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ATTACHMENT A

REQUEST FOR PROPOSALS

2023-017

Playground Surface Replacement

for the CITY OF DERBY

June 9, 2023

The City of Derby, Kansas (hereinafter referred to as the “City”) invites proposals for a Playground Surface Replacement project at Madison Avenue Central Park, 512 E. Madison Ave. Please carefully review this document. If you are interested in making a proposal consistent with the conditions, instructions, requirements, and specifications as contained herein, submit one (1) original and two (2) copies of the Response Form together with a comprehensive proposal in a sealed envelope no later than 12:00 p.m. (Central time) on Friday, June 30, 2023. The outside of the envelope should be clearly marked with the Proposer’s name and address and identified as “Submission of Proposal—Playground Surface Replacement.” The sealed envelope should be addressed as follows:

Derby City Clerk

611 Mulberry Road

Derby, KS 67037

RFP # 2023-017

It is the sole responsibility of the proposer to see that its response and the appropriate documents are delivered on time. Any response received after the scheduled closing time for receiving proposals will be returned to the proposer unopened and will not be considered. Interested proposers are responsible for checking Derby’s website and acknowledging all addenda in their response.

Proposed base pricing for services may be disclosed at a public meeting to receive and file responses of this solicitation at the City of Derby Board of Bids and Contracts meeting. Other information provided in your response will be considered proprietary and will not be divulged during the proposal review process unless otherwise required by law. Because the services sought will require the expenditure of public funds, part or all of the successful proposal, as well as a resulting contract, will likely be public records within the meaning of the Kansas Open Records Act. Prior to acceptance of a proposal, the information contained in each proposal will be used for evaluating the proposer’s ability to handle the scope of services and will not be shared with persons not involved in the evaluation of proposals unless otherwise required by law.

Thank you for your interest in serving the City of Derby.

__________________________

Steve White

Director of Parks

1. ABOUT THIS DOCUMENT

This document is a Request for Proposals. It differs from a Request for Bids/Quotations in that the City is inviting proposals for a Playground Surface Replacement project that are most advantageous to Derby, in Derby’s sole discretion. This is not a bid/quotation meeting firm specifications for the lowest price, and as such, the lowest price proposed will not guarantee an award recommendation. Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of the service, of which quality, references, availability or capability, may be overriding factors.

Proposal evaluation criteria will be used as standards by which to measure how well a proposer’s approach addresses Derby’s objectives and needs. Criteria that will be considered in evaluating proposals are set forth in this RFP. Derby will thoroughly review all proposals received and may conduct an interview process for top proposals and to further discuss services and pricing. A proposer’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby reserves the right to conduct discussion or negotiation with any proposer regarding any proposal Derby deems competitive. Derby may also request best and final offers from any proposers and make an award or conduct negotiations thereafter. Derby reserves the right to select and recommend for award the proposal which best meets its required objectives and needs, in the sole discretion of Derby.

Questions regarding this document must be submitted in writing to Steve White, Director of Parks, at stevewhite@derbyweb.com For security reasons, you must enable JavaScript to view this E-mail address. by 12:00 p.m. (Noon) on Friday, June 16, 2023. Questions of a substantive nature will be answered in writing as an addendum and posted on the Derby website at www.derbyks.com by 12:00 (Noon) on Friday, June 23, 2023.

2. BACKGROUND and OBJECTIVES

The City of Derby is a fast-growing, progressive community located 10 minutes south of Wichita. In 2007, Family Circle Magazine recognized Derby as one of the Top 10 Best Towns for Families in the County. U.S. World and News Report designated Derby as a Best Place to Retire in 2006. The City of Derby has a population of 23,214 and is a full-service city providing water, sewer, police, fire and other municipal services in the metropolitan area of south-central Kansas. The City of Derby is served by two major north/south traffic corridors. The City operates under a mayor/council/manager form of government.

The City seeks a professional firm that will provide all required services, including labor, equipment, material and consumables, necessary to complete the project described in the “Scope of Service.” A contract will be executed after the City Council approves the recommended Respondent.

3. SCOPE OF SERVICES

The City of Derby is interested in proposals for the replacement of playground surfaces with infilled synthetic turf surfaces that will provide a quality playing surface at competitive rates. The proposals will be evaluated on experience, quality, price, and turnaround time.

General Information : The City reserves the absolute right in its obligations to the public to accept the proposal that best serves the public interest. In order to permit manufacturers to follow their standard manufacturing processes, minor deviations from the provisions of these specifications will be considered. Such deviations will be approved only at the discretion of the City and only if such approval, in the sole opinion of the City, does not adversely affect the goal(s) of the City. All deviations from the above specifications, however insignificant, must be fully explained on response sheets and shall become part of the proposal.

A performance bond, payment bond, and statutory bond each in the amount of 100 percent of the Contract Price, with a corporate surety approved by the City, may be required for the faithful performance of the contract.

The successful contractor will have ten (10) calendar days upon notification of award to execute the Agreement and obtain the performance, payment, and statutory Bonds and return all required documents to the City to the attention of Steve White, Parks Director.

The Minimum Scope of Services for this project includes, but is not be limited to the following:

• Attend any meetings with City staff to discuss the project and objectives.
• Attend all other meetings as required for the successful completion of the project.
• Removal and disposal of all current artificial turf and poured-in-place material.
• Poured-in-place material to be replaced with low tufted, heavy duty, accent style, artificial grass.
• Replacement of existing composite nailer board as needed. Reutilization of existing nailer board at separation of poured in place/ artificial turf is at installer’s discretion.
• Replacement of existing subsurface safety padding as needed.
• Replacement padding meet will ASTM fall heights of 12’.
• Expansion of turf area around splash pad and exterior playground railing.
• Install a complete synthetic grass playground system that shall consist of, but not necessarily be limited to the following:
• Grass 1
  1. Quality synthetic grass product that shall meet or exceed all guidelines published by the Synthetic Turf Council.
  2. Yarn Type: Polyethene monofilament
  3. Yarn Count: 5600/8
  4. Yarn Color: Red Clay/ Green (final color selection to be determined at time of installation by Owner, from manufacturers standard range of colors.
  5. Tufting Construction: Single yarn
  6. Blade Height: 3/4"
  7. Tufting Gauge: 3/16”
  8. Face Weight: 48 oz.
  9. Total Weight: 113 oz.
  10. Backing: Unitary or Foam
      • ASTM rated 12’ fall height safety surface.
      • All components and their installation method shall be designed and manufactured for use on playgrounds. The materials as hereinafter specified shall withstand full climatic exposure in the location of the playground, be resistant to insect infestation, rot, fungus, mold and mildew, shall also withstand ultra-violet rays and extreme heat, and allow the free flow of water vertically through the playing surface and into the drainage system below the surface.
      • The installed synthetic playground grass and drainage system shall allow for drainage and water flow through the system at a rate of not less than 10 inches per hour.
      • The synthetic grass will be delivered in 15-foot-wide rolls.
      • The rolls will be laid out and installed as specified in the site layout and equipment drawings.
      • All seams shall be installed and secured with micromechanical bonding. Seams secured with adhesive or stitching alone shall not be accepted.
      • Provide a unit cost for replacement of base drainage aggregate for areas that may be compromised with debris.
• Grass 2
  • Quality synthetic grass product that shall meet or exceed all guidelines published by the Synthetic Turf Council.
  • Pile Weight: 48 oz/sy
  • Face Yarn Type: Primary: Polyethylene slit film; Secondary: Heat set textured nylon monofilament, antimicrobial technology in the blades.
  • Yarn Count: Primary: 5,040/1; Secondary: 4,200/8
  • Pile Height (tufted): 1-1/2 inch (finish height may be slightly lower)
  • Color: Primary: Olive green; Secondary: Turf green/tan blend
  • Construction: Dual yarn, same row
  • Tufting Gauge: 3/8 inch
  • Seaming: Micromechanical bonding
  • Total Product Weight: 108 oz/ s/y (+/- 2 oz)
  • Antistatic technology: provide
  • Finished Roll Width: 15 feet (4.6 m)
  • Finished Roll Length: Up to 240 feet (73 m)
  • The synthetic grass surface shall be specifically designed, manufactured and installed for the intended use as a playground safety surface.
  • Antistatic technology shall be inherent in turf design.
  • A resilient infill system.
  • ASTM rated 12’ fall height safety surface.
  • All components and their installation method shall be designed and manufactured for use on playgrounds. The materials as hereinafter specified shall withstand full climatic exposure in the location of the playground, be resistant to insect infestation, rot, fungus, mold and mildew, shall also withstand ultra-violet rays and extreme heat, and allow the free flow of water vertically through the playing surface and into the drainage system below the surface.
  • The installed synthetic playground grass and drainage system shall allow for drainage and water flow through the system at a rate of not less than 10 inches per hour.
  • The synthetic grass will be delivered in 15-foot-wide rolls.
  • The rolls will be laid out and installed as specified in the site layout and equipment drawings.
  • All seams shall be installed and secured with micromechanical bonding. Seams secured with adhesive or stitching alone shall not be accepted.
  • Provide a unit cost for replacement of base drainage aggregate for areas that may be compromised with debris.

See Attachment A for synthetic grass layout and design.

Required Submittals:

• Synthetic grass vendor must submit the following to owner with the official proposal package:
  • One (1) copy of the most recent installation reference list of projects of similar scope to this project completed in last three years.
  • One (1) 12”x12” loose sample of proposed synthetic grass product and resilient base course representative of finished synthetic grass playground system.
  • One (1) copy of independent test report from a certified independent laboratory certifying the proposed playground surface system is fully compliant with ASTM 1292-04 up to 12’ fall height.
  • One (1) copy of independent test report from a certified independent laboratory certifying the proposed playground surface system is fully compliant with ASTM 1951 Standardized test for ADA Compliance.
  • One (1) copy of the product warranty for each proposed synthetic grass product.
  • One (1) copy of their maintenance instructions. These instructions will include all necessary instructions for the proper care and maintenance of the newly installed synthetic turf system.
  • One (1) copy of edge details of proposed installation and terminations of synthetic grass playground system.
  • One (1) copy of a signed letter from synthetic grass vendor certifying that the proposed synthetic grass product is manufactured in the USA.
  • One (1) copy (if requested) of independent laboratory test reports on system or components.

4. CONFIDENTIAL MATTERS

Anyone submitting a proposal agrees that all data, records and information which proposer, its agents and employees obtain access to, create, and which are the subject of this proposal, remain at all times exclusively the property of Derby. Anyone submitting a proposal also agrees that all such data, records and information constitute, at all times, proprietary information of the City and that proposer will not disclose, provide or make available any such proprietary information in any form to any person or entity.

In addition, anyone submitting a proposal agrees that it will not use any names or addresses contained in such data, records, and information for the purpose of selling or offering for sale any property or service to any person or entity who resides at any such address in such data; that it will not sell, giver or otherwise make available to any person or entity any names or addresses contained in or derived from such data, records or information for the purpose of allowing such person to sell or offer for sale any property or service to any person or entity named in such data. Anyone submitting a proposal further agrees that it will take reasonable steps and the same protective precautions to protect Derby’s proprietary information from disclosure to third parties as with the proposer’s own proprietary and confidential information and that all data, regardless of form, that is generated as a result of this RFP is the property of Derby.

5. MANDATORY REQUIREMENTS

This section is provided to assist participating proposers in forming a thorough response for services outlined in this document. Proposals submitted must reflect in detail their inclusion as well as the degree to which they can be provided. The successful proposal shall:

1. Submit the name of the lead person from your firm who will be responsible for managing this work for Derby together with a brief biography detailing experience of said person and general information about proposer’s company.
2. Provide a statement of the respondent's background, experience, and understanding of the services and materials required. If available, submit examples of experience with similar projects for municipal governments, including contact information.
3. Submit a statement describing the proposer’s present and projected workload, staffing, and ability to provide prompt, quality services.
4. Disclose all fees or other compensation to be paid to or on behalf of the proposer by Derby for services and/or goods provided.
5. Submit a statement disclosing any current, pending, or potential disciplinary action or complaint(s) or other like proceedings, including any claims in arbitration, mediation, or litigation, against the proposer or any partner or associate of your firm or team.
6. Disclose any actual or potential conflicts of interest with the City, its officers, agents and employees.
7. Conform to the requirement to maintain strict confidentiality about all matters of this project.
8. Describe any partnerships with any organizations/subcontractors/suppliers that will play a role in this project.
9. Identify at least three (3) references including the organization/business, address, contact person, phone number, date of services, and scope of services, unless your firm has prior experience working with the City of Derby.
10. Provide a copy of your certificates of insurance verifying professional, commercial general, automobile liability, and workers’ compensation insurance coverage with minimum policy limits as detailed in this RFP. The coverage must be maintained and carried in force for the duration of the contract.
11. Provide any additional information believed necessary to assist the City in evaluating your proposal.
12. Provide response with requested information, samples, and submittals per Section 3 of this RFP together with the proposal response form.
13. Provide a proposal bond equal to 5% of the total price proposed for the services and materials to be provided per the terms of this RFP.

6. TENTATIVE TIME LINE

The following dates are provided to assist interested firms in planning participation in the project described herein. The dates listed, however, are in no way guaranteed and are subject to change without notice.

Issue Request for Proposals................................................................................June 9, 2023

Questions Due.................................................................................................... June 16, 2023

Addendums Posted to City Website................................................................... June 23, 2023

Proposals due.................................................................................................... June 30, 2023 (noon)

7. SELECTION CRITERIA

The selection process will be based on responses to this RFP, verification of references and any interviews required verifying the ability of proposer to provide services in response to this document. The Director of Parks will designate an individual or committee to review all proposals and make a recommendation to Derby’s Bid Board. The Bid Board will make a recommendation to the City Manager and/or City Council in accordance with Derby policies.

Representatives of Derby will evaluate each proposal based on the following criteria:

1. Demonstrating clearly and completely, your firm’s ability to meet all RFP conditions, minimum specifications, and miscellaneous instructions as outlined herein;
2. Demonstrating the skill and experience necessary to meet Derby’s needs;
3. Meeting mandatory requirements outlined herein;
4. Proposing services described herein with the most advantageous and prudent methodology and cost to Derby;
5. Providing references reflecting projects having a scope of services similar to those requested by Derby within the last three years (include location, contact person, telephone number, length of contract, and any other pertinent information related to this type of project); and
6. Provision of a certificate of insurance by the successful proposer evidencing insurance coverage for all work and services to be performed as part of the contract award in amounts not less than the following:

Comprehensive Commercial General Liability Coverage: $1,000,000 Each Occurrence

$1,000,000 Personal & Adv Injury

$2,000,000 General Aggregate

$2,000,000 Products Completed/

Operations Aggregate

Automobile Liability $1,000,000 Combined Single Limit

Workers Compensation Workers’ Compensation—Statutory

$500,000 Each Accident

$500,000 Disease-Policy Limit

$500,000-Each Employee

The above amounts are the minimum insurance requirements necessary to comply with the submission requirements for this RFP and may be achieved through the use of an umbrella or excess coverage policy. Said certificate of insurance shall be written by a reputable insurance carrier approved by Derby and the final certificate will name Derby as an additional insured on general liability and automobile liability coverages.

NO NEGOTIATIONS, DECISIONS OR ACTIONS SHALL BE INITIATED BY ANY FIRM OR PROPOSER AS A RESULT OF ANY VERBAL DISCUSSION WITH ANYONE, INCLUDING CITY EMPLOYEES, PRIOR TO COMPLETION OF THE RFP PROCESS.

Derby reserves the right to select the proposal which best meets, in its sole discretion, its required needs, budget constraints, quality levels, and administrative expectations. Due to the importance of this project, Derby also reserves the right to select one or more firms to accomplish this task or to reject all proposals.

8. CONTRACT PERIOD and PAYMENT TERMS

The contract form to be entered into with the successful proposer is attached to this RFP as Exhibit A.

9. PROPOSAL CONDITIONS

In submitting a response to this RFP, proposer hereby understands and acknowledges the following:

1. Any response not received by the City prior to the deadline date and time will not be considered.
2. Derby reserves the right to:
   1. Cancel the RFP process or the work described herein prior to issuance and acceptance of any final agreement even if the Derby City Council has formally accepted a recommendation and authorized execution of an agreement;
   2. Accept or reject any and all responses;
   3. Request additional information or clarification from those submitting responses and allow corrections to errors and omissions. Clarifications to a proposer’s response shall be signed by an officer of the proposer authorized to commit the proposer to all terms and conditions contained in the response;
   4. Disregard responses that do not meet the stated requirements as determined by Derby. Responses which are non-responsive, conditional or not in compliance with the information requested in this RFP will be disqualified unless Derby waives such non-compliance;
   5. Waive any technicalities or irregularities involving any response, including noncompliance;
   6. Select the proposer that will best meet the needs of Derby; and
   7. Negotiate with the proposer submitting the best response to obtain an eventual agreement to provide the requested services.
3. Derby will not pay for any information requested herein, nor is it liable for any costs incurred by those submitting proposals.
4. All responses and related information submitted in response to the RFP will become the property of Derby and will not be returned. Each proposer submitting a response waives any right of confidentiality to the proposal documents. If a proposer submitting a proposal considers certain material in the response to be proprietary information, it should clearly designate those portions of the response it wishes to remain confidential. As a public entity, Derby is subject to making records available for public disclosure as required by law. Derby will make reasonable attempts to maintain the confidentiality of material marked proprietary; however, it cannot guarantee information will not be made public.
5. By submission of a response, each proposer certifies that:
   1. The proposer has not paid nor agreed to pay any person, other than a bona fide employee or subcontractor, a fee or a brokerage commission resulting from award of the contract.
   2. Derby may, by written notice, cancel any award under this RFP if it is found by Derby that gratuities in the form of entertainment, gifts or otherwise were offered or given to any representative of Derby with a view toward securing the award of a contract or other favorable treatment with respect to this RFP.
6. Derby reserves the right to make any agreements subject to the provisions of the Kansas Cash Basis Law (K.S.A. 10-1112 and 10-1113) and the Kansas Budget Law (K.S.A. 79-2935). Agreements shall be construed and interpreted so as to ensure that Derby shall at all times stay in conformity with such laws, and as a condition of agreements, Derby reserves the right to unilaterally sever, modify, or terminate agreements at any time, if in the opinion of its legal counsel the Agreement may be deemed to violate the terms of such law(s).
7. All project participants, consultants, and contractors must comply with applicable Federal, State, County, and local municipal laws pertaining to contracts entered into by governmental agencies, including non-discrimination in employment, the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.), the provisions of K.S.A. 44-1030, and the following terms:
   1. The successful proposer will observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under this project because of race, religion, color, sex, disability, national origin, or ancestry;
   2. In all solicitations or advertisements for employees, the successful proposer shall include the phrase “Equal Opportunity Employer,” or a similar phrase to be approved by the Kansas Human Rights Commission;
   3. If the proposer fails to comply with the manner in which it reports to the Kansas Human Rights Commission in accordance with state law, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby.
   4. If the proposer is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Human Rights Commission which has become final, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby; and
   5. The successful proposer will include the provisions of the above subsections (a) through (d), inclusive, of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor or contractor.
8. Alternate proposals (two or more proposals submitted) will be considered for an award. Derby reserves the right to make the final determination of actual equivalency or suitability of such proposals with respect to requirements outlined herein.
9. Derby may award a contract based on initial offers received without discussion of such offers. A vendor’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby may however have discussion with those vendors that it deems, in its discretion, to fall within a competitive range. Derby may also request best and final offers from such proposers and make an award and/or conduct negotiations thereafter.
10. Prices proposed may not be withdrawn for a period of 120 days immediately following the opening of proposals. Prices MUST be free of federal, state, and local taxes unless otherwise imposed by a governmental body.
11. Derby interprets “lowest responsible proposer” as requiring Derby to (a) choose between the kinds of materials, goods, wares, or services subject to the proposal, and (b) determine which proposal is most suitable for its intended use or purpose and maintenance costs of items upon which proposals are received. Derby can determine any differences or variations in the quality or character of the material, goods, wares, or services performed or provided by the respective proposers.
12. All requested information must be supplied. If you cannot respond to any part of this request, state the reason you cannot respond. You may provide supplemental information, if necessary, to assist Derby in analyzing your proposal.
13. After the award, if the successful proposer refuses or fails to provide the services within the times specified in the RFP proposal or contractual agreement, Derby may, by written notice, terminate the award and contract, and Derby may take any such additional action as a result of the proposer’s refusal or failure to perform, including, but not limited to, asserting claims against proposer’s bonds.

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ATTACHMENT A