RFP 2510-KY CSB Roof Repair.pdf

Facilities Department

Request for Proposal

RFP 2510-KY

MESA COUNTY COMMUNITY SERVICES

BUILDING ROOF REPAIRS

Responses Due 4/28/2025 prior to 4:00 PM MT

MANDATORY Pre-Proposal Meeting 04/15/2025, 1:00 PM MT

Electronic Responses Only Submitted through the Rocky Mountain E-Purchasing System (RMEPS) http://www.bidnetdirect.com/colorado

Purchasing Representative does not have access or control of the vendor side of RMEPS.

If website or other problems arise during response submission, vendor must contact RMEPS to resolve issue prior to the response deadline. 800-835-4603.

Purchasing Representative Kathy Young, Facilities Operations Manager kathy.young@mesacounty.us 970-244-3239

April 9, 2025

This document has been developed specifically to solicit competitive responses for this solicitation, and may not be the same as previous Mesa County solicitations. All Offerors are urged to thoroughly review this solicitation prior to responding. Submittal by fax, email, or hard copy is not acceptable for this solicitation.

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Request for Proposal

MESA COUNTY COMMUNITY SERVICES

BUILDING ROOF REPAIRS

TABLE OF CONTENTS

Section

1 Administrative Information and Conditions for Submittal

2 General Contract Terms and Conditions

3 Insurance Requirements

4 Scope of Services/Specifications

5 Proposal Content

6 Evaluation Criteria and Factors

7 Solicitation Response Form

8 Sample Contract

9 Attachment(s)

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SECTION 1: ADMINISTRATIVE INFORMATION & CONDITIONS FOR SUBMITTAL

1.1. Purpose. The Facilities Department of Mesa County, Colorado is requesting competitive proposals from qualified and interested companies for all labor equipment and materials required for the repair of a roof system at the Community Services Building located at 510 29 ½ Road, Grand Junction, CO. All dimensions and scope of work shall be verified by the vendor prior to submission of proposals.

1.2. The Owner. The Owner is Mesa County, Colorado and is referred to throughout this Solicitation. The term Owner or County means the Owner or his or her authorized representative.

1.3. Pre-Proposal Meeting. A mandatory pre-proposal meeting is required for all prospective offerors. The purpose of this meeting will be to clarify the contents of this Request for Proposal (RFP).

Date: April 15, 2025 Time: 1:00 PM MT Meeting location: Mesa County Community Services Building Address: 510 29 ½ Road, Grand Junction CO 81501

1.4. RFP Tentative Schedule

RFP Available April 9, 2025 Mandatory Pre-Proposal Meeting April 15, 2025, 1:00PM MT Questions Deadline April 18, 2025, 2:00PM MT Posting of Questions & Answers April 21, 2025 RFP Response Due April 28, 2025, 4:00PM MT Evaluation of Proposals April 29-30, 2025 Board Approval of Selection May 2025

1.5. Compliance. All participating Offerors, by their signature hereunder, shall agree to comply with all conditions, requirements, and instructions of this RFP as stated or implied herein. Should the Owner omit anything from this packet which is necessary to the clear understanding of the requirements, or should it appear that various instructions are in conflict, the Offeror(s) shall secure instructions from the Purchasing Department prior to the date and time of the submittal deadline shown in this RFP.

1.6. Electronic Signatures. Electronic signatures and copies of signatures shall be legally binding with the same force and effect as manually executed signatures.

1.7. Submission. Each bid shall be submitted in electronic format only, and only through the Rocky Mountain E-Purchasing System (RMEPS) website (http://www.bidnetdirect.com/colorado).

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1. This site offers both “free” and “paying” registration options that allow for full access of the Owner’s documents and for electronic submission of proposals.

(Note: “free” registration may take up to 24 hours to process. Please plan accordingly.)

2. Purchasing Representative does not have access or control of the vendor side of RMEPS.

3. Ensure the bid is submitted in BidNet by obtaining a confirmation number from BidNet.

4. If website or other problems arise during response submission, contact RMEPS to resolve issue prior to the response deadline. 800-835-4603.

1.8. Proposal Alterations. Any alterations made prior to opening date and time must be initialed by the signer of the proposal, guaranteeing authenticity. Proposals cannot be altered or amended after submission deadline.

1.9. Late Proposals. Proposals received after the Proposal closing date and time will be considered non-responsive and not accepted. The responsibility for a timely submission rests with the Offeror. Mesa County is not responsible for lost or misdirected response submissions or for any technical issue with BidNet.

1.10. Discovery of Errors after Proposal Opening. Matters of form rather than substance that are evident form the face of the Proposal, such as minor errors and irregularities by Offerors, are waivable or correctable at the Owner’s discretion, as long as:

1. There is no material variation from the original requirements definition, specifications, scope of work, or deliverable; and

2. The error or irregularity has not impact of quality, delivery, quantity, performance, price, of the Offeror’s ability to comply with the fulfilment conditions; and

3. The error or irregularity would not restrict of impact the open, fair, and competitive nature of the acquisition; and

4. The waiver or correction is in the best interests of the Owner.

1.11. Mathematical Errors. In the event of a discrepancy between unit price and the mathematical products of the unit price and the estimated quantities in the schedule, the unit price shall govern. In the event the mathematical products of the unit price and the estimated quantities in the schedule is not shown, the unit price and quantity will be used. The Owner may require the Offeror to give the Owner written verification of the matter and make the appropriate adjustments.

1.12. Withdrawal of Proposal. A proposal must be firm and valid for award and shall not be withdrawn or canceled by the Offeror for ninety (90) days following the submittal deadline date, and only prior to award. The Offeror so agrees upon submittal of their proposal. After award this statement is not applicable.

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1.13. Award. The Owner reserves the right to make the award on the basis of the offer deemed most favorable, to waive any formalities or technicalities, and to reject any or all offers for any reason.

1.14. Acceptance of Proposal Content. The contents of the proposal of the successful Offeror shall become contractual obligations if acquisition action ensues. Failure of the successful Offeror to accept these obligations in a contract shall result in cancellation of the award and such Offeror may be removed from future solicitations.

1.15. Addenda. All questions shall be submitted in writing via email to the Purchasing Representative by the due date noted in Section 1.4 above and be clearly labeled:

“Written Questions / RFP 2510-KY CSB Roof Repair”. Any interpretations, corrections and changes to this RFP or extensions to the opening/receipt date shall be made by a written Addendum to the RFP by the Purchasing Department. Sole authority to authorize addenda shall be vested in the Mesa County Purchasing Representative. Addenda will be issued electronically through the Rocky Mountain E-Purchasing System (RMEPS) website at www.bidnetdirect.com/colorado.

Offerors shall acknowledge receipt of all addenda in their proposal.

1.16. Open Records. Proposals shall be received and publicly acknowledged at the location, date, and time stated herein. Offerors, their representatives, and interested persons may be present. Proposals shall be received and acknowledged only so as to avoid disclosure of process. However, all non-confidential proposals shall be open for public inspection after the contract is awarded. Trade secrets and confidential information contained in the proposal so identified by Offeror as such shall be treated as confidential by the Owner to the extent allowable in the Colorado Open Records Act.

1.17. Response Material Ownership. All proposals become the property of the Owner upon receipt. Selection or rejection of the proposal shall not affect this right. The Owner shall have the right to use all ideas or adaptations of the ideas contained in any proposal received in response to this RFP, subject to limitations outlined in the entitled “Confidential Material”. Disqualification of a proposal does not eliminate this right.

1.18. Protests. Protests may only be filed by an actual or prospective Offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. The protest shall be submitted in writing to the Chief Financial Officer within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise thereto, which is generally when a Notice of Intent to Award decision letter is received by Offerors, provided that the protest is received by the County’s Chief Financial Officer prior to the County finalizing a contract with the selected Offeror.

1.19. Taxes. The Owner is a political subdivision of the State of Colorado and thus exempt from sales and use taxes and federal excise tax. Therefore all fees shall not include taxes. Colorado Tax exempt No. 98-04241.

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1.20. Collusion Clause. Each Offeror by submitting a proposal certifies that it is not party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any and all proposals shall be rejected if there is evidence or reason for believing that collusion exists among the Offerors. The Owner may or may not, at the discretion of the Owner Purchasing Representative, accept future proposals for participants in such collusion.

1.21. Public Disclosure Record. If the Offeror has knowledge of their employee(s) or sub-offerors having an immediate family relationship with an Owner employee or elected official, the Offeror must provide the Purchasing Representative with the name(s) of these individuals. These individuals are required to file an acceptable “Public Disclosure Record”, a statement of financial interest, before conducting business with the Owner.

1.22. Public Opening. Proposals will be received and documented immediately following the proposal deadline. Only the names and locations of the proposing Offerors will be disclosed.

1.23. Procurement Policy. This RFP is subject to the Mesa County Procurement Policy as of the date of RFP availability. A copy of the policy is available on the Mesa County website, located at http://www.mesacounty.us/purchasing/.

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SECTION 2: GENERAL CONTRACT TERMS AND CONDITIONS

2.1. Acceptance of RFP Terms. A proposal submitted in response to this RFP shall constitute a binding offer. Acknowledgment of this condition shall be indicated on the Letter of Interest or Cover Letter by the electronic signature of the Offeror or an officer of the Offeror legally authorized to execute contractual obligations. A submission in response to the RFP acknowledges acceptance by the Offeror of all terms and conditions including compensation, as set forth herein. An Offeror shall identify clearly and thoroughly any variations between its proposal and the Owner’s RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP.

2.2. Execution, Correlation, Intent, and Interpretations. The Contract Documents shall be signed by the Owner and Offeror. By executing the contract, the Offeror represents that they have familiarized themselves with the local conditions under which the Services is to be performed, and correlated their observations with the requirements of the Contract Documents. The Contract Documents are complementary, and what is required by any one, shall be as binding as if required by all. The intention of the documents is to include all labor, materials, equipment, services and other items necessary for the proper execution and completion of the scope of services as defined in the technical specifications and drawings contained herein. All drawings, specifications and copies furnished by the Owner are, and shall remain, Owner property. They are not to be used on any other project.

2.3. Permits, Fees, & Notices. The Offeror shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the services. The Offeror shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the services. If the Offeror observes that any of the Contract Documents are at variance in any respect, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted by approximate modification.

If the Offeror performs any services knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner, he shall assume full responsibility and shall bear all costs attributable.

2.4. Responsibility for those Performing the Services. The Offeror shall be responsible to the Owner for the acts and omissions of all his or her employees and all other persons performing any of the services under a contract with the Offeror.

2.5. Payment & Completion. The Contract Sum is stated in the Contract and is the total amount payable by the Owner to the Offeror for the performance of the services under the Contract Documents. Upon receipt of written notice that the services is ready for final inspection and acceptance and upon receipt of application for payment, the Owner’s Project Manager will promptly make such inspection and, when they find the services acceptable under the Contract Documents and the Contract fully performed, the Owner shall make payment in

RFP 2510-KY CSB Roof Repair Page 8 the manner provided in the Contract Documents. Partial payments will be based upon estimates, prepared by the Offeror, of the value of Services performed and materials placed in accordance with the Contract Documents.

2.6. Inspection. The Owner reserves the right, without notice and at reasonable times, to inspect the work accomplished by the Offeror under this Contract. The right of inspection reserved in the Owner is for protection of Owner in assuring that the work is proceeding in a timely and satisfactory manner and does not relieve the Offeror from responsibility for selecting appropriate means of fulfilling its obligations hereunder.

2.7. Professionalism. The Offeror shall perform its work hereunder in accordance with sound and acceptable industry or professional practices and standards and in accordance with all codes, standards, regulations, and laws applicable to the work;

and prior to beginning work, shall secure, at Offeror's expense, all necessary permits required by any governmental agency with jurisdiction.

2.8. Protection of Persons & Property. The Offeror shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Offeror shall erect and maintain, as required by existing safeguards for safety and protection, and all reasonable precautions, including posting danger signs or other warnings against hazards promulgating safety regulations and notifying owners and users of adjacent utilities. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Offeror in the execution of the services, or in consequence of the non-execution thereof by the Offeror, they shall restore, at their own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner.

2.9. Audit. The Owner, or its designee, may, at reasonable times, during the term of this Contract or for two years after its termination or expiration, audit the Offeror's books with regard to this Contract, and the Offeror shall retain its books and records for the required period.

2.10. Exclusivity. This is not an exclusive Contract. The Owner may, at its sole discretion, contract with other entities for work similar to that to be performed by the Offeror hereunder. Offeror may contract to perform similar work for others, and is not expected to work exclusively for Owner.

2.11. Assignment of Contract. This is a personal services contract on the part of the

Offeror. This Contract may not be assigned or subcontracted without the prior express written consent of the County and any attempt to assign this Contract without the prior express written consent of the Owner shall render the Contract null and void with respect to the attempted assignee.

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2.12. Changes in the Services. The Owner, without invalidating the contract, may order changes to the contract such as changes in the services within the general scope of the contract consisting of additions, deletions and/or other revisions. All such changes in the services shall be authorized by Change Order/Amendment and shall be executed under the applicable conditions of the contract documents.

A Change Order/Amendment is a written order to the Offeror signed by the Owner issued after the execution of the contract, authorizing a change in the services or an adjustment in the contract sum or the contract time. Refer to the current Mesa County Procurement Policy for change order amount thresholds that require approval by the Board of County Commissioners.

2.13. Minor Changes in the Services. The Owner shall have authority to order minor changes in the services not involving an adjustment in the contract sum or an extension of the contract time and not inconsistent with the intent of the contract documents.

2.14. Uncovering & Correction of Services. The Offeror shall promptly correct all services found by the Owner as defective or as failing to conform to the contract documents. The Offeror shall bear all costs of correcting such rejected services, including the cost of the Owner’s additional services thereby made necessary. The Owner shall give such notice promptly after discover of condition. All such defective or non-conforming services under the above paragraphs shall be removed from the site where necessary and the services shall be corrected to comply with the contract documents without cost to the Owner.

2.15. Acceptance Not Waiver. The Owner's acceptance or approval of any services furnished hereunder shall not in any way relieve the Offeror of their present responsibility to maintain the high quality, integrity and timeliness of his or her services. The Owner's approval or acceptance of, or payment for, any services shall not be construed as a future waiver of any rights under this Contract, or of any cause of action arising out of performance under this Contract.

2.16. Change Order/Amendment. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All amendments to the contract shall be made in writing by the Owner.

2.17. Assignment. The Offeror shall not sell, assign, transfer or convey any contract resulting from this RFP, in whole or in part, without the prior written approval from the Owner.

2.18. Compliance with Laws. The Offeror must comply with all Federal, State, County and local laws, including those laws governing or covering the type of services stated herein. The Offeror must comply with all ADA (Americans with Disabilities Act) requirements. Offeror hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law.

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2.19. Other Compliance. No proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the Owner, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Owner, or that has failed to attain or demonstrate compliance with any law, ordinance, regulation, or contract term or condition as may be provided for or required in any Owner contract, or that may be deemed irresponsible or unreliable by the Owner.

2.20. Debarment/Suspension. The Offeror herby certifies that the Offeror is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Governmental department or agency.

2.21. Confidentiality. All information disclosed by the Owner to the Offeror for the purpose of the services to be done or information that comes to the attention of the Offeror during the course of performing such services is to be kept strictly confidential. Offeror agrees that any information received by Offeror during any furtherance of the Offeror's obligations hereunder will be treated by the Offeror as confidential and will not be revealed to other persons, firms or organizations.

2.22. Contract. This Request for Proposal, submitted documents, and any negotiations, when properly accepted by the Owner, shall constitute a contract equally binding between the Owner and Offeror. The contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the Proposal documents. The contract may be amended or modified with Change Orders, Field Orders, or Amendment.

2.23. Project Manager/Administrator. The Project Manager, on behalf of the Owner, shall render decisions in a timely manner pertaining to the services proposed or performed by the Offeror. The Project Manager shall be responsible for approval and/or acceptance of any related performance of the Scope of Services.

2.24. Contract Termination. This contract shall remain in effect until any of the following occurs: (1) contract expires; (2) completion of services; (3) acceptance of services; (4) funds no longer are available; or, (5) for convenience terminated by either party with a written Notice of Cancellation stating therein the reasons for such cancellation and the effective date of cancellation at least thirty (30) calendar days past notification.

2.25. Employment Discrimination. During the performance of any services per agreement with the Owner, the Offeror, by submitting a Proposal, agrees to the following conditions:

1. The Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, citizenship status, marital status, veteran status, sexual orientation, national origin, or any legally protected status except when such condition is a legitimate occupational

RFP 2510-KY CSB Roof Repair Page 11 qualification reasonably necessary for the normal operations of the Offeror.

The Offeror agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Offeror, in all solicitations or advertisements for employees placed by or on behalf of the Offeror, shall state that such Offeror is an Equal Opportunity Employer.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2.26. Conflict of Interest. No Mesa County public official and/or Owner employee shall have interest in any contract resulting from this RFP.

2.27. Ethics. The Offeror shall not accept or offer gifts or anything of substantial value nor enter into any business arrangement with any employee, official, or agent of the Owner.

2.28. Failure to Deliver. In the event of failure of the Offeror to deliver services in accordance with the contract terms and conditions, the Owner, after due oral or written notice, may procure the services from other sources and hold the Offeror responsible for any costs resulting in additional purchase and administrative services. This remedy shall be in addition to any other remedies that the Owner may have.

2.29. Failure to Enforce. Failure by the Owner at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the Owner to enforce any provision at any time in accordance with its terms.

2.30. Force Majeure. The Offeror shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions, and acts of God beyond the control of the Offeror, unless otherwise specified in the contract.

2.31. Indemnification. Offeror shall, to the extent permitted by law, indemnify, save, and hold harmless the Owner, its agents, officials and employees, against all loss or damages, including penalties, charges, professional fees, interest, costs, expenses and liabilities of every kind and character arising out of, or relating to, any and all claims and causes of actions of every kind and character, in connection with, directly or indirectly, this Contract, whether or not it shall be alleged or determined that the harm was caused through or by the Offeror or the subcontractor, if any, or their respective employees and agents, or a party indemnified hereunder. Offeror further agrees that its obligations to the Owner under this paragraph include claims against the Owner by Offeror's employees whether or not such claim is covered by workers compensation. Offeror expressly understands and agrees that any insurance or bond protection required by this contract, or otherwise provided by contractor, shall in no way limit the responsibility

RFP 2510-KY CSB Roof Repair Page 12 to indemnify, keep and save harmless and defend the Owner as herein provided, and such obligation exists even if the claim is fraudulent or groundless. However, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., as amended.

2.32. Independent Contractor. The Offeror shall be legally considered an Independent Contractor and neither the Offeror nor its employees shall, under any circumstances, be considered servants or agents of the Owner. The Owner shall be at no time legally responsible for any negligence or other wrongdoing by the Offeror, its servants, or agents. As an independent contractor, Offeror shall be responsible for payment of all taxes including federal, state and local taxes arising out of the activities under this Contract, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or license fees required. Further, the Owner shall not provide to the Offeror any insurance coverage or other benefits, including Workers' Compensation, normally provided by the Owner for its employees.

2.33. Nonconforming Terms and Conditions. A proposal that includes terms and conditions that do not conform to the terms and conditions of this Request for Proposal is subject to rejection as non-responsive. The Owner reserves the right to permit the Offeror to withdraw nonconforming terms and conditions from its proposal prior to a determination by the Owner of non-responsiveness based on the submission of nonconforming terms and conditions.

2.34. Ownership. All plans, prints, designs, concepts, etc., shall become the property of the Owner.

2.35. Oral Statements. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this document and/or resulting agreement. All modifications to this request and any agreement must be made in writing by the Owner.

2.36. Patents/Copyrights. The Offeror agrees to protect the Owner from any claims involving infringements of patents and/or copyrights. In no event shall the Owner be liable to the Offeror for any/all suits arising on the grounds of patent(s)/copyright(s) infringement. Patent/copyright infringement shall null and void any agreement resulting from response to this RFP. Offeror assures that where activities supported by this Contract produce any discovery or invention, original computer programs, writing, sound recordings, pictorial reproductions, drawing or other graphical representation and works of any similar nature, the Owner has the right to use, duplicate and disclose, in whole or in part in any manner for any purpose whatsoever and authorize others to do so. If the material or invention is copyrightable, the Offeror may copyright such, but the Owner reserves royalty-free non-exclusive and irreversible license to practice, reproduce, publish and use such materials in whole or in part, and authorize others to do so.

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2.37. Venue. This Contract is and shall be deemed to be performable in the County of Mesa, Colorado, and venue for any dispute hereunder shall be in the District Court of the County of Mesa, Colorado. In the event of dispute concerning performance hereunder, the parties agree that the Court may enter judgment in favor of the substantially prevailing party for costs and reasonable attorney’s fees.

2.38. Expenses. Expenses incurred in preparation, submission and presentation of this

RFP are the responsibility of the company and cannot be charged to the Owner.

2.39. Sovereign Immunity. The Owner specifically reserves its right to sovereign immunity pursuant to Colorado State Law as a defense to any action arising in conjunction to this agreement.

2.40. Public Funds/Non-Appropriation of Funds. Funds for payment have been provided through the Owner’s budget approved by the Board of County Commissioners for the stated fiscal year only. State of Colorado statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the stated Owner’s fiscal year shall be subject to budget approval. Any contract will be subject to and must contain a governmental non-appropriation of funds clause.

2.41. Availability of Funds. Both parties agree that payments pursuant to this Contract are subject to and contingent upon the continuing availability of funds for the purposes herein. If such funds become unavailable, the Board of County Commissioners may terminate this Contract immediately without further liability.

2.42. Gratuities. The Offeror certifies and agrees that no gratuities or kickbacks were paid in connection with this contract, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this contract. If the Offeror breaches or violates this warranty, the Owner may, at their discretion, terminate this contract without liability to the Owner.

2.43. Performance of the Contract. The Owner reserves the right to enforce the performance of the contract in any manner prescribed by law or deemed to be in the best interest of the Owner in the event of breach or default of resulting contract award.

2.44. Benefit Claims. The Owner shall not provide to the Offeror any insurance coverage or other benefits, including Servicer’s Compensation, normally provided by the Owner for its employees.

2.45. Default. The Owner reserves the right to terminate the contract in the event the

Offeror fails to meet delivery or completion schedules, or otherwise perform in accordance with the accepted proposal. Breach of contract or default authorizes the Owner to purchase like services elsewhere and charge the full increase in cost to the defaulting Offeror.

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2.46. Cooperative Purchasing. Purchases as a result of this solicitation are primarily for the Owner. Other governmental entities may be extended the opportunity to utilize the resultant contract award with the agreement of the successful provider and the participating agencies. All participating entities will be required to abide by the specifications, terms, conditions and pricings established in this Proposal.

The quantities furnished in this proposal document are for only the Owner. It does not include quantities for any other jurisdiction. The Owner will be responsible only for the award for our jurisdiction. Other participating entities will place their own awards on their respective Purchase Orders through their purchasing office or use their purchasing card for purchase/payment as authorized or agreed upon between the provider and the individual entity. The Owner accepts no liability for payment of orders placed by other participating jurisdictions that choose to piggy-back on our solicitation. Orders placed by participating jurisdictions under the terms of this solicitation will indicate their specific delivery and invoicing instructions.

2.47. Term of Contract. The contract term shall be a firm fixed price. By submitting a response to this RFP, the Offeror agrees and understands that payments pursuant to this Contract are subject to and contingent upon the continuing availability of funds for the purposes herein. If such funds become unavailable, the Board may terminate all or part of this Contract without further liability.

2.48. Definitions:

1. “Offeror” refers to the person or persons legally authorized by the Consultant to make an offer and/or submit a response (fee) proposal in response to the Owner’s RFP.

2. The term “Services” includes all labor, materials, equipment, and/or services necessary to produce the requirements of the Contract Documents.

3. “Offeror” is the person, organization, offeror or consultant identified as such in the Agreement and is referred to throughout the Contract Documents. The term Offeror means the Offeror or his or her authorized representative. The Offeror shall carefully study and compare the General Contract Conditions of the Contract, Specification and Drawings, Scope of Services, Addenda and Modifications and shall at once report to the Owner any error, inconsistency or omission he may discover. Offeror shall not be liable to the Owner for any damage resulting from such errors, inconsistencies or omissions. The Offeror shall not commence services without clarifying Drawings, Specifications, or Interpretations.

4. “Sub-Offeror” is a person or organization who has a direct contract with the Offeror to perform any of the services at the site. The term sub-Offeror is referred to throughout the contract documents and means a sub-Offeror or his or her authorized representative.

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SECTION 3: INSURANCE AND BONDING REQUIREMENTS

3.1 Insurance Requirements. The selected Offeror agrees to procure and maintain, at its own cost, policy(s) of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Offeror pursuant to this Section.

Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The Offeror shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

Offeror shall procure and maintain and, if applicable, shall cause any SubOfferor of the Offeror to procure and maintain insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to The Owner. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Offeror pursuant to this Section. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Minimum coverage limits shall be as indicated below unless specified otherwise in the Special Conditions:

1. Workers Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of services under this Contract, and Employers' Liability insurance with minimum limits of:

ONE MILLION DOLLARS ($1,000,000) each accident, ONE MILLION DOLLARS ($1,000,000) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000) disease - each employee

2. General Liability insurance with minimum combined single limits of:

ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) per job aggregate.

The policy shall be applicable to all premises, products and completed operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground (XCU) hazards. The policy shall contain a severability of interests provision.

3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than:

ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate

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With respect to each of Consultant's owned, hired, or non-owned vehicles assigned to be used in performance of the Services. The policy shall contain a severability of interest’s provision.

4. This policy shall provide coverage to protect the Offeror against liability incurred as a result of the professional services performed as a result of responding to this Solicitation.

3.2 Additional Insured Endorsement. The policies required by paragraphs (2), and

(3) above shall be endorsed to include the Owner and the Owner’s officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the Owner, its officers, or its employees, or carried by or provided through any insurance pool of the Owner, shall be excess and not contributory insurance to that provided by Offeror. The Offeror shall be solely responsible for any deductible losses under any policy required above.

3.3 Depending on the nature and scope of the services to be provided under this

Contract, additional insurance requirements may be specified by County. Items listed below, which have been marked with an "X" are required of Contractor by County as a condition of this Contract.

X (if applicable)

_ ___ PROFESSIONAL LIABILITY INSURANCE with an endorsement for work under this Agreement, and coverage of no less than ONE MILLION ($1,000,000) per claim, and ONE MILLION ($1,000,000) aggregate.

____ EXCESS LIABILITY/UMBRELLA INSURANCE with a limit no less than

ONE MILLION ($1,000,000) per occurrence/ONE MILLION ($1,000,000) aggregate, and coverage at least as broad as the primary Commercial General Liability policy.

__ BUILDERS RISK INSURANCE must be in an amount equal to the aggregate total of the initial contract prices in the contracts, as well as any subsequent modifications. The policy must be in Completed Value Form, insuring the entire project for, at least Broad Form coverage including theft.

Such Insurance shall remain in effect until 12:00 noon on the day following the date of final acceptance of the entire project, whether or not the building or some part thereof is occupied in any manner prior to final acceptance of the project.

_X__ PERFORMANCE BONDS. Performance Bond in the amount of 100% of the project contract, if the project is over $100,000.00. Performance Bond must be provided within 7 calendars of contract award date.

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SECTION 4: SCOPE OF SERVICES/SPECIFICATIONS

4.1. Mesa County Government Overview

Mesa County was incorporated in 1883, is a statutory County, defined as a service arm of the State of Colorado and derives its elected official structure and its powers from the State through enabling legislation. The three-member Board of County Commissioners serves as the legislative, policy-making, and administrative body governing the unincorporated area of the County. The commissioners are elected at large from one of three geographical districts and serve staggered four-year terms and are term-limited to two consecutive terms.

Located in western Colorado, Mesa County is positioned in a river valley surrounded by four contrasting natural landmarks; the Colorado National Monument, the Uncompahgre Plateau, the Bookcliffs and the Grand Mesa National Forest. These natural wonders provide diverse and abundant year round recreational activities; including winter skiing, mountain biking, fishing, camping, and hiking. A mild climate combined with the confluence of the Gunnison and Colorado Rivers create a fertile agricultural region producing a wide variety of produce and fruit.

The County encompasses 3,309 square miles, with 72% of the County being publicly owned and primarily managed by the US Forest Service and Bureau of Land Management. The County seat, the City of Grand Junction, is the largest city in western Colorado and is approximately 250 miles west of Denver. Mesa County boundaries also include the municipalities of Fruita, Palisade, Collbran and Debeque. The Grand Junction area serves as a health care provider, cultural event center, banking and retail trade hub for the large geographical area of western Colorado and eastern Utah.

The County has an approximate population of 152,357 and expects to experience an average population growth of 1.8% resulting in an estimated population of 209,523 in 2034. Roughly 50% of the County’s 2016 population is between the ages of 25-64.

Detailed information in regards to Mesa County Government and its finances can be found in the Annual Budget Book, the Comprehensive Annual Financial Report and the County monthly performance reports. These reports, as well as other economic indicators, can be viewed at http://www.mesacounty.us/finance.

4.2. General/Background. Mesa County is interested in obtaining proposals using a

Truco Coating System OR equivalent over the top of the entire existing TPO. The existing roof is a 60 mil TPO system that is approximately 21 years old.

4.3. Scope of Services/Specifications. Offeror shall address and include all of the following and requested information with their proposal submittals:

4.3.1. Contractor shall obtain a roof permit prior to beginning any work.

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4.3.2. Contractor to adhere to all drawings and specifications found in Section 7 Attachments.

4.3.3. Provide temporary facilities while on site; Porta Potty, Dumpsters for debris.

4.3.4. Contractor shall power wash the entire existing rooftop membrane

4.3.5. Contractor shall apply two thin coats of Turco 7145 Eterna Seal OR equivalent to manufactures specifications via spray gun only. No rolling of material will be accepted. Contractor must wait 24 hours prior to applying the second coat allowing the product to dry and cure. Please supply submittal sheet on alternate products with your bid.

4.3.6. Contractor shall apply one final coat of Truco 7140 Just Super Coating OR equivalent to manufactures recommendation via spray application only.

4.3.7. All Truco OR equivalent application must be sprayed up the parapet walls as well as up and under all rooftop HVAC units.

4.3.8. Warranty: minimum of 10 year written labor and material warranty will be required.

4.3.9. Contractor shall provide a dumpster and is responsible for hauling off all materials and leaving job site clean upon completion.

4.3.10. Contractor is to provide a porta potty for employees.

4.3.11. Staging and parking will be discussed during the Pre-Proposal meeting.

4.3.12. Contractor to be licensed through the Mesa County Building Department

4.3.13. Contractor to provide submittals on all materials prior to start of work to the

Project Manager.

4.3.14. Check that all walk off matts are secured or spray under and reattach as necessary.

4.3.15. Clean up all debris for final inspection.

4.3.16. Working hours will be discussed at the mandatory pre-proposal meeting.

4.4. Construction Schedule

4.4.1. Contractor shall submit a work schedule with their proposal.

4.5. Special Conditions & Provisions. Warranty as noted in 4.3.8.

4.6. Questions Regarding Scope of Services and Sample Contract Language. All questions shall be submitted in writing and sent via email to:

Kathy Young, Facilities Operations Manager kathy.young@mesacounty.us

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SECTION 5: PROPOSAL CONTENT

Submission. Each bid shall be submitted in electronic format only, and only through the Rocky Mountain E-Purchasing System (RMEPS) website (http://www.bidnetdirect.com/colorado).

See Section 1 of this RFP for general proposal submittal instructions.

5.1. Cover Letter. Provide a cover letter which explains the Offeror’s interest in the project. Include the name/address/phone number/email of the person who will serve as the Offeror's principal contact person with Owner’s Contract Administrator and identifies individual(s) who will be authorized to make presentations on behalf of the Offeror. The cover letter is signed by the person having proper authority to make formal commitments on behalf of the Offeror. By submitting a response to this solicitation, and not noting any exceptions to the RFP requirements per Section 5.9 of the RFP, the Offeror agrees to all requirements herein.

5.2. Qualifications/Experience/Credentials. Provide qualifications for consideration as a contract provider to Mesa County and include prior experience in similar projects.

5.3. References. Provide references from at least three (3) customers for whom the Offeror provides services noted in this RFP. It may be beneficial to assign some individual services to specific references. These should be current customers with comparable services to those of the Owner. Select a mix of long-standing and new customers. Counties, cities or other governmental references are preferred.

References should include entity name, contact name and title, contact phone number, contact email address, length of time services noted in this RFP provided, and current service provided.

5.4. Strategy and Implementation Plan. Describe your (the Offeror’s) interpretation of the Owner’s objectives with regard to this RFP. Describe the proposed strategy and/or plan for achieving the objectives of this RFP. The Offeror may utilize a written narrative or any other printed technique to demonstrate their ability to satisfy the Scope of Services. The narrative should describe a logical progression of tasks and efforts starting with the initial steps or tasks to be accomplished and continuing until all proposed tasks are fully described and the RFP objectives are accomplished.

Include a time schedule for completion of your implementation plan and an estimate of time commitments from Owner staff.

5.5. Scope of Services Response. Submit a response to the scope of services/specifications noted in Section 4 of this RFP.

5.6. Pricing.

1. Pricing will be evaluated in terms of completeness and reasonableness in conjunction with the scope of services/specifications noted in this RFP.

2. Pricing fees paid by Owner are all inclusive.

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3. Provide options of how fees can be reduced, noting the advantages and disadvantages of each option.

4. Offerers may submit institution pricing sheets.

5. Optional pricing must be designated as such.

6. Pricing is in US dollars (USD).

7. Price is FOB Destination, freight prepaid as applicable, unless otherwise specified.

5.7. Financial Statements. Provide a link to or a copy of a financial statement for the prior fiscal year, consisting of a balance sheet, profit and loss statement, and such other financial statements as may be appropriate, which demonstrates that the Offeror possesses adequate financial ability and stability to enable the Offeror to fulfill their obligations under the terms of this RFP. These documents must depict the financial status of that entity, subsidiary, division, or subdivision thereof, which will actually provide services.

If the Offeror is a partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. Consolidated balance sheets and profit/loss statements depicting the financial status of a Parent Corporation or joint venture shall not be considered an acceptable response.

If the Offeror requests such financial information to be treated as confidential information, such information must be uploaded as a separate file onto the Rocky Mountain E-Purchasing System (RMEPS) website and clearly identified with the words “Confidential Disclosure”, which then such information shall be treated as confidential by the Owner and shall not be subject to public disclosure.

5.8. Additional Data (optional). Provide any additional information that will aid in evaluation of your qualifications with respect to this project.

5.9. Exceptions and Substitutions (optional). Identify clearly and thoroughly any variations between the Offeror’s proposal and the Owner’s RFP requirements. List any exceptions and substitutions in this Section, referencing the applicable RFP section(s).

Proposals meeting the minimum requirements and intent of this RFP are considered for award.