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HomeMy WebLinkAboutRFP - 9200 ROOFING SERVICESRFP 9200 Roofing Services Page 1 of 33 REQUEST FOR PROPOSAL 9200 ROOFING SERVICES RFP DUE: 3:00 PM MST (our clock), October 19, 2020 The City of Fort Collins is seeking multiple roofing contractors to provide roofing services that include but not limited to existing roof repair, maintenance, and repair-by-replacement. Due to COVID-19 and the public closure to City buildings, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. Three (3) pre-proposal meetings and job walks will be held on Thursday October 8, 2020. They will be held at 2:30 pm, 3:00 pm and 3:30pm. The meetings will be held at Rolland Moore Park located at 2201 N. Shields, Fort Collins, 80524. Due to Covid-19, County guidelines do not permit meetings of more than 10 people. The City will be conducting this meeting in three separate 30 minute sessions. Please contact Jake Rector at jrector@fcgov.com or 970-391-3164 to reserve your time. We will be capping the amount of each company’s representatives to two (2). The group will meet at the Concession/Restroom building located at the center of the 4 multi-use fields. Due to COVID-19, all outlined CDC safety measures shall be taken, including, but not limited to, Social Distancing and Wearing Masks. Please supply your own ladder if you require roof access. 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. All questions should be submitted, in writing via email, to Jake Rector at jrector@fcgov.com, with a copy to Project Manager, Brian Hergott at bhergott@fcgov.com, no later than 5:00 PM MST (our clock) on October 12, 2020. Please format your e-mail to include: RFP 9200 Roofing Services 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. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a 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 9200 Roofing Services Page 2 of 33 person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 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. 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, RFP 9200 Roofing Services Page 3 of 33 Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 4 of 33 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City is seeking multiple roofing contractors to provide roofing services that may include, but not limited to the following: perform existing roof repair, maintenance, and repair-by-replacement roofing services. Services required during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $120,000 will be issued unless approved by the Director of Purchasing. Any work order exceeding $100,000 will require 100% payment and performance bonds. The City reserves the right to supply any or all materials. This contract is a one year contract with 4 optional one year renewals. This Agreement is administered by the Operations Services Department but may be utilized by other City Departments. The City intends to enter into a Services Agreement – Work Order Type Contract with one or multiple roofing contractors on an on-call, as required basis. At the City’s discretion, the City reserves the right to bid projects independent of the contracts awarded under this RFP. The City of Fort Collins reserves the right to reject all proposals and re-solicit, if deemed to be in the best interest of the City. For work estimated to cost less than $20,000 one of the awarded Service Providers may be contacted by City personnel and asked to provide an estimate to complete the work. For work estimated to cost over $20,000 the awarded Service Providers will be asked to bid on the work and the subsequent work order will be awarded to the lowest qualified bidder. The first project (Work Order) anticipated to be awarded under the contract(s) has been identified and is to be quoted and evaluated as part of this RFP process: 1. Attachment 1 – Rolland Moore Reroof Project B. SCOPE OF PROPOSAL 1. Scope of Work The City of Fort Collins is requesting proposals from qualified roofing contractors and individuals to provide roofing services for projects of $120,000 or less. The work may include, but not limited to the following: existing roof repair, maintenance and repair-by-replacement roofing services. a. Service Provider to: 1) Provide experienced roofing services as set out in specific Work Orders. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 5 of 33 2) Carry insurance levels as indicated in attached Services Agreement. 3) Maintain a local telephone number and must be able to be reached by telephone and email transmissions during normal business hours. Service Provider will respond to all City non- emergency inquiries by the next business day.The Service Provider will provide an after hours phone number to be used by the City to request emergency or urgently needed services. 4) Provide evidence of having adequate and sufficient qualified staff and equipment to perform quality services. 5) C. Construction Requirements 1. Provide site security and protection during construction. Provide all site safety management and compliance with OSHA standards and criteria. If applicable, implement a site safety program that is reported on regularly. 2. Provide for quality control program that meets or exceeds minimum job/contract document and industry standards. Coordinate and perform all quality control testing and inspections with the City’s staff or third party inspection vendor. All such tests and inspections shall be subject to the City’s review and written approval. 3. Meet all licensing requirements as set forth by the City of Fort Collins. 4. Comply with all City of Fort Collins building code requirements. 5. Obtain building permit(s) if applicable. 6. Obtain 100% Performance and Payment bonds for all Work Orders greater than $100,000. 7. For Work Orders greater than $100,000 the City will hold 5% retainage. 8. Provide services to manage participation in project close out process and needs during the project warranty period. 9. At any time, if the City determines that personnel on the construction team is not fit to continue, the City reserves the right to direct Service Provider personnel changes. 10. The City of Fort Collins has developed a Building Design Standards Manual. The Service Provider will comply to these standards unless exempted in writing by the City. This manual is available on line and can be viewed at: http://www.fcgov.com/opserv/design-standards.php 11. Required to adhere to the City of Fort Collins Dust Prevention and Control Manual (Attachment 2). 12. Required to fill out City of Fort Collins provided Waste Management Plan Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 6 of 33 Form (Attachment 3) and follow City of Fort Collins recycling requirements (Attachment 4). 13. Service Provider will not receive final payment until the Waste Management Plan has been provided and filled out with back-up. 14. Required to provide dumpsters for recycling and waste and to coordinate the location of dumpster(s) with the City of Fort Collins personnel before construction begins. 15. All forms must be filled out and coordinated with the City of Fort Collins as necessary. 16. Any damage caused to the existing buildings, parking lot, site, & landscaping through access to the construction area will be at the Service Provider’s expense to repair the damaged area to existing conditions before the damage occurred. 17. Ensure a clean and safe work site at all times. 18. Required to pull all appropriate State, City, and Fire permits. 19. Service Provider will be required to coordinate all necessary City of Fort Collins building inspections. 20. Service Provider will be required to coordinate all special inspections with the City’s staff or third party inspector. Contact information will be provided to the Service Provider prior to work beginning. 21. The City of Fort Collins has released smoking restrictions in certain areas. Smoking on City property is prohibited. If smoking is necessary, employees can smoke in their personal vehicles. Please go to: fcgov.com/smokefree for more information. D. RFP Submittal Requirements 1. Complete the Proposal Qualification document. See Section I V. 2. Prepare a detailed quote for Attachment 1 – Rolland Moore Reroof Project The quote for the project will include a detailed cost breakdown for all project elements including but not limited to: a. Labor hours and rates by job classification b. Schedule of values for materials including item description, quantity, price each and price extended c. Subcontractor cost detail, if applicable d. Other costs required to execute the project Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 7 of 33 3. 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 III: Review and Assessment for additional information. E. 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: October 2, 2020 • Pre-Proposal Meeting: 2:30 PM, 3:00 PM & 3:30 PM MST on October 8, 2020 • Question deadline: 5:00 PM MST on October 12, 2020 • Proposal due date: 3:00 MST (our clock) on October 19, 2020 • Interviews (tentative): Week of November 2, 2020 • Award of Contract (tentative): November 6, 2020 F. Interviews In addition to submitting the documents stated in Section D above, 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 II. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in- person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. G. 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. H. 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. All work shall be performed in accordance with ANSI Z133.1 A300 and applicable OSHA and AWWA Standards. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 8 of 33 In addition, the Fort Collins Water Treatment Facility Standard Operating Procedure and EMS Guide for Contractors and Vendors are to be adhered to. Lack of compliance with these two documents is grounds for cancellation of the purchase order/agreement. I. 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. J. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. K. Work Orders The awarded Vendor(s) will be expected to sign the City’s standard work order type services agreement, a sample of which is attached as Section V for reference purposes. In the event that the City has agreements with multiple Vendors for the Work, the City reserves the right to choose which Vendor to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the agreement). Each Work Order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the work order will conform with those submitted in the RFP response and subsequently included in the contract. No work order over $5,000 will be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the agreement) and will not be considered valid until signed, at a minimum, by the Vendor, project manager and Purchasing Department representative. L. 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, percentage of that work that has been completed by task, 3rd party supporting documentation with the Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 9 of 33 same detail and a brief progress report. For Work Orders greater than $100,000, the City will withhold 5% retainage pending project completion and acceptance. 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. M. Exceptions to Service Agreement Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section V) shall be documented. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 10 of 33 II. 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 5.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Do the persons who will be working on the projects have the necessary skills and qualifications? Has the firm successfully completed previous projects of this type and scope? 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? 4.0 Cost & Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 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”. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 11 of 33 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 If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 12 of 33 III. 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 90 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. Legal 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. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 13 of 33 Annual Sales: IV. SERVICE PROVIDER QUALIFICATION FORM SERVICE PROVIDER QUALIFICATION FORM GENERAL INFORMATION Date: Company Name: Address: Street City State Zip Phone: ( ) - Fax: ( ) - Parent Company: Address: Website: President: ( ) - Name Phone E-Mail Address Billing Contact: ( ) - Name Phone E-Mail Address List current Contractor Licenses your firm has: Principal Office: (Circle One) Corporation Partnership Individual Joint Venture Other Years in Business: Federal ID No: 2017: 2018: 2019: Union Affiliations: If yes, please list Affiliations: Disadvantaged Business Enterprise or Small Business Enterprise (Y or N)? If “Y”, Please Specify:_ Project Dollars currently under contract, but not completed. $ List current projects in process and open dollar value: Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 14 of 33 If you answer yes to any of the following questions listed below please attach details: Has this firm ever defaulted on a contract (Y or N)? Has this firm experienced reorganization within the past year (Y or N)? _ Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers (Y or N) ? Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years (Y or N) ? Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract (Y or N)? Total Number of Employees: Office Employees Field Employees Project Staff Breakdown: A resume or summary of qualifications for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. Please limit to one (1) page. Project Managers: Field Foremen: Carpenters: Laborers: Shop: Other: What scope of work does your firm self-perform?: Do you have subcontractors which work under you (Y or N) ? If yes, list them and what work they perform. (Any subcontractors you will be using will need to complete this form and it be submitted with your proposal). 1. 8. 2. 9. 3. 10. 4. 11. 5. 12. 6. 13. 7. 14. Official Purchasing Document RFP 9200 Roofing Services Page 15 of 33 Construction Cost Factors: Last updated 09/2020 A. Provide the hourly rates for your staff which you plan to use on City projects: Journeyman-Regular $_________/hour Journeyman-Overtime $_________/hour Apprentice-Regular $_________/hour Apprentice-Overtime $_________/hour B. Maximum material mark-up the City will pay: Under $500 +10%. Over $500 +8%. C. Provide your Markup for Materials: Under $500: _ % Over $500:__ % D. Provide equipment rates for all equipment you would potentially charge the City of Fort Collins for use on projects which are outside of your Overhead & Profit on a separate letterhead and attached to your proposal. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 16 of 33 SAFETY INFORMATION Name of Safety Director / Officer Company: Address: Street City State Zip ( ) - Phone E-Mail Address Does your firm have a written safety Plan (Y or N) ? Has your firm been cited for any serious OSHA violations in the past three years (Y or N)? OSHA recordable incident rate (Current Year): OSHA lost day incident rate (Current Year): Does your firm have a drug testing policy (Y or N) ? UNDER A SEPARATE COVER SUBMIT A SAMPLE CERTIFICATE OF INSURANCE SHOWING CURRENT COVERAGE AND LIMITS FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY, EXCESS UMBRELLA LIABILITY & WORKERS COMPENSATION. Under separate cover please submit a 300A log and summary of occupational injuries and illnesses as required by the US Department of Labor (Previous 12 months). Experience Modification Rate (EMR): 2019 2018 2017 Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 17 of 33 Experience List List four major projects completed in the past five (5) years by the key members of the proposed team; include the following information (attach a separate sheet for additional information): Project # 1 Name of Project Type of Building $ City State Zip Contract Amount ( ) - Contractor / Client Contact Phone E-Mail Address Your Project Manager Your Onsite Foreman Start Date Completion Date Comments: Project # 2 Name of Project Type of Building $ City State Zip Contract Amount ( ) - Contractor / Client Contact Phone E-Mail Address Your Project Manager Your Onsite Foreman Start Date Completion Date Comments: Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 18 of 33 Experience Continued: Project # 3 Name of Project Type of Building $ City State Zip Contract Amount ( ) - Contractor / Client Contact Phone E-Mail Address Your Project Manager Your Onsite Foreman Start Date Completion Date Comments: Project # 4 Name of Project Type of Building $ City State Zip Contract Amount ( ) - Contractor / Client Contact Phone E-Mail Address Your Project Manager Your Onsite Foreman Start Date Completion Date Comments: Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 19 of 33 Bonding & Banking Information Bonding Company Name: Address: Street City State Zip ( ) - ( ) - Phone Fax Website: Contact: ( ) - Name Phone E-Mail Address Aggregate Bonding Capacity: $ Single Project Bonding Capacity: $ Total Number of Projects Currently Bonded: Total Currently Bonding: $ Bank Name: Address: Street City State Zip ( ) - ( ) - Phone Fax Website: Contact: ( ) - Name Phone E-Mail Address DATE SIGNATURE PRINT NAME *Payment/Performance Bonds are only required for construction projects over $100,000.00 and will not be required for this contract, except in the event the Purchasing Director authorizes a project greater than $100,000.00 Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 20 of 33 V. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SERVICES AGREEMENT WORK ORDER TYPE 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 21 of 33 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 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, 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 is 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. 6. Early Termination by City/Notices. 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 mailed 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 address: 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 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 22 of 33 performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. Payment shall be made by the City Net 30 days from the date of the invoice and upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 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. 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 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 under the Agreement or of any cause of action arising out of the 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. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 23 of 33 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 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 representative, 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. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 24 of 33 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. 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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 Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 22. 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 Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 25 of 33 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 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. 23. 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. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 26 of 33 24. 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 one (1) page, attached hereto and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 27 of 33 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 28 of 33 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 29 of 33 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 30 of 33 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 31 of 33 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 32 of 33 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. Official Purchasing Document Last updated 10/2017 RFP 9200 Roofing Services Page 33 of 33 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.