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ADDENDUM No 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid 6066 Roofing Services
OPENING DATE 2 30 P M (Our Clock) October 5, 2007
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made
CHANGE:
Page 3, paragraph 2, amend the 41h sentence to read
"No work order exceeding $75,000 shall be issued "
In the Service Agreement, Section 13, Warranty, add paragraph'd'
d Service Provider shall ensure that the City is listed as the Owner on any
warranty certificates covering new or replacement roofing.
In Exhibit A, Work Order form, add the following line between Protect Description and Scope of
Services
Warranty Coverage for new or replacement roofing- Labor _ years. Roof System
years.
Please contact James R Hume, CPPO, Senior Buyer at (970) 221-6776 with any questions
regarding this addendum
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED
2U North Mason Sweet • 2"" 1 loor • P 0 Box S80 • Forl Collms CO 80S12-0S80 • (970) 221-6775 • Fns (970) 221-6707 srnn Iseo, on
15 Remedies
In the event a parry has been declared in default, such defaulting party shall be allowed a period of
ten (10) days within which to cure said default In the event the default remains uncorrected, the
party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the
Agreement as continuing and require specific performance, or (c) avail himself of any other remedy
at law or equity If the non -defaulting party commences legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting
party's reasonable attorney fees and costs incurred because of the default
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 "C", 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 othe:rthan reports that are merely incidental to
WOSA 4/2001
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
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 confirm the employment eligibility of all newly hired
employees
b Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement
c 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
WOSA 4/2001
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
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By
James B O'Neill II, CPPO
Director of Purchasing and Risk Management
Date
By
(vendor name)
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date
ATTEST
CORPORATE SECRETARY
(Corporate Seal)
WOSA 4/2001
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED
Work Order Number _
Purchase Order Number
Protect Title
Commencement Date _
Completion Date
Maximum Fee (time and reimbursable direct costs)
Protect Description
Scope of Services
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Services Agreement
between the parties In the event of a conflict
between or ambiguity in the terms of the Services
Agreement and this work order (including the
attached forms) the Services Agreement shall
control
Service Provider
By
Date
City
Acceptance
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein by
this reference, and Notice to Proceed is hereby
given
City of Fort Collins
Date
Director of Purchasing and Risk Management if
over$30,000
4/2001
Exhibit C, Insurance Requirements
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
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
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
4/2001
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CITY OF FORT COLLINS
INVITATION TO BID
BID 6066 Roofing Services 2007
OPENING- 2.30 p m. (our clock), October 5, 2007
Sealed bids will be received and publicly opened at the office of the Directorof 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), October 5,
2007
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
Download the Bid from the Purchasing Webpage, Current Bids page, at
https //secure2 fcgov com/bso/login isq
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 inequity 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
215 North Macon Street • 2"" 1 lour • P 0 Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 ncca Ilmy Qom
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
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 acceptor 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
CITY OF FORT COLLINS
BID PROPOSAL
BID # 6066
ROOFING SERVICES 2007
BID OPENING. October 5, 2007, 2 30pm (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
ROOFING SERVICES - ANNUAL BID PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS
Contractors will perform repair, maintenance, and installation roofing services for the City of Fort
Collins 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
Awarded contractors must enter into the attached service agreement (sample attached for your
review) and provide the required insurance This agreement is effective for one year from the date
on the service agreement At the option of the City, the Agreement maybe 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 and, generally, may not exceed the Denver - Boulder
CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal
shall be provided to the Service Provider and mailed no later than sixty (60) days prior to contract
end
1 Contractor to
1 1 Provide normal services as established in the work order Provide emergency or
urgently requested services within one business day of request
1 2 Provide an after normal work hours phone number to be used by the City to request
emergency or urgently needed services
1 3 Clean-up the job site at the end of each day and at work completion
1 4 Obtain any needed permits for repair or installation work
1 5 Provide proof of personnel qualifications, to include but not limited to copies of
licenses, school certificates, letters of reference, etc
1 6 Provide evidence of having adequate and sufficient equipment to perform
quality services
2 Contractor Qualification
9
21 Contractor must have minimum of five (5) years experience in the installation and
repair of commercial roofing
22 Contractor must be certified for repairs of modified bitumen and other single -ply
roofs, asphalt shingles, cedar shake shingles, built -up -roofing, PVC, foam, clay the
and elastomeric systems
23 Work must be performed by the contractor's payroll employees under the
contractor's immediate supervision
Work Order Procedure
31 All job estimates must be submitted on a unit price basis consistent with the prices
established in the Bid Schedule section
32 Contractor will invoice for all jobs completed on a unit price basis using the prices
established in the Bid Schedule section including appropriate mark-up on materials,
if any Material invoices must be included with the billing invoices
33 Work order number and jobsite address must be included on billing invoices
34 The Contractor may be required, by the City User Department Representative, to
submit for review a breakdown of hours worked per man/day for Journeyman, and/or
apprentice workers, on any project or item of work requested
Other Fees and Surcharges
Mobilization or equipment charges the City will not pay such charges when the Contractor is
providing regular or emergency service work Contractor may charge the City a reasonable fee for
the use of equipment not normally carried or used in the course of providing such services, such as
special recycling equipment or the rental of equipment like a forklift Any such extra charges must
be approved by the City contact person or project manager
Trip charges the City will not pay such charges when the Contractor is providing regular or
emergency service work Trip charges may be approved in special circumstances, such as when
the Contractor arrives at the work site to find that services are no longer needed, for whatever
reason, or when the Contractor is required to make extra trips to a work site Such charges must be
approved by the City contact person or project manager
Fuel surcharges when fuel prices rise enough to cause an increase in the cost of providing
services, the Contractor may request that the City allow an extra surcharge to cover such added
costs The City will decide, on a case -by -case basis, whether or not to grant such an increase
Ig
Bid Proposal, Bid # 6066 Roofing Services 2007
Bid pricing for work done under this agreement
Journeyman -
Journeyman -
Arentice -reular
pp
Apprentice -
regular
overtime
overtime
$ / hour
$ / hour
$ / hour
$ / hour
Maximum material mark-up the City will
Under $500 +10%
Over $500 +8%
pay.
Enter your bid material mark-up rates
Under $500 %
Over $500 %
For this agreement your normal work hours are am to p m
The amount of any trip charge (if approved per Section 4, above) $ per trip
Material invoices must be included with billing statements
Method of Award,
Award will made to the responsive and responsible bidder with the lowest total cost for the labor and
material requirements of the sample job listed below Use your bid rates listed above No additional
fees or surcharges are to be part of this sample job
20 hours x $ (Normal Hourly rate for Journeyman) _ $
5 hours x $ (Overtime Hourly rate for Journeyman) _ $,
$5000 in materials x 1 % _ $
TOTAL COST = $
Signature
Title
Print Name
Company Name
Dale
(circle one) Corporation, Partnership, DBA, LLC, PC
Street
Phone #
City/State/Zip
Fax #
6
Sample *** SERVICES AGREEMENT ** Sample
WORK ORDER TYPE
Roofing Contractor
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 ###, ##, and shall continue in full force and effect until ###, ##,
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 Pricing changes shall be
negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office Written notice of renewal will be
WOSA 10/97 6
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 Provides 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 set forth for the hourly labor rate and material costs, with markups, stated
within the Bid Schedule, attached hereto as Exhibit "B", consisting of one (1) page, and
incorporated herein by this reference
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
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
WOSA 10/97 7
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 tc 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 underthis
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
WOSA 10/97