HomeMy WebLinkAboutRFP - 8728 PLAYGROUND DESIGN AND MANUFACTURE FOR STREETS PARK (3)RFP 8728 Playground Design and Manufacturer for Streets Park Page 1 of 26
REQUEST FOR PROPOSAL
8728 PLAYGROUND DESIGN AND MANUFACTURE FOR STREETS PARK
The City of Fort Collins is requesting proposals from qualified firms to provide services for
playground design, manufacture and installation for the Streets Park Project.
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), April
16, 2018 and referenced as Proposal No. 8728. 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 proposals mailed to
the PO Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
Questions concerning the scope of the bid should be directed to Craig Kisling, Project Manager,
at (970) 221-6367 or ckisling@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 Craig Kisling, with a copy to
Elliot Dale, no later than 5:00 PM our clock on April 4, 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.
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
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 8728 Playground Design and Manufacturer for Streets Park Page 2 of 26
“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
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
RFP 8728 Playground Design and Manufacturer for Streets Park Page 3 of 26
REQUEST FOR PROPOSAL
8728 PLAYGROUND DESIGN AND MANUFACTURER for STREETS PARK
I. SECTION 1 – OVERVIEW AND PROJECT BACKGROUND
This Request for Proposal is issued to provide services for playground design, manufacture
and installation for the Streets Park Project.
A. Overview
On behalf of the Park Planning and Development Department, the City of Fort Collins is
seeking proposals 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 Streets Park in Fort Collins, Colorado.
Streets Park is a 5.5-acre park site that has some established elements, such as a
basketball court and small shelter, but will be fully developed into a neighborhood park.
Located at the corner of Vine and 9th Streets, in front of the City of Fort Collins Streets
Facility. (See Attachment A).
Streets Park will be a built with a CM/GC process and will require the selected
manufacture(s) to design and manufacture the play equipment and work with the
General Contractor to install the equipment. The City’s intent is to have one or multiple
manufacturers deliver the preferred playground concept (See Attachment A - Vicinity
Map, Existing Conditions, Historical Context Concept, Conceptual Site Layout Plan,
Sugar Beet Concept Sketches and Core Area Rendering Concepts) for the park. 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 the playground components - 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 CM/GC to construct the entire
park. 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(s) and Manufacturer(s).
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.
B. Background
The project site encompasses a total of 5.5 acres. The entrance area to the future park
site is also the entrance to the City of Fort Collins Streets Department Facility. The
primary function of the current site is to act as a traditional water quality pond and
stormwater basin for the entire Streets Department facility. There are currently no
sidewalk connections within the site, and the site contains only two amenities – a small
shelter and a basketball court. Residents of the Alta Vista, Andersonville, and
Buckingham neighborhoods can access the site via outside sidewalk connections and a
recently installed signalized crosswalk. These three neighborhoods, commonly known as
the Tres Colonias, originally housed migrant workers of the Great Western Sugar
RFP 8728 Playground Design and Manufacturer for Streets Park Page 4 of 26
Factory and is now the home of the City's Streets Department Facility. The site contains
a functioning rail spur as well as existing parking that is appropriately landscaped to
facilitate ADA access. The current park site has no restroom, lights, pathways, or other
amenities beyond a small basketball court and a simple shelter.
II. SECTION 2 –PROJECT DESCRIPTION AND PROJECT FUNDING
A. Project Description
The City is seeking a playground theme that correlates to the Great Western Sugar Beet
Factory. This will require a fully custom Sugar Beet Climber and fully custom or semi-
custom Smoke Stack Tower. There will also be custom sliding benches that will not be in
the play zones but will need custom fabrication that will keep the public users safe while
using the sliding benches. Other play equipment will be considered more off the shelf
play that include 2-5 and 5-12 play features.
Key playground objectives include the following:
▪ Swings with 3 bays for 2 non ADA, 2 ADA and 2 infant swings;
▪ Multi-unit for ages 2-5;
▪ Spinner equipment piece;
▪ 1 custom vertical smoke stack climber with interior climbing and slides at differing
elevations;
▪ Play elements that create play circuits for ages 5-12;
▪ 1 custom climbable sugar beet structure based off Artists Concept Sketch;
▪ Several custom sliding benches that will reuse miniature railroad tracks and
railroad car wheels for the benches;
▪ Teeter totter play piece;
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
standards. A detailed layout plan for the installation of the playground will be a
RFP 8728 Playground Design and Manufacturer for Streets Park Page 5 of 26
requirement of this project (layout to be provided to the City in AutoCAD compatible
format).
The Streets Park play area will be roughly 9,200 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 late summer or early fall of 2018.
B. Project Funding
The playground budget is approximately $300,000. 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).
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.
A. Task One – Playground Design Development
1. Attend a project kick-off meeting – project scope, schedule, important project
milestones and to visit the project site, if needed.
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 / video conferencing).
2. Prepare and provide progress plans and supporting documents of the playground
design as it progresses.
RFP 8728 Playground Design and Manufacturer for Streets Park Page 6 of 26
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 old Great Western Sugar Beet Factory, Giant
Climbable Sugar Beet, Vertical Smoke Stack Play Element;
▪ Custom Moveable Rail Car Seats (outside the play zones);
▪ Spinners, slides, crawl tubes, net/rope climbers;
▪ 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.
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.
RFP 8728 Playground Design and Manufacturer for Streets Park Page 7 of 26
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)
▪ Deadline to submit Questions April 4, 2018 at 5:00 pm
▪ Proposal due date April 16, 2018 at 3:00 pm
▪ Selection of Playground Service Provider(s) Week of April 30, 2018
▪ Notice to Proceed Week of May 7, 2018
B. Project Schedule
▪ Project Kick-Off Meeting Early May 2018
▪ Playground Design May – June 2018
▪ Status Update Meeting(s) May – July 2018
▪ 100% Playground Shop Drawings August 2018
▪ Final CM/GC Pricing June 2018
▪ CM/GC Mobilization Late June – Early July 2018
▪ CM/GC Construction July - October 2018
▪ Playground Fabrication August – September 2018
▪ Installation of Play Equipment September – October 2018
RFP 8728 Playground Design and Manufacturer for Streets Park Page 8 of 26
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
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 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 Streets
Park. In addition, include the following items:
RFP 8728 Playground Design and Manufacturer for Streets Park Page 9 of 26
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 October
2018 (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.
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;
RFP 8728 Playground Design and Manufacturer for Streets Park Page 10 of 26
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.
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
RFP 8728 Playground Design and Manufacturer for Streets Park Page 11 of 26
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 8728 Playground Design and Manufacturer for Streets Park Page 12 of 26
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.
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 8728 Playground Design and Manufacturer for Streets Park Page 13 of 26
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 8728 Playground Design and Manufacturer for Streets Park Page 14 of 26
VIII. Section 8 - 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 8728 Playground Design and Manufacturer for Streets Park Page 15 of 26
IX. SECTION 9 – LIST OF ATTACHMENTS
Attachment ‘A’ – Vicinity Map, Existing Conditions, Historical Context Concept, Conceptual
Site Layout Plan, Sugar Beet Concept Sketches and Core Area Rendering Concepts
RFP 8728 Playground Design and Manufacturer for Streets Park Page 16 of 26
X. SECTION 10 - 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
RFP 8728 Playground Design and Manufacturer for Streets Park Page 17 of 26
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.
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
is responsible for and shall ensure the design Work under any Work Order complies with
the most recent revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards
for Accessible Design, separate from and in addition to compliance with applicable building
codes. Professional shall ensure that any change orders or other changes to the Work
comply with the ADA Standards for Accessible Design. Professional shall be responsible
for any necessary redesign due to failure to comply with ADA requirements, including any
costs for such redesign. 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
RFP 8728 Playground Design and Manufacturer for Streets Park Page 18 of 26
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
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
RFP 8728 Playground Design and Manufacturer for Streets Park Page 19 of 26
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
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.
RFP 8728 Playground Design and Manufacturer for Streets Park Page 20 of 26
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.
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
RFP 8728 Playground Design and Manufacturer for Streets Park Page 21 of 26
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 8728 Playground Design and Manufacturer for Streets Park Page 22 of 26
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 8728 Playground Design and Manufacturer for Streets Park Page 23 of 26
EXHIBIT A
SCOPE OF SERVICES
Official Purchasing Document
Last updated 10/2017
RFP 8728 Playground Design and Manufacturer for Streets Park Page 24 of 26
EXHIBIT
(BID SCHEDULE/COMPENSATION)
Official Purchasing Document
Last updated 10/2017
RFP 8728 Playground Design and Manufacturer for Streets Park Page 25 of 26
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 8728 Playground Design and Manufacturer for Streets Park Page 26 of 26
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.
STREETS
PARK
Streets Park Park Vicinity Map
Andersonville
Neighborhood
Alta Vista
Neighborhood
Buckingham
Neighborhood
Streets Facility
Park Site
ATTACHMENT A
STREETS
PARK
Streets Park Existing Site Conditions
CITY OF FORT COLLINS
STREETS FACILITY /
Historic Great Western
Sugarbeet Factory
VINE DRIVE
STORMWATER BASIN
CONCRETE
TRICKLE PAN
STORMWATER
OUTFALL
TRAIN SPUR
WATER QUALITY
OUTFALL
PARKING LOT
Existing Shelter and Basketball Court
Existing Trickle Pan
Existing Trickle Pan and Stormwater Basin
Existing Stormwater Basin
Existing Signalized Crosswalk to Andersonville Neighborhood
Existing Stormwater Quality Pond
LEMAY AVENUE
ENTRANCE ROAD
CROSSWALK
SIGNAL
ACTIVE RAILROAD
BASKETBALL
COURT
PICNIC SHELTER
(4) PARKING STALLS
WATER QUALITY
POND
ANDERSONVILLE
NEIGHBORHOOD
BUCKINGHAM
NEIGHBORHOOD
ALTA VISTA NEIGHBORHOOD
STREETS
PARK
Streets Park Historical Context
STREETS
PARK
Streets Park
Pedestrian Bridge Typ.
Proposed Tree Typ.
Proposed Fence
Native Grasses
New ADA Parking (2) New Parking (13)
Existing Basketball Court
Core Area
• Row Garden Plantings
• Restroom
• Shelter
• Playground Equipment
• Specialty Play Equipment
Existing Parking
Existing Shelter
Existing Water Quality Pond
Proposed Concrete Walk
Alta Vista
Neighborhood
Buckingham
Neighborhood
Andersonville
Neighborhood
Bio-Swale/
Naturalized Channel
Existing Concrete
Walk Along Lemay
Vine Dr.
Lemay Ave.
Pollinator Gardens
Multi-Use Turf
Proposed Fence
Native Grasses
0 20 40 80 160’
Concept Plan
STREETS
PARK
Streets Park Mario Miguel Echevarria Functional Art Concepts
STREETS
PARK
Streets Park
Smokestack Climbing Structure
Smokestack Climbing Structure Poured In Place Surfacing
Slide
Sugarbeet Climbing Structure
Sugarbeet Climbing Structure
Traditional Playground Equipment
Rope Climbers
Sugarbeet Rail Car Benches
Row Garden Plantings
Flowering Trees
Flowering Trees
Streets Facility Building (Historic Sugarbeet Factory)
Restroom Shade Trees
Shelter Sugarbeet Rail Car Sliders
Shelter
Trellis Structure
Core Area Renderings
STREETS
PARK
Streets Park
Restroom Shelter
Shelter
Trellis Structure
Sugarbeet Rail Car Sliders
Wood Fiber Playground Surfacing Sugarbeet Rail Car Sliders
Railroad Tracks
Turf Bands Sugarbeet Rail
Car Benches
Crusher Fines
Paths
Crusher Fines Paths
Concrete Playground Edging
Row Garden Plantings
Existing Basketball Court
Flowering Trees in Turf Bands
Flowering Shrub Rows
Core Area Renderings