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HomeMy WebLinkAboutRFP - 9184 PLAYGROUND EQUIPMENT REDESIGN AND INSTALLATION FOR GOLDEN MEADOWS PARKRFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 1 of 23 REQUEST FOR PROPOSAL 9184 PLAYGROUND EQUIPMENT REDESIGN AND INSTALLATION FOR GOLDEN MEADOWS PARK RFP DUE: 3:00 PM MST (our clock), September 1, 2020 The City of Fort Collins is requesting proposals from qualified Vendors to provide playground equipment designs, supply, and installation for a renovation of an existing playground at Golden Meadows Park. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, with a copy to Jill Wuertz, Project Manager at jwuertz@fcgov.com, no later than 5:00 PM MST (our clock) on August, 20, 2020. Please format your e-mail to include: RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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. 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 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 2 of 23 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. 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. 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 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 3 of 23 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins, Colorado Parks Department is requesting proposals from qualified Service Providers/Vendors to provide playground equipment designs and installation services for a renovation of an existing playground at Golden Meadows Park. Golden Meadows Park is a small neighborhood park located at 4324 McMurry Avenue. Work is to include coordination with the Parks Project Manager and design of play systems within the existing play area boundaries (approximately 8,467 square feet), as well as pricing for the installation of commercial grade playground equipment. The equipment will be supplied, assembled and installed as part of this contract. The Service Provider is required to hold the pricing submitted in the proposal for the term of the Agreement. In the event the design changes from what the Service Provider proposes resulting in a price change, the parties shall negotiate new pricing based on the pricing discounts offered in the Service Provider’s proposal. The City of Fort Collins will be responsible for removing the existing playground equipment and surfacing. The Service Provider shall establish subgrades and install any site work associated with the playground safety surfacing, subsurface and drainage, if necessary, along with the new safety surfacing of engineered wood fiber. B. Background Golden Meadows Park is centrally located in Fort Collins and the park includes a tennis court, work out stations, a shelter, a connection to the Power Trail and is adjacent to Kruse Elementary School. The City of Fort Collins is looking for a unique play experience that complements the existing playgrounds within the City and achieves the high standard set by other park playgrounds within Fort Collins. A community survey and interviews with key stakeholders are currently in progress and will help to inform the development of the design. See detailed design criteria below for components that should also be included. The playground budget is approximately $250,000. This budget includes design, new playground surfacing and subsurface, play equipment, permits and installation. Installation of the playground renovation project is scheduled to commence in Spring of 2021. II. SCOPE OF WORK A. Detailed Design Criteria 1. The designs will be evaluated based on execution of the given theme, play value, creativeness and ‘fun factor’, variety of equipment types, layout, and budget. 2. Play equipment and overall layout must meet or exceed City of Fort Collins Park Design Guidelines as detailed below. 3. Play equipment should include a full range of activities and age groups to provide a variety of climbing opportunities, sliding, spinning, and creative/interactive play such as play tables & panels. RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 4 of 23 4. Service Providers are encouraged to be creative in their designs and to utilize unstructured play in their proposals. Service Providers may submit proposals with non‐traditional type playground structures, if desired, in whole or as components of the overall playground. Non‐traditional play elements may include Glass Fiber Reinforced Concrete (GFRC) boulders, logs, stumps, hill slides, sculptural components, interactive play panels, etc. 5. The City of Fort Collins reserves the right to mix and match from different Service Providers to create the final playground design. 6. “Green” construction practices and materials are highly desired. Provide LEED or other green certification with proposal. 7. General theme ideas: a. Meadow or Prairie landscape plants, such as Prairie Coneflower (Ratibida ssp.), Blanket flower (Gaillardia aristate), Buffalograss (Buchloe dactyloides), Blue Grama (Chondrosium gracile formerly Bouteloua gracilis); b. Complementary play features (not repetitive) to Kruse Elementary 8. Detailed Components: a. Develop an accessible entry b. Swings: Regular tot (1), ADA swing (1) & belt swings (2), possible multigenerational swing c. Design for all age groups (2-5 and 5-12) in separate play spaces d. Unique play panels that build on theme e. Spinners f. Unique spring rides g. Incorporation of theme into play pieces h. Traditional seating, flexible play pieces that can also be seating, etc. i. Climbing equipment j. Musical/sound components k. Do not include: tunnel slides, crawl tubes, net/rope climbers, enclosed spaces that allow hiding l. Shading if possible B. General Requirements for City of Fort Collins Playground Climbing Structures 1. Support posts shall be fabricated from either 5” O.D. 11-gauge, pre-galvanized round tubing or 5” O.D. .118” extruded round tubing with baked-on electrostatically applied dry powder coating or better (color to be determined). 2. Clamps shall be of 12-gauge draw quality steel or better. No aluminum clamps. RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 5 of 23 3. Decks shall be of one-piece construction fabricated from 13-gauge punched hot rolled steel reinforced with 11-gauge strips welded in place and dipped in poly-vinyl- chloride coating or better (color to be determined). 4. Slides and plastic parts shall be molded from linear low-density polyethylene with ultraviolet (UV) light stabilizers; anti-static guard and color molded in or better (color to be determined). 5. All 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. 6. Service Provider must submit proof of compliance to: a. U.S. Consumer Product Safety Commission publication entitled “Handbook for Public Playground Safety” b. American Society for Testing and Materials 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 7. The City’s standard workmanship warranty is 1-year from the date of acceptance. Service Provider shall provide detailed materials, equipment, installation and workmanship warranty in their proposal. 8. Service Provider’s sales representative and/or installer must attend a follow-up inspection with a City-furnished Certified Playground Safety Inspector prior to acceptance of the installation. C. Site Photos Site aerial photo playground RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 6 of 23 Site photo of existing equipment Photo of play equipment at Kruse Elementary School Photo of play equipment at Kruse Elementary School Photo of play equipment at Kruse Elementary School RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 7 of 23 Photo of play equipment at Kruse Elementary School Photo of play equipment at Kruse Elementary School D. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: August 10, 2020 • Question deadline: 5:00 PM MST on August 20, 2020 • Proposal due date: 3:00 MST (our clock) on September 1, 2020 • Interviews (tentative): Week of September 14, 2020 (if needed) • Award of Contract (tentative): Week of September 14, 2020 • Completion of project: Spring of 2021 E. Interviews In addition to submitting a written proposal, the top-rated Vendors 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 IV. RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 8 of 23 Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. G. Fees, Licenses, Permits The successful Vendor 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. H. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. I. Invoicing and Payment 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. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form – Section V). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 9 of 23 A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Scope of Proposal In your response to this proposal, please provide the following: 1. Provide a detailed narrative of the services proposed if awarded the contract per the Scope of Work. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Identify what portion of work, if any, may be subcontracted. 5. Proposed design concept, including: a. Plan (pdf & AutoCAD file) i. Include proposed components with model numbers, materials, color choices and recommendations, protective area requirements, target age ranges and developmental levels, target play type or activity, etc. b. Pertinent cut-sheets for play components and/or manufacturer’s literature c. 3D Sketches/Perspectives for play design – three (3) minimum from different angles) d. Statement / narrative / chart summary – describing the proposed design(s) and how it satisfies the ADA requirements. e. Warranty - Provide detailed description of the warranty coverage. RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 10 of 23 f. Include a one (1) page manufacturer and representative summary. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide a minimum of three (3) similar sized and/or themed playground projects in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work. The Vendor authorizes the City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Availability Project Schedule is based on a Spring 2021 installation completion. In your proposal, please provide the following: 1. The manufacturer’s schedule shall clearly indicate “critical path work items”. Explain your approach and strategy to ensuring this schedule is met. 2. Can the work be completed in the necessary timeframe, with target start and completion dates met? 3. Are other qualified personnel available to assist in meeting the project schedule if required? F. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. G. Cost In your response to this proposal, please provide the following: 1. Estimated costs to design, manufacture, deliver, and install the playground. Costs shall be itemized to the greatest extent possible. The estimated cost shall be the basis for the project Guaranteed Maximum Price (GMP). The final project cost shall be determined by Final Design. Cost break down shall include design, each playground play feature, surfacing and subsurface, installation cost, and percent discount all as separate line items. H. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 11 of 23 Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. 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 3.0 Scope of Proposal & Design Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Does the design achieve the design criteria? 1.0 Availability Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 3.0 Cost & Work Hours Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 2.0 Firm Capability Has the firm successfully completed previous projects of this type and scope? Does the firm have the resources, financial strength, capacity and required warranty to successfully complete the project on-time and in-budget? Does the warranty information provided meet the City of Fort Collins requirements? Definitions RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 12 of 23 Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 13 of 23 V. 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. Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 14 of 23 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider 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 , consisting of ( ) page(s), and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. 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 ( ) 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 15 of 23 termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: 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 date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page(s), and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. 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. 11. 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 Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 16 of 23 responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. 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. 15. 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. 16. 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. Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 17 of 23 17. 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 Purchasing Director, 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. 18. 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. 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 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., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 18 of 23 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. 21. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 22. 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. Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 19 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 20 of 23 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 21 of 23 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 22 of 23 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. Official Purchasing Document Last updated 10/2017 RFP 9184 Playground Equipment Redesign and Installation for Golden Meadows Park Page 23 of 23 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.