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HomeMy WebLinkAboutRFP - 8656 PLAYGROUND RENOVATION FOR WESTFIELD PARKOfficial Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 1 of 21 REQUEST FOR PROPOSAL 8656 PLAYGROUND RENOVATION FOR WESTFIELD PARK The City of Fort Collins is requesting proposals from qualified firms to provide playground equipment designs, supply and installation for a renovation of an existing playground at Westfield 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 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), February 16, 2018 and referenced as Proposal No. 8656. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Jill Wuertz, Project Manager, at (970) 416-2062 or jwuertz@fcgov.com. Questions regarding bid submittal or process should be directed to Elliot Dale, Senior Buyer, at (970) 221-6777 or edale@fcgov.com. All questions must be submitted in writing via email to Jill Wuertz, with a copy to Elliot Dale, no later than 5:00 PM our clock on February 6, 2018. 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 Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 2 of 21 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 Paul Purchasing Director Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 3 of 21 REQUEST FOR PROPOSAL 8565 PLAYGROUND RENOVATION FOR WESTFIELD PARK Introduction and Project Background The City of Fort Collins, Colorado Parks Department is requesting playground equipment designs for a renovation of an existing playground at Westfield Park. Westfield Park is a neighborhood-scale park that is located at 4075 Seneca Street. Work is to include coordination with the Parks Project Manager and design of play systems within the existing play area boundaries (approximately 9,881 square feet), as well as pricing for the installation of commercial grade playground equipment. The equipment will be supplied, assembled and installed as part of this contract. The playground Service Provider is required to hold the pricing submitted in the proposal for a minimum of six months. The City of Fort Collins will be responsible for preparing the existing site, including demolition of the existing play structure and sand, establishment of subgrades, and installation of any site work (access ramps, drainage systems, safety surfacing, and adjacent concrete sidewalks). This site work and safety surfacing should not be included in the playground design proposal; however quantity and location of wear mats should be included. Detailed Project Description Westfield Park is located in southwest Fort Collins. It is adjacent to Johnson Elementary, which contains play equipment, and Webber Middle School, which contain no play equipment (see Attachment A – Site Plan). The City of Fort Collins is looking for a unique play experience that complements the existing playgrounds within the City and achieves the high standard set by other neighborhood park playgrounds within Fort Collins. The playground theme should build off the existing park theme of geometric shapes and the architecture of the existing shade shelter located nearby. Ideally, playground design would incorporate a tall element to take advantage of foothill views from the park. See detailed design criteria below for components that should also be included. The playground budget is approximately $120,000. Budgets represent monies for design, play equipment and installation only. The City has separate budgets for surfacing, concrete and sidewalks, and drainage systems. Construction of the playground renovation project is scheduled to commence in late summer or early fall of 2018. Construction will need to be completed by the end of 2018. Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 4 of 21 Existing Westfield Park Playground Existing Johnson Elementary School Playground Detailed Design Criteria • The designs will be evaluated based on execution of the given theme, play value, creativeness and ‘fun factor’, variety of equipment types, layout, and budget. • Play equipment and overall layout must meet or exceed City of Fort Collins Park Design Guidelines as detailed below. • Play equipment should include a full range of activities and age groups to provide a variety of climbing opportunities, sliding, spinning, and creative/interactive play such as play tables & panels. • Playground Service Providers are encouraged to be creative in their designs and to utilize unstructured play in their proposals. Service Providers may submit proposals with Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 5 of 21 non‐traditional type playground structures, if desired, in whole or as components of the overall playground. Non‐traditional play elements may include Glass Fiber Reinforced Concrete (GFRC) boulders, logs, stumps, hill slides, sculptural components; interactive play panels, etc. • The City of Fort Collins reserve the right to mix and match from different manufacturers to create the final playground design. • “Green” construction practices and materials are highly desired. Provide LEED or other green certification with proposal. • Detailed Components: o Shade - shade products engineered to withstand wind speed up to 105 mph o Sand play area and play elements o Swings: Regular tot (1), ADA swing (1) & belt swings (2); can be located in two separate structures by age o Separate 2-5 and 5-12 play structures o 2-5 play area can be a grouping of elements as long as it provides a good amount of play value o Custom designed roof to tie in with architecture of existing shelter (reference Attachment A – Site Plan for existing shelter location) ▪ o A tall element to take advantage of foothill views from the park o Unique play panels o Spinners o Unique spring rides o Benches Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 6 of 21 o Do not include: Tunnel slides, Crawl tubes, Net/rope climbers General Requirements for City of Fort Collins Playground Climbing Structures 1. Support posts shall be fabricated from either 5” O.D. 11 gauge, pre-galvanized round tubing or 5” O.D. .118” extruded round tubing with baked-on electrostatically applied dry powder coating or better (color to be determined). 2. Clamps shall be of 12 gauge draw quality steel or better. No aluminum clamps. 3. Decks shall be of one-piece construction fabricated from 13 gauge punched hot rolled steel reinforced with 11 gauge strips welded in place and dipped in poly-vinyl- chloride coating or better (color to be determined). 4. Slides and plastic parts shall be molded from linear low-density polyethylene with ultraviolet (UV) light stabilizers; anti-static guard and color molded in or better (color to be determined). 5. All hardware used in the assembly of components such as bolts, nuts, screws, spacers, washers and other hardware shall be either yellow dichromate-plated or stainless steel and tamper resistant or better. All hardware must be included. 6. No wood components are allowed. 7. 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 8. Warranty information on all playground equipment and installation. 9. 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 by the City. The Service Provider shall be responsible for prompt resolution of any issues identified by such inspection. Proposal Submittal Requirements Service Provider’s that have the requisite experience and qualifications are encouraged to submit proposals. Proposals shall not exceed 25 double-sided pages (50 single-sided), excluding references, cover pages dividers and Proposal Acknowledgement Form (Attachment B). 1. Proposed design concept, including: a. Plan (pdf & AutoCAD file) Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 7 of 21 i. Include proposed components with model numbers, materials, color choices and recommendations, protective area requirements, target age ranges and developmental levels, target play type or activity, etc. b. Pertinent cut-sheets for play components and/or manufacturer’s literature c. 3D Sketches/Perspectives for play design (3 minimum from different angles) d. Statement / narrative / chart summary – describing the proposed design(s) and how it satisfies the ADA requirements. 2. Project Schedule based on an end of 2018 installation completion a. The Service Provider’s schedule shall clearly indicate “critical path work items”. Explain their approach and strategy to ensuring this schedule is met. 3. Cost a. Service Provider shall submit estimated costs to design, manufacture and deliver the playground. Costs shall be itemized to the greatest extent possible. The estimated cost shall be the Guaranteed Maximum Price (GMP) for the project. The final project cost shall be determined by Final Design. 4. Warranty information – detailed description of the warranty coverage 5. 1 page manufacturer and representative summary 6. 3 examples of similar sized and/or themed playground installations within the last 5 years Process The City has listed anticipated dates for the Playground Service Provider Selection and Project Schedule as noted below (dates subject to change at City’s discretion and should only be used for planning purposes). RFP Selection Process: • RFP Available to the Public: Week of January 22, 2018 • Questions Deadline: February 6, 2018, 5PM • RFP Submittal Deadline: February 16, 2018, 3PM • Conduct Interviews (if needed): Week of March 5, 2018 • Select and Notify Consultant: Week of March 5, 2018 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. RFP respondents shall be accorded fair and equal treatment throughout the review process. During the course of the review period, 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 if required. Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 8 of 21 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. 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. Review and Assessment Submittals will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 3.0 Scope of Proposal & Design Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 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? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 3.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the line-item costs competitive? 2.0 Firm Capability Has the firm successfully completed previous projects of this type and scope? Does the firm have the resources, financial strength, capacity and required warranty to successfully complete the project on-time and in-budget? Is the warranty information provided meet Fort Collins requirements. Definitions Sustainability: To systematically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 9 of 21 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.” Reference Evaluation (Top Rated Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. • Overall Performance: Would you hire this Service Provider 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 Service Provider responsive to client needs; did the Service Provider anticipate problems? Were problems solved quickly and effectively? • Budget: Was the original Scope of Work completed within the project budget? • Job Knowledge: Was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Attachments: A. Site Plan B. Proposal Acknowledgement Form C. Attached as separate file to RFP: AutoCAD base of approximate playground boundary titled “8656 CadBase.DWG” Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 10 of 21 ATTACHMENT A – SITE PLAN Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 11 of 21 ATTACHMENT B – PROPOSAL ACKNOWLEDGEMENT FORM The Service Provider 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 Service Provider 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 Service Provider’s knowledge and belief. b. The Service Provider has obtained all necessary authorizations and approvals that will enable the Service Provider 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. Company 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: Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 12 of 21 ATTACHMENT C – CAD BASE OF APPROXIMATE PLAYGROUND BOUNDARY (ATTACHED SEPARATELY) Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 13 of 21 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of 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 Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 14 of 21 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page(s), and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 15 of 21 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. 17. Indemnity/Insurance. Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 16 of 21 a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 17 of 21 c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. Official Purchasing Document Last updated 10/2017 RFP – 8656 Playground Renovation for Westfield Park Page 18 of 21 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 Services Agreement Page 19 of 21 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 Services Agreement Page 20 of 21 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8656 Playground Equipment Renovation for Westfield Park Page 21 of 21 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.