HomeMy WebLinkAboutBID - 6108 PAINTING SERVICES (2)INVITATION TO BID
6108 Painting Services- 2008 Annual
BID OPENING: 2:30 P.M. (our clock), July 8, 2008
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), July 8, 2008.
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:
http://fcgov.com/eprocuremen
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 Bids maybe withdrawn up to the date and hour set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.
where renewal is a way of life
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 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 often (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,
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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 N 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
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
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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 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 A: Scope of Work
(four or five pages, adapted from bid text)
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Exhibit B: 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 insureds 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 peraccident, $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.
Exhibit C: Work Order Form
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:.
Maximum Fee: (time and reimbursable direct costs):
Project
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of consisting of
() pages are hereby accepted and
incorporated herein, by this reference, and
Notice to Proceed is hereby given.
Service Provider:
City of Fort Collins:
Submitted By:
Project Manager
Date:
Approved by:
Director of Purchasing
(if over $60,000.)
Date:
& Risk Management
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.
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.
- 1
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
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BID PROPOSAL
BID # 6108
Painting Services- 2008 Annual
BID OPENING: July 8, 2008, 2:30pm (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
PAINTING Services- 2008 ANNUAL PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS:
Service Provider will supply experienced general painting services to include: painting prep work,
priming, painting, staining, and clear coat finishing for interior and exterior surfaces on new
construction, alterations, repairs, and remodeling in commercial applications, plus repainting and
refinishing as needed. The Service Provider will occasionally be required to work outside regular
business hours (8:00am to 5:00pm, Monday through Friday). Some work will have to be done on
weekends. The City expects quality work meeting or exceeding 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
$75,000 will be issued. The City reserves the right to supply any or all materials.
1. Service Provider Responsibilities
a. Provide painting services as described above, as set out in specific work orders.
b. Clean-up the job site at the end of each day and at work completion.
c. Move and re -set all furnishings such as desks, chairs, filing cabinets, etc. which interfere
with doing the work.
d. Use sufficient drop cloths and protective coverings for the protection of floors and
furnishings. Protect mechanical, electrical, computer hardware and other sensitive
components of the building from paint spray and sanding dust.
e. Maintain a local telephone number, and must be able to be reached by telephone and
facsimile transmissions during regular business hours. Respond to all City non -emergency
requests for service no later than the next working day.
f. Protect paint materials from fire and freezing.
g. Invoice the City in a timely manner.
h. Keep a log consisting of the following information:
• building address and specific area where paint product was used.
• paint color samples and paint code numbers for all products used on City work.
• MSDS information for all products used on City work.
i. Store, for a maximum of 18 months and in a product friendly environment, minimal amounts
of left -over paint and finish to be used for touch-up and repair work.
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2. Workmanship and Materials
a. Work must be performed by skilled tradesman.
b. All materials used shall be new or new condition.
c. Cleanliness and congeniality are of the utmost importance when working around City
employees who remain in the job area during construction. If there is a need for the
contractor personnel to address City employees, it shall be done in a pleasant, business -like
manner. Foul language will not be tolerated when working around City employees. Inside
air quality must not be compromised during construction without prior consent. The City
Representative in charge of the project, must be notified before any construction materials or
material byproducts are introduced into the surrounding air.
d. Work must be evenly uniform in sheen, color, and texture; free from streaks, brush marks,
sags, crawls, runs, or other defects detrimental to appearance or performance.
e. Work must be done in a manner to prevent spattering or spilling over finished surfaces.
f. Surface defects which may affect quality finish must be repaired before painting.
g. Remove all hardware from doors before painting or staining. Masking is unacceptable.
3. Bidder Qualifications
a. Provide references demonstrating at least five (5) years consistent hands-on experience in
commercial painting applications.
b. Provide references demonstrating at least three (3) years experience in institutional, and/or
industrial remodel projects where Service Provider's personnel have worked in close
proximity to the customer's employees.
c. Work must be performed by the Service Provider's payroll employees under the Service
Provider's immediate supervision.
4. Service Agreement
Awarded vendor must enter into the attached (Attachment 1) services agreement (SAMPLE) 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 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 Greeley CPIU published by the Colorado
State Planning and Budget Office will be used as a guide. Written notice of renewal shall be
provided to the Service Provider and mailed no later than sixty (60) days prior to contract end.
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5. Work Order Procedure
a. All job estimates must be submitted on a unit price basis consistent with the prices
established in the Bid Schedule.
b. Service Provider will invoice for all jobs completed on a unit price basis with the prices
established in the Bid Schedule, including appropriate mark-up on materials. Citywill not pay
more that 10% mark-up on job materials costing under $500 or more than 8% mark-up on
job materials costing over $500. Material costs must be documented in invoices.
c. Service Provider may be required to submit for review a breakdown of labor hours included
in any estimate or billed to the City at the completion of an assigned project. Such
breakdown must show hours per man/day forjourneyman and helpers. Supervisory hours
must be separately identified on estimates and invoices.
d. Work order number and project address must be included on all billing invoices.
6. 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.
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7. Bid Schedule
7a: Material Markup (enter your material markup percentage)
Cost plus _ percent (maximum of 10%)for materials costing less than $500.
Cost plus _ percent (maximum of 8%)for materials costing more than $500.
7b: Direct Labor Rates (for work not priced per square foot or per door)
Journeyman: Regular rate $ Overtime rate $
Apprentice: Regular rate $ Overtime rate $
7c: Trip Charge
Amount of trip charge, per paragraph 6, above. $
8. Method of Award
Award will go to the responsive and responsible firm bidding the lowest total cost for the work listed
below. The bidder must also meet the requirements of the attached Services Agreement.
Calculate the costs for the work listed below using Bid Schedule pricing.
1. Labor, journeyman, normal rate.
40 hours x $
/hour =
$
2. Labor, journeyman, overtime rate.
10 hours x $
/hour =
$
3. Materials cost + markup.
$1000 x
% _
$
4. Approved trip charges.
2 x $
each =
$
Total $
Signature:
Title:
Print Name:
Company Name:
Date:
Street:
Phone #:
City/State/Zip:
Fax #:
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Attachment 1: Sample Service Agreement
SERVICES AGREEMENT
WORK ORDER TYPE
PAINTING 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 bythe
Service Provider on behalf of the City as generally described in the Scope of
Service, attached hereto as Exhibit "A", consisting of five (5) pages, incorporated
herein by this reference, 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 "C", consisting of one (1) 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 Orderwithin 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.
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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 July 1, 2008 and shall continue in full force and effect
until June 30, 2009, 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 generally may not exceed the Denver - Boulder CPI-U as published by the
Colorado State Planning and Budget Office. 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 80522
Attn: Jim Hume
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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 Scope of Work.
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.
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
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