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HomeMy WebLinkAboutRFP - 8641 PLAYGROUND DESIGNER AND MANUFACTURER FOR CITY PARK REFRESHRFP 8641 Playground Design and Manufacturer for City Park Refresh Page 1 of 25 REQUEST FOR PROPOSAL 8641 PLAYGROUND DESIGNER AND MANUFACTURER for CITY PARK REFRESH The City of Fort Collins is requesting proposals from qualified firms to provide playground equipment design, manufacturing and installation for City Park Refresh. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), January 11, 2018 and referenced as Proposal No. 8641. 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 Project Manager, Jennifer Torrey at (970) 221-6303 or jtorrey@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Senior Buyer at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Jennifer Torrey , with a copy to Elliot Dale, no later than 5:00 PM our clock on December 15, 2017. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Firms are allowed to submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the firm will redact all text and/or data that it wishes to be considered confidential and denote the information as “proprietary” or “confidential”. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or 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 8641 Playground Design and Manufacturer for City Park Refresh Page 2 of 25 service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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 8641 Playground Design and Manufacturer for City Park Refresh Page 3 of 25 REQUEST FOR PROPOSAL 8641 PLAYGROUND DESIGN AND MANUFACTURER for CITY PARK REFRESH I. SECTION 1 – OVERVIEW AND PROJECT BACKGROUND This Request for Proposal is issued to provide services for playground design, manufacture and installation for the City Park Refresh. A. Overview On behalf of the Park Planning and Development Department, the City of Fort Collins is seeking qualifications for a Playground Designer and 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, who can supply and assemble commercial grade play equipment for the new playground for City Park Refresh in Fort Collins, Colorado. City Park Refresh is a 15-acre renovation within the 76-acre existing community park, located south of W. Oak Street, north of W. Mulberry Street, and west of Jackson Avenue (See Attachment A – map of work limits for City Park Refresh improvements). City Park Refresh will be a multi-phased design and manufacture/installation effort. It is the intent of the City to build the playground in the first phase of construction. However, it is possible the playground could be installed in multiple phases. The City’s intent is to hire one Playground Designer and Manufacturer for all phases of City Park Refresh. The City anticipates the scope of work will be divided into several separate contracts: ▪ Design of playground - to be contracted with City of Fort Collins; ▪ Fabrication, Shipping and Installation of playground - to be contracted with the selected Construction Manager/General Contractor (CM/GC); contract amount to be negotiated once design is complete. Through separate RFP processes, the City will select a Professional Architect / Engineer design team for park improvements and a CM/GC for pre-construction and construction services. The architect-engineer design team will be selected prior to the selection of the Playground Designer and Manufacturer. The CM/GC will be selected concurrently with the Playground Designer and Manufacturer. CM/GC is a contracting method that involves the contractor in the design process. The selected CM/GC will work in a partnership with City of Fort Collins, the architect – engineer design team and the selected Playground Designer and Manufacturer. The focus is on a partnership and a collaborative design development to minimize risk, improve the construction schedule, promote innovation, and a cost-efficient construction. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 4 of 25 B. Background City Park plays an important role in the Fort Collins community. It has provided citizens a place to recreate, reflect and celebrate for over 104 years. It was designed in keeping with the City Beautiful movement with a pastoral style of broad green spaces and groves of trees. It is important to respect the Park’s history while considering the Park’s future needs and potential. It offers the following recreational amenities: outdoor pool, lake, boardwalk, trails, tennis courts, pickle ball courts, baseball field, softball field, basketball court, multi-use play fields, passive recreation, parking, restrooms, picnic facilities, playgrounds, pottery studio, Club Tico, trolley ticket booth and trolley station, and a self- guided arboretum tour. Many of these facilities / park components are in need of replacing or upgrading. In addition, as components have been added to the park over time, conflicts between park user groups have developed. In order to better understand the needs of the park, an analysis of City Park and how it is currently used was performed. In addition, a public outreach process was conducted to identify the current and future needs of the park. A series of public meetings and public outreach events were conducted in 2016. From this process, ten goals for future improvements in the park were identified: 1) Respect history and character of City Park 2) Improve pedestrian safety near City Park pool 3) Improve sense of place 4) Incorporate a new City Park Train 5) Improve the playground 6) Add or improve restroom 7) Improve entry to Club Tico 8) Provide safe, convenient parking 9) Enhance bicycle and pedestrian connections and facilities 10) Add or enhance picnic shelters From this, a series of conceptual ideas for refreshing the park were created and presented to the public at a variety of events and meetings. Citizen survey responses to the various concepts developed, along with the 10 goals, were the guiding force behind the development of a Conceptual Master Plan for City Park (See Attachments B and C). For more information, including conceptual designs and concept images, visit our web site for City Park Tomorrow. https://www.fcgov.com/parkplanning/cityparktomorrow.php II. SECTION 2 –PROJECT DESCRIPTION AND PROJECT FUNDING A. Project Description The City is seeking a unique play experience that cohesively fits within the mature park and is integrated into the highly valued existing trees (See Attachment D). These trees are over 60 feet in height and include oak, ash, elm and other species of trees. The conceptual idea generated for the playground is to provide a playground experience that replicates the experience of being up in the tree canopy. Features of the playground RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 5 of 25 should enable users to move from the ground floor of the forest up into to the understory of the existing trees. The playground should use colors, materials and textures that blend with and compliment those found in nature. Integration of nature sounds (i.e. crickets, birds, wind), animal footprints / tracks, and/or other features should be considered to emphasize the feeling of being in the woods. The playground should encourage un-programmed play. Pedestrian circulation routes should meander through the trees and play elements so that some play features are “discovered” as you come further into the grove of trees or playground. A major feature of the playground should be to allow users to climb to heights within or near the tree canopy. Please refer to Attachment E for playground character image ideas. In addition, integrating the playground into the existing tree grove must preserve and protect the highly valued trees and their roots systems. This will require creativity and ingenuity to have a minimal ground level impact for structures within the existing tree grove. Key playground objectives include the following: ▪ Preserve the integrity of existing trees and root systems; ▪ Capture shade on play elements from existing trees; ▪ Elevate play elements to provide the experience of being “in the trees;” ▪ Network connected play experiences within the trees; ▪ Tall slides, climbers, and other play elements create play circuits; ▪ Materials and finishes complement and integrate with the existing tree environment; ▪ High play value provided with a variety of equipment types, including unstructured play opportunities and non-traditional playground structures (i.e. boulders, logs, stumps, net climbers, sculptural components, etc.); ▪ “Green” construction practices and materials encouraged (LEED or other green certification). The Playground Designer and Manufacturer will be responsible for the design, engineering, ADA compliance, and cost estimating support to the CM/GC necessary for completion of the playground project from schematic design to shop drawings to manufacturing and installation. The selected Playground Designer and Manufacturer is expected to coordinate with City Park Planning and Development and the selected CM/CC on how, and in what order, the play equipment will need to be installed. The selected CM/GC will be responsible for preparing the existing site, including establishment of subgrades and installation of site work (access ramps, drainage systems, adjacent concrete sidewalks and playground safety surfacing). The design of the new play equipment must comply with the current Americans with Disabilities Act (ADA), local building codes, and current state and local licensing requirements in the design of the playground components and structures. In addition, the playground design should follow CPSC regulations and be IPEMA certified to ASTM RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 6 of 25 standards. A detailed layout plan for the installation of the playground will be a requirement of this project (layout to be provided to the City in AutoCAD compatible format). As part of the City Park Refresh project, the existing playgrounds are to be removed (removal is excluded from this scope of service) and new play equipment is desired in an alternative location within the park. The current play areas comprise roughly 30,000 sf in area. The new play area is anticipated to be roughly 15,000 sf in size. This project will be initiated immediately after an award has been made to the Playground Designer and Manufacturer for the design, manufacturing, delivery and installation of the playground equipment. The City currently anticipates installation of the playground in the first phase of construction, which will include other public improvements within the park. However, if funding does not allow for installation of the complete playground in a first phase of construction, the Playground Designer and Manufacturer should be prepared to work with the Park Planning and Development and the selected CM/GC on a recommended phasing strategy. B. Project Funding The playground budget is approximately $400,000. This budget includes funds for the design, manufacturing/fabrication, delivery, installation and independent safety audit of the play equipment. In addition, this sum includes cost for installation of the playground surfacing, playground edging and playground drainage as required (to be provided by the CM/GC). The City has budgeted additional funds for playground related items outside the scope of this RFP, such as: sidewalks, benches and site lighting. III. SECTION 3 – SCOPE OF WORK The following is an outline of a general scope of work for the Design Contract (tasks one and two) and the Fabrication, Shipping and Installation Contract (tasks three and four). The Playground Designer and Manufacturer shall perform or coordinate the following activities: design, fabricate, manufacturer, ship and install equipment to the park site, as well as providing a third-party audit for the installed playground. The proposal must identify if it is the Playground Designer and Manufacturer’s preference to use a local, certified playground installer to install the playground or install themselves. In either installation scenario, the Playground Designer and Manufacturer will be required to contract with the selected CM/GC for the project once design is complete and throughout manufacturing, fabrication, delivery, installation and safety audit. Additional tasks that the Playground Designer and Manufacturer determine necessary to assure a good deliverable design product and ultimately a high-quality playground should be addressed in the proposal. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 7 of 25 A. Task One – Playground Design Development 1. Attend a project kick-off meeting – to review and discuss existing conditions, conceptual park master plan, project scope, schedule, important project milestones and to visit the project site. 2. Work with City staff to refine and advance the playground concept design. 3. Participate in budgeting / value engineering as needed for the playground. B. Task Two – Playground Shop Drawings 1. Attendance at and participation in progress meetings (attendance may be via conference call / skype video conferencing). 2. Prepare and provide progress plans and supporting documents of the playground design as it progresses. 3. Participate in budgeting / value engineering as needed for the playground. 4. General Components: ▪ Swings (for a variety of ages, include ADA swing); ▪ Play experiences for ages 2-5 and 5-12; ▪ Custom designed element(s) that create a unique identity for the playground building off the theme of the tree canopy and forest; ▪ Spinners, slides, crawl tubes, net/rope climbers, spring rides; ▪ Musical/sound components (optional); ▪ Unique play panels / elements (optional). 5. Design and detailing for safety surfacing (i.e. poured-in-place, EWF, tiles). 6. Coordination with Park Planning and Development and the selected CM/GC. C. Task Three – Playground Fabrication 1. Playground to meet safety standards provided in Section 6 – General Guidelines and Requirements. 2. Coordination with Park Planning and Development and the selected CM/GC. 3. Provide progress updates that may include photographs, email, and progress status. 4. Completion of playground fabrication based on pre-determined milestones agreed upon with the City and the CM/GC. D. Task Four – Playground Installation 1. Coordination with Park Planning and Development and the selected CM/GC. 2. Materials should be durable, high quality and suitable for the Colorado climate. 3. Hardware used in the assembly of components such as bolts, nuts, screws, spacers, washers and other hardware shall be either yellow dichromate-plated or stainless steel and tamper resistant or better. All hardware must be included. 4. Manufacturer must submit proof of compliance to: a. U.S. Consumer Product Safety Commission publication entitled “Handbook for Public Playground Safety” b. American Society for Testing and Materials standard F 1487-01 entitled “Standard Consumer Safety Performance Specification for Playground Equipment for Public Use” c. Current DOJ 2010 - ADA Standards for Accessible Design & U.S. Access Board guidelines d. IPEMA certified playground equipment. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 8 of 25 5. Manufacturer’s sales representative and/or installer must attend a follow-up inspection with a Certified Playground Safety Inspector prior to acceptance of the installation. 6. Coordination of an independent, third-party auditor of play equipment after installation is completed and timely correction of all non-compliant items noted by the auditor. Selection of the auditor is subject to approval by the CM/GC and City. IV. SECTION 4 - SCHEDULE A. RFP Schedule (Please note: dates are tentative and subject to change) ▪ Advertise and Issue RFP December 01, 2017 ▪ Deadline to submit Questions December 15, 2017 at 5:00 pm ▪ Proposal due date January 11, 2018 at 3:00 pm ▪ Selection of Playground Service Provider Week of January 22nd, 2018 ▪ Notice to Proceed Late January 2018 B. Project Schedule ▪ Project Kick-Off Meeting Late January 2018 ▪ Playground Design February – September 2018 ▪ Status Update Meeting(s) February – September 2018 ▪ 100% Shop Drawings September - October 2018 ▪ Final Pricing / GMP October – December 2018 ▪ Mobilization January 2019 ▪ Playground Fabrication February – June 2019 ▪ Installation of Play Equipment June - September 2019 V. SECTION 5 - SUBMITTAL REQUIREMENTS Qualified Playground Designer and Manufacturer interested in performing the work described in this request for proposals must submit a complete proposal which addresses all elements of this RFP. Proposals to be submitted in an 8 ½” x 11” format. Pages are to be numbered. Page length not to exceed 30 double sided or 60 single pages. Graphics or charts than would not present well on 8 ½” x 11” size papers may be presented on 11” x 17” size paper. Cover pages, divider sheets, and Proposal Acknowledgement Form (See page 14 of RFP) are excluded from the page limit. Responses must include all items listed below. A. Project Understanding: Provide a summary of your understanding of the project, project complexities, project schedule, milestones, and project issues. B. Project Approach: Describe your recommended approach to achieve each of the tasks outlined in the scope of work described above. Include a description of what portion of the playground is proposed to include custom pieces versus off-the-shelf play pieces (and provide recommended manufacturers for off-the-shelf play pieces). Please clearly state if your company will install the playground, or if a local, certified installer will be installing the playground (if your firm doesn’t install, please identify who you propose to RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 9 of 25 install the play equipment). Firms are encouraged to think beyond the outlined Scope of Work and provide innovative and cost-effective ideas to create a successful plan. C. Company Overview: Provide a company overview description and indicate unique capabilities your organization will bring to this project, as indicated by prior successful completion of similar projects. List any liens or unsatisfied judgments presently existing against your organization. If your organization has no liens or unsatisfied judgments, please communicate this as well. D. Team Profile: Provide information regarding the team you propose to work on this project, including the availability and commitment of key personnel, with titles and tasks identified. Include experience addressing: recreation and play opportunities, maintenance considerations, public safety, environmental and utility challenges (for renovation within an existing park), and working in collaboration with a project design team including any experience with project completed under the CM/GC approach. Provide examples of similar sized and/or themed playgrounds, installed within the last 5 years for a minimum of 3 and maximum of 5 projects. Provide project location and references from companies or agencies that have purchased playgrounds from your company (and have owned the product for at least one year). Include contact’s name, title, address, telephone numbers and e-mail addresses. E. Deliverables: Provide a description of the proposed playground concept for City Park Refresh. In addition, include the following items: 1. Proposed Plan View of schematic design concept; 2. 3D Sketches / Perspectives for play design concept; 3. Preliminary specifications; 4. Product cut-sheets for play components; 5. Manufacturer’s literature; 6. Description of the proposed design concept and how it satisfies ADA requirements; 7. LEED or other green certification for construction practices or materials, if applicable; 8. Warranty information for coverage of playground equipment and installation. F. Schedule: Provide a project schedule based on installation completion by September 2019 (timing to be finalized in conjunction with the CM/GC schedule). 1. Include major milestones including design, manufacture and delivery; 2. Manufacturer’s schedule shall clearly indicate “critical path work items”; 3. Explain approach and delivery strategy to ensuring an efficient schedule is met. G. Costs: Playground Designer and Manufacturer shall submit an itemized estimated range of cost to develop the design, manufacture, deliver and install the proposed playground concept. The final playground cost shall be determined by 100% Shop Drawings. The Playground Designer and Manufacturer will contract with the City for design services and will contract directly with the CM/GC team for fabrication, delivery and installation. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 10 of 25 Please include the following items in the proposed cost: 1. Cost estimate (can be presented as a range in cost) for design efforts to complete shop drawings; include site visit(s), attendance at design team meetings, and collaboration with the design team in the design fees; 2. Cost estimate (can be presented as a range in cost) for fabrication, delivery and installation of proposed play equipment and components (costs shall be itemized to the greatest extent possible); 3. Cost estimate for third party audit of the installed playground; 4. Manufacturer’s hourly rates and reimbursable expenses, including profit and overhead; 5. Sub-consultant’s and sub-contractor’s hourly rates, including applicable mark- ups and reimbursable expenses. VI. SECTION 6 – GENERAL GUIDELINES AND REQUIREMENTS A. Proposals 1. Cost of Proposal Preparation. No reimbursement will be made by the City of Fort Collins for any costs incurred prior to a formal Notice to Proceed. 2. The City reserves the right to qualify, accept, or reject any proposals as deemed to be in the best interest of the City. The City of Fort Collins reserves the right to accept or reject any or all proposals and to waive irregularities or technicalities in any proposal when in the best interest of the City. The City of Fort Collins reserves the right to accept or reject any exception taken to the terms and conditions of the request for proposal. 3. The submission of a proposal implies acceptance of the terms and conditions of this Request for Proposal, unless otherwise stated. 4. The City reserves the right to request an interview/oral presentation at no cost to the City. 5. Any costs to the City of Fort Collins not specifically set forth in this Request for Proposal will be the responsibility of the Playground Designer and Manufacturer, and will be deemed included in the fees and charges proposed herein. This includes, but is not limited to, costs associated with design, manufacturer and delivery. 6. Responses may be rejected if any of the following are not performed: ▪ To adhere to one or more of the provisions established in this Request for Proposal; ▪ To demonstrate competence, experience, and ability to provide the manufactured equipment described in this Request for Proposal; ▪ To submit a response on or before the deadline and complete all required forms; ▪ To respond to a written request for clarification or additional information. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 11 of 25 B. Standards and General Information 1. The City of Fort Collins has developed a Building Design Standards Manual. Design will follow these standards unless exempted by the City. This manual is available online and can be viewed at: https://www.fcgov.com/opserv/design-standards.php 2. Professional workmanship shall meet or exceed existing industry standards. All materials and/or service shall comply with applicable OSHA regulations in effect at the time materials are shipped and/or the service is performed. Material Safety Data Sheets (MSDS) are required in accordance with applicable regulations. Material Safety Data Sheets must be left on site immediately after materials and/or services have been provided. 3. The selected Playground Designer and Manufacturer may be required to provide the City with complete, signed, and sealed plans and specifications from an architect or engineer licensed in the State of Colorado, for custom playground structures, depending on the final design. 4. The City of Fort Collins in exempt from all state taxation including state sales and use taxes. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 12 of 25 VII. SECTION 7 - REVIEW AND ASSESSMENT An evaluation committee will independently evaluate the merit of proposals received, according to the following criteria. The evaluation committee may conduct discussions with a Playground Designer and Manufacturer who submits an acceptable proposal. Playground Designers and Manufacturers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objectives, need for cooperative and collaborative working style, and desired results / outcome for the project? 2.0 Experience Has the proposer successfully completed previous playgrounds of this type, scope and complexity? Does the proposer have the resources, financial strength, capacity and required warranty to successfully complete the project on-time and in- budget? 2.0 Creativity Have the persons who will be working on the project, demonstrated through similar work, the ability to integrate creativity into design solutions and be responsive to the opportunities, constraints and sensitivities of working in an existing, highly used community park? 2.0 Cost Does the proposed cost compare favorably with the Project Manager's estimate? Does the proposal include itemized cost detail sufficient to evaluate cost? Are the labor rates, overhead and profit competitive? 1.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Does the firm have the support capabilities the assigned personnel require? 1.0 Availability Can the work be completed in the necessary time? Can important project milestones be met? RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 13 of 25 Reference Evaluation (Top Rated Company) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Playground Designer and Manufacturer again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Playground Designer and Manufacturer responsive to client needs; did the Playground Designer and Manufacturer anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did the installed playground meet the Scope of Work? Was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 14 of 25 Proposal Acknowledgement Form The Playground Designer and Manufacturer hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Playground Designer and Manufacturer hereby makes the following representations to the City: a. All of the statements and representations made in this proposal are true to the best of the Playground Design and Manufacturer’s knowledge and belief. b. The Playground Designer and Manufacturer has obtained all necessary authorizations and approvals that will enable the Playground Designer and Manufacturer to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Playground Designer and Manufacturer Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 15 of 25 VIII. SECTION 8 – LIST OF ATTACHMENTS Attachment ‘A’ – Work Limits for City Park Refresh Attachment ‘B’ – Conceptual Master Plan of City Park Refresh Attachment ‘C’ – Master Plan Core Area Improvements Attachment ‘D’ – Photographs of Existing Trees Attachment ‘E’ – Playground Character Images RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 16 of 25 SECTION 9 - SAMPLE PLAYGROUND DESIGNER AND MANUFACTURERSERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional" or “Playground Designer and Manufacturer”. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 17 of 25 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 18 of 25 Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into the Agreement based on the RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 19 of 25 special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 16. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 20 of 25 b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 21 of 25 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 22 of 25 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 23 of 25 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 24 of 25 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 RFP 8641 Playground Design and Manufacturer for City Park Refresh Page 25 of 25 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. .\NoCO_Orthos\31083_14563.tif 20" W 12" ST 8" ST ?" ST W W W 20" W 8" S 8" W 6" W 8" S WORK LIMITS FOR CITY PARK REFRESH NORTH 0 75' 150' 300' SCALE: 1"= 150'-0" 450' ATTACHMENT 'A' POOL AND POOL DECK EXCLUDED W. MULBERRY SHELDON LAKE S. BRYAN AVENUE WORK LIMIT LINE CITY PARK DRIVE WORK LIMIT LINE S. BRYAN AVENUE WEST OAK STREET GARDENS SHRUB BED SEATING SEATING TURF TURF TURF TURF TURF TURF TURF TURF TURF DOG TURF TURF TURF TURF TURF TURF TURF TURF TROLLEY PAVILION TROLLEY GARDENS TROLLEY GARDENS POTTERY STUDIO PLAYGROUND RESTROOM SHELTER PICNIC SHELTER PICNIC PICNIC SHELTER SHELTER PICNIC SHELTER PICNIC PICNIC SHELTER CLUB TICO POOL DECK POOL RESTROOM TENNIS COURTS CANON STATUE OF LIBERTY TRAIN RIDE TRAIN RIDE TURNOUT TRAIN BRIDGE SIDEWALK SIDEWALK PICNIC AREA SHELDON DRIVE CITY PARK DRIVE ATTACHMENT ‘D’ – PHOTOGRAPHS OF EXISTING TREES View looking northeast from smaller existing play area. View looking north to future playground location. View looking south from West Oak Street to existing group picnic shelters (future location of playground). View looking west across the larger existing playground area towards the site of the future playground area. ATTACHMENT ‘E’ – PLAYGROUND CHARACTER IMAGES SHELDON DRIVE WEST OAK STREET WEST OAK STREET S. BRYAN AVENUE PROMENADE PROMENADE PROMENADE PROMENADE BOARDWALK BOARDWALK BOARDWALK LOT PARKING RACKS RACKS BIKE RACKS BIKE SHRUB BED SHRUB BED SHRUB BED SHRUB BED SHRUB BED GARDENS GARDENS GARDENS GARDENS GARDENS GARDENS SHRUB BED SHRUB BED SHRUB BED SHRUB BED SHRUB BED SHRUB BED STAGE SEATING SEATING HISTORIC HISTORIC SNAG GOLF WALLS WALLS BASKET BALL DROP-OFF BIKE TURF TURF TURF GARDENS SHELTER PICNIC SHELDON LAKE PARK EMERGENCY ACCESS ROAD GARDENS ATTACHMENT 'C' CORE AREA IMPROVEMENTS NORTH 0 60' 120' 240' SCALE: 1"= 120'-0" 360'