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HomeMy WebLinkAboutRFP - 8164 PLAYGROUND SURFACING CONSTRUCTION SERVICESRFP 8164 Playground Surfacing Construction Services Page 1 of 19 REQUEST FOR PROPOSAL 8164 PLAYGROUND SURFACING CONSTRUCTION SERVICES The City of Fort Collins Park Planning Department is seeking a qualified playground surfacing Service Provider and a secondary backup playground surfacing Service Provider to provide for playground surfacing consulting, design and installation services for various future yet-to-be- determined playground projects (primarily parks). 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 hard copy proposals instead, five (5) copies, 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), September 29, 2015 and referenced as Proposal No. 8164. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Jill Wuertz, Project Manager, at (970) 416-2062 or jwuertz@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Jill Wuertz , with a copy to Elliot Dale, no later than 5:00 PM our clock on September 21, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. 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 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 8164 Playground Surfacing Construction Services Page 2 of 19 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8164 Playground Surfacing Construction Services Page 3 of 19 I. PURPOSE The City of Fort Collins, Park Planning Department, is seeking a qualified primary and secondary playground surfacing Service Provider to provide project management, design, and construction services for various on-going projects. The successful Service Provider will address all of the tasks, issues, and requested information in their proposal, possess the requisite skills, experience and manpower necessary to produce high quality projects on time and on budget, and be motivated to work with City staff, citizens, and to accomplish the project goals and objectives. II. BACKGROUND The City has historically demonstrated a need for on-call playground surfacing. Typical services requested include project design and/or construction of rubberized playground surfacing. This contract may be utilized by all City Departments and other governmental agencies. III. SCOPE OF SERVICES On-Call Playground surfacing Installation and Design Services The Service Provider will work closely with City Project Managers to design conceptual, preliminary, and final improvement plans. The services to be provided will consist of, but not be limited to, the following: plan documents, renovation design and documentation, general notes, specifications, construction notes and details suitable for construction, and construction installation and observation services. The Service Provider may also assist in calculation of plan quantities, details, and other work related to producing plan documents. It is essential that the successful Service Provider’s product be compatible with Industry standards such as:  IPEMA certification  Ten-year STANDARD installation and materials warranty  Aliphatic binder (in the top or wear layer only) Additional requirements may include:  Attend coordination and review meetings  Coordination with other contractors (landscape, engineering, etc.) When the City provides survey data, that data will be provide in an ASCII file – comma delineated format (point number, northing, easting, elevation, description). For new projects, the Service Provider may be required to provide construction and/or design services. In such case, the Service Provider will work closely with a City Project Manager to produce the best possible product and within the budget constraints associated with that project. The City does not require specific design software to be used, but final drawings shall be submitted to the City in AutoCAD and as mylar documents. Our anticipated need for design and construction work is expected to be on an “as needed” basis. The Service Provider should expect that services required for individual projects could range up to 800 hours depending on the complexity of the project(s). The City is seeking Service Provider’s that can excel at delivering projects with complex requirements (City and Parks Standards, publicly controversial projects, etc.). Equally important is the Service Provider’s ability to quickly, efficiently and cost-effectively complete small, straightforward projects. RFP 8164 Playground Surfacing Construction Services Page 4 of 19 IV. INSTRUCTIONS TO THE SERVICE PROVIDERS Please include the following in your proposal:  Resumes for all members of your firm who are proposed to provide the actual services. Resumes should include the person's name, title or job classification, qualifications and experience related to the project, and specify the length of service with your firm.  Submit at least three (3) current references (governmental entities are preferred) who can attest to your success with this type of project; including name and title, address, telephone number, and email address.  A statement as to the amount of time they could be available for the next four to six months. The payment for services as described under the Pricing Matrix shall be based on unit prices, hourly rates, and reimbursement rates (at cost) for completed services. These costs must be included in your proposal. Please provide hourly prices and hourly prices for any sub- contractors including mark-up and mark-up for materials. The City reserves the right to award the contract based solely on the written proposals or interview the top rated proposers at the City’s sole discretion. V. TERMS AND CONDITIONS The agreement will be effective for a period of one year from the date on the Services Agreement, and may be renewable for four (4) additional one-year terms (one year at a time), at the option of the City. Billings and payments will be made using the prices listed on the agreed to Price Schedule. In the event that a service is requested, which is not listed on the Price Schedule, the Contractor, and the City will negotiate an appropriate unit price for the service. A copy of the City's standard Professional Services Agreement is attached. RFP 8164 Playground Surfacing Construction Services Page 5 of 19 VI. SELECTION CRITERIA AND METHOD Review and Assessment Professional firms 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 firms 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 2.0 Scope of Proposal 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? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 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? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the line- item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? RFP 8164 Playground Surfacing Construction Services Page 6 of 19 Definitions 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 of Andrew Savitz 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.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8164 Playground Surfacing Construction Services Page 7 of 19 VII. PRICING MATRIX Critical Fall Heights (CFH)/Thickness (includes basemat and top course) SF Range NA- top only 4’ CFH (1.75”) 5’ CFH (2”) 6’ CFH (2.5”) 7’ CFH (3”) 8’ CFH (3.5”) 9’ CFH (4”) 10’ CFH (4.5”) 1-500 sf 501-1000 sf 1,001-2,000 sf 2,001-3,000 sf 3,001 – 5,000 sf 5,001 – 10,000 sf Additional Pricing Item Quantity Unit Price Cost Additional price per square foot for each 10% of color in top surface 1 $________ /square foot $________ Deduct price per square foot for each 10% of black added to top surface 1 $________ /square foot $________ Demolition, removal and disposal of existing PIP surfacing (includes calling in locates); temporary fencing for site to be provided by FC Parks 100 sf $________ /square foot $________ Top surface EPDM rubber 1 6 square feet at ½” depth $________ Aliphatic binder 1 Necessary amount to install 6 square feet at ½” depth $________ Additional materials mark-up (cost + %) %_______ Notes: 1. Prices are “per square foot” and are for 50% color/50% black speckled top surface. 2. Prices include aliphatic (non-yellowing) binder for the top surface. 3. Prices include 10 year warranty for materials and installation. 4. Prices include materials and installation. Freight would be priced on a per project basis and is not included in the above price. RFP 8164 Playground Surfacing Construction Services Page 8 of 19 ATTACHMENT A POURED-IN-PLACE RUBBERIZED SURFACING MIMINUM GENERAL SPECIFICATIONS SCOPE OF WORK Supply all materials and labor required for poured-in-place rubberized safety surfacing. Surfacing shall be installed in an existing playground site, to be used as an entrance and access to play structures. Owner will provide maximum height of play structures. QUALIFICATIONS 1. Qualified installer must be a licensed contractor approved and trained by the manufacturer of the playground surfacing system. SUBMITTALS 1. Manufacturer must submit proof of compliance to:  Certification by manufacturer that installer is an approved applicator of the playground surfacing system.  U.S. Consumer Product Safety Commission publication entitled “Handbook for Public Playground Safety”  American Society for Testing and Materials standard (ASTM) F1292 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment  ASTM F1951 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment  Performance Requirements: Provide a 2 layer rubber-urethane playground surfacing system which has been designed, manufactured and installed to meet the following criteria:  1. Shock Attenuation (ASTM F1292):  a. Gmax: Less than 200.  b. Head Injury Criteria: Less than 1000.  2. Flammability (ASTM D2859): Pass.  3. Tensile Strength (ASTM D412): 60 psi (413 kPa).  4. Tear Resistance (ASTM D624): 140%.  5. Water Permeability: 0.4 gal/yd2/second. 2. Manufacturer’s written specifications and manufacturer’s sales brochure marked to annotate the specific product to be utilized. 3. Statement of compliance with volatile emission regulations for all components, including adhesive systems or binders. 4. Materials Safety Data Sheet shall be submitted for the proposed product. 5. Manufacturer and installer must submit proof of liability insurance. RFP 8164 Playground Surfacing Construction Services Page 9 of 19 6. Guarantee and written warranty for materials and installation for no less than 10 years. 7. Submit a representative sample of the product and the recommended manufacturer’s installation instructions. SITE CONDITIONS If Installer is responsible for the completion of the subsurface in the area where the poured-in- place rubberized surfacing is to be applied, the Installer shall: 1. Establish and maintain required lines and elevations for grade. 2. Sub-base shall slope to provide positive drainage at a minimum of 1” per 10’ and shall not pond water at any location. 3. If surfacing is to be laid on a stone base, provide subsurface drainage where shown on plans. 4. Materials shall be delivered in clearly labeled unopened containers. 5. Materials shall be stored and handled in a manner that will insure protection from weather. 6. Materials stored on site shall be protected by use of barricades and fencing. 7. Environmental Requirements: Install surfacing system when minimum ambient temperature is 40 degrees F and maximum ambient temperature is 90 degrees F. Do not install in steady or heavy rain. PRODUCT Provide a base layer and top wearing course to meet critical fall height standards for CPSC and ASTM guidelines for maximum height of play structures provided by the owner. 1. Cast-in-place surfaces shall be manufactured on site of UV stabilized polyurethane and rubber granules, no less than specified thickness. 2. Basemat – 100% recycled SBR (Styrene Butadiene Rubber), free of all dust and extraneous fiber, metal and similar substances and urethane. Foam rubber fillers are not acceptable. 14% urethane, 86% rubber (based on entire rubber & urethane mix). 3. Top surface – 100% new EPDM (Ethylene Propylene Diene Monomer) rubber, peroxide cured, UV stabilized; size 1-3 mm. with aliphatic urethane binder. 18% urethane, 82% rubber (based on entire rubber & urethane mix). 4. Color to be determined by owner. EXECUTION When laying surfaces on a compacted stone base, proof-roll prepared sub-base surface immediately prior to paving to check for unstable loose areas and areas requiring additional compaction. Compact the base material as required to secure moisture content and a uniform compaction of not less than 90%. Compacted stone base should be water permeable and sub- grade should allow for free drainage by weeps and/or slumps. When laying surfaces on asphalt or concrete, be assured that the surface is fully cured for no less than 30 days for asphalt and 7 days for concrete, clean of dust and debris, oil free and dry. Fill and patch any surface irregularities with structural bonding type fillers. RFP 8164 Playground Surfacing Construction Services Page 10 of 19 1. Do not proceed with playground surfacing installation until all applicable site work, including substrate preparation, fencing, playground equipment installation and other relevant work, has been completed. 2. Notify owner of unsatisfactory conditions. Do not begin laying paving until deficient sub- base areas have been corrected and are ready to receive paving. 3. Plan the layout and placement of varying thickness zones by string line, chalk line and grade stakes to provide reference points throughout the installation process. 4. Follow manufacturer’s instructions for installation.  Basemat Installation: o Using screeds and hand trowels, install the basemat at a consistent density of 29 pounds, 1 ounce per cubic foot (466 kg/m3) to the specified thickness. o Allow basemat to cure for sufficient time so that indentations are not left in the basemat from applicator foot traffic or equipment. o Do not allow foot traffic or use of the basemat surface until it is sufficiently cured.  Primer Application: Using a brush or short nap roller, apply primer to the basemat perimeter and any adjacent vertical barriers such as playground equipment support legs, curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L).  Top Surface Installation: o Using a hand trowel, install top surface at a consistent density of 58 pounds, 9 ounces per cubic foot (938 kg/m3) to a nominal thickness of 1/2″ (12.7 mm). o Allow top surface to cure for a minimum of 48 hours. o At the end of the minimum curing period, verify that the top surface is sufficiently dry and firm to allow foot traffic and use without damage to the surface. o Do not allow foot traffic or use of the surface until it is sufficiently cured. 5. Taper edges to existing, surrounding surfaces when shown on plan. 6. Finished site shall be free of tools, equipment, unused materials and debris; broom area clean. PROTECTION Contractor to provide fencing and barricades that shall protect finished surfaces. Owner will provide reasonable supervision on site after hours. Cure shall be no less than manufacturer’s recommendations. FINAL INSPECTION Manufacturer’s sales representative and/or installer must attend a follow up inspection with a City of Ft. Collin’s Certified Playground Safety Inspector prior to acceptance of the installation. RFP 8164 Playground Surfacing Construction Services Page 1 of 19 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "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 any project Work Orders for , issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated herein by this reference. A general scope of services is attached hereto as Exhibit “B", consisting of ( ) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 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 Professional and mailed no later than thirty (30) days prior to contract end. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the 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 address: Professional: City: Copy to: RFP 8164 Playground Surfacing Construction Services Page 2 of 19 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 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance 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. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon approval of the Professional's direct 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. 8. 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. 9. Project Drawings. Upon conclusion of the project 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, prepared on stable mylar base material using a non-fading process to provide for long RFP 8164 Playground Surfacing Construction Services Page 3 of 19 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. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, 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. 11. 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. 12. Subcontractors. 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 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. 13. Personal Services. It is understood that the City enters into this 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 this Agreement without the prior written consent of the City. 14. 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. 15. 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. RFP 8164 Playground Surfacing Construction Services Page 4 of 19 16. 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. 17. 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. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. 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. 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. 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. RFP 8164 Playground Surfacing Construction Services Page 5 of 19 d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that 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 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. 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. f. If 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, Professional shall be liable for actual and consequential damages to the City arising out of 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 Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. 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) pages, attached hereto and incorporated herein by this reference. RFP 8164 Playground Surfacing Construction Services Page 6 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8164 Playground Surfacing Construction Services Page 7 of 19 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ RFP 8164 Playground Surfacing Construction Services Page 8 of 19 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. RFP 8164 Playground Surfacing Construction Services Page 9 of 19 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.