RFCSP-68-2022_-_Patterson_Park_CC_Playground_Final_6.8.22.pdf

City of Murfreesboro

Request for Competitive Sealed Proposals (RFCSP) for

Patterson Park Community Center Playground

RFCSP-68-2022

ISSUE DATE: JUNE 28, 2022

RESPONSE DUE DATE: JULY 20, 2022

1. Introduction

The City of Murfreesboro, Tennessee is issuing a Request for Competitive Sealed Proposals (RFCSP) from qualified vendors to provide a playground at Patterson Park Community Center located at 521 Doctor Martin Luther King Jr. Blvd., Murfreesboro, TN. Completion of the project is desired to be within 6-8 weeks. Due to the unique footprint and location of Patterson Park Community Center, special consideration must go into the selection of play elements and safety surfacing. Proposals will be selected based on quality and warranty of proposed equipment, overall design, and appeal.

Competitive Sealed Proposal Process and Schedule

The Competitive-Sealed-Proposal method is appropriate when qualifications and experience are of particular importance and price is one of several factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight.

Those interested in participating in the selection process are afforded the opportunity to pose questions in writing about the RFCSP and services sought before submitting a proposal. After the sealed proposals have been submitted and reviewed, the City may obtain additional information or clarifications including additional “best and final offers” from participants, prior to making its final selection, provided that information from one proposer is not disclosed to another. The City will select a responsible and responsive proposer whose proposal is determined to be most advantageous to the City taking into consideration the evaluation factors.

1.1 Schedule

The City intends to adhere to the schedule below for the selection process. Dates may be adjusted by City as needed.

No proposals will be accepted after July 20, 2022, at 2:00 P.M. Central Standard Time

Activity Target Date

RFCSP Issued June 28, 2022 Submittal of questions July 12, 2022 Answers to questions July 12, 2022 Proposals submitted July 20, 2022 Finalists notified TBD Finalist Presentations TBD Negotiation of contract TBD City Council action TBD

1.2 Finalist Selection

The City intends to select two or more Proposers from the RFCSP responses to further evaluate as finalists. Finalists then will be allowed to submit revisions to their proposal to make a last and best final offer. Additional discovery may be performed to assist in selecting the finalist.

The finalist will be selected based on all of the evaluation criteria set forth in Section 7.

2. Contact Information

2.1 Vendor Registration

The City is accepting only electronic bid submissions. All bidders must register with ProcureNow to ensure that all relevant written communications are available to them in the preparation of their proposal. Registration is free and can be accomplished through the website:

https://secure.procurenow.com/portal/murfreesborotn.

Any inquiries or requests for explanation regarding the City requirements must be received no later than July 12, 2022. No oral interpretation or clarifications will be given as to the meaning or any part of the Request for Competitive Sealed Proposal documents. Prospective proposers desiring further information or interpretations must make requests in writing through the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, July 12, 2022, by 2:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e- Procurement Portal. Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on the City's e-Procurement Portal.

Addenda notifications will be emailed to all persons on record as following this RFCSP. Failure of any proposer to receive any such addenda or interpretation shall not relieve such proposer from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

2.2 Non-Lobbying Clause

Any supplier or lobbyist for a vendor is prohibited from having any communications concerning this solicitation for a competitive procurement with any City Staff Member, the Mayor, City Council Member, City Manager, Legal Department or any City employee except for the designated contact person, Cathy Smith, Purchasing Director. Any supplier or lobbyist who violates this provision shall cause their Proposal to be considered not responsive and therefore ineligible for award.

3. Background

The purpose of issuing this RFCSP is to receive proposals for a playground at Patterson Park Community Center located at 521 Doctor Martin Luther King Jr. Blvd., Murfreesboro, TN.

Completion of the project is desired to be within 6-8 weeks from issuance of purchase order and/or Notice to Proceed. Proposals should include safety surfacing, an inclusive playground design, equipment installation, and labor. Careful consideration should be given to ensure the proposed playground is fun and appropriate for intended use by children ages 1-12 years old.

The proposed playground should be aesthetically pleasing and blend with the surrounding park features. Proposals will be selected based on overall design, equipment quality, and warranty.

https://secure.procurenow.com/portal/murfreesborotn

4. Services Requested/Specifications

4.1 General Responsibilities

Murfreesboro Parks and Recreation is seeking proposals for replacement of the existing playground at Patterson Park Community Center located at 521 Doctor Martin Luther King Jr.

Blvd. Description of services required include:

• All proposed equipment must fit into existing playground footprint and include safety surfacing for fall zone area.

• Proposals should include all site prep, surfacing, equipment, and installation.

• Total safety Zone area should not exceed 4,000 sq. ft.

• Playground equipment must have a manufacturer’s warranty of at least 30 years.

Lifetime warranty is preferred.

• Playground surfacing must have at least a 10-year warranty.

• Equipment must be appropriate for ages 1-12 years old.

• Color scheme should match existing buildings and structures.

• Equipment should be free of operational noises (no musical elements).

• Equipment should be suitable for children of all abilities and encourage inclusive play.

• Total cost of entire proposal including surfacing, equipment, installation and inspections should not exceed $400,000.00.

• Product Standards and Guidelines.

It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of Tennessee or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exist.

• Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.

American Society for Testing and Materials (ASTM):

ASTM-F1487-11 Standard Consumer Safety Performance Specification for Playground Equipment for Public use.

ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of Playground Equipment.

ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground Equipment.

ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play Areas.

4.2 Cost and Fees

Proposer should submit a cost proposal which would include all details of any fees to be paid to Proposer, including any design fees. Cost schedules may either be based on a fixed price for total project completion or hourly rate for tasks performed so long as the proposal includes hourly estimation and a “not to exceed” price. The City of Murfreesboro desires transparency concerning all costs and fees proposed.

5. City Terms and Conditions

It is important for each Proposer to become familiar with each paragraph within this section, as these paragraphs will prevail in the event of any discrepancies or differences between project related or contractual documents.

The Proposer must clearly and specifically detail all exceptions to the Terms and Conditions imposed in this section in the transmittal letter that will accompany its RFCSP response.

5.1 Standards

Proposer must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Proposer will be required to certify and warrant that it will comply with this policy.

Proposer understands that it shall be a breach of City’s ethical standards policies for any person to offer, give, or agree to give to any City employee or former employee, or for any City employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, evaluation, recommendation, preparation of any part of a requirement or request, influencing the content this RFCSP, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to this RFCSP or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any City contract.

5.2 Warranties

Proposer warrants it will perform the services in a professional manner according to the standards established in the industry for the type of work to be performed and as outlined herein. Product warranty and surfacing warranty must be included in proposals.

5.3 Indemnification

a. Proposer must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of any Agreement entered, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Proposer from any claims arising from any failure, regardless of any language in any attachment or other document that Proposer may provide.

5.4 Terms for Payment

Payment for services delivered will be thirty (30) days from the date of the invoice.

5.5 Assignment

The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all of its rights, title or interest therein, without prior written consent of the City. Such consent by the City shall not relieve the assignor of liability in the event of default by the assignee.

5.6 Insurance

The successful Proposer shall maintain at least the following commercial insurance policies for the duration of the Contract in the amounts specified:

Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable state and federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

Technology errors and omissions insurance with minimum coverage of $500,000 per claim. Such insurance policy shall include, at a minimum, coverage for data breach, data loss, and expense reimbursement. In addition, proposer must notify City if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.

The selected Proposer must provide City with the required insurance certificates and endorsements naming the City as an additional insured on the liability coverages prior to contract execution.

5.7 Scope of Insurance and Special Hazards

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Proposer and any sub-contractors against damage claims that may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Proposer.

5.8 Governing Law and Venue

The contract will be governed by the laws of the State of Tennessee. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

5.9 Compliance with Laws

The Proposer’s contract shall comply with applicable Federal, State, and Local statutes, rules, and regulations. Proposers shall be approved by the appropriate regulatory authorities, if any, in the State of Tennessee to provide the services herein described.

5.10 Compliance with Iran Divestment Act

By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each proposer is not a person included within the list created pursuant to Tennessee Code Annotated §12-12-106.

6. Guidelines for this Request for Competitive Sealed Proposals Process

6.1 Basis for Proposals

Only information supplied by the City in writing should be used in the preparation of a proposal.

Oral and other interpretations or clarifications shall not be binding. Proposers must acknowledge any subsequently issued addenda by signing and including such documents in the proposal.

6.2 Proposer Terms and Conditions

The Proposer must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with the City with its proposal. City will not accept any contract term limiting Proposer’s liability to the amount of the contract. Additionally, the Proposer must submit any and all documents/agreements City must sign with its proposal.

6.3 Disclosure of Proposals

As a matter of state law, each Proposer’s RFCSP response in its entirety will become a public record upon the release of the City staff’s recommendation to City Council. The content of any proposal will not be disclosed to other Proposers during the selection process.

6.4 Late Proposals

Proposals must be received via the procurement portal on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of City, may not be considered.

6.5 Signing of Proposals

The submission and signature of a proposal shall indicate the intention of the Proposer to adhere to the provisions described in this RFCSP and therefore must be signed by a representative with the authority to do so.

6.6 Cost of Proposal

This RFCSP does not commit the City to pay any costs incurred by any Proposer in preparation and/or submission of a proposal or for procuring or contracting for the services to be furnished under the RFCSP. All costs directly or indirectly related to responding to this RFCSP (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Proposer.

6.7 Conflict of Interest, Non-Collusion and Anti-Lobbying

The Proposer promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with City Council members or City employees between the release of this RFCSP and award of contract by City and that there will be no collusion and no conflict of interest.

6.8 Ownership of Proposals

All documents submitted in response to this RFCSP shall become the property of City.

6.9 Disqualification or Rejection of Proposals

Proposers may be disqualified for any of the following reasons:

• There is reason to believe that collusion exists between or among two or more Proposers;

• The Proposer is in arrears on an existing City contract or has defaulted on a previous City contract;

• The Proposer lacks financial stability;

• The Proposer has failed to perform under a previous or current City contract;

• The Proposer has failed to adhere to one or more of the provisions established in this RFCSP;

• The Proposer has failed to submit its proposal in the format specified herein;

• The Proposer has failed to submit its proposal on or before the deadline established herein; or

• The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process.

6.10 Right to Waive Irregularities

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

The City reserves the right to waive irregularities. The City also reserves the right to waive any mandatory requirement provided that all proposals failed to meet the same mandatory requirement, and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of City.

6.11 Withdrawal of Proposals

Bids may be withdrawn through the City’s e-Procurement Portal. The responding firm may “unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time prior to the deadline for submitting proposals by written request if received by the City prior to the exact hour and date specified for receipt of proposals.

6.12 Amendment of Proposals

A Proposer must submit any amended proposal before the deadline for receipt of proposals. Such amended proposal must be a complete replacement of a previously submitted response and must be clearly identified as such. City will not merge, collate, or assemble proposal materials.

6.13 Proposal as Firm Offer

Responses to this RFCSP, including cost, will be considered firm for one hundred twenty (120) days after the due date for receipt of response or receipt of the last best and final offer submitted.

All proposals must include a statement to that effect.

6.14 Exceptions to RFCSP

It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of City’s specifications must be clearly identified as such, together with reasons for taking exception, and inserted into the proposal response. If the Proposer does not make clear that an exception is being taken, City will assume the proposal response is responding to and will meet the specification as written.

However, the City does not anticipate approving any exceptions to the specifications stated herein.

Where the Proposer does not agree with City’s terms and conditions, the proposal must enumerate the specific clauses that the Proposer wishes to amend or delete and suggest alternative wording. Any minimum terms that City will have to agree to in order to enter into a contract with the Proposer and any item the Proposer considers to be a mandatory term must be submitted with the RFCSP response.

6.15 Consideration of Proposals

Discussions may be conducted with responsible Proposers for the purpose of clarification to assure full understanding of the proposal. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Proposers. Until the City awards the contract, it reserves the right to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered in the best interest of City.

6.16 Termination

The City reserves the right to cancel this RFCSP at any time. City reserves the right to reject any or all proposals submitted in response to this RFCSP.

6.17 Taxes

Proposer will be responsible for the payment of any applicable tax on the services it will provide.

Proposers will include in its fee proposal all applicable local, City, state, and federal taxes.

6.18 Award of Contract

The City reserves the right to withhold final action on the RFCSP for a reasonable time, not to exceed one hundred and twenty (120) days after the date of submitting proposals, and in no event will an award be made until further investigations have been made as to the responsibility of the proposed Proposer. The award of the contract, if an award is made, will be to the most responsible and responsive Proposer whose proposal meets the requirements and criteria set forth in the Request for Competitive Sealed Proposals and whose contract terms are acceptable to City. City reserves the right to abandon, without obligation to the Proposer, any part of the project, or the entire project, at any time before the successful Proposer begins any work authorized by City.

The award of the contract shall not become effective until the contract has been executed by the successful Proposer and City.

6.19 Appeal Process

Each Proposer shall be notified of the Proposer selected for recommendation to the City Council before the proposed City Council action. A protest by an aggrieved Proposer who is not selected will be heard by the City Council if filed with the City Council, through the City Recorder, within seven (7) days after the intended award is announced. Any issue raised by the protesting party after the seven-day period shall not be considered as part of the protest. The City Council may stay an award due to a pending protest without financial or other obligation to the Proposer recommended to the Council. The City Council may, by resolution, adopt rules and procedures applicable to protests.

6.20 Execution of Contract

The City shall authorize award of the contract to the successful Proposer. City will require the successful Proposer to sign the necessary documents entering into the required contract with City within ten (10) days of receipt and to provide the necessary evidence of insurance as required under the contract.

No contract for this project may be signed by City without the authorization of the City Council.

No contract shall be binding on City until it has been approved as to form by the City Attorney and approved and executed by the Mayor or designee.

6.21 Interviews and Presentations

If deemed necessary to fully understand and compare the proposer's capabilities, the City may request presentations by proposers with possible subsequent interviews. Oral presentations may have time limitations. Presentations may include but not be limited to demonstrations of end-user reporting, ad-hoc or (other) report writing and uploading of files.

6.22 Auditable Records

The successful proposer must be prepared to maintain accounts and records in connection with its performance of services for City as reasonably required. The Proposer must afford City agents or auditors reasonable facilities and access for the examination and audit of its records pertaining to its performance. The records may be examined at any reasonable time during the term and for a period of three years following the completion of work under any contract. Upon request by the City, winning proposer shall be able to produce and exhibit all such records as requested. Records must be available within an office environment located not more than a 45 minutes’ drive from the City’s local office or the reasonable expenses incurred to access the records must be borne by successful proposer.

6.23 Miscellaneous

The City reserves the right to cancel this RFCSP and contract under a separate process. The selected proposer will be required to contract with the City and all contract terms are subject to negotiations after the selection is made. The City may contract with any other proposer without renewing the RFCSP in the event the City and selected proposer are unable to mutually agree upon a contract for the desired services. Nothing herein may be taken as a commitment by the City upon which any proposer may act in reliance. All costs incurred in preparing a response are to be borne solely by each proposer.

6.24 Compliance with Iran Divestment Act

By submission of this proposal, each proposer and each person signing on behalf of any bidder certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not a person included within the list created pursuant to T.C.A. §12-12-106.

NOTE: All responses are subject to public disclosure in accordance with the Tennessee Public Records Law. In the event a proposer desires to share proprietary or confidential information, arrangements must be made with the City prior to disclosure of that information to any person or agent of the City.

6.25 Contractor’s License

Pursuant to Tennessee Code Annotated Title 62, Chapter 6, Part 1, if a bid is $25,000 or above, bidder must be a licensed contractor as required by the Contractor’s Licensing Act of 1976, Public Chapter No. 822 of the General Assembly of the State of Tennessee as amended. In accordance with T.C.A. §62-6-119, Bidder shall place on their bid envelope or electronic bid document: (1) the bidder’s name, license number, expiration date thereof, and license Page 8 of 19 classification of the contractor applying to bid for the prime contract; (2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract (if applicable) where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000); (3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty five thousand dollars ($25,000); (4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000); (5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and (6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document. Bids not conforming with this provision shall not be opened.

Failure of any bidder to comply therewith shall void such bid and such bid shall not be considered.

7. Evaluation Criteria

Proposals will be based on the comprehensive review of specifications listed in this RFCSP and shall be weighted based on the following:

Functional Area % of Assessment Experience and Qualifications

10%

Warranty 10 yr. warranty of surfacing and Lifetime Warranty on equipment preferred

20%

Design Inclusiveness and overall appearance

50%

Cost Proposal 20%

Total 100%

8. RFCSP Requirements and Format

Please use the following format to structure your RFCSP response. Your response should include each section detailed below in the order presented. The detail represents the items that are to be covered in each section of your response. Failure to follow the directions or to address all items will impact the evaluation. Failure to address a significant portion of the items may classify the response as non-responsive and preclude it from further consideration. The number of pages in the RFCSP response cannot exceed 50 pages. Appendices will not be counted as part of the 50-page limit. Resumes and marketing material may be included and will not be counted towards the 50-page limit; however, this information must be in its own section at the end of the RFCSP response.

8.1 Cover Page and Table of Contents

Show the name of your firm, address, telephone number(s), name of contact person and title, and date. Table of contents should clearly identify material by section and page number.

8.2 Proposal

a. Proposer Profile: The Proposer will provide a description of its organization and any other firms who will be providing products or services through a subcontracting arrangement with the Proposer.

b. Qualifications: Proposer’s qualifications to perform the services requested that will also address the evaluative criteria.

c. Experience: Please describe your organization’s experience in providing similar services.

Identify and briefly describe any pending criminal or civil suits brought against the Proposer, or suits which have resulted in an adverse judgment or settlement within the past five (5) years, arising out of Proposer’s inability to complete similar services and projects.

d. References: Please provide references for at least five organizations for whom Proposer is or has provided similar services. Identify any public sector experience in Tennessee.

e. Key Personnel: Identify and provide a brief professional resume of the key personnel anticipated to be used to provide the services sought.

f. Design: Visual design documents should be provided identifying specific playground elements and their placement. Proposers should highlight the proposed color schemes, unique play features, and safety surfacing.

g. Warranty: All Product warranty must be included in proposals. Detailed Warranty information should be provided for all equipment, safety surfacing, and craftsmanship.

h. City’s responsibilities: Identify and briefly describe the role and responsibilities Proposer would expect City to perform in achieving delivery of the requested services.

i. Proposer’s responsibilities: Identify and describe the services the Proposer can provide to achieve the required goals.

8.3 Submittal

All Proposals should be submitted via the City’s e-Procurement Portal, ProcureNow.

All Proposals must be submitted by 2:00 p.m. CST on July 20, 2022. All proposals will be opened at that time by the Purchasing Department via Zoom. A Zoom link will be provided to those vendors registered to bid on this procurement.