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Home My WebLink AboutCORRESPONDENCE - BID - 7529 ROOF REPLACEMENT AT DRAKE WASTEWATER TREATMENT PLANT (3)City of Fort Collinsrchasin Pug August 22, 2013 Kent Nelson Front Range Roofing Systems, LLC 222 131h Avenue, Greeley, CO 80631 Financial Services Purchasing Division 215 N. Mason St. 2nO Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax kgovcam/purchasing RE: Bid 7529 Roof Replacement at Drake Wastewater Treatment Plant Dear Mr. Nelson: We are in receipt of your letter dated August 18, 2013 regarding errors and missed items in your referenced bid. In accordance with the attached City of Fort Collins Municipal Code, Sec 8-157, Competitive Sealed bidding, (f), (2), FRRS has two available options as follows: A) Complete the project per the bid amount of $218,098; or B) Withdraw the bid. Although the City of Fort Collins has the right to demand performance, the City will not pursue performance under the bid bond and we will allow FRRS to withdraw the bid. In the future, the City of Fort Collins will insist adherence to the bid and will not waive the bid bond. Thanks for taking the time to attend the pre -bid meeting and participate in the bid. We need FRRS to notify the City in writing whether it intends to honor the bid or withdraw by tomorrow, Friday 23, 2013, 12:00 PM. In the event FRRS does not respond by the designated time, the City of Fort Collins will consider the bid withdrawn. Director of Purchasing & Risk Management GSP: jds Sec. 8-157. Competitive sealed bidding. (a) Procurements accomplished pursuant to this Section shall be awarded to the lowest responsive and responsible bidder after competitive sealed bidding. (b) An invitation for bids shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement. (c) Public notice shall be given and shall include the bid title, place, date and time of bid opening. (d) All bids shall be opened in public at the time and place stated in the invitation for bids. The amount of each bid and such other relevant information as the Purchasing Agent deems appropriate, together with the name of each bidder, shall be recorded. Thereafter, the record of bids and each bid shall be available for public inspection in the office of the Purchasing Agent in the same manner as are other public records. In the event of good cause as determined by the Purchasing Agent, bid openings may be postponed. (e) Bids shall be unconditionally accepted without alteration or correction, except as authorized in Subparagraph (g) of this Section. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria and/or processes for determining acceptability, such as inspection, provision of sample materials, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs. The invitation for bids shall set forth all evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. (f) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be authorized when deemed appropriate by the Purchasing Agent. (1) Mistakes discovered before bid opening may be corrected or withdrawn in writing by the bidder. Any such corrections or notices of withdrawal must be received in the office designated in the invitation for bids prior to the time set for bid opening. (2) After bid opening, the following provisions shall apply: a. A low bidder alleging a material mistake of fact may be permitted by the Purchasing Agent to correct its bid if the mistake is clearly evident on the face of the bid document and the intended correct bid is similarly evident. b. A low bidder alleging a material mistake of fact may be permitted by the Purchasing Agent to withdraw its bid: (i) if the mistake is clearly evident on the face of the bid but the intended correct bid is not similarly evident or (ii) if the mistake is not clearly evident on the face of the bid but the bidder submits evidence to the Purchasing Agent which clearly and convincingly demonstrates that a mistake was made, in which case the bidder must show the nature of the mistake and the bid price actually intended. (3) No changes in bid prices or other provisions of bids prejudicial to the interests of the City or fair competition shall be permitted. (4) All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes will be supported by a written determination made by the Purchasing Agent. (g) The contract shall be awarded with reasonable promptness by written notice to the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. If the lowest responsive and responsible bid exceeds budgeted funds and either time constraints or economic considerations preclude resolicitation of work of a reduced scope, the Purchasing Agent is authorized to negotiate an adjustment of the bid price with the lowest responsive and responsible bidder or to modify the scope of work, so as to bring the bid within the amount of available funds. (Ord. No. 84, 1990, 8-7-90) John Stephen From: knelson@frontrangeroofing.com Sent: Friday, August 23, 2013 11:36 AM To: John Stephen Cc: Link Mueller; Gerry S. Paul Subject: Re: 7529 Drake Wastewater Treatment Plant John, Thank you for your response and I fully understand the position of the city. We have too many mistakes and costs in our bid to perform the work for the base bid amount and wish to withdraw our bid. Thanks for your understanding but performing this work at the bid amount would not make good business sense knowing that we would lose a substantial amount of money. We look forward to working with the City of Fort Collins on future projects. Thanks Again, Kent Nelson Vice President Front Range Roofing Systems, LLC. 222 13th Ave Greeley, CO 80631 Phone: (970) 353-2322 Fax: (970) 352-5757 website: http://www.frontrangeroofing.com/ NOTICE OF CONFIDENTIALITY: The information contained in this email, and any attachments thereto, is confidential and may be privileged. It is intended only for the use of the individual(s) or entity named herein. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone, fax, or e-mail and then delete this e-mail. On August 22, 2013 at 5:36 PM John Stephen <JSTEPHEN@fc ov.com> wrote: Kent, please see the attached letter. Thanks ... John John Stephen, CPPC, LEED AP Senior Buyer 215 N Mason City of Fort Collins 970-221-6777 momRanGE ROOFING SYSTEMS LLC August 181b, 2013 John Stephen, Senior Buyer City of Fort Collins Purchasing 215 North Mason Fort Collins, CO 80524 970-221-6777 istephen@fcqov.com Reference: Drake Waste Water Treatment Plant Reroof Project Dear Mr. Stephens, I meet with Lincoln Mueller and Dave Michaels to discuss the roofing project on Friday August 161", 2013. After our review of our proposal we found numerous errors within our estimate. During the bidding process the summary pages did not print since they are legal size. We missed numerous items on these pages such as walk pads, permit fees & adhesive coverage rates. These errors make it impossible for us to complete the project for the bid amount. As we reviewed the errors and added back in the missing items it would take an additional $35,000.00 for us to complete the project at direct cost. We take full responsibility and are willing to perform the work at cost for the city if acceptable. If this is not acceptable with we understand the city would have to award the project to the next bidder. Front Range Roofing Systems prides itself in being part of the City of Fort Collins community and have completed numerous successful projects for the city over the years. We truly apologize for our performance and hope to work with the city at direct cost to rectify the situation. I have been a member of this community since 1984 and want to make sure you know how embarrassed I am with this bid proposal to the City of Fort Collins. Please contact me at our office with any questions or concerns. /rely, nt Roofing Systems, LLC 222 131h Avenue Greeley, Colorado 80631 970-353-2322 FAX 970-352-5757 www.frontra ngeroofing. corn Chapter 8: Finance Page 1 of 2 Sec. 8-157: Competitive sealed bidding. toot (a) Procurements accomplished pursuant to this Section shall be awarded to the lowest responsive and responsible bidder after competitive sealed bidding. (b) An invitation for bids shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement. (c) Public notice shall be given and shall include the bid title, place, date and time of bid opening. (d) All bids shall be opened in public at the time and place stated in the invitation for bids. The amount of each bid and such other relevant information as the Purchasing Agent deems appropriate, together with the name of each bidder, shall be recorded. Thereafter, the record of bids and each bid shall be available for public inspection in the office of the Purchasing Agent in the same manner as are other public records. In the event of good cause as determined by the Purchasing Agent, bid openings may be postponed. (e) Bids shall be unconditionally accepted without alteration or correction, except as authorized in Subparagraph (g) of this Section. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria and/or processes for determining acceptability, such as inspection, provision of sample materials, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price shall be objectively measurable, such as discounts, transportation costs and total or life cycle costs. The invitation for bids shall set forth all evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. (f) Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be authorized when deemed appropriate by the Purchasing Agent. (1) Mistakes discovered before bid opening may be corrected or withdrawn in writing by the bidder. Any such corrections or notices of withdrawal must be received in the office designated in the invitation for bids prior to the time set for bid opening. (2) After bid opening, the following provisions shall apply: a. A low bidder alleging a material mistake of fact may be permitted by the Purchasing Agent to correct its bid if the mistake is clearly evident on the face of the bid document and the intended correct bid is similarly evident. b. A low bidder alleging a material mistake of fact may be permitted by the Purchasing Agent to withdraw its bid: (i) if the mistake is clearly evident on the face of the bid but the intended correct bid is not similarly evident or (ii) if the mistake is not clearly evident on the face of the bid but the bidder submits evidence to the Purchasing Agent which clearly and convincingly demonstrates that a mistake was made, in which case the bidder must show the nature of the mistake and the bid price actually intended. (3) No changes in bid prices or other provisions of bids prejudicial to the interests of the City or fair competition shall be permitted. http://www.colocode.com/ftcollins/municipal/chapter8.htm 8/19/2013 momRanGE ROOFING SYSTEMS LLC August 20, 2013 Attn: Lincoln Mueller, City of Fort Collins Reference: Drake Waste Water Treatment Plant Reroof Project BREAKDOWN OF ITEMS MISSED IN BASE BID: • 8 Kits Cav-Grip Primer Material & Labor Materials: $2,748.00 Labor: $880.00 • 28 Fast Bag in the Box Olybond Adhesive Materials: $11,620.00 Labor: $2,200.00 • 1240' Walkpad Material & Labor Materials: $11,664.00 Labor: $2,400.00 • Permit Fees $2,360.00 • Bond $3,723.00 Total: $37,595.00 If you sh uld have any further questions, please contact our office Sincere ' /J'I �� Kent on Vice P a ilent Front ange Roofing Systems, LLC 222 131" Avenue • Greeley, Colorado 80631 - 970-353-2322 FAX 970-352-5757 www.frontrangeroofing.com BID TALLY SHEET BID: 7529 ROOF REPLACEMENT AT DRAKE WASTEWATER TREATMENT PLAN OPENING DATE: 3:00 PM, AUGUST 7, 2013 ENGINEERS ESTIMATE: BIDDER BASE BID ADDENDUM QeE �J t�. 6+� �r uq crCdoA.,4 . ✓ ✓ V :� 90ltL1; wq.S�jS