Reliance Park Playground Replacement-PR-25-09.pdf

Request for Proposal

Reliance Park Playground Replacement

Project Number PR-25-09

Town of Erie 645 Holbrook Street Erie, Colorado 80516

June 30, 2025

Table of Contents

Invitation to Propose

Project Background and Description

Project Manager Information

Scope of Work

Submittal and Evaluation Criteria

Selection Process

Selection and Performance Schedule

Sample Agreement for Services

Invitation to Propose

Electronic Proposals will be received by the Town of Erie (the “Town”) through the Rocky Mountain E-Purchasing System (“RMEPS”), until 5:00 pm, local time, July 21, 2025 for the Reliance Park Playground Replacement (PR-25-09).

Proposals will be time-stamped by RMEPS upon receipt.

Proposal Submittals: All bids must be submitted electronically using the portal at https://www.bidnetdirect.com/colorado.

The required Proposal documents must be received in the RMEPS submission portal on or before the Proposal due date and time. Hardcopy submittals will not be accepted. It is the Proposer’s sole responsibility to ensure all required Proposal documents are submitted through RMEPS by the submission deadline. RMEPS does not allow for uploading Proposal documents after the Proposal due date and time has closed.

Proposals will be time-stamped by RMEPS upon receipt. After uploading proposal documents, Proposers must click the SUBMIT button. The Town will not accept uploads that are “saved” but not “submitted”. To verify that a Proposal has been submitted successfully, Proposers may contact BidNet Support or verify, via the Bid Management tab in Proposer’s account, that the documents are not in “Draft” status.

The Town does not have access to or control of the vendor side of RMEPS. If website or other problems arise during response submission, vendor MUST contact RMEPS to resolve issue prior to the response deadline at 800-835-4603.

A brief summary of Work for which the Proposal is requested consists of:

The Town of Erie seeks a collaborative, community-driven design process for its playgrounds. The selected contractor shall Provide design services, demolition and removal of existing equipment, and installation of new play equipment and surfacing at Reliance Park.

Request for Proposal documents will be available after 8:00 am on June 30, 2025, and may be obtained from the RMEPS website at https://www.bidnetdirect.com/colorado. All questions related to this bid should be submitted through the RMEPS website by 5:00 pm local time, on July 11, 2025. All answers to questions received will be sent in a formal addendum (if needed), by July 18, 2025.

A pre-proposal conference will not be held for this project.

The Town assumes no responsibility for payment of any expenses incurred by any respondent to this Invitation to Propose.

https://www.bidnetdirect.com/colorado

The Town of Erie is an Equal Opportunity Employer.

Dated this June 30, 2025.

Town of Erie, Colorado

Project Background and Description Reliance Park is located at 900 County Road 1 1/2, Erie, CO 80516. It lies north of the Old Town neighborhood and south of the Northridge subdivision. The existing playground footprint includes approximately 2,332 SF of level play area, surrounded by a concrete curb and surfaced with approximately 1,454 SF of engineered wood fiber (EWF) and 878 SF of poured-in-place (PIP) surfacing.

Reliance Park is named after Reliance Mine. This mine was in operation from 1903-1907 in the area south of Rue De Trust between Weld County Rd 3 and Weld County Rd. 5.

Additional amenities at the park include a ballfield, The Boneyard (dog park), walking trails, drinking fountain, and portable restrooms.

The estimated total budget for design, demolition and removal of existing equipment, and installation of new play equipment and surfacing is $350,000.

Town of Erie playgrounds must:

• Excite, challenge, and engage users of all ages and abilities

• Offer developmentally appropriate challenges and creative, varied play experiences

• Encourage intergenerational interaction by providing features that appeal to caregivers, older youth, and young children alike

• Serve as unique neighborhood landmarks, with a cohesive, context-sensitive aesthetic and quality materials

• Remain visually appealing and fully functional for a minimum of 15 years

All equipment must be made of durable, high-quality materials, with warranties and service terms supporting low-cost, hassle-free maintenance.

Project Manager Information The Project Manager for this project is Mike McGill. All questions related to this bid should be submitted through the RMEPS website by 5:00 pm local time, on July 11, 2025. All answers to questions received will be sent in a formal addendum (if needed), by July 18, 2025. No phone calls will be accepted.

Scope of Work The awarded Contractor shall provide applicable services consisting of, but not limited to, the following (including a list of deliverables):

• General Requirements:

o Standards & Regulations:

All equipment must meet or exceed the Town of Erie’s Standards and Specifications – Section 1273.00: Playground Equipment

Must comply with ISO 9001/14001, ASTM (F1487-07a), ASTM (F-

1292-18e1), ASTM (F-1951-14), CPSC Handbook for Public Playground Safety, and be IPEMA certified o Certification Requirements:

Installer must hold current CPSI certification from the National

Playground Safety Institute (NPSI) Certification in playground construction from:

• NPCAI Playground Construction School, and/or

• The selected equipment manufacturer o Documentation Requirements:

Manufacturer letter confirming equipment meets or exceeds CPSC and ASTM (F-1487-17) standards (must include model or drawing numbers)

Warranty documents must include:

• 10 years on posts and decks

• 5 years on plastic components

• 10 years on clamps

• 1 year on all other parts

• Site-Specific Requirements o The existing concrete sidewalk and edging will remain o Contractor must protect the underground drain system, which is to remain o All respondents must verify:

Existing play area dimensions Site conditions Compatibility with tree locations and site layout

• Demolition and Installation o Remove and dispose of:

Approximately 1,454 SF of EWF Approximately 878 SF of PIP surfacing All existing play equipment One embedded boulder in the concrete band (pour new concrete to restore band) o Prepare and compact sub-base for new equipment installation, maintaining existing drainage o Evenly distribute excavated dirt; ensure site drains properly post-installation

• Design and Materials o Poured-in-Place (PIP) surfacing is the preferred material for the full footprint o Roofs and shade structures are preferred o Metal or tube slides are not permitted o After equipment installation, the contractor must provide new PIP and/or

EWF at proper depth

• Safety and Compliance o Coordinate a third-party CPSI audit of the play area o Provide temporary fencing for safety and security during demolition and installation o Contractor is responsible for site safety and securing all materials

• Drainage and Design Integration o Include a subsurface drainage plan consistent with Town of Erie Standards and Specifications o Design must remain within the current playground footprint and not impact adjacent landscaping or irrigation

• Community Engagement and Final Design o Contractor must participate in one (1) public engagement meeting alongside Town staff o The Town will coordinate this meeting as part of the design finalization process

Submittal and Evaluation Criteria All Proposals shall be submitted via the RMEPS website by the Proposer and must include the Proposer’s contact name, business name, address and telephone number.

Proposals by partnerships must be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. A complete list of partners must be included with the proposal. Proposals by a corporation must be signed in the official corporate name, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation, and shall display the corporate seal. Corporations must designate the state in which they are incorporated, the address of their principal office, and the name and address of their agent for service of process. All Proposals must be submitted electronically using the portal at https://www.bidnetdirect.com/colorado.

Please Note: Addenda may be issued for this RFP and will be posted online at https://www.bidnetdirect.com/colorado. Proposers shall ensure all addenda issued are acknowledged in their signed cover letter, and responses thereto submitted along with the required Proposal Documents. Additionally, provide acknowledgement that, if selected as the Contractor, a CAD and PDF file showing the layout and configuration of the proposed equipment will be provided to the Town for its records. Failure to submit such responses may result in disqualification of the respective Proposal.

The RMPES website offers both “free” and “paying” registration options that allow for full access of the Town’s documents and for electronic submission. (Note: “free” registration may take up to 24 hours to process. Please plan accordingly.)

The Town does not guarantee accurate information obtained from sources other than RMEPS. In order to simplify the review process and obtain the maximum degree of comparability, the proposal must follow the outline described below, and at a minimum, contain the required information. Respondents are encouraged to include additional relevant information. Respondents must also include a signature page with company name, address, phone number, contact name, addenda acknowledgment, authorized signature and date.

Proposal Page Limit & Font Size

1. Please limit the proposals to no more than fifty (50) pages, excluding resumes and references

2. Minimum font of primary text shall be no less than 11 point

Qualifications

1. Contractor’s capability (company resources)

2. Project team (including subconsultants)

3. Letter from Principal certifying availability and commitment of staff

Experience

1. Relevant recent projects

2. Team member matrix (experience together)

3. List of clients (2-5) for whom similar work has been done. Include contact name and phone number

Project Goals, Concept & Critical Issues

1. Contractor’s understanding of project outline in Scope of Work

2. Contractor’s approach to project

3. Potential key challenges and Contractor’s approach to meeting them

4. Contractor’s vision for project

5. Approach to cost control, value engineering, and resources to provide accurate cost information

6. Provide graphic plans exhibiting conceptual layouts of playground equipment, structures, features, and safety thresholds for equipment spacing

7. Proposed additional tasks to Scope of Work

Playground Equipment and Structure List, Cut Sheets and Specifications

1. Itemized list of proposed playground features including manufacturer, material information, model number and warranty details (equipment and installation)

2. Provide one or more color photographs illustrating equipment appearance, layout, color options and if applicable, design options for each proposed structure or piece of equipment

Project Schedule

1. Anticipated schedule for completion of design including project timeframes for each major task in Scope of Work

2. Suggested measures for streamlining design and review process

Fee Statement The proposal shall include a fee proposal with the following information in a separate sealed envelope as noted on the website:

1. A statement of proposed fees shall be provided including both lump sum project total and unit costs for equipment selections, materials and labor

2. Please indicate the base price and associated discount for equipment/surfacing in proposals

3. Please include installation and all freight charges as separate line items in proposals

4. The Town will not pay tax on purchases. Suppliers may choose to file for a tax-exempt status with the State on purchases for this project

5. List any reimbursable expenses anticipated

6. Provide hourly rates to be used for additional services work if required

Selection Process The Town’s selection committee will evaluate all proposals received based on qualifications and approach. Upon review, the committee will prepare a short-list of companies. Sealed proposals will be evaluated for those short-listed companies and negotiations (if necessary) will begin with the chosen Contractor.

The attached sample General Service Agreement will be used by the Town as the contract document for the work. By submitting a Proposal, you accept the terms of this Agreement as stated. Any deviations from this Agreement must be requested in your submitted Proposal.

Selection and Performance Schedule The following is the anticipated schedule of events for the RFP process:

Request for Proposal Available June 30, 2025 Questions Acceptance Deadline July 11, 2025 Questions Answered Date July 15, 2025 Final Addendum (if needed) July 18, 2025 Closing Date July 21, 2025 Short-Listed Contractors Contacted July 30, 2025 Interview Date August 6, 2025 Anticipated Notice of Award August 15, 2025 Anticipated Completion Date December 31, 2025

6/25/2025

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Agreement for Services

This Agreement for Services (the "Agreement") is made and entered into this _____ day of ____________, 2025 (the "Effective Date"), by and between the Town of Erie, a Colorado home rule municipality with an address of 645 Holbrook Street, P.O. Box 750, Erie, CO 80516 (the "Town"), and ___________________, an independent contractor with a principal place of business at ______________________ ("Contractor") (each a "Party" and collectively the "Parties").

Whereas, the Town requires services; and

Whereas, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services.

Now Therefore, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. Scope of Services

A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference.

B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. No agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action.

II. Term and Termination

A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein.

B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity.

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III. Compensation

In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $___________. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt.

IV. Responsibility

A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein. The work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community.

B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

C. Contractor shall at all times comply with all applicable law, including all federal, state and local statutes, regulations, ordinances, decrees and rules relating to the emission, discharge, release or threatened release of a hazardous material into the air, surface water, groundwater or land, the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a hazardous material, and the protection of human health and safety, including without limitation the following, as amended: the Comprehensive Environmental Response, Compensation and Liability Act; the Hazardous Materials Transportation Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Clean Water Act; the Clean Air Act; the Occupational Safety and Health Act; the Solid Waste Disposal Act; the Davis Bacon Act; the Copeland Act; the Contract Work Hours and Safety Standards Act; the Byrd Anti-Lobbying Amendment; the Housing and Community Development Act; and the Energy Policy and Conservation Act.

D. Contractor shall comply with the accessibility standards for an individual with a disability adopted by the State Office of Information Technology pursuant to C.R.S.

§ 24-85-103, and shall indemnify, hold harmless and assume liability on behalf of the Town and its officers, employees, agents and attorneys for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to Contractor's noncompliance with such accessibility standards.

V. Ownership

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Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work.

The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town.

VI. Independent Contractor

Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes.

VII. Insurance

A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town.

1. Worker's Compensation insurance as required by law.

2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations.

B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any

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C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement.

VIII. Indemnification

Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representatives, agents, employees, attorneys, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by the omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor.

IX. Miscellaneous

A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder County, Colorado.

B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement.

C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications.

D. Third Parties. There are no intended third-party beneficiaries to this Agreement.

E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement.

F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.

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G. Modification. This Agreement may only be modified upon written agreement of the Parties.

H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other.

I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees.

J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed.

K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.

L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics.

In Witness Whereof, the Parties have executed this Agreement as of the Effective Date.

Town of Erie, Colorado

Andrew J. Moore, Mayor

Attest:

Debbie Stamp, Town Clerk

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Contractor

By: ________________________________

State of Colorado ) ) ss.

County of __________________ )

The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2025, by ____________________________ as _________________ of ________________________.

My commission expires:

(Seal) ________________________________

Notary Public

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Exhibit A Scope of Services

Contractor's Duties

During the term of this Agreement, Contractor shall perform the following services:

• Contractor shall

• Contractor shall

• Contractor shall

Contractor's Deliverables

In performance of the services described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: