HomeMy WebLinkAboutRESPONSE - BID - 7211 ORCHESTRA SHELL AT THE LINCOLN CENTERm City of
ort Collins
Purchasing
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7211 Orchestra Shell at the Lincoln Center
OPENING DATE: 3:00 PM (Our Clock) March 9, 2011
Financial Services
Purchasing Division
215 N. Mason St. 2n° Floor
PO Box 580
Fort Collins, CO 80522
970.221.8775
970.221.6707
fcgov.com/Purchasing
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made and detailed in the following sections of
this Addendum.
Exhibit 1 - Revised Bid Schedule
Exhibit 2 - Alternative Finish Specified at Option #2 in Section 2.4
Exhibit 3 - Questions & Answers
Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 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.
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.
13. 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.
14. 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 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.
15. 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 representatives, successors and assigns of said parties.
16. 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.
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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, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
17. 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.
18. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. 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.
19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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
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(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
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 Service Provider 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.
e. Service Provider 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.
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f. If Service Provider 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, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
20. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
,,f1A�
Bill Teeter/
- -�'�11w%/��
•--4:. TTfr�• --
Date
A ST:
Notary Public
thleen L. Meadowcroft
K414 n L. Meadowcroft
Notary Ohoc - State of Michigan
^totaty of Cwe
h4.Comn iak[on Ex ms 10-29.2011
Ailing il'row County of�
March 7, 2011
(Corporate Seal)
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Exhibit 1 — Revised Bid Schedule
7211 Orchestra Shell
BID SCHEDULE
Our firm will provide one orchestra shell including shipping to site and training per specification.
Award will be based on lowest responsive, responsible Lump Sum Bid that meets specification.
Lump Sum Bid $ 113,958.22
In writing One Hundred & Thirteen Thousand, Nine Hundred & Fifty Eight Dollars & Twenty
Two Cents.
Please provide and add/ deduct for alternative finish specified as "Option #2" in Section 2.4.
Add or educt (please circle) $ 15,072.72
FIRM NAME: STageRight Corporation
ADDRESS 495 Pioneer Parkway Clare MI 48617
PHONE/FAX 800-438-4499 / 989-386-3500
Bill TeeteeE.--
BY: �•m„o,= Bill Teeter Market Sales Representative
(Signature) (Printed) (Title)
E-MAIL ADDRESS bteeterCcDstageright.com
****NOTE: Please see attached quotation for detailed notes and deviations.
Exhibit 2 - Alternative Finish Specified as
Option #2 in Section 2.4
Please provide and add/ deduct for alternative finish specified as "Option #2" in
Section 2.4 as follows:
2.4 STAGE ACOUSTICAL SHELL SYSTEM
PART 1 - Mobile Acoustical Towers: Free-standing, self-supporting, movable towers
for stage back and side walls. Towers consist of acoustical shell panels in
rigid, diagonally -braced vertical aluminum frame with formed steel
connection components, with center panel and two hinged wing panels, in
nesting configuration minimizing required storage space. Wing panel on
tower equipped with latching hardware and stage access door where
indicated. Counterweighted tower base with adjustable front leveling pads
concealed by removable access panel.
1. Tower Size: As indicated.
2. Tower Height: As indicated. Must be able to store in defined tower
storage garage. Refer to drawings for information on tower storage
garage.
3. Tower Panel Radius: 5 foot.
4. Tower Panel Face Finish:
a. Option #1 - Hardwood plywood veneer: AWI Premium grade:
1) Veneer Cut: Plain Sliced, Slip -Matched and Balanced Matched.
2) Veneer Species: Red Oak.
3) Stain Formula: Sherwin Williams S64R6 Cherry.
4) Finish: Sherwin Williams Cab.
5) Acrylic Lacquer: T75XXC2183-4347
b. Option #2 - Plastic Laminate -Face Panel: 3/16" (4 mm) thick
hardboard stressed skin, material finished as indicated, with no
exposed fasteners:
1) The face side of panels is to Owner Selected WilsonArt
Laminate.
c. Trim strips between Panels: Painted color as selected by Architect.
Exhibit 3 — Questions & Answers
Question:
When will the shell be delivered and installed?
Answer:
Our target for delivery/install is July 1, 2011.
Question:
Should we include any City or State taxes in our proposal?
Answer:
CITY OF FORT COLLINS
BID PROPOSAL
BID #7211
ORCHESTRA SHELL AT THE LINCOLN CENTER
BID OPENING: March 9. 2011, 3:00 p.m. (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
ORCHESTRA SHELL AT THE LINCOLN CENTER PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS.
The City of Fort Collins Lincoln Center, 417 West Magnolia, Ft Collins 80521 is requesting bids
for a full stage acoustical shell system consisting of mobile acoustical shell towers and
adjustable acoustical shell ceiling.
Awarded service provider must enter into a service agreement (sample attached for your
review) and provide the required insurance (Exhibit B).
For technical questions please contact Gina Cochran, Technical Production Director at 970-416-
2758 or gcochran(o)fcgov.com
For purchasing questions, please contact John Stephen, CPPO, LEED AP, Senior Buyer, at
970-221-6777 or istephent�fcgov.com.
BID SCHEDULE
Our firm will provide one orchestra shell including shipping to site and training per specification.
Award will be based on lowest responsive, responsible Lump Sum Bid that meets specification.
Lump Sum Bid $ 113,958.22
In Writing One Hundred & Thirteen Thousand, Nine Hundred & Fifty Eight Dollars & Twenty -Two Cents
FIRM NAME: StageRight Corporation
ADDRESS 495 Pioneer Parkway, Clare, MI 48617
NOTE: Please see the attached quotation for detailed notes and deviations.
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STAGERIGHT
495 Pioneer Parkway N Clare, MI 48617
Phone: 800-438-4499 Fax: 989-386-3500
www.stageright.com
QUOTE #: Q-32682
For:
James O'Neill 11
By:
Bill Teeter
Facility:
City of Fort Collins
Market Sales Representative
Address:
Accounting Department P.O. Box 580
StageRight Corporation
Fort Collins, CO BOS22
Fax:
(970) 221-6707
Fax:
(989)386-3500
Phone #:
(970) 221-6775
Phone #:
(800)438-4499 ext. 350
Email:
Email:
bteeter@stageright.com
Subject:
City of Ft. Collins - Lincoln Center - Orchestra
Date:
03/07/2011
Enclosure
Lincoln Center - Orchestra Shell (as shown in drawing #P59728-PI)
Part Number
Qty
Description
Amount
Custom
1.0
Opus II Concert Shell as shown in drawing P59728-PI - (2) 20' Towers with 6' Radius Panels , (6) 18'
Towers with 6' Radius Panels, (3) Ceiling Clouds with 10' Radius Panels, Wood Veneer Surfaces as
Specified, Source 4 Par Lighting Units, Light Chases and
Custom
1.0
Transition Ramp
Custom
1.0
Site Visit
Custom
1.0
Supervised Installation
Custom
43.0
Engineering
Tax:
Total:
113,958.22
NOTE: The Supervised Installation will require the facility to provide (4) laborers for (5) day to complete. DEVIATIONS: SECTION 1.5.0
- The "Statement of Compliance" can NOT be provided. Although the StageRight orchestra shell can be moved over the 7/8" vertical
offset with the use of the ramp included in the quote, the towers are NOT able to accommodate the offset if deployed across the offset.
SECTION 1.9 - The warranty provided is for 12 months as required in section #12 of the "Bid Proposal". SECTION 2.4.A.3 - The tower
panel radius is 6'.
Terms and Conditions:
Within five business days from receipt of order, an order acknowledgement will be sent to confirm your order and provide a scheduled
ship date. It will also contain important information regarding the processing and delivery of your order. Contact StageRight
immediately if you do not receive your order confirmation.
Lead time is estimated and varies based on manufacturing capacity. Actual ship date will be determined at placement of order. Shipping
rates are subject to change.
Quote Valid Until: 0410612011
Lead Time: Pending Date of Placement of Order
Credit Terms: Credit Approval Req. Prior to Acceptance of Order Unless PIA
Warranty: One (1) Year
Freight Terms: FOB Clare - MI
Quoted Price Does NOT Include any State and/or Local Taxes
StageRight collects taxes for the following: AL AZ CA DC FL GA IN LA MI MN NJ NM NY PA TX WI WA
Quoted Price Does NOT Include Off Loading OR Inside Delivery
Quoted Price Based on Standard Opus II Specifications with Choice of Standard Formica Colors
Quoted Price Does NOT Include any Rigging OR Rigging Hardware
"Supervised Installation includes one StageRight Representative on site to direct and train a crew (provided by others) on proper
setup transportation and storage of StageRight equipment.
All labor and costs associated with docking - unloading - transferring or set-up of equipment and removal of debris are NOT included.
Quoted Price Includes Shipping
Visa - Mastercard - American Express and Discover Accepted
Shipping rates are subject to third party increase/change and do not include Destination Handling Charges - Customs Clearance - Duty
or Taxes.
SERVICES AGREEMENT
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. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of
pages and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in a writing
signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the Professional mailed no later than ninety (90) 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 its fault or
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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. [Early Termination clause here as an option
6. Early Termination by City/Notice. 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 delivered 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 addresses:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
StageRight Corporation
Attn: Purchasing
Attn:
495 Pioneer Parkway
PO Box 580
PO Box 580
Clare, MI 48617
Fort Collins, CO 80522
Fort Collins, CO 80522
800-438-4499
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, 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. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of pages, and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
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9. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
10. 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.
11. 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 or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
12. 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
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