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HomeMy WebLinkAboutBID - 7545 OLD WATERWORKS ROOFING PROJECT (2)BID 7545 Old Waterworks Roofing Project Page 1 of 23 INVITATION TO BID 7545 OLD WATERWORKS ROOFING PROJECT BID OPENING: 3:00 P.M. (our clock), AUGUST 22, 2013 The City of Fort Collins is requesting bids from firms for new roofing at four (4) historic structures on the premises, Main Waterworks Building, Residence, Barn and Chicken Coop. Work includes installation of sawn cedar shingles and vintage corrugated metal roofing in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. 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, 2nd 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), August 22, 2013. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 9:00 AM, on August 8, 2013, at the jobsite located at 2005 N Overland Trail, Fort Collins. Questions concerning the scope of the bid should be directed to Mel Winden, Maintenance Tech at (970) 566-7045 or mwinden@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777. All questions must be sent in writing to both Mel Winden and John Stephen no later than end of business on August 13, 2013. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 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 Bids may be withdrawn up to the date and hour set for closing.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 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 7545 Old Waterworks Roofing Project Page 2 of 23 be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. 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. Gerry S. Paul Director of Purchasing and Risk Management BID 7545 Old Waterworks Roofing Project Page 3 of 23 CITY OF FORT COLLINS BID PROPOSAL 7545 OLD WATERWORKS ROOFING PROJECT BID OPENING: August 22, 2013, 3:00 p.m. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR OLD WATERWORKS ROOFING PROJECT PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for new roofing at four (4) historic structures located at 2005 N Overland Trail, Ft Collins including the Main Waterworks Building, Residence, Barn and Chicken Coop. Work includes installation of sawn cedar shingles and vintage corrugated metal roofing in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. In order to submit a valid bid, each company must provide proof that they can demonstrate experience with re-roofing wood shingled historic structures by providing at least 3 project references. BID SCHEDULE Our firm will provide all materials, labor, and equipment per specifications: Main Waterworks Building Lump Sum $ Residence Lump Sum $ Barn Lump Sum $ Chicken Coop Lump Sum $ Grand Total (base bid) $ Signature: Printed: Company: Are you a Corporation, Partnership, DBA, LLC, or PC Address: Phone: Email: BID 7545 Old Waterworks Roofing Project Page 4 of 23 7545 OLD WATERWORKS ROOFING PROJECT SCOPE OF WORK & SPECIFICATIONS Background: In 1880, the Fort Collins Board of Trustees began to deliberate about the town's need for a better water supply system. Water for household and commercial use was either delivered by the "water wagon" or dipped from a nearby irrigation canal. The threat of devastating fires loomed because most of the town's structures were wood frame construction. The $77,000 project included construction of a canal that diverted water from the Cache la Poudre River above LaPorte to a reservoir behind the pump house site. The Gothic-style pump house used sandstone from the Stout quarries and soft brick manufactured locally. It housed two American Water Wheel Company turbines and two Holly-Gaskill pumps to force water to Fort Collins through wrought iron pipes. Completed in June 1883, tests of the system made headline news in the local newspapers. Many households subscribed to the system by the 1890s, and the first ten years of its operation were deemed a success. Even with the two new additions to the pump house building for a steam engine and a filtration system, the community outgrew its first water system by 1900. In 1905, a new water delivery system at the confluence of the Cache la Poudre River and the North Fork replaced the 1882- 1883 Fort Collins Water Works. The Poudre Landmarks Foundation and the Friends of the Water Works administers the ongoing preservation work at the water works property. Eventually, it will become an interpretive center for water development and use in the Fort Collins area. The State Historical Fund, a part of the Colorado Historical Society, provided several grants to complete planning, stabilization, and archaeological investigations at the property. Scope of Work: There are four (4) historic structures on the premises, Main Waterworks Building, Residence, Barn and Chicken Coop. Work includes, but is not limited to, documentation of and subsequent removal of all existing roofing materials down to the structural roof deck and replacement of same with a new roofing assembly that is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and in accordance with local building codes. Roofing system includes, but is not limited to, the installation of sawn, cedar shingles, appropriate underlayment(s), venting as necessary, galvanized drain goods and repair of related roofing and architectural components required to provide a watertight, historically accurate and esthetically pleasing installation that replicates the roof originally installed on this structure. Chicken Coop Roofing system includes, but is not limited to, the installation of vintage corrugated metal roofing, appropriate underlayment(s), venting as necessary, galvanized drain goods and repair of related roofing and architectural components required to provide a watertight, historically accurate and esthetically pleasing installation that replicates the roof originally installed on this structure. BID 7545 Old Waterworks Roofing Project Page 5 of 23 SECTION - 07313 WOOD SHINGLES PART 1 - GENERAL 1.01 WORK INCLUDED A. New roofing as noted in the documents including cedar shingle roofing, underlayments, eave, and ridge protection; associated metal flashings 1.02 SUBMITTALS A. Shop Drawings: Indicate specially configured metal valley and drip edge flashings, trim, fastening methods and locations, and installation details B. Product Data: Provide data indicating material characteristics and provide representatives samples of each for approval, prior to installation C. Manufacturer’s installation instructions: Indicate preparation required, installation procedures and scaffolding layout with provisions for pedestrian protection 1.03 QUALITY ASSURANCE A. Perform work in accordance with RCSHSB (Red Cedar Shingle & Handsplit Shake Bureau) instructions B. Roofing contractor to be bonded, licensed, fully insured and in compliance with all other requirements of the City of Ft. Collins, CO C. Demonstrate experience with re-roofing wood shingled historic structures by provision of at least 3 project references on the attached reference form D. Shingles shall be installed in general accordance with NPS Preservation Brief # 19: The Repair and Replacement of Historic Wooden Shingle Roofs 1.04 ENVIRONMENTAL REQUIREMENTS A. Do not install eave edge ice dam protections when ambient temperature is below 50 degrees F 1.05 WARRANTY A. Installation Warranty: Provide written warranty stating that the shingle roofing installation shall be warranted for a period of 5 years from date of Completion against defects in materials and workmanship and be watertight. This warranty shall cover the correction and/or replacement of all defective materials or workmanship to the satisfaction of the Owner to maintain a watertight roof at no additional expense to the Owner. PART 2 - PRODUCTS 2.01 SHINGLES BID 7545 Old Waterworks Roofing Project Page 6 of 23 A. Shingles: Uniform thickness (3/8” nominal butt thickness, 5/2”) RCSHSB sized and graded Western Red Cedar #1 Grade (Perfection), clear, straight, 100% edge grain (including under coursing); eighteen (18) inches long, taper-sawn, square butt, shingle style, traditional overlap pattern, 5 1/2” exposure B. Shingle width limited to a minimum of four (4) inches and a maximum of ten (10) inches (unless removal of existing roofing overlay reveals a different shingle width variation and/or pattern) C. Treatment: Provide documentation of factory preservative treatment to improve fire retardancy yielding a U.L. Class “B: fire rating 2.02 SHEET MATERIALS A. Eave Ice Dam Protection: Sheet barrier of self-adhesive, rubberized asphalt bonded to sheet polyethylene, 40 mil thickness, with strippable treated release paper; manufactured by the Grace Co., or equivalent B. Underlayment: U.L./A.S.T.M. D226 No. 30 asphalt saturated felts, un- perforated; weight to be confirmed by manufacturer's product data sheet C. Continuous Ventilation Air Space Underlayment: Three dimensional nylon matrix “Cedar Breather” (or equivalent) manufactured by Benjamin Obdyke, Inc. 2.03 ACCESSORIES A. Nails: Type 304 or 316 stainless steel, or hot-dipped zinc coated galvanized conforming to minimum standard ASTM 153 Class D (1.0 oz/ft2 ) OR (only after approval by the Owner and Engineer of procedures and a sample pattern panel and assurances from the Contractor/Roofer that resultant fastening is adequate for this project’s environmental exposure) Staples: Type 304 or 316 stainless steel, minimum 16 gauge with crowns 7/16” minimum horizontal, maximum ¾” horizontal B. Location/Penetration: Fasteners, two (2) per shingle, shall be applied approximately ¾” from the edge and approximately 1 ½” above exposure line, and shall be long enough to penetrate into the original layer of solid wood sheathing at least ¾” or all the way through C. Plastic Cement: Asphalt type with mineral fiber components, non- asbestos D. Lap Cement: Fibrated cutback asphalt type, non-asbestos 2.04 METAL FLASHING MATERIALS AND RIDGE CAP SHINGLES A. Sheet Flashings and Ridge Cap Shingles: ASTM Berridge Galvalume (or equal), 26 gauge, pre-weathered Galvalume finish, (or Satin Finish Galvalume), refer to existing for profiles B. Bituminous Paint: Acid and alkali resistant type, black color C. Nails: Standard round wire roofing type, stainless or hot dipped zinc coated steel, of sufficient length to penetrate through shingles and into wood substrate 2.05 FLASHING FABRICATION BID 7545 Old Waterworks Roofing Project Page 7 of 23 A. Form flashing to match existing profiles and to protect materials from physical damage and shed water B. Form sections square and accurate to profile, in maximum possible lengths and spliced widths, free from distortion or defects detrimental to appearance or performance C. Hem exposed edges of flashing a minimum of 1/4 inch on underside; unless noted otherwise, metal hip and ridge cap shingles shall not be hemmed D. Apply bituminous paint on concealed surfaces of flashings if flashing has no factory pre-finish on “back” side/concealed surface(s) PART 3 - EXECUTION 3.01 EXAMINATION AND PREPARATION A. Verify that any chimney and roof penetrations are flashed to deck surface B. Verify deck surfaces are dry, free of ridges, warps, or voids C. Broom clean surfaces D. Fill known holes and surface cracks with approved filler at areas of bonded eave protection E. Confirm configuration of existing roof decking and in those cases where spaced sheathing is present, install 1/2 CDX plywood sheathing over entire area of spaced sheathing F. Existing wood shingles shall be recycled. Hageman Earth Cycle in Fort Collins (phone # 970-221-7173) will grind them up/ recycle them for a fee. The Contractor is responsible for the cost of the fee. Existing metal roofing and miscellaneous metal flashings shall be also recycled. The Contractor will be responsible to work with RMB Recycling Center of Fort Collins (phone # 970-484-5384, Dean Hoag) to recycle metal materials. G. Document original wood shingle patterns, sizes, detail, and weather exposure and retain representative samples 3.02 INSTALLATION - EAVE/ICE DAM PROTECTION A. Place eave and gable edge metal flashings tight with fascia boards; weather lap joints and seal with plastic cement; secure flange with nails B. Apply rubberized asphalt/polyethylene sheet eave protection (ice and water shield) in accordance with manufacturer’s instructions and as shown on the Drawings C. Apply lap cement over underlayment starter strip D. Extend eave/ice dam protection membrane 36” around the perimeter of the building and 18” each side of the valleys, unless otherwise directed by the Owner. 3.03 INSTALLATION - PROTECTIVE UNDERLAYMENT A. Place two plies of D226 No. 30 felt underlayment over entire area, with ends and edges weather lapped and nailed; stagger end laps of each consecutive layer B. Install perpendicular to slope of roof C. Weather lap and seal watertight with plastic cement, items projecting through or mounted on roof BID 7545 Old Waterworks Roofing Project Page 8 of 23 3.04 INSTALLATION - VALLEY PROTECTION A. Place one layer of tapered sheet metal flashing, minimum 22 inches wide, centered over valleys and “W” crimped to guide water B. Weather lap joints 3.05 INSTALLATION - METAL FLASHINGS A. Install flashings in accordance with RCSHSB requirements and as approved by the Owner/Engineer B. Weather lap joints and seal weather tight with plastic cement; secure in place with concealed fastenings C. Flash and seal work projecting through or mounted on roof with plastic cement, weather tight 3.06 INSTALLATION - CONTINUOUS VENTILATION/AIR SPACE UNDERLAYMENT A. Place over felt underlayment one layer of three dimensional nylon matrix over entire area except at open non-shingled valleys B. Install per Manufacturer’s recommendations for a wood shingle installation C. Installation includes appropriate detailing at hip and ridge cap locations and roofing transition interfaces at “widow’s walk” upper roof platform flashing/counter flashing 3.07 INSTALLATION - SHINGLES A. Place shingles in accordance with RCSHSB requirements to produce straight coursing pattern with five and one-half (5 1/2) inch weather exposure to produce triple thickness over entire roof area (unless demolition of existing wood shingle roofing indicates otherwise) B. Provide double starter course at eaves C. Project first course beyond face of fascia boards and drip flashing approximately 1/2 inch D. Use minimum two (2) inch edge overlap E. Coordinate installation of weather tight placement of counter flashings F. Complete installation to provide weather tight service G. Roofer is responsible for daily weather protection of the interior of the building, re-roofing debris removal, and site clean-up including protective storage of materials off-site and/or on-site as coordinated with the Owner END OF SECTION BID 7545 Old Waterworks Roofing Project Page 9 of 23 VINTAGE ROOFING MATERIAL (CORRUGATED) SPECIFICATION PART 1 – GENERAL 1.01 SECTION INCLUDES The work includes, but is not necessarily limited to, furnishing and installation of all preformed metal roofing and accessories as specified herein. 1.02 SUBMITTALS A. PRODUCT DATA 1. Submit Manufacturer’s technical product data, installation instructions and recommendations for roofing panels as required. Include data substantiating that materials comply with requirements. A. SAMPLES 1. Prior to ordering products, submit Manufacturer’s standard color Samples for The City of Fort Collins selection. 2. Prior to starting work, submit 2 - 12” long Panel Samples showing shape and a representative color chip for The City of Fort Collins acceptance. B. SHOP DRAWINGS 1. Show panel layout, trim installation, and panel attachment. C. SITE CONDITIONS 1. Provide completed site condition form for the specified finish to suit project condition 1.03 QUALITY ASSURANCE A. INSTALLER’S QUALIFICATIONS 1. Installation of panels and accessories by installers with a minimum of 5 years experience on panel projects of this nature. B. MANUFACTURER’S QUALIFICATIONS 1. Manufacturer shall have a minimum of 10 years experience supplying metal roofing/siding to the region where the work is to be done. 2. Manufacturer shall provide proof of $2,000,000 liability insurance for their metal roof system and comply with current independent testing and certification as specified. See specific product literature for testing information. 3. Panel manufacturers without full supporting literature, Flashings & Details Guides, Guide Specifications and Technical Support shall not be considered equal to the specified product. BID 7545 Old Waterworks Roofing Project Page 10 of 23 C. REGULATORY AGENCY REQUIREMENTS 1. Comply with UBC and local Building Code requirements if more restrictive than those specified herein. 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING A. Protect against damage and discoloration B. Handle panels with non-marring slings. C. Do not bend panels. D. Store panels above ground, with one end elevated for drainage. E. Protect panels against standing water and condensation between adjacent surfaces. F. If panels become wet, immediately separate sheets, wipe dry with clean cloth, and allow to air dry. G. Remove any strippable film coating prior to installation and do not allow it to remain on the panels in extreme cold, heat or in direct sunlight. 1.06 WARRANTY A. MANUFACTURER’S PRODUCT WARRANTY 1. Manufacturer’s standard coating performance warranty, as available for specified installation and environmental conditions. B. CONTRACTOR’S WARRANTY 1. Warrant panels, flashings, sealants, fasteners and accessories against defective materials and/or workmanship, to remain watertight and weatherproof with normal usage for two (2) years following Project Substantial Completion date. PART 2 – PRODUCTS 2.01 MATERIALS A. PANELS 1. Base Metal: a. Material: (1) 7/8” Corrugated (1) Steel conforming to ASTM A792 Zincalume®/Galvalume®, minimum yield 50,000 psi, thickness 24 gauge. (2) Steel conforming to ASTM A653 (formerly ASTM A446), G-90 Galvanized, minimum yield 40,000 psi, thickness 24 gauge. b. Protective Coating: (1) Conform to ASTM A792, AZ50 (Zincalume/Galvalume). (2) Conform to ASTM A924 (formerly ASTM A525) G-90 Galvanized. 2. Exterior Finish: Vintage Finish to conform to historical nature of site. BID 7545 Old Waterworks Roofing Project Page 11 of 23 3. Interior Finish: a. Primer Coat Material: Corrosion-resistant primer; primer coat dry film thickness: 0.15 mils; finish coat material: polyester paint, finish coat dry film thickness: 0.35 mils. b. Color: Off-White to Light Gray 4. Color: a. Color to be selected by City of Fort Collins B. FABRICATION 1. Unless otherwise shown on drawings or specified herein, panels shall be full length. Fabricate flashings and accessories in longest practical lengths. 2. Roofing panels shall be factory formed. Field formed panels are not acceptable. PART 3 – EXECUTION 3.01 EXAMINATION A. EXISTING CONDITIONS 1. Inspect installed work of other trades and verify that such work is complete to a point where this work may continue. 2. Verify that installation may be made in accordance with approved shop drawings and manufacturer’s instructions. 3.02 PREPARATION A. FIELD MEASUREMENTS 1. Verify prior to fabrication. 2. If field measurements differ from drawing dimensions, notify Architect/Engineer prior to fabrication. B. PROTECTION 1. Treat, or isolate with protective material, and contacting surfaces of dissimilar materials to prevent electrolytic corrosion. 2. Require workmen who will be walking on Roofing Panels to wear clean, soft- soled work shoes that will not pick up stones or other abrasive material, which could cause damage or discoloration. 3. Protect work of other trades against damage and discoloration. C. SURFACE PREPARATION 1. Clean and dry surfaces prior to applying sealant. 3.03 INSTALLATION A. PANELS 1. Follow roof panel manufacturer’s directions. BID 7545 Old Waterworks Roofing Project Page 12 of 23 2. Install panel seams to match existing layout. 3. Lap panels away from prevailing wind direction. 4. Do not stretch or compress panel side-laps. 5. Secure panels without warp or deflection. B. ALLOWABLE ERECTION TOLERANCE 1. Maximum Alignment Variation: 1/4 inch in 40 feet. C. FLASHING 2. Follow manufacturer’s directions and architect approved Shop Drawings. 3. Overlap roof panels at least 6 inches. 4. Install flashings to allow for thermal movement. 5. Remove strippable protective film, if used, immediately preceding flashing installation. D. CUTTING AND FITTING 1. Neat, square and true. Torch cutting is prohibited where cut is exposed to final view. 2. Openings 6 inches and larger in any direction: Shop fabricate and reinforce to maintain original load capacity. 3. Where necessary to saw-cut panels, debur cut edges. 3.04 CLEAN UP AND CLOSE OUT A. PANEL DAMAGE AND FINISH SCRATCHES 1. Do not apply touch-up paint to damaged paint areas that involve minor scratches. 2. Panels or flashings that have severe paint and/or substrate damage shall be replaced as directed by the City of Fort Collins representative. B. CLEANING AND REPAIRING 1. At completion of each day’s work and at work completion, sweep panels, flashings and gutters clean. Do not allow fasteners, cuttings, filings or scraps to accumulate. 2. Remove debris from project site upon work completion or sooner, if directed. BID 7545 Old Waterworks Roofing Project Page 13 of 23 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. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 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 BID 7545 Old Waterworks Roofing Project Page 14 of 23 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 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. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 BID 7545 Old Waterworks Roofing Project Page 15 of 23 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, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 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 or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. Service Provider may, however, subcontract the […] work or other portions of the Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all BID 7545 Old Waterworks Roofing Project Page 16 of 23 applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material BID 7545 Old Waterworks Roofing Project Page 17 of 23 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. 16. 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. 17. 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. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , 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 BID 7545 Old Waterworks Roofing Project Page 18 of 23 from an insurance company acceptable to the City. 19. 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. 20. 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. 21. 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 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 BID 7545 Old Waterworks Roofing Project Page 19 of 23 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 this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. BID 7545 Old Waterworks Roofing Project Page 20 of 23 BID 7545 Old Waterworks Roofing Project Page 21 of 23 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY BID 7545 Old Waterworks Roofing Project Page 22 of 23 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: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. BID 7545 Old Waterworks Roofing Project Page 23 of 23 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.