HomeMy WebLinkAboutBID - 7347 MAPO ATHLETIC FIELD PAINTCity �f
Financial Services
Purchasing Division
215 N. Mason St. 2" Floor
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PO Box 580
Fort Collins, CO 80522
970.221.6775
Purchasing
970.221.6707
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rcgov. com/purchasing
INVITATION TO BID
7347 MAPO ATHLETIC FIELD PAINT
BID OPENING: 3:00 P.M. (our clock), March 30, 2012
The Agencies including Cities of Denver, Fort Collins, Loveland, Longmont, and Town of Parker,
and School Districts of Cherry Creek, Adams 12 Five Star Schools, Brighton School District 27J,
and Boulder Valley School District and acting collectively through their authorized procurement
officials respectfully request separate sealed Bids for the purchase of athletic field paint. This is a
one year contract and the Agreement may be extended for additional one year periods not to
exceed four (4) additional one year periods.
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 proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2"d 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 3:00 p.m. (our clock), March 30, 2012.
Questions concerning the scope of the bid should be directed to Rick Jordan, Project Manager at
(970) 221-6240 or rjordan@fcgov.com.
Questions regarding bid submittal or process should be directed to Ed Bonnette, CPM, CPPB,
Buyer at (970) 416-2247 or ebonnette@fcgov.com.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
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 Bids may be withdrawn up to the date and hour set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.
BID 7347 MAPO Athletic Field Paint Page 1 of 22
DIRECT ALL QUESTIONS TO: Ed Bonnette, C.P.M., CPPB, Buyer (970)
416-2247 or E-MAIL ebonnette(d)fcgov.com
AGENCY:
City of Fort Collins
CONTACT:
Rick Jordan
PHONE NO:
(970) 221-6240
EMAIL:
riordan fcgov.com
AGENCY:
City of Longmont Parks Operations
CONTACT:
Bill Paul, Supervisor
PHONE NO:
(303) 651-8450
EMAIL:
bill.paul@ci.longmont.co.us
AGENCY:
City of Loveland Parks Division
CONTACT:
Mike Robinson
PHONE NO:
(970) 290-2012 cell
EMAIL:
robinm(a)ci.loveland.co.us
AGENCY:
Town of Parker
CONTACT:
Jared Musil
PHONE NO:
(303) 805-3211
EMAIL:
Imusil(a)parkeronline.org
AGENCY:
Denver Parks & Rec
CONTACT:
Roger Hernandez
PHONE NO:
(303) 880-9677
EMAIL:
roger. hernandezodenvergov.org
AGENCY:
Adamsl2 Five Star Schools
CONTACT:
Scott Cochran, Buyer
PHONE NO:
(720) 972-4262
EMAIL:
samuel.s.cochran@adamsl2.org
AGENCY:
Boulder Valley School District
CONTACT:
Liz Loar, Maintenance Buyer
PHONE NO:
(720) 561-5082
EMAIL:
liz.loar(cDbvsd.org
AGENCY:
Brighton School District 27J
CONTACT:
Russ Pineda
PHONE NO:
(303) 655-2997
EMAIL:
rpineda .sd271.org
AGENCY:
CONTACT:
PHONE NO:
EMAIL:
Cherry Creek Schools #5
Doug Blue
(303) 947-3612
dblue .cherrycreekschools.org
BID 7347 MAPO Athletic Field Paint Page 8 of 22
IV. SPECIFICATIONS FOR FIELD MARKING LATEX PAINT
1) GENERAL
• Paint to be Acrylic Modified Vinyl Flat that is recommended for temporary marking paint
for use on grass, artificial turf and gravel tracks. Paint is readily removable and will not
be used where durability is required.
• Paint to contain no lead and complies with EPA's voluntary 33/50 program.
• Paint must be able to be applied by brush, roller, conventional or airless sprayer.
• Paint to be set to touch within 30 minutes and thoroughly dry within 1 hour.
• Clean up must be with water only or water with soap.
• Paint must not be allowed to freeze.
• The specification shall be considered a minimum specification.
• Minimum ingredient (or approved equal) specification is:
A. Water 45-<60 weight percent
Calcium Carbonate 10-<20 weight percent
Titanium Dioxide 10-<20 weight percent
Propylene Glycol 1-<5 weight percent
Crystalline Silica -Quartz 1-<5 weight percent
Approved equal
B. (+or- 2%)
Pigment
47%
Ti02
10 %
Carbonate
37%
Vehicle
53%
2) ORDERING and DELIVERY REQUIREMENTS
• Awarded vendor must deliver paint only when ordered by an agency and in quantities
specified.
• Minimum paint ordered may be 10 (ten) gallons.
• Paint must be delivered in 5 gallon container.
• Delivery must be within 48 hours ARO.
• Awarded vendor must provide MSDS to each agency prior to paint delivery.
BID 7347 MAPO Athletic Field Paint Page 9 of 22
V. ESTIMATED QUANTITIES AND BID FORM
THE QUANTITIES ARE ESTIMATES ONLY. AWARD WILL BE BASED ON LOWEST,
RESPONSIVE AND RESPONSIBLE PRICE PER GALLON.
QUANTITY
COLOR
PRICE PER GALLON
16,275
GALLONS
WHITE
$
4,635 GALLONS
YELLOW, RED, GREEN, BLUE, ORANGE
$
VENDOR MUST SPECIFY MAXIMUM
RECOMMENDED DILUTION RATIO:
SIGNATURE PAGE
The undersigned Bidder, having examined these documents, and having full knowledge of the
condition under which the work described herein must be performed, hereby proposes that he
will fulfill the obligations contained herein in accordance with all terms, conditions, and
specifications set forth; and that he will furnish all required products and pay all incidental costs
in strict conformity with these documents, for the stated prices as payment in full.
Submitting Firm:
(Corporation, DBA, Partnership, LLC, or PC?)
Address:
Telephone Number:
Name of Agent (print/type):
Title:
Authorized Signature:
Date:
Attest:
My Commission Expires:
CORPORATE SEAL
BID 7347 MAPO Athletic Field Paint Page 10 of 22
VI. ADDENDA FORM
The undersigned hereby acknowledges receipt of the following applicable addenda:
Addenda Number Date
FIRM NAME
SIGNATU
BID 7347 MAPO Athletic Field Paint Page 11 of 22
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 ( ) page
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 ( ) page , 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. Contract Period. [Option 2] This Agreement shall commence 200 , and
shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Renewals and pricing
BID 7347 MAPO Athletic Field Paint Page 12 of 22
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 ninety (90) days
prior to contract end.
6. 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 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
7. 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
Attn: Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
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.
8. 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
consisting of page , and incorporated herein by this reference.
BID 7347 MAPO Athletic Field Paint Page 13 of 22
9. 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.
10. 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 orfor any
other purpose.
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 or benefits provided to
the City under this Agreement or cause of action arising out of 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
BID 7347 MAPO Athletic Field Paint Page 14 of 22
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 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
representatives, 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
BID 7347 MAPO Athletic Field Paint Page 15 of 22
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 Providers 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 , 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.
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. 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.
20. 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 (the "e-Verify
Program") or the Department Program (the "Department Program"), an employment verification
BID 7347 MAPO Athletic Field Paint Page 16 of 22
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.
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
BID 7347 MAPO Athletic Field Paint Page 17 of 22
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.
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 7347 MAPO Athletic Field Paint Page 2 of 22
this provision of this Agreement and the City terminates the Agreement for such breach.
21. 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.
BID 7347 MAPO Athletic Field Paint Page 18 of 22
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
M
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
BID 7347 MAPO Athletic Field Paint Page 19 of 22
EXHIBIT " "
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 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 coverages 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. Employers 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 subcontractors
insurance.
BID 7347 MAPO Athletic Field Paint Page 20 of 22
BID 7347 MAPO-Athletic Field Paint
INSTRUCTIONS TO BIDDERS
1. BID OPENING AND AWARD
Bids will be examined promptly after opening, and an abstract will be provided upon
request. (Supply a self addressed, stamped envelope with your Bid.) NO BID RESULTS
WILL BE GIVEN OVER THE TELEPHONE. No Bid may be withdrawn for a period of
sixty (60) calendar days of the Bid Opening date.
2. AGENCIES
The Host Agency is the Agency who is facilitating this Bid. Agencies is defined as the
Agencies participating in the Bid.
3. BIDDER QUALIFICATIONS
No Bid shall be accepted from and no contract will be awarded to any person, firm or
corporation that is in arrears to any participating Agency, upon debt or contract that is a
defaulter, as surety or otherwise, upon any obligation to the Agencies or that is deemed
irresponsible or unreliable by the individual Agencies. If requested, Bidders shall be
required to submit satisfactory evidence that they have a practical knowledge of the
particular supply/service Bid upon and that they have the necessary financial resources to
provide the proposed supply/service called for as described in the attached Technical
Specifications.,
4. BID FORM
Each Bidder must submit an original Bid and additional copies as required on the forms
attached. The Bidder shall sign his Bid correctly, and the Bid may be rejected if it shows
any omissions, alterations of the form, additions not called for, conditional Bid, or any
irregularities of any kind.
In case of a discrepancy between the unit price and the extended price, the unit price shall
prevail.
5. SPECIFICATION DEVIATIONS BY THE BIDDER
Any deviation from this specification MUST be noted in detail, and submitted in writing on
the Bid Form. Completed specifications should be attached for any substitutions offered,
or when amplifications are desirable or necessary. The absence of the specification
deviation statement and accompanying specifications, will hold the Bidder strictly
accountable to the specifications as written herein. Failure to submit this document of
specification deviation, if applicable, shall be grounds for rejection of the item when
offered for delivery. If specifications or descriptive papers are submitted with Bids, the
Bidder's name should be clearly shown on each document.
6. BIDDER REPRESENTATION
Each Bidder must sign the Bid with their usual signature and shall give their full business
address on the form provided in this Bid. Bids by partnerships shall be signed with the
partnership name by one of the members or by an authorized representative. Bids by
corporations shall be signed with the name of the corporation followed by the signature
and designation of the President, Secretary, or other person authorized to bind it in the
BID 7347 MAPO Athletic Field Paint Page 1 of 22
matter and shall have the corporate seal affixed thereto.
7. BROCHURES
Bids shall include adequate brochures, latest printed specifications and advertising
literature, describing the product offered in such fashion as to permit ready comparison
with our specifications on any item -by -item basis where applicable.
8. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS
All changes in Bid documents shall be through written addendum and furnished to all
Bidders. Verbal information obtained otherwise will NOT be considered in awarding of
Bids.
9. BID CHANGES
Bids, amendments thereto, or withdrawal requests received after the time advertised for
Bid Opening, will be void regardless of when they were mailed.
10. BASIS OF BID AWARD
Award of Bid shall be made to the lowest responsive, and responsible Bidder(s) meeting
the specifications. The following is a partial list of the criteria that may be used in the
award of this Bid.
A. Superior quality and adherence to specifications
B. Adequate maintenance and service
C. Delivery and/or completion time
D. Guarantees and Warranties
E. Company's reputation and financial status
F. Past experience and cost with same or similar equipment or service
G. Anticipated future cost and experience
11. INSURANCE
For SERVICES requiring contractor's presence on any Agency property, the successful
Bidder shall, during the term of this Agreement and until completion thereof, provide and
maintain the following minimum coverages:
Type of Insurance
Standard Workers' Compensation &
Employers' Liability Including
Occupations Disease Coverage
Comprehensive General Liability
Insurance
Comprehensive Automobile Liability
Insurance
Umbrella Liability Coverage
Minimum Limits of Liability
Statutory in conformance with the
compensation laws of the State of
Colorado
$ 150,000 each person;
$1,000,060 each occurrence
$ 150,000 each person;
$1,000,000 each person
$1 million
The successful Bidder shall effect the insurance policies in a company or companies and
in a form satisfactory to the Owner. Before commencing any performance under this
Agreement, successful Bidder shall deliver, to each Agency, Certificates of Insurance
issued by the insurance company, and/or its duly authorized agents pertaining to the
aforementioned insurance, and certifying that the policies stipulated above are in full force
BID 7347 MAPO Athletic Field Paint Page 2 of 22
and effect.
All policies and/or Certificates of Insurance shall include each individual entity as an
additional named insured.
Nothing herein shall be deemed or construed as a waiver of any of the protections to
which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act,
sections 24-10-101, C.R.S., as amended.
12. DELIVERY DATE
The delivery time, as stated in the Bid Form, shall be the time required to deliver the
complete item after the receipt of the order or award of the Contract. Where multiple
items appear on a Bid request, the Bidder shall, unless otherwise stated by the
participating Agencies, show the delivery time for each item separately. If only a single
delivery time is shown, it will be assumed to mean that all items included in the Bid can
and will be delivered on or before the specified date. The Bidder agrees that the delivery
will be completed in the time stated assuming that the time between the Bid Opening and
the placing of the order, does not exceed the number of days so stipulated. The right is
reserved to reject any Bid in which the delivery time indicated is considered sufficient to
delay the operational needs for which the commodity/service is intended.
13. CASH DISCOUNTS
Cash discounts should be so stated on the Bid Form. Prices bid must, however, be based
upon payment in thirty (30) days. In all cases, cash discounts will be calculated from the
date of the invoice or the date of acceptance, whichever is later.
14. TIE BIDS
In the case of tie Bids, the Agencies reserve the right to make the award based on the
factors previously outlined in paragraph number ten.
15. BID REJECTION OR PARTIAL ACCEPTANCE
The Agencies reserve the right to reject any or all Bids. They further reserve the right to
waive technicalities and formalities in Bids, as well as to accept in whole or in part such
Bid or Bids where they deem it advisable in protection of the best interests of the
Agencies.
16. INVOICES
Individual purchase orders will be assigned to the successful Bidder(s) from the
participating Agencies in this Bid and each is to be invoiced separately. All invoices
submitted must show the respective Agency's purchase order number.
17. PAYMENTS
Payments will be made for all goods/services delivered within 30 days of receipt and
acceptance of delivery.
18. MODIFICATION, ADDENDA AND INTERPRETATIONS
Any apparent inconsistencies, or any matter seeming to require explanation or
interpretation, must be inquired into by the Bidder at least 72 hours (excluding weekends
and holidays) prior to the time set for the Bid Opening. Any and all such interpretations or
BID 7347 MAPO Athletic Field Paint Page 3 of 22
modifications will be in the form of written addenda. All addenda shall become part of the
Contract Documents and shall be acknowledged and dated on the Bid Form. All requests
for information should be in writing or telephoned to the Host Agency.
19. LAWS AND REGULATIONS
All applicable State of Colorado and Federal laws, City and County ordinances, licenses
and regulations of all Agencies having jurisdiction shall apply to the award throughout and
incorporated here by reference.
20. SUBCONTRACTING
No portion of this Bid may be subcontracted without the prior written approval by each
Agency.
21. TELEGRAPHIC/ELECTRONIC BID SUBMITTAL
Telegraphic and/or Bid offers sent by electronic devices are not acceptable and will be
rejected upon receipt. Proposing firms will be expected to allow adequate time for
delivery of their Bid either by air freight, postal service, or other means.
22. MISCELLANEOUS
The Agencies reserve the right, either collectively or separately, to reject any and all Bids
or parts thereof. The participating Agencies reserve the right to inspect vendor's facilities
prior to the award of this Bid. The Agencies reserve the right, either collectively or
separately, to negotiate optional items with the successful Bidder.
23. COOPERATIVE BIDDING
Other governmental agencies may be extended the opportunity to purchase off this Bid
with the agreement of the successful vendor(s) and the participating MAPO Agencies.
Requests for participation of other Agencies will be coordinated by the MAPO Agency
hosting the Bid The Host Agency may notify the vendor(s) and the Agency wishing to
participate, in writing.
II. TERMS AND CONDITIONS
1. MODIFICATION OF AGREEMENT
No modification of award shall be binding upon any participating Agency unless made in
writing and signed by authorized agents of each participating Agency.
2. WARRANTIES
Bidder warrants that all articles, materials and work will conform within applicable
drawings, specifications, samples and/or other descriptions given to Agencies, and will be
free from defects. Without limitation of any rights which Agencies may have by reason of
any breach of warranty, goods which are not as warranted may be returned at Bidder's
expense at reasonable time after delivery, for either credit or replacement, as each
participating Agency may direct.
3. OVERSHIPMENTS
Material shipped in excess of quantity ordered may be returned at Bidder's expense.
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4. CANCELLATION
Either party may cancel the award in the event that a petition, either voluntary or
involuntary, is filed to declare the other party bankrupt or insolvent or in the event that
such party makes an assignment for the benefit of creditors.
5. PATENT GUARANTEE
Bidder shall, with respect to any device or composition of Bidder's design or Bidder's
standard manufacture, indemnify and hold harmless each participating Agency, its
employees, officers, and agents, from costs and damage as finally determined by any
court of competent jurisdiction for infringement of any United States Letters Patent, by
reason of the sale of normal use of such device or composition, provided that Bidder is
promptly notified of all such actual or potential infringement suits, and is given an
opportunity to participate in the defense thereof by the Agencies.
6. TERMINATION OF AWARD FOR CAUSE'
If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper
manner its obligations or if the successful vendor shall violate any of the covenants,
agreements or stipulations of the award, the Agency shall thereupon have the right to
terminate the award by giving written notice to the successful Bidder of such termination
and specifying the effective date of termination. In that event, all finished or unfinished
services, reports or other materials prepared by the successful Bidder shall, at the option
of the Agency, become its property, and the successful Bidder shall be entitled to receive
just, equitable compensation for any satisfactory work completed, prepared documents or
materials as furnished.
Notwithstanding the above, the successful vendor shall not be relieved of liability to the
Agency for damage sustained by the Agency by virtue of breach of the award by the
successful vendor and the Agency may withhold any payments to the successful vendor
for the purpose of set off until such time as the exact amount of damages due the Agency
from the successful vendor is determined.
7. TERMINATION OF AWARD FOR CONVENIENCE
The Agency may terminate the award at any time by giving written notice to the successful
vendor of such termination and specifying the effective date thereof, at least thirty (30)
working days before the effective date of such termination. In that event, all finished or
unfinished services, reports, material(s) prepared or furnished by the successful Bidder
under the award shall at the option of each Agency become its property. If the award is
terminated by each Agency as provided herein, the successful vendor will be paid an
amount which bears the same ratio to the total compensation as the services actually
performed or material furnished bear to the total services/materials the successful Bidder
covered by the award, less payments of compensation previously made. If the award is
terminated due to the fault of the successful Bidder, termination of award for cause,
relative to termination shall apply.
8. ACCEPTANCE OF TERMS BY SHIPMENT
Shipment of all or any portion of the goods covered by this order shall be deemed an
acceptance of the Bid upon the terms and prices set forth herein.
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9. ASSIGNMENT
Bidder shall not assign this order nor any monies to become due hereunder without the
prior written consent of each Agency. Any assignment or attempt at assignment made
without such consent of the Agency shall be void.
10. TAXES
The Agencies are exempt from City, County, State and Federal Sales/Excise Taxes.
Certificates will be issued upon request. Any appropriate taxes shall be shown as a
separate item on your Bid. Bidder shall obtain all appropriate tax exemption certificates
from the Agencies.
11. EQUAL OPPORTUNITY
The successful firm.will agree not to refuse to hire, discharge, promote, demote, or to
otherwise discriminate in matters of compensation against any person otherwise qualified
solely because of race, creed, sex, national origin, ancestry or physical handicap.
12. AMERICANS WITH DISABILITIES ACT
It shall be a condition that any company, firm or corporation supplying goods or services,
must be in compliance with the appropriate areas of the Americans With Disabilities Act of
1990 as enacted, and from time to time amended, and any other applicable Federal
regulation. A signed, written certificate stating compliance with the Americans With
Disabilities Act may be required, upon request, by any participating Agency.
13. COMMON LANGUAGE
Unless otherwise specified in this document, all words shall have a common language
unless the context in which they are used clearly requires a different meaning. Words in
the singular number include the plural, and in the plural include the singular. Additionally,
words in the masculine gender include the feminine and the neuter, and when the sense
so indicates, words of the neuter gender may refer to any gender.
14. PROPRIETARY INFORMATION
All information included in any Bid that is of a proprietary nature must be clearly marked
as such. Each Agency shall be held harmless from any claims arising from the release of
proprietary information not clearly designated as such by the proposing firm.
Because of the need for public accountability, the following information concerning the Bid
will not be considered proprietary, even if such information is clearly marked as such:
prices of Bid, non -financial information concerning compliance with specifications,
guarantees and warranties.
15. COMPETITIVENESS AND INTEGRITY
The collective Agencies have assigned control of this acquisition process to the Host
Agency identified in the Bid Notice of this document, to prevent biased evaluations and to
preserve the competitiveness and integrity of such acquisition efforts. Offerors are to
direct all communications regarding this Bid to the designated Host Agency, unless
otherwise specifically noted. Attempts by offering firms to circumvent this requirement will
be viewed negatively and may result in rejection of the offer of the firm found to be in non-
compliance. The Host Agency may refer communications to other participating Agencies
for clarification.
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16. FOB POINT
The FOB point shall in all cases be destination(s). If freight is charged to any of the
Agencies, the vendor will prepay and add.
17. CREDIT
If a vendor places any dollar limitations for credit extended on a purchase order, the
participating Agencies will consider such limitations in the evaluation of the Bids. Any
credit limits without justification may cause the Agencies to disqualify the Bid.
Additionally, MAPO Agencies will not complete credit applications.
III. SPECIAL INSTRUCTIONS TO BIDDERS
A. COLLECTIVE
• BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN.
o Bids shall consist of:
■ ATHLETIC FIELD LATEX PAINT
■ Each item on the bid must be bid individually, and the Agencies reserve
the right to accept the lowest and best bid per item, combination of items,
or all items combined, whichever is deemed in the best interest, and
actual applications as appropriated by the Agencies.
• Releases to be made as required throughout the period of the award.
Consideration will be given to vendors with a favorable firm price period
with no minimum release requirements.
■ Prices must remain in effect from Date of Award through March 31,
2013.
■ The quantities listed are estimates and may increase or decrease as
deemed necessary by the Agencies.
■ This award maybe extended for an additional 4 (four) twelve (12) month
periods, contingent upon future years funding, and agreement of the
Agencies.
B. INDIVIDUAL
NOTE: Each Bidder may use contacts listed below to obtain information on published
specifications, quantities, special conditions or instructions, physical delivery points and/or any
other elements necessary to submit a complete bid.
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