgrades and installation of site work (access ramps, drainage systems, adjacent concrete sidewalks and playground safety surfacing). The design of the new play equipment must comply with the current ADA, local building codes, and current state and local licensing requirements in the design of the playground components and structures. In addition, the playground design should follow CPSC regulations and be IPEMA certified to ASTM standards. A detailed layout plan for the RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 7 of 27 installation of the playground will be a requirement of this project (layout to be provided to the City in AutoCAD compatible format). The Trail Head Park play area will be roughly 9,000 sf total in size. This includes 6,500 sf +/- in the Park Center Playground and 2,500 sf +/- in the Adventure Play Area. This project will be initiated immediately after an award has been made to the Playground Designer(s) and Manufacturer(s) for the design, manufacturing, and delivery of the playground equipment. The City currently anticipates installation of the playground in the late summer or early fall of 2020. B. Project Funding The playground equipment budget is approximately $350,000- $400,000. This budget includes design, manufacturing/fabrication, delivery, and installation coordination. III. SECTION 3 – SCOPE OF WORK The following is an outline of a general scope of work for the Design Contract (tasks one and two) and the Fabrication, Shipping and Installation Coordination (tasks three and four). The awarded Playground Designer(s) and Manufacturer(s) shall perform or coordinate the following activities: design, fabricate, manufacturer, and ship the equipment to the park site. The proposal must identify if it is the Playground Designer and Manufacturer’s preference to use a local certified playground installer to install the playground or install themselves. In either installation scenario, the Playground Designer(s) and Manufacturer(s) will be required to contract with the selected CM/GC for the project once design is complete and throughout manufacturing, fabrication, delivery and installation. Additional tasks that the Playground Designer and Manufacturer determine necessary to assure a good deliverable design product and ultimately a high-quality playground should be addressed in the proposal. A. Task One – Playground Concept Development 1. Attend a project kick-off meeting – project scope, schedule, important project milestones and to visit the project site, if needed. 2. Work with City staff to refine and advance the playground concept design (this may include several rounds of review and revisions). 3. Participate in budgeting / value engineering as needed for the playground. B. Task Two – Playground Shop Drawings 1. Attendance at and participation in progress meetings (attendance may be via conference call/video conferencing). RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 8 of 27 2. Prepare and provide progress plans and supporting documents of the playground design as it progresses. 3. Participate in budgeting/value engineering as needed for the playground. 4. Design and detailing for safety surfacing (i.e. poured-in-place, EWF, tiles). 5. Coordination with Park Planning and Development and the selected CM/GC. C. Task Three – Playground Fabrication 1. Playground to meet safety standards provided in Section 6 – General Guidelines and Requirements. 2. Coordination with Park Planning & Development and the selected CM/GC. 3. Provide progress updates that may include photographs, email, and progress status. 4. Completion of playground fabrication based on pre-determined milestones agreed upon with the City and the CM/GC. D. Task Four – Playground Installation 1. Coordination with Park Planning & Development and the selected CM/GC. 2. Materials should be durable, high quality and suitable for the Colorado climate. 3. Hardware used in the assembly of components such as bolts, nuts, screws, spacers, washers and other hardware shall be either yellow dichromate-plated or stainless steel and tamper resistant or better. All hardware must be included. 4. Manufacturer must submit proof of compliance to: a. U.S. Consumer Product Safety Commission publication entitled “Handbook for Public Playground Safety” b. ASTM standard F 1487-01 entitled “Standard Consumer Safety Performance Specification for Playground Equipment for Public Use” c. Current DOJ 2010 - ADA Standards for Accessible Design & U.S. Access Board guidelines d. IPEMA certified playground equipment. 5. Manufacturer’s sales representative and/or installer must attend a follow-up inspection with a Certified Playground Safety Inspector prior to City acceptance of the installation. The City will hire the Certified Playground Safety Inspector. IV. SECTION 4 - SCHEDULE A. RFP Schedule (Please note: dates are tentative and for planning purposes. They are subject to change)  Advertise and Issue RFP Week of November 18, 2019  Deadline to submit Questions December 3, 2019 at 5:00 PM  Proposal due date December 13, 2019 at 3:00 PM  Interviews (tentative and if necessary) Late Dec. 2019/Early Jan. 2020  Selection of Playground Service Provider(s) Early January 2020  Notice to Proceed Mid-January, 2020 B. Project Schedule  Project Kick-Off Meeting Late January 2020 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 9 of 27  Playground Design February – March 2020  Status Update Meeting(s) February – April 2020  Final CM/GC Pricing March – April 2020  CM/GC Mobilization April 2020  CM/GC Construction Late April 2020  100% Playground Shop Drawings May 2020  Playground Fabrication Early May – June 2020  Installation of Play Equipment July – August 2020 V. SECTION 5 – GENERAL GUIDELINES AND REQUIREMENTS A. Proposals 1. Cost of Proposal Preparation. No reimbursement will be made by the City of Fort Collins for any costs incurred prior to a formal Notice to Proceed. 2. The City reserves the right to qualify, accept, or reject any proposals as deemed to be in the best interest of the City. The City of Fort Collins reserves the right to accept or reject any or all proposals and to waive irregularities or technicalities in any proposal when in the best interest of the City. The City of Fort Collins reserves the right to accept or reject any exception taken to the terms and conditions of the request for proposal. 3. The submission of a proposal implies acceptance of the terms and conditions of this Request for Proposal, unless otherwise stated. 4. In addition to submitting a written proposal, the top-rated proposers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section VII. 5. Any costs to the City of Fort Collins not specifically set forth in this Request for Proposal will be the responsibility of the Playground Designer(s) and Manufacturer(s) and will be deemed included in the fees and charges proposed herein. This includes, but is not limited to, costs associated with design, manufacturer, delivery and installation. 6. Responses may be rejected if any of the following are not performed:  To adhere to one or more of the provisions established in this Request for Proposal;  To demonstrate competence, experience, and ability to provide the manufactured equipment described in this Request for Proposal;  To submit a response on or before the deadline and complete all required forms;  To respond to a written request for clarification or additional information. B. Standards and General Information RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 10 of 27 1. The City of Fort Collins has developed a Building Design Standards Manual. Design will follow these standards unless exempted by the City. This manual is available online and can be viewed at: https://www.fcgov.com/opserv/design-standards.php 2. Professional workmanship shall meet or exceed existing industry standards. All materials and/or service shall comply with applicable OSHA regulations in effect at the time materials are shipped and/or the service is performed. Material Safety Data Sheets (MSDS) are required in accordance with applicable regulations. Material Safety Data Sheets must be left on site immediately after materials and/or services have been provided. 3. The selected Playground Designer(s) and Manufacturer(s) may be required to provide the City with complete, signed, and sealed plans and specifications from an architect or engineer licensed in the State of Colorado, for custom playground structures, depending on the final design. 4. The City of Fort Collins is exempt from all state taxation including state sales and use taxes. 5. Travel and Expenses: The selected Playground Designer(s) and Manufacturer(s) shall provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable. 6. The awarded Playground Designer(s) and Manufacturer(s) shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Further, they agree to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. 7. Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 11 of 27 VI. SECTION 6 - SUBMITTAL REQUIREMENTS Qualified Playground Designers and Manufacturers interested in performing the work described in this request for proposals must submit a complete proposal which addresses all elements of this RFP. Proposals to be submitted in an 8 ½” x 11” format. Pages are to be numbered. Page length not to exceed 30 double sided or 60 single pages. Graphics or charts than would not present well on 8 ½” x 11” size papers may be presented on 11” x 17” size paper. Cover pages, divider sheets, and Proposal Acknowledgement Form (See Section 8) are excluded from the page limit. Responses must include all items listed below. A. Project Understanding: Provide a summary of your understanding of the project, project complexities, project schedule, milestones, and project issues. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Company Overview: Provide a company overview description and indicate unique capabilities your organization will bring to this project, as indicated by prior successful completion of similar projects. Describe your company’s background, number of years in business, ownership details, an overview of services offered and qualifications, size, primary location and address, and primary contact information. Please complete Section VIII Vendor Statement. List any liens or unsatisfied judgments presently existing against your organization. If your organization has no liens or unsatisfied judgments, please communicate this as well. C. Project Approach: Describe your recommended approach to achieve each of the tasks outlined in the scope of work described above. Clearly state if your company will install the playground or if a local, certified installer to be selected by the CM/GC will be installing the playground. Companies are encouraged to think beyond the outlined Scope of Work and provide innovative and cost-effective ideas to create a successful plan. Provide all warranty information of both custom play equipment, “off-the shelf” equipment and installation. State if your firm is interested in supplying the custom play features, “off-the-shelf” play features, or all play features. State if your firm would be interested in supplying only part of the play features, and if so, the play features they are most interested in supplying. D. Team Profile: Provide information regarding the team you propose to work on this project, including the availability and commitment of key personnel, with titles and tasks identified. Include experience addressing: recreation and play opportunities, maintenance considerations, public safety, environmental and utility challenges and working in collaboration with a project design team including any experience with project completed under the CM/GC approach. E. Project Experience: Provide examples of similar sized and/or themed playgrounds, installed within the last 10 years for a minimum of 3 and maximum of 5 projects. Provide project location and references from companies or agencies that have purchased RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 12 of 27 playgrounds from your company (and have owned the product for at least one year). Include contact’s name, title, address, telephone numbers and e-mail addresses. F. Character Images/Design Narrative: Provide character imagery, sketches or illustrations that convey the general design intent for one or more of the four play environments proposed. A complete design proposal for each play feature is not required. G. Schedule: Provide a project schedule based on installation completion by late summer – early fall of 2020 (timing to be finalized in conjunction with the CM/GC schedule). 1. Include major milestones including design, manufacture and delivery; 2. Manufacturer’s schedule shall clearly indicate “critical path work items”; 3. Explain approach and delivery strategy to ensuring an efficient schedule is met. H. Costs: Playground Designers and Manufacturers shall submit an itemized estimated range of cost to develop the design, manufacture, deliver and install the proposed playground concept, with a cost for each of the scope tasks outlined. The final playground cost shall be determined by 100% Shop Drawings. The Playground Designer(s) and Manufacturer(s) will contract with the City for design services and will contract directly with the CM/GC team for fabrication, delivery and installation coordination. Please include the following items in the proposed cost: 1. Cost estimate for design efforts to complete playground design and shop drawings; include site visit(s), attendance at design team meetings, and collaboration with the design team (Task 1 & 2). 2. Cost estimate for fabrication, delivery and installation coordination of the proposed play equipment and components. Costs shall be itemized to the greatest extent possible (Tasks 3 & 4). 3. Manufacturer’s hourly rates and reimbursable expenses, including profit and overhead. 4. Sub-consultant’s and sub-contractor’s hourly rates, including applicable mark- ups and reimbursable expenses. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 13 of 27 VII. SECTION 7 - REVIEW AND ASSESSMENT An evaluation committee will independently evaluate the merit of proposals received, according to the following criteria. The evaluation committee may conduct discussions with a Playground Designer and Manufacturer who submits an acceptable proposal. Playground Designers and Manufacturers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. 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 FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objectives, need for cooperative and collaborative working style, and desired results / outcome for the project? 2.0 Experience Has the proposer successfully completed previous playgrounds of this type, scope and complexity? Does the proposer have the resources, financial strength, capacity and warranty to successfully complete the project on-time and in-budget? 2.0 Creativity Have the persons who will be working on the project, demonstrated through similar work, the ability to integrate creativity into design solutions. 2.0 Cost Does the proposed cost compare favorably with the Project Manager's estimate? Does the proposal include itemized cost detail sufficient to evaluate cost? Are the labor rates, overhead and profit competitive? 1.0 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? Does the firm have the support capabilities the assigned personnel require? 1.0 Availability Can the work be completed in the necessary time? Can important project milestones be met? RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 14 of 27 Reference Evaluation (Top Rated Company) 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 Playground Designer and Manufacturer 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 Playground Designer and Manufacturer responsive to client needs; did the Playground Designer and Manufacturer anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did the installed playground meet the Scope of Work? Was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 15 of 27 VIII. SECTION 8 – VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed 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. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 16 of 27 IX. SECTION 9 – LIST OF ATTACHMENTS • Attachment A: Vicinity Map and Existing Conditions • Attachment B: Conceptual Site Layout Plan and Park Center Rendering Concepts RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 17 of 27 X. SECTION 10 - SAMPLE PLAYGROUND DESIGNER AND MANUFACTURER PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL 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 the "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 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. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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 four (4) 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 Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. 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 Professional. 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: Professional: 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 any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 18 of 27 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 19 of 27 medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The Professional 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 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 20 of 27 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 Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. 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. 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. 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 representatives, successors and assigns of said parties. 19. 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 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 21 of 27 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. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional 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. The Professional 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. The Professional 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional 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 the Professional 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. The Professional 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. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 22 of 27 f. If the Professional 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, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. 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. RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 23 of 27 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 24 of 27 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 25 of 27 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 26 of 27 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 9026 Playground Design and Manufacturer for Trail Head Park Page 27 of 27 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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. TRAIL HEAD PARK ATTACHMENT A TRAIL HEAD PARK ATTACHMENT A TRAIL HEAD PARK ATTACHMENT B Central Green (Turf) Loop Walk (Concrete) Native Grasses Native Grasses Terraced Seating Area Shellter Playground Existing Trees Restroom Playground Adventure Play Area (Teens and Adults) Basketball Activity Deck Potential Future Community Garden Play Tower Note - Playground features shown are placeholders only. These features are shown soley to convey the playground design character. TRAIL HEAD PARK ATTACHMENT B Central Green (Turf) Loop Walk (Concrete) Native Grasses Ornamental Grasses Ornamental Grasses Earthen Mounds Earthen Mounds Turf Shellter Play Tower Playground Park Center Playground Restroom Adventure Play Area (Teens and Adults) Basketball Activity Deck Pine Walk (Crusher Fines Path w/ Concrete Edging) Existing Trees Existing Trees Potential Future Community Garden Activity Spine Play Structure Note - Playground features shown are placeholders only. These features are shown soley to convey the playground design character. TRAIL HEAD PARK ATTACHMENT B Central Green (Turf) Loop Walk (Concrete) Native Grasses Native Grasses Turf Shellter Play Tower Park Center Playground Restroom Adventure Play Area (Teens and Adults) Basketball Existing Trees Potential Future Community Garden Activity Spine Play Structure Note - Playground features shown are placeholders only. These features are shown soley to convey the playground design character. TRAIL HEAD PARK ATTACHMENT B Crusher Fines Path Ornamental Grasses Shellter Park Center Playground Activity Spine Play Tower Note - Playground features shown are placeholders only. These features are shown soley to convey the playground design character. Playground Activity Spine Egg Play Climbers (by others) Activity Spine Play Structure TRAIL HEAD PARK ATTACHMENT B Park Center Playground Activity Deck Playground Adventure Play Area Restroom Activity Spine Play Tower Activity Spine Play Structure Note - Playground features shown are placeholders only. These features are shown soley to convey the playground design character. TRAIL HEAD PARK ATTACHMENT B Adventure Play Area Basketball Native Grasses Soft Surface Trail Log or Rock Balance Structures Log or Rock Balance Structures Climbing Structure Engineered Wood Fiber Log Climber Note - Playground features shown are placeholders only. These features are shown soley to convey the playground design character.