HomeMy WebLinkAboutBID - 6009 ELECTRICAL SERVICESCITY OF FORT COLLINS
INVITATION TO BID
C: it of 1 ort Ccaltills BID 6009
Electrical Services
BID OPENING: 2:30 p.m. (our clock), November 28, 2006
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid�roposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), November 28,
2006.
Questions concerning the scope of the bid should be directed to Project Manager Steve Seefeld,
(970)221-6227.
Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior
Buyer (970) 221-6776.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
https:Hsecure2.fcqov.com/bso/loni'n.i'sp.
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids maybe withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into
contract or honor the purchase order will be cause for removal of supplier's name from the City of
Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
215 North Mason Street • 2"" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 0 Fax (970) 221-6707 wwwAgov.com
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 "Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
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
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor 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.
G. If Contractor 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, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
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Exhibit B: Insurance Requirements
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the
City may deem proper and may deduct the cost of such insurance from any monies which
may be due or become due the Service Provider under this Agreement. The City, its
officers, agents and employees shall be named as additional insured on the Service
Provider's general liability and automobile liability insurance policies for any claims arising
out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged
in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for
each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
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CITY OF FORT COLLINS
INVITATION TO BID
Ci . of Fort Collins BID 6009
u..n..�. Electrical Services
BID OPENING: 2:30 p.m. (our clock), November 28, 2006
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid�roposal and/or contract documents. If delivered, they are to be sent
to 215 North Mason Street, 2 Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), November 28,
2006.
Questions concerning the scope of the bid should be directed to Project Manager Steve Seefeld,
(970) 221-6227.
Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior
Buyer (970) 221-6776.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
hftps:Hsecure2.fc-gov.com/bso/login.*sp.
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into
contract or honor the purchase order will be cause for removal of supplier's name from the City of
Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
215 North Mason Street 0 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 0 Fax (970) 221-6707 www.rcaov.com
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any
and all bids, and to waive any irregularities or informalities.
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.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the
bid opening.
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
BID PROPOSAL
BID # 6009
BID OPENING: November 28, 2006, 2:30pm (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
ELECTRICAL SERVICE - ANNUAL BID PER THE BID INVITATION AND REFERENCED
SPECIFICATIONS:
Service Provider will perform experienced electrical work to include repair, maintenance, demolition
and new installation on commercial City buildings and various other City facilities. The contractorwill
occasionally be required to work non-traditional hours, ie. hours other than 8:00 A.M. to 5:00 P.M.,
Monday through Friday, and weekends. The City of Fort Collins expects quality work which may
exceed minimum industry standards. Needed services during the contract period will be requested
through issuance of work orders. There is no guaranteed minimum amount of services to be
ordered. No work order exceeding $50,000 will be issued. The City reserves the right to supply any
or all materials.
1. Service Provider to:
A. Provide normal services as established in the work order. Provide emergency or
urgently requested services within 2 (two) hours of request.
B. Carry insurance levels and provide bonding as required in the agreement.
C. Provide an after normal work hours phone number to be used by the City to request
emergency or urgently needed services.
D. Clean-up the job site at the end of each day and at work completion.
E. Obtain any needed permits for repair or installation work.
F. Provide proof of personnel qualifications, to include but not limited to: copies of
licenses, school certificates, letters of reference, etc.
G. Provide evidence of having adequate and sufficient equipment to perform quality
services.
2. Contractor Qualifications. Contractor must:
A. Have at least five (7) years experience in commercial electrical construction and
commercial repair.
B. Be licensed as a Master Electrician with the State of Colorado and the City of Fort
Collins.
3. Work Order Procedure:
A. All job estimates must be submitted on a unit price basis consistent with the prices
established in the Methods of Award/Bid Schedule section.
B. Contractor will invoice for all jobs completed on a unit price basis with the prices
established in the Method of Award/Bid Schedule section, including appropriate
mark up on materials, if any. Material invoices must be included with the billing
invoices.
C. Work order number must be included on the billing invoices.
4. Hourly rates charged for work ordered under this agreement will be:
A. Normal Hours (From _ A.M. To _ P.M.)
$ per hour (Journeyman) $ per hour (Apprentice)
B. Overtime Rates:
per hour (Journeyman) $ per hour (Apprentice)
C. Material Costs:
The maximum material mark-up the City will pay is:
- for job materials costing less than $500= 10%
- for job materials costing more than $500= 8%
Please indicate below your company mark-up (not to exceed City Maximum).
Cost Plus _ percent for job materials costing less than $500.
Cost Plus percent for job materials costing more than $500.
Material invoices are to be included with billing statements.
5. Method of Award:
Award will be based upon (1) The most favorable total cost for the labor and material
requirements set forth in the sample jobs listed below and (2) the Service Provider meeting the
requirements of the Service Agreement.
Sample Job #1:
Labor
20 Hours X $ (Normal Hourly rate for Journeyman) _ $
2 Hours X $ (Normal Hourly rate for Apprentice) _ $
Materials $400 x 1. (markup) _ $
Job #1 Total Cost: $
Sample Job #2:
Labor
8 Hours x $ (Overtime Hourly rate for Journeyman) = $
2 Hours x $ (Overtime Hourly rate for Apprentice) = $
Materials $800 x 1. (markup) = $
Job #2 Total Cost: $
Both Jobs Total Cost $
Technical questions concerning this bid should be directed to Steve Seefeld, Project Manager.
Phone: 970-221-6227. Email: sseefeld@fcgov.com
Procedural questions concerning this bid should be directed to Jim Hume, Senior Buyer.
Phone: 970-221-6776. Email: jhume@fcgov.com
Signature:
Title:
Print Name:
Company:
Date:
Street:
Phone #:
City:
Fax #:
State/Zip:
Email:
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4W
"""Sample Agreement— SERVICES AGREEMENT
WORK ORDER TYPE
Electrical Services
THIS AGREEMENT made and entered into the day and year set forth below, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and ##, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed
a. This Agreement shall constitute the basic agreement between the parties for services. The
conditions set forth herein shall apply to all services performed by the Service Provider on
behalf of the City and particularly described in Work Orders agreed upon in writing by the
parties from time to time. Such Work Orders, a sample of which is attached hereto as
Exhibit "A", consisting of ## (# ) page, and incorporated herein by this reference, shall
include a description of the services to be performed, the location and time for performance,
the amount of payment, any materials to be supplied by the City and any other special
circumstances relating to the performance of services. The only services authorized under
this agreement are those which are performed after receipt of such Work Order, except in
emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2)
working days.
b. The City may, at any time during the term of a particular Work Order and without invalidating
the Agreement, make changes within the general scope of the particular services assigned
and the Service Provider agrees to perform such changed services.
2. Changes in the Work
The City reserves the right to independently bid any services rather than issuing work to the Service
Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have
any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services
The services to be performed pursuant to this Agreement shall be initiated as specified by each
written Work Order or oral emergency service request. Oral emergency service requests will be
acted upon without waiting for a written Work Order. Time is of the essence.
4. Contract Period
This Agreement shall commence January 1, 2007, and shall continue in full force and effect until
December 31, 2007, 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. Pricing changes shall be negotiated by and agreed to by both parties.
The Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office will be
WOSA 09/01/06
51
used as a guide. Written notice of renewal will be provided to the Service Provider and mailed no
later than sixty (60) days prior to contract end.
5. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without is fault or negligence, then the party so prevented
shall be excused from whatever performance is prevented by such cause. To the extent that the
performance is actually prevented, the Service Provider must provide written notice to the City of
such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices
Notwithstanding the time periods contained herein, the City may terminate this Agreement at any
time without cause by providing written notice of termination to the Service Provider. Such notice
shall be mailed 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 address:
City Service Provider
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the termination date, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum
This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to
be performed will be stated on the individual Work Orders. The City makes no guarantee as to the
number of Work Orders that may be issued or the actual amount of services which will in fact be
requested.
8. Payments
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work
done and all materials furnished and for all costs and expenses incurred in performance of
the work the sums for hourly labor rate and material costs, with markups, as follows:
enter labor rates and material markups
b. Payment shall be made by the City only upon acceptance of the work by the City and upon
the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such
work.
9. City Representative
The City's representative will be shown on the specific Work Order and shall make, within the scope
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7
of his or her authority, all necessary and proper decisions with reference to the work requested. All
requests concerning this Agreement shall be directed to the City Representative.
10. Independent Contractor
It is agreed that in the performance of any services hereunder, the Service Provider is an
independent contractor responsible to the City only as to the results to be obtained in the particular
work assignment and to the extend that the work shall be done in accordance with the terms, plans
and specifications furnished by the City.
11. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shall be considered as an agreement for personal services.
Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties
arising under the Agreement without the prior written consent of the city.
12. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed to
operate as a waiver of any rights under the Agreement or of any cause of action arising out of the
performance of this Agreement.
13. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work of
a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into
any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work, provided under this
Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a
time acceptable to City.
14. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
15. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period of
ten (10) days within which to cure said default. In the event the default remains uncorrected, the
party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the
Agreement as continuing and require specific performance; or (c) avail himself of any other remedy
at law or equity. If the non -defaulting party commences legal or equitable actions against the
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f3
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any
and all bids, and to waive any irregularities or informalities.
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.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the
bid opening.
ires B. Ne�tor of Purchasing and Risk Management
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting
parry's reasonable attorney fees and costs incurred because of the default.
16. Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the parties
and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure
to the benefit of the respective survivors, heirs, personal representative, successors and assigns of
said parties.
17. Indemnity/Insurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work hereunder
to prevent injury to persons and property.
C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "B", consisting of
one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 215 Mason, 2nd Floor, Fort Collins, Colorado 80524, one
copy of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the city.
18. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties. Covenants or representations not contained in this Agreement
shall not be binding on the parties.
19. Law/Severability
This Agreement shall be governed in all respect by the laws of the State of Colorado. 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
This paragraph shall apply to all Contractors whose performance of work under this Agreement
does not involve the delivery of a specific end product other than reports that are merely incidental to
the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et seq., Contractor
represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
W OSA 09101 /06
v
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 "Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
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
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor 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.
G. If Contractor 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, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
W OSA 09/01 /06 10
Exhibit B: Insurance Requirements
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the
City may deem proper and may deduct the cost of such insurance from any monies which
may be due or become due the Service Provider under this Agreement. The City, its
officers, agents and employees shall be named as additional insured on the Service
Provider's general liability and automobile liability insurance policies for any claims arising
out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged
in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly
or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for
each coverage, Commercial General and Vehicle, shall not be less than $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
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BID PROPOSAL
BID # 6009
BID OPENING: November 28, 2006, 2:30pm (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
ELECTRICAL SERVICE - ANNUAL BID PER THE BID INVITATION AND REFERENCED
SPECIFICATIONS:
Service Providerwill perform experienced electrical work to include repair, maintenance, demolition
and new installation on commercial City buildings and various other Cityfacilities. The contractorwill
occasionally be required to work non-traditional hours, ie. hours other than 8:00 A.M. to 5:00 P.M.,
Monday through Friday, and weekends. The City of Fort Collins expects quality work which may
exceed minimum industry standards. Needed services during the contract period will be requested
through issuance of work orders. There is no guaranteed minimum amount of services to be
ordered. No work order exceeding $50,000 will be issued. The City reserves the right to supply any
or all materials.
1. Service Provider to:
A. Provide normal services as established in the work order. Provide emergency or
urgently requested services within 2 (two) hours of request.
B. Carry insurance levels and provide bonding as required in the agreement.
C. Provide an after normal work hours phone number to be used by the City to request
emergency or urgently needed services.
D. Clean-up the job site at the end of each day and at work completion.
E. Obtain any needed permits for repair or installation work.
F. Provide proof of personnel qualifications, to include but not limited to: copies of
licenses, school certificates, letters of reference, etc.
G. Provide evidence of having adequate and sufficient equipment to perform quality
services.
2. Contractor Qualifications. Contractor must:
A. Have at least five (7) years experience in commercial electrical construction and
commercial repair.
B. Be licensed as a Master Electrician with the State of Colorado and the City of Fort
Collins.
3. Work Order Procedure:
A. All job estimates must be submitted on a unit price basis consistent with the prices
4.
5.
established in the Methods of Award/Bid Schedule section.
B. Contractor will invoice for all jobs completed on a unit price basis with the prices
established in the Method of Award/Bid Schedule section, including appropriate
mark up on materials, if any. Material invoices must be included with the billing
invoices.
C. Work order number must be included on the billing invoices.
Hourly rates charged for work ordered under this agreement will be:
A. Normal Hours (From _ A.M. To _ P.M.)
per hour (Journeyman) $ per hour (Apprentice)
B. Overtime Rates:
$ per hour (Journeyman) $ per hour (Apprentice)
C. Material Costs:
The maximum material mark-up the City will pay is:
- for job materials costing less than $500= 10%
- for job materials costing more than $500= 8%
Please indicate below your company mark-up (not to exceed City Maximum).
Cost Plus _ percent for job materials costing less than $500.
Cost Plus ^ percent for job materials costing more than $500.
Material invoices are to be included with billing statements.
Method of Award:
Award will be based upon (1) The most favorable total cost for the labor and material
requirements set forth in the sample jobs listed below and (2) the Service Provider meeting the
requirements of the Service Agreement.
Sample Job #1
Labor
20 Hours X $ (Normal Hourly rate for Journeyman) _ $
2 Hours X $ (Normal Hourly rate for Apprentice) _ $
Materials $400 x 1. (markup) _ $
Job #1 Total Cost: $ _
Sample Job #2:
Labor
8 Hours x $ (Overtime Hourly rate for Journeyman) = $
2 Hours x $ (Overtime Hourly rate for Apprentice) = $
Materials $800 x 1. (markup) = $
Job #2 Total Cost: $
Both Jobs Total Cost $
Technical questions concerning this bid should be directed to Steve Seefeld, Project Manager.
Phone: 970-221-6227. Email: sseefeld@fcgov.com
Procedural questions concerning this bid should be directed to Jim Hume, Senior Buyer.
Phone: 970-221-6776. Email: jhume@fcgov.com
Signature:
Title:
Print Name:
Company:
Date:
Street:
Phone #:
City:
Fax #:
State/Zip:
Email:
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***Sample Agreement*** SERVICES AGREEMENT
WORK ORDER TYPE
Electrical Services
THIS AGREEMENT made and entered into the day and year set forth below, by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and ###, hereinafter referred to as "Service Provider'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed
a. This Agreement shall constitute the basic agreement between the parties for services. The
conditions set forth herein shall apply to all services performed by the Service Provider on
behalf of the City and particularly described in Work Orders agreed upon in writing by the
parties from time to time. Such Work Orders, a sample of which is attached hereto as
Exhibit "A", consisting of ##j(# ) page, and incorporated herein by this reference, shall
include a description of the services to be performed, the location and time for performance,
the amount of payment, any materials to be supplied by the City and any other special
circumstances relating to the performance of services. The only services authorized under
this agreement are those which are performed after receipt of such Work Order, except in
emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2)
working days.
b. The City may, at anytime during the term of a particular Work Order and without invalidating
the Agreement, make changes within the general scope of the particular services assigned
and the Service Provider agrees to perform such changed services.
2. Changes in the Work
The City reserves the right to independently bid any services rather than issuing work to the Service
Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have
any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services
The services to be performed pursuant to this Agreement shall be initiated as specified by each
written Work Order or oral emergency service request. Oral emergency service requests will be
acted upon without waiting for a written Work Order. Time is of the essence.
4. Contract Period
This Agreement shall commence January 1, 2007, and shall continue in full force and effect until
December 31, 2007, 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. Pricing changes shall be negotiated by and agreed to by both parties.
The Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office will be
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used as a guide. Written notice of renewal will be provided to the Service Provider and mailed no
later than sixty (60) days prior to contract end.
5. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without is fault or negligence, then the parry so prevented
shall be excused from whatever performance is prevented by such cause. To the extent that the
performance is actually prevented, the Service Provider must provide written notice to the City of
such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices
Notwithstanding the time periods contained herein, the City may terminate this Agreement at any
time without cause by providing written notice of termination to the Service Provider. Such notice
shall be mailed 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 address:
City Service Provider
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the termination date, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum
This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to
be performed will be stated on the individual Work Orders. The City makes no guarantee as to the
number of Work Orders that may be issued or the actual amount of services which will in fact be
requested.
8. Payments
a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work
done and all materials furnished and for all costs and expenses incurred in performance of
the work the sums for hourly labor rate and material costs, with markups, as follows:
enter labor rates and material markups
b. Payment shall be made by the City only upon acceptance of the work by the City and upon
the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such
work.
9. City Representative
The City's representative will be shown on the specific Work Order and shall make, within the scope
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of his or her authority, all necessary and proper decisions with reference to the work requested. All
requests concerning this Agreement shall be directed to the City Representative.
10. Independent Contractor
It is agreed that in the performance of any services hereunder, the Service Provider is an
independent contractor responsible to the City only as to the results to be obtained in the particular
work assignment and to the extend that the work shall be done in accordance with the terms, plans
and specifications furnished by the City.
11. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shall be considered as an agreement for personal services.
Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties
arising under the Agreement without the prior written consent of the city.
12. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed to
operate as a waiver of any rights under the Agreement or of any cause of action arising out of the
performance of this Agreement.
13. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work of
a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into
any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and otherwork, provided under this
Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a
time acceptable to City.
14. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
15. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period of
ten (10) days within which to cure said default. In the event the default remains uncorrected, the
party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the
Agreement as continuing and require specific performance; or (c) avail himself of any other remedy
at law or equity. If the non -defaulting party commences legal or equitable actions against the
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defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting
party's reasonable attorney fees and costs incurred because of the default.
16. Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the parties
and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure
to the benefit of the respective survivors, heirs, personal representative, successors and assigns of
said parties.
17. Indemnity/Insurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with
the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work hereunder
to prevent injury to persons and property.
C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "B", consisting of
one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 215 Mason, 2"d Floor, Fort Collins, Colorado 80524, one
copy of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the city.
18. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties. Covenants or representations not contained in this Agreement
shall not be binding on the parties.
19. Law/Severability
This Agreement shall be governed in all respect by the laws of the State of Colorado. 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
This paragraph shall apply to all Contractors whose performance of work under this Agreement
does not involve the delivery of a specific end product other than reports that are merely incidental to
the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor
represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
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