HomeMy WebLinkAboutRFP - 8871 BURN BUILDING EQUIPMENT FOR POUDRE FIRE AUTHORITYRFP 8871 Burn Building Equipment for Poudre Fire Authority Page 1 of 27
REQUEST FOR PROPOSAL
8871 BURN BUILDING EQUIPMENT FOR POUDRE FIRE AUTHORITY
The City of Fort Collins, on behalf of Poudre Fire Authority, is requesting proposals from
qualified firms to design and construct a Multi-Story, Class A, Burn Building at Poudre Fire
Authority’s Training Center located at 3400 W. Vine Drive, Fort Collins, CO.
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be
received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on
March 26, 2019 and referenced as Proposal No. 8871. 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. Please note, additional time is required for bids mailed to the PO
Box to be received at the Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
All questions should be submitted, in writing via email, to Elliot Dale, Senior Buyer at
edale@fcgov.com, with a copy to Brandon Garcia, Project Manager, at bgarcia@poudre-
fire.org no later than 5:00 PM MST (our clock) on March 14, 2019. Please format your e-
mail to include: 8871 Burn Building Equipment for Poudre Fire Authority in the subject line.
Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
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
RFP 8871 Burn Building Equipment for Poudre Fire Authority Page 2 of 27
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
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.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
Official Purchasing Document
Last updated 10/2017
RFP 8871 Burn Building Equipment for Poudre Fire Authority Page 3 of 27
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins, on behalf of Poudre Fire Authority, is requesting proposals from
qualified firms to design and construct a Multi-Story Class A Burn Building at Poudre Fire
Authority’s Training Center located at 3400 W. Vine Drive, Fort Collins, CO 80521.
Work is to include coordination with the PFA Project Manager to design a container
system within the existing boundaries (approximately 3,000 square feet), as well as
pricing for the installation of all components including electrical conduits, wiring and
installation of specified outlets and LED lighting. The equipment will be supplied,
assembled and installed as part of this contract. The burn building Vendor is required to
hold the pricing submitted in the proposal for the period of time required to complete the
project. PFA will be responsible for preparing the existing site, including engineering
and design of the site, establishment of subgrades, concrete flatwork with appropriate
load bearing per the approved design and electrical stub outs. PFA will also coordinate
the electrical rough-in through the slab to an outside rated panel. This site work should
not be included in the burn building design proposal.
PFA will pay for all permitting, including a Larimer County building permit and State
electrical permit. The selected Vendor is required to comply with all building permit
requirements.
B. Background
Poudre Fire Authority’s Training Center is located in Larimer County just northwest of
Fort Collins city limits. The property contains the following structures and training props:
• Educational building with classrooms and offices
• Warehouse building
• Training tower
• Concrete burn building
• Propane props
• Pump pit
Poudre Fire Authority is looking for a Multi-Story Class A Burn Building constructed of
shipping containers in an assembled arrangement to allow for a variety of fire training to
occur. Please see the detailed design criteria below for components and arrangement
that should also be addressed in the proposal.
Construction of the burn building project is scheduled to be completed by July 31, 2019.
Construction will need to be completed within four months from the signing of the
vendor contract or sooner if possible.
II. SCOPE OF PROPOSAL
A. Scope of Work
The designs will be evaluated based on PFA’s assessment of the proposed layout and
estimated cost. The burn building and overall layout must meet or exceed Poudre Fire
Authority Design Criteria as detailed below:
• Burn building design should include a full range of various training capabilities
including;
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o Simulation of a single-family home on floor 1
o Simulation of a multi-family residence on floor 2 and 3
o Burn areas
o Laddering options
o Bail out window
Window sill 36” from floor
24” wide and 36” tall
Ability to affix wood inside the sill to allow grab hooks
o Anchor within same room opposite wall of window.
o Denver Drill
o Attic fire attack simulation
o Roof design for simulated vertical ventilation
o Exterior decks for staging and fire attack
o Hinged walls for ease of change of layout of floor plan
General Requirements for PFA Multi-Story Burn Building
1. Built in accordance with 1402 design requirements.
2. Load bearing areas must be shown on the design along with the load bearing
weight in order for flat work and supports to be designed into the concrete design
and construction provided by Poudre Fire Authority.
3. The accepted final design must be stamped by a structural engineering and be
built to be secured to the ground. The accepted final design must also be able to
withstand the wind speed design adopted by Larimer County. Additional
information can be found at:
https://www.larimer.org/sites/default/files/structural_design_information.pdf
4. New Grade A shipping containers with minimum 16-gauge steel exterior and 10-
gauge steel flooring must be used.
5. Minimum 11-gauge sheet metal covering insulated areas.
6. At least 5/16” chain on walls, ceiling and doors of burn areas to hold Class A
materials.
7. Trim in all containers not including burn areas. 12” minimum trim height of non-
combustible material used at the bottom of all containers with protected edge to
simulate a residential trim. This to cover all corrugated metal where the wall plate
meets the floor for safety during search training.
8. Four (4) burn chambers with insulation that will prolong the life of the burn
chamber. Two (2) burn chambers on floor side by side. One (1) burn chamber on
floor 2 shall have an attic space above that burn chamber. Container #8 should
have two access points at the top of the chamber and on the side and should be
designed for replaceable 5/8 gypsum board or ½” plywood.
9. Controllable ventilation system – manual pull chain for each burn container. First
floor burn chambers and below attics ventilation system should have an option to
vent outside and into the container above.
10. Concrete paver blocks to line floor of burn area with drains
11. Second room burn rooms have access to outside and a deck for staging and
dumping burn debris to a dumpster that will be staged below. Poudre Fire
Authority will provide specifications for dumpster.
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12. Eight (8) cold containers for staging, approach and search and rescue.
13. Door and windows in cold chambers with no less than 10 windows on entire
building. Minimum of two windows with a rebar prop system for cutting. Each
window will have bottom sash lined with a protective edging so that a firefighter
can enter and exit the building without any sharp edges. Each window will have a
mechanism to secure the windows both opened and closed.
14. Two (2) 55-gallon drum smoke barrels or 2’ x 2’ smoke containers for burning
hay for smoke production.
15. Hand rails on roof or OSHA compliant guardrail system where needed.
16. Exterior staging area atop stairwell on second floor.
17. Interior and exterior stairs with side rails in RAL color 1003 Signal Yellow.
18. Exterior paint color of red oxide.
19. Roof support capability of 600 lbs.
20. Temperature monitoring system in burn areas that show floor and ceiling
temperatures from the exterior of the structure.
21. One 110v electrical outlet on the north, west, and east sides of the structure.
One LED light on the north, south, and west facing sides and two LED lights on
the east facing side located at the height of the second-floor. Vendor to provide
make/model of down facing LED lights and show on building elevations the
location of the lights. LED lighting shall have one switch at the ground level on
the east side to turn on all lighting. All electrical outlets and lighting locations shall
be in areas not to be affected by burning. Galvanized rigid steel conduit (GRC) of
at least ¾” size shall be used. Vendor to provide exact location of the one-inch
GRC electrical stub outs provided by PFA on the west and east side of the
structure. Vendor to specify and provide all electrical materials past the NEMA
3R panel and stub outs on the flatwork.
22. Standpipe system that can be connected into the floor 1 covers and into stairwell.
Exterior connection point on the Alpha side of the building.
23. Interior layout: non-burn chambers will have moveable or rotating walls to change
configuration of floor plan. Specific interior layout design will be agreed-upon with
PFA during pre-construction meeting.
24. Interior walls: All non-burn boxes will be lined with a minimum of 1/8” sheet metal
two feet up the wall from the floor.
25. Attachment 1 - Isometric and Elevation Drawings is provided as a potential option
to meet the needs of PFA.
B. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: Week of March 4, 2019
• Question deadline: 5:00 PM MST on March 14, 2019
• Proposal due date: 3:00 MST (our clock) on March 26, 2019
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• Interviews (tentative, if required): Week of April 8, 2019
• Award of Contract (tentative): Week of April 8, 2019
• Completion of project: July 31, 2019
C. Budget
The budget for this project is approximately $400,000, therefore Vendors are invited to
submit proposals with the tasks prioritized to aid the City in working together with the
selected firm to identify and implement core tasks within the budget available for this
project. The budget represents funds for the design, purchase and installation of the
burn building. Poudre Fire Authority has budgeted additional funds for items outside the
scope of this RFP such as surfacing, concrete and drainage systems.
D. Interviews
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the RFP assessment team and asked to participate in an oral presentation to provide an
overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
E. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City will contract solely with the awarded Vendor; therefore, subcontractors
will be the responsibility of the Vendor.
F. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
G. Fees, Licenses, Permits
The successful Vendor shall be responsible for obtaining any necessary licenses, fees or
permits without additional expense to the City. All equipment shall be properly licensed
and insured, carry the appropriate permits and be placarded as required by law.
H. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Vendor each month following
the submittal of a correct invoice by the Vendor indicating the project name, Purchase
Order number, task description, hours worked, personnel/work type category, hourly rate
for each employee/work type category, date of the work performed specific to the task,
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percentage of that work that has been completed by task, 3rd party supporting
documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Vendor and the
City will negotiate an appropriate unit price for the service prior to Consultant initiating
such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
For this section, Vendors are required to provide detailed written responses to the following
items in the order outlined below. The responses shall be considered technical offers of what
Vendors propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or
fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and
Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no
less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a
single page. Please, no embedded documents. Proposals that do not conform to these
requirements may be rejected.
Responses must include all the items in the order listed below. It is suggested that the Vendors
include each of the City’s questions with their response immediately following the question.
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Vendor Information
1. Describe the Vendor’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
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C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
3. Identify what portion of work, if any, may be subcontracted.
4. Proposed design concept, including:
a. Plan (pdf & AutoCAD file)
i. Include proposed components with materials, color choices and
recommendations, etc.
b. Pertinent cut-sheets for burn building components and/or manufacturer’s
literature
c. 3D sketches/perspectives for burn building design (3 minimum from different
angles)
d. Statement/narrative/chart summary – describing the proposed design(s).
5. Warranty information – detailed description of the warranty coverage.
6. Capability to provide Performance and Payment Bonds in the amount of 100% of the
Agreement.
D. Availability
Project schedule based on July 31, 2019 installation completion.
1. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
2. Are other qualified personnel available to assist in meeting the project schedule if
required?
3. Provide an outline of the schedule for completing tasks. The manufacturer’s
schedule shall clearly indicate “critical path work items” and explain their approach
and strategy to ensuring this schedule is met.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Vendor shall submit estimated costs to design, produce/build and install the burn
building. Costs shall be itemized to the greatest extent possible.
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2. The awarded contract will include a Guaranteed Maximum Price (GMP) for the
project based on the Vendors proposal and the Parties negotiations. The project
cost shall be finalized after completion of the Final Design and will not exceed the
GMP.
G. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and sub consultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the consulting services described above.
3. Provide a minimum of three (3) similar projects in the last 5 years that have involved
the staff proposed to work on this project. Include the owner’s name, title of project,
beginning price, ending price, contact name, email and phone number, sub-
consultants on the team, and a brief description of the work and any change orders.
4. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Vendor
authorizes City to verify any and all information contained in the Vendor’s submittal
from references contained herein and hereby releases all those concerned providing
information as a reference from any liability in connection with any information they
give.
H. Additional Information
Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Explain any concerns Vendor may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
Exceptions to the Scope of Services and City Agreement (a sample of which is
attached in Section VI) shall be documented.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Vendors will be evaluated on the following criteria. These criteria will be the basis for
review and assessment of the written proposals and optional interview session. At the
discretion of the City, interviews of the top-rated Vendors may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
WEIGHTING
FACTOR QUALIFICATION STANDARD
3.0 Scope of Proposal
& Design
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
1.0 Availability
Can the work be completed in the necessary
time? Can the target start and completion dates
be met? Are other qualified personnel available
to assist in meeting the project schedule if
required?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
3.0 Cost & Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the costs competitive?
2.0 Firm Capability
Has the firm successfully completed previous
projects of this type and scope? Does the firm
have the resources, financial strength, capacity
and required warranty to successfully complete
the project on-time and in-budget?
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Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Vendor again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Vendor responsive to client needs; did the
Vendor anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
Was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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V. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP. Additionally, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of addenda.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
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VI. ATTACHMENTS
Attachment 1 – Isometric and Elevation Drawings
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
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", as agent, on behalf of the POUDRE FIRE AUTHORITY (PFA), 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(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider 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(s), 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. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided. In
addition, at the option of the City and/or PFA, 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. Written notice of
renewal shall be provided to the Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or 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 and PFA of such condition within fifteen (15) days from the
onset of such condition.
6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
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City and/or PFA 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:
Poudre Fire Authority
Attn:
102 Remington Street
Fort Collins, CO 80524
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the and/or PFA, the Service Provider shall be paid for
services rendered to the date of termination, subject only to the satisfactory performance of
the Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. The City and/or PFA 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(s), and incorporated herein by this
reference.
8. City Representative. The and/or PFA 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 and/or PFA Representative.
9. Independent Service provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins or the
Poudre Fire Authority. The City and/or PFA shall not be responsible for withholding any
portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
10. 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 and/or PFA, which
shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City and/or PFA), 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 applicable terms of this Agreement, (c) the
subcontract will not create any contractual relationship between any such subcontractor and
the City and/or PFA, nor will it obligate the City and/or PFA 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 and/or PFA to the same extent as the work of the Service Provider.
11. Personal Services. It is understood that the City and PFA enter into the Agreement based
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RFP 8871 Burn Building Equipment for Poudre Fire Authority Page 16 of 27
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 and/or PFA.
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 and/or PFA 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
and/or PFA.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City and/or PFA -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 and/or PFA 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 and/or PFA.
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 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.
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,
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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 and/or PFA, their
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 and PFA 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 Purchasing Director, 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 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.
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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 this
provision of this Agreement and the City terminates the Agreement for such breach.
21. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and
Prevention Manual,” which is available for public download at
https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is
incorporated herein by this reference. The City of Fort Collins has implemented this manual
for all projects performed for the City of Fort Collins or located within the City of Fort Collins
City limits.
22. Performance and Payment Bonds. Service Provider shall obtain 100% Performance
and Payment Bonds in accordance with Exhibit , consisting of four (4) pages, attached
hereto and incorporated herein.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
POUDRE FIRE AUTHORITY
By: _________________________________
Tom DeMint, Fire Chief
Date: ______________________________
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
(BID SCHEDULE/COMPENSATION)
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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 reduce coverage or limits and
will not be cancelled, except after thirty (30) 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 $1,000,000 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.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on
behalf of the Poudre Fire Authority (the “PFA”) 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 and/or PFA or their 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 and/or PFA may be confidential and/or proprietary. The
Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or
PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA
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 and/or PFA). 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 and/or PFA. 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
and/or PFA.
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 and/or PFA in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City and/or PFA, or the
City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City
and/or PFA 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 and/or PFA’s remedies at law for a
breach of the Service Provider’s obligations under this Confidentiality Agreement may be
inadequate and that the City and/or PFA 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.
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EXHIBIT __
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins Project, [Project # and Name].
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of ($ ) in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the [Day] day of [Month] in the year of 20[Year], a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins Project, [Project # and Name].
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
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RFP 8871 Burn Building Equipment for Poudre Fire Authority Page 27 of 27
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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