HomeMy WebLinkAboutRFP - 8213 PLAYGROUND MANUFACTURER FOR SE COMMUNITY PARKRFP 8213 Playground Manufacturer for SE Community Park Page 1 of 18
REQUEST FOR PROPOSAL
8213 PLAYGROUND MANUFACTURER FOR SE COMMUNITY PARK
The City of Fort Collins is requesting proposals from qualified firms to manufacture the play
equipment for the new Playground at Southeast Community Park, 5480 Ziegler Road, Fort
Collins, CO 80528. The scope of work relates to manufacturing of the play equipment from the
design schematics and specifications attached in this Request for Proposal for the Southeast
Community Park.
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, 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), January 15, 2016 and referenced as Proposal No. 8213. 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 Craig Kisling at (970) 221-6367
or ckisling@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 Craig Kisling, with a copy to
Elliot Dale, no later than 5:00 PM our clock on January 7, 2016. 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 8213 Playground Manufacturer for SE Community Park Page 2 of 18
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 8213 Playground Manufacturer for SE Community Park Page 3 of 18
REQUEST FOR PROPOSAL
8213 PLAYGROUND MANUFACTURER FOR SE COMMUNITY PARK
I.INTRODUCTION
The City of Fort Collins Park Planning Department is soliciting proposals from qualified
playground manufactures to manufacture the play equipment for the new playground at
Southeast Community Park, 5480 Ziegler Road, Fort Collins, CO 80528. The scope of work
relates to manufacturing of the play equipment from the design schematics attached in this
Request for Proposal.
It’s the City’s intention to select a manufacturer based on the submitted proposals. Upon
selection of the manufacturer, the City will proceed with having the manufacturer produce
and supply the play equipment to the General Contractor for the Southeast Community Park
Project. The City’s solicitation for the General Contractor will specify the manufacture of the
play equipment selected from this Request for Proposal. The procurement of the play
equipment from the manufacture will be by the City of Fort Collins but will be delivered on
site to the General Contractor for the Southeast Community Park in the spring of 2017; to be
installed by a certified playground installer that will be sub-contracted by the General
Contractor for Southeast Community Park. Installation of the playground is not within the
scope of this Request for Proposal.
The vendor’s proposal must include all of the required resources to design, fabricate,
manufacturer, ship equipment to the park site and provide on-site consultation to the
General Contractor during the playground installation.
II.PROJECT DESCRIPTION AND SCOPE OF WORK:
The proposers shall manufacture the play barn structure with all barn seating, attached play
items, all play equipment that is designed to be attached to or fit inside of the existing and
provided silos, and all the proposed play equipment in the barn yard with all play elements
shown on the attached design schematic drawings. The modifications shown on the
drawings to the existing silos, such as windows, doors, slide and park name openings, as
well as all structural reinforcement and structural attachments for play elements will be
executed by the General Contractor for the park. All playground surfacing will be provided
and installed by the General Contractor for the park.
The design of the new play equipment must fully comply with the current Americans with
Disabilities Act (ADA) and all local building codes. In addition, the playground design should
follow CPSC regulations and be IPEMA certified to ASTM standards. A detailed layout plan
for the installation of the playground will be a requirement of this project.
As stated in the Introduction, based on this Request for Proposal, the City of Fort Collins,
Park Planning Department intends to select the manufacturer for the playground equipment
only. A separate solicitation will be issued based on years of experience, types of
playground equipment installation and an award will be made to a vendor to install the
manufactured playground equipment under the General Contractor for the Southeast
Community Park. Proposers are encouraged to propose how and in what order the play
equipment will need to be installed.
This project will be initiated immediately after an award has been made to the vendor for the
manufacturer of the playground equipment. The goal of the City’s Park Planning Department
is to have the playground delivered no later than May 1, 2017.
RFP 8213 Playground Manufacturer for SE Community Park Page 4 of 18
III.CONDITIONS AND INSTRUCTIONS TO THIS PROPOSAL
A. MANUFACTURER SELECTION PROCESS AND PROJECT SCHEDULE:
It is the City’s intent to hire a single playground manufacturer capable of performing the
following:
Design engineering, custom play equipment design, producing shop drawings,
knowledge of current ADA and local building codes, CPSC regulations and be
IPEMA certified to ASTM standards.
Playground manufacturers should make sure to address their capabilities, experience
and expertise in all of these areas.
The Contract will be set up as a fixed cost with milestone payments. Cost is one of the
rating criteria categories. However, the City will not award the contract based solely on
cost.
On time delivery is imperative for this project. Manufacturers must explain their approach
and delivery strategy to ensure an efficient schedule. Manufacturers shall submit a
detailed project schedule outlining all phases of the project including critical milestone
dates. The City has listed anticipated dates for the Manufacturer Selection and Project
Schedule as noted below.
Manufacturer Selection Process:
RFP Available to the Public Week of December 21, 2015
Questions Deadline January 7, 2016
RFP Submittal Deadline January 15, 2016
Conduct Interviews (if needed) Week of January 25, 2016
Select and Notify Consultant Week of February 1, 2016
Project Schedule:
It is the City’s goal to begin park construction by April of 2016 and be ready to install
the play equipment by May 1, 2017. The City requires the play equipment shop
drawings to be completed and submitted to the City by October 1, 2016. Below is a
tentative schedule meeting this goal. We are interested in your proven ability to
meet or exceed this schedule.
Project Kick-Off Coordination Meeting February – March, 2016
Status Update Meeting April– May, 2016
Status Update Meeting (50% design documents) June– July, 2016
Status Update Meeting August– September, 2016
100% Shop Drawings October 1, 2016
Site Delivery of Play Equipment On or before May 1, 2017
RFP 8213 Playground Manufacturer for SE Community Park Page 5 of 18
The manufacturer’s schedule shall clearly indicate “critical path work items”.
Proposing teams must explain their approach and strategy to ensuring this schedule
is met.
B. PROPOSAL SUBMITTAL REQUIREMENTS:
All respondents are required to include the following information in this order as a
minimum.
1. Project Understanding: Provide a brief summary of your understanding of the
project.
2. Approach: Describe your recommended approach to achieve each of the tasks
outlined in the Scope of Work described above. Firms are encouraged to think
beyond the outlined Scope of Work and provide innovative and cost effective ideas
to create a successful plan.
3. Deliverables: A complete description of the proposed playground for Southeast
Community Park. In addition, include the following components of the playground:
a. Product cut-sheets for play components
b. Preliminary specifications
c. Manufacturer’s literature
d. Warranty information – detailed description of the warranty coverage
e. Preliminary project schedule with major milestones including design,
manufacture and delivery
4. Team Profile: Provide relevant information regarding the team you propose to work
on this project including:
a. Overview of firm(s)
b. Example of recent and relevant projects with location and reference contacts
c. People (availability, commitment). Proposed team organization (org chart) of
key personnel with titles and specific tasks
d. Company references with at least three (3) references from companies or
agencies that have purchased playgrounds from your company and have owned
the product for at least one (1) year. The company’s name and address, a
contact name, title, phone number, and explanation of the project must be
included with the reference information.
e. List any and all liens or unsatisfied judgments presently existing against your firm.
If your firm has no liens or unsatisfied judgments you must also state this.
5. Schedule: Provide a detailed project schedule showing key milestones, deliverable
dates and meetings.
6. Costs: Manufacturer shall submit estimated costs to design, manufacture and
deliver the playground itemized per below elements. The estimated cost shall be the
Guaranteed Maximum Price (GMP) for the project. The final project cost shall be
determined by 100% Shop Drawings.
RFP 8213 Playground Manufacturer for SE Community Park Page 6 of 18
a. Cost estimate to manufacture play barn and all play items included in and
attached to the barn
b. Cost estimate for silo play items in and on silos
c. Cost estimate for all barn yard play items.
Also include:
a. Manufacturer’s hourly rates and reimbursable expenses, including profit and
overhead
b. Sub-consultant’s and sub-contractor’s hourly rates, applicable mark-ups
and reimbursable expenses
The City is not responsible for the proposer’s failure to provide information and
pricing on required items. The submitted pricing must include all of the costs required
to provide and deliver the play equipment. Any costs not included in the submitted
proposal that are required to provide the play equipment, will be the responsibility of
the selected proposer. These costs include, but are not limited to, labor, materials,
equipment, delivery, shipping, etc.
C. GENERAL REQUIREMENTS:
1. Professional workmanship shall meet or exceed existing industry standards. All
materials and/or service shall comply with applicable OSHA regulations in effect at
the time materials are shipped and/or the service is performed. Material Safety Data
Sheets (MSDS) are required in accordance with applicable regulations. Material
Safety Data Sheets must be left on site immediately after materials and/or services
have been provided.
2. Unless otherwise specified, the vendor shall unconditionally guarantee the materials
and workmanship of the playground for a minimum period of two (2) years from the
date of installation and final acceptance. If any defects or signs of deterioration are
noted which in the City’s opinion are due to faulty workmanship or materials, the
vendor, upon notification and at his/her expense, shall promptly repair and/or replace
the playground or the defective areas of the playground. The replacement of the
playgrounds shall be made only at such time as shall be designated by the City as
least detrimental to the operation of City business.
3. Failure of the vendor to provide materials and services within the time specified,
unless extended in writing by the City, or failure to replace rejected materials when
so directed by the City shall constitute delivery failure. When such failure occurs the
City reserves the right to cancel or adjust the contract, whichever is in the best
interest of the City. In either event, the City may purchase in the open market
materials and services of comparable worth to replace the articles rejected or not
delivered. On all such purchases, the vendor shall reimburse the City, within
reasonable time specified by the City, and for any expense incurred in excess of
contract prices, or the City may deduct such amount from monies owed the vendor.
If the contract is not cancelled, such purchases shall be deducted from the contract
quantities. The City reserves the right to accept materials delivered which do not
meet specifications, subject to an adjustment in price to be determined by the City.
RFP 8213 Playground Manufacturer for SE Community Park Page 7 of 18
4. The vendor shall be responsible for any materials and services covered by this
contract until delivery, inspection, and installation of materials at the designated point
and acceptance by the City of Fort Collins. In addition, the vendor shall bear all risk
for rejected materials and services after written notice of rejection. Rejected
materials and services shall be replaced by and at the expense of the vendor after
written notification of rejection. Upon vendor’s failure to replace materials within the
time frame identified, the City may return the rejected materials to the vendor at the
vendor’s risk and expense, or the City may dispose of them as its own property.
5. Final inspection of materials and services shall be conclusive except as regards to
latent defects, fraud, or such gross mistakes that amount to fraud. Final inspection
and acceptance or rejection of the materials and services shall be made within a
reasonable time after delivery, but failure to inspect and accept or reject materials
and services shall not impose liability on the City if such materials and services are
not in accordance with the specifications. All materials delivered to the City shall be
accepted subject to inspection and physical count.
6. Proposers are expected to fully inform themselves as to the conditions,
requirements, and specifications before submitting a proposal. The submission of a
proposal by the vendor implies the vendor’s acceptance of the terms and conditions
of this Request for Proposal, unless otherwise stated.
7. The City reserves the right to request an interview/oral presentation from selected
vendors at no cost to the City.
8. The vendor is responsible for all costs related to the preparation of this proposal.
9. Any costs to the City of Fort Collins not specifically set forth in this Request for
Proposal will be the responsibility of the vendor, and will be deemed included in the
fees and charges bid herein. This includes, but is not limited to, costs associated
with design, manufacturer and delivery.
10. The format of the vendor’s proposal must be consistent with the format of the
specifications listed.
11. All prices shall be F.O.B. destination and shall include all charges that may be
imposed in providing the equipment to the General Contractor responsible for
installing the equipment.
12. Responses may be rejected if the vendor fails to perform any of the following:
a. To adhere to one or more of the provisions established in this Request for
Proposal
b. To demonstrate competence, experience, and ability to provide the manufactured
equipment described in this Request for Proposal
c. To submit a response on or before the deadline and complete all required forms
d. To respond to a written request for clarification or additional information
e. To fulfill a request for an oral presentation
RFP 8213 Playground Manufacturer for SE Community Park Page 8 of 18
13. The selected proposer will be required to provide the City with complete, signed, and
sealed plans and specifications from an architect or engineer licensed in the State of
Colorado. The plans and specifications must be included in the price to manufacture
and supply the equipment.
D. PLAYGROUND MANUFACTURER SELECTION:
1. All proposals must be complete to be considered for this project.
2. The City reserves the right to qualify, accept, or reject any or all vendors as deemed
to be in the best interest of the City. The City of Fort Collins reserves the right to
accept or reject any or all proposals and to waive irregularities or technicalities in any
proposal when in the best interest of the City. The City of Fort Collins reserves the
right to accept or reject any exception taken by the vendor to the terms and
conditions of the request for proposal.
3. Consideration may be given to, but not limited to, ability to replicate the design and
functionality of the playground design, warranty/product reliability, product delivery
time, references and qualifications of the vendor, and pricing.
4. It is the City’s intent to select the playground manufacturer within thirty (30) working
days of the proposal due date.
IV.PROPOSAL EVALUATION PROCESS:
Each proposal submitted stands alone and will be evaluated on its own merits in
terms of meeting the City’s requirements and terms and conditions, pricing, and overall
responsiveness to the Request for Proposal. The evaluation committee may conduct
discussions with any vendor that submits an acceptable or potentially acceptable proposal.
Vendor shall be accorded fair and equal treatment with respect to any opportunity for
discussion and revision of proposals. During the course of the discussions, the evaluation
committee shall not disclose any information derived from one proposal to any other
vendor. The evaluation committee reserves the right to request the vendor to provide
additional information during this process.
An evaluation committee will independently evaluate the merit of proposals received in
accordance with the evaluation factors defined in the RFP. Failure of the proposer to provide
any information requested in the RFP may result in disqualification of the proposal and shall
be the responsibility of the proposer. The evaluation process shall be based on a 50 point
scale. The proposal that accrues the highest point total shall be recommended for award.
“Vendor submission of a proposal implies vendor acceptance of the evaluation
technique and vendor recognition that some subjective judgments shall be made by
the City of Fort Collins during assignment of points.”
A. 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.
RFP 8213 Playground Manufacturer for SE Community Park Page 9 of 18
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
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?
RFP 8213 Playground Manufacturer for SE Community Park Page 10 of 18
Definitions
Sustainability: To systematically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future
generations without compromising the ecosystems on which we depend. The City's
Sustainability Services Area consists of Environmental Services, Social Sustainability
and Economic Health.
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 TBL by Andrew Savitz 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 (Top Rated 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?
V. ATTACHMENTS
1. Schematic Design Drawings
RFP 8213 Playground Manufacturer for SE Community Park Page 11 of 18
VI.SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY)
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 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 "B",
consisting of ( ) page , 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 , 200 , and shall continue in
full force and effect until , 200 , unless sooner terminated as herein provided.
In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed ( ) additional one year periods. Renewals and
pricing changes shall be negotiated by and agreed to by both parties. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
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
RFP 8213 Playground Manufacturer for SE Community Park Page 12 of 18
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 , 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
RFP 8213 Playground Manufacturer for SE Community Park Page 13 of 18
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
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.
RFP 8213 Playground Manufacturer for SE Community Park Page 14 of 18
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 Director of Purchasing and Risk Management, P. O. Box 580, Fort
Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
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
knowingly employs or contracts with an illegal alien to perform work under this
RFP 8213 Playground Manufacturer for SE Community Park Page 15 of 18
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. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
RFP 8213 Playground Manufacturer for SE Community Park Page 16 of 18
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
RFP 8213 Playground Manufacturer for SE Community Park Page 17 of 18
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.
RFP 8213 Playground Manufacturer for SE Community Park Page 18 of 18
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.
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 PREPARED BY: DVB PAGE: 1 of 14
Southeast
Community Park
Page Index
1. Cover Page
2. Master Plan
3. Barn Dimensional Views
4. Barn Elevations
5. Barn Details - Level 1
6. Barn Details - Level 2
7. Barn Component Details
8. Barn Component Details
9. Barn Component Details
10. Barn Component Details
11. Silo Dimensional Views
12. Silo Component Details
13. Interactive Helical Climber
14. Custom Sculpture Swings
Cover Page
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 PREPARED BY: DVB PAGE: 2 of 14
NORTH
Barn
Custom Sculpture Swings
Silo #2
Silo #1
Spinning Rope Climb
Overhead Climber
Interactive Geared Helical
Climber, Roller Slide &
Ergonomic Climber
Master Plan
Multi-user Cable Ride
Spinning Capsule
SOUTH
WEST
EAST
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 PREPARED BY: DVB PAGE: 3 of 14
North Elevation
Barn Elevations
East Elevation
South Elevation
West Elevation
20'-0" 20'-0" 20'-0"
20'-0"
14'-10"
28'-6"
10'-0"
36'-0"
20'-6"
9'-6"
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Dimensional Views PREPARED BY: DVB PAGE: 4 of 14
NW Dimensional View
SE Dimensional View NE Dimensional View
SW Dimensional View
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Details - Level 1 PREPARED BY: DVB PAGE: 5 of 14
Plan View
60'-0"
Flexible Climber
Cargo Net Climber
Seating Area
Mouse Climb Alternating Tower
Seating Area
Double Slide
Rain Wheel
Chimes
Accessible Ramps
Accessible Stairs
Small "S" Slide
Multi-Level
Hay Bale Climber
Rung Climber
Gear Panel
Communication Tube
Periscope
Pneumatic Elevator
Moving Stepping Pods
Interactive Electronic
Game Panel
48" 48"
72"
36"
36'-0"
20'-0" 20'-0" 20'-0"
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Details - Level 2 PREPARED BY: DVB PAGE: 6 of 14
Plan View
60'-0"
48"
72"
36'-0"
20'-0" 20'-0" 20'-0"
Mouse Climb
Wire Mesh 180~
Crawl Tube
Mouse Climb
Wire Mesh "S"
Crawl Tube
(Below)
180"
108" 180"
108"
Flexible "V" Bridge
Industrial Look-out
Communication Tube
Storage Silo Spiral Tube Slide
"S" Slide
Interactive Electronic
Game Panel
Gear Maze Panel
Rope Bridge to Silo #1
Industrial Stairs
Loft
Mouse Climb
Alternating Tower
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Component Details PREPARED BY: DVB PAGE: 7 of 14
Mouse Climb Alternating Climber
Flexible "V" Bridge
Cargo Net Climb
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Component Details PREPARED BY: DVB PAGE: 8 of 14
Loft
Rung Climber
Multi-Level Hay Bale Climber
Flexible Climber
Spiral Tube Slide
Telescope
Industrial Look-out Platform
Industrial Stairs
Pneumatic Elevator
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Component Details PREPARED BY: DVB PAGE: 9 of 14
Loft
Porch
Porch
Chimes
Rain Wheel
DBL Slide
Periscope
Interactive Electronic Game Panel
Gear Panel
Communication Tube
"S" Slide
Moving Pods
Gear Maze
Puzzle Panel
Interactive Electronic
Game Panel
Accessible Slide
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Barn Component Details PREPARED BY: DVB PAGE: 10 of 14
Rope Bridge
Rope Bridge to Silo #1
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Silos PREPARED BY: DVB PAGE: 11 of 14
Silos
Silo #2 Silo #1 Silo #1 Silo #2
Opening for the
Rope Bridge to
the Barn
Entry/Exit
Entry/Exit
Access Door
Window
18'-6"+-
48'-0"+-
Window
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Silo Component Details PREPARED BY: DVB PAGE: 12 of 14
Silos
Silo #1 Outline
Silo #2 Outline
Silo #2 Outline
Silo #1 Outline
Spiral Tube Slide
27'-0" Deck
Helical Bean Climber
24'-0" Platform
Look-out
16'-0" Deck
8'-0" Deck
Spiral Stairs
Spiral Cargo Climb
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Interactive Helical Climber etc. PREPARED BY: DVB PAGE: 13 of 14
Interactive Geared Helical Climber, Roller Slide & Ergonomic Climber
48"
15'-0"+-
21'-0"+-
9'-6"+-
Platform
Roller Slide
Ergonomic Stair Climber
Interactive Geared Helical Climber
12/02/2015 Fort Collins Southeast Community Park Project Number 9258 Custom Sculpture Swings PREPARED BY: DVB PAGE: 14 of 14
Custom Sculpture Swings
48'-0"
8'-0"
Accessible Swing
Infant Swing
Belt Swing