RFP WP Roof.pdf

RFP # GS-25-08-WPRR

REQUEST FOR PROPOSALS

Sealed proposals for furnishing the following to the City of Cortez, Colorado will be received by the General Services Director, City Service Center, 110 West Progress Circle, Cortez, Colorado 81321, until 3:00 P.M., on Friday, June 27, 2025, at which time proposals will be publicly opened and read.

Furnish and install a new roof with a 20-year NDL Manufacturer Warranty, over the existing Water Plant building at 27999 County Road N, Dolores, as per Plans and

Specifications. Scope of work to include removing the existing roof and installing new coverboard, tapered insulation (R-38 equivalent or better), 60 MIL TPO membrane and coping cap metal, new roof drains, new parapet caps, and new edge flashing, along with all manufacturers’ required sealants applicable accessories needed to perform the work.

Dispose of all removed materials.

A MANDATORY MEETING and project site visit will be held for all interested vendors on

Friday, June 13, 2025, at 10:30 AM and also on Tuesday, June 17, 2025, at 10:30 AM at the Water

Treatment Plant. Interested vendors can choose which meeting to attend.

Proposals shall be submitted in writing and signed by the bidder or its duly authorized agent.

Proposals shall be submitted in sealed envelopes and marked on the outside with “PROPOSAL: 2025

WATER PLANT ROOF REPLACEMENT PROJECT” and with the bidder’s name.

The City of Cortez reserves the right to waive any formality or any informality in the process of awarding a bid. The City of Cortez reserves the right to accept any proposal, in whole or in part, and to reject any or all proposals if it be deemed in the best interest of the City to do so.

ADVERTISED: 6/4; & 6/11/25

RFP# GS-25-08-WPRR

/DocumentCenter/View/1199/2025-Water-Plant-Roof-Replacement-Project

Phone: 970-565-7320 www.cortezco.gov

City of Cortez Service Center

110 West Progress Circle

Cortez, CO 81321 http://www.cityofcortez.com/

General Services Department

110 West Progress Circle

970.565.7320

REQUEST FOR PROPOSALS

# GS-25-08-WPRR:

2025 Water Plant Roof Replacement Project

REQUEST FOR PROPOSAL COVER SHEET & SIGNATURE PAGE

Advertised Date: May 28, 2025 RFP Number: GS-25-08-WPRR

Procurement Point of

Contact:

Casey Simpson csimpson@cortezco.gov

(970) 564-4055

Submit Sealed Proposals to:

110 W. Progress Circle Cortez, CO 81321

Proposal Submission

Deadline:

June 27, 2025 @ 3:00 PM

(Mountain Daylight Time)

2025 Water Plant Roof Replacement Project

Offerors are asked to fill out this page in its entirety and to sign and return with their Proposal. The

Proposal Cover Sheet & Signature Page must be signed by the Offeror or an officer of the Offeror legally authorized to bind the Offeror to the proposal. Electronic signatures are acceptable.

Legal Company Name (Offeror):

Authorized Signature:

Typed/Printed Name:

Title:

F.E.I.N.:

Company Address:

City:

State: Zip:

Contact for Clarifications

Title:

Email Address:

Phone Number:

By signing this Request for Proposal Cover Sheet & Signature Page, the authorized agent acknowledges acceptance of all terms and conditions of this solicitation.

PROPOSAL SUBMISSION: One (1) hard copy of the proposal is due by 3:00 PM on Friday, June 27, 2025, at the following address:

IMPORTANT: The submitted proposal must be titled with the RFP Number, RFP Title, and the Offeror’s name, such as below:

GS-25-08-WPRR – 2025 Water Plant Roof Replacement Project – Company Name

Offerors are urged to read the solicitation document thoroughly before submitting a proposal.

CONTENTS

SECTION 1.0 INTRODUCTIOn

1.1. GENERAL INFORMATION

1.2. BACKGROUND

1.3. OVERVIEW AND GOALS

1.4. ANTICIPATED CONTRACT TERM

SECTION 2.0 REQUIREMENTS AND SCOPE OF WORK

2.1. ACCESSIBILITY REQUIREMENTS

2.2. MANDATORY MINIMUM REQUIREMENTS

2.3. SCOPE OF WORK

SECTION 3.0 REQUESTED PROPOSAL FORMAT AND EVQALUATION METHODOLOGY

3.1. EVALUATION PROCESS

3.2. EVALUATION COMMITTEE

3.3. PROPOSAL EVALUATION CRITERIA

3.4. DEMONSTRATIONS AND DISCUSSIONS

3.5. SINGLE PROPOSAL

3.6. AWARD

APPENDIX A EVALUATION OF QUALIFICATIONS FORM

APPENDIX A1 QUALIFICATIONS AND PROPOSAL RANKING MATRIX

APPENDIX B SAMPLE CONSTRUCTION CONTRACT

APPENDIX C COST PROPOSAL FORM

APPENDIX D ROOF DIMENSIONS AND PICTURES

APPENDIX E PERFORMANCE BOND

APPENDIX F PAYMENT BOND

APPENDIX G LOCAL VENDOR PREFERENCE

SECTION 1.0 INTRODUCTION

1.1. GENERAL INFORMATION

The City of Cortez is issuing this Request for Proposals for the 2025 Water Plant Roof

Replacement Project.

1.2. BACKGROUND

The current media filter building roof at the Water Treatment Plant is flat and features internal drains; however, there is no system in place to channel water towards these drains. Water has accumulated on the roof for several years, resulting in the insulation becoming thoroughly saturated. Numerous holes exist in the membranes, and the membrane is also detaching from the concrete wall. Furthermore, several of the internal roof drains are broken and/or nonfunctional.

1.3. OVERVIEW AND GOALS

1.3.1. The primary goal is to completely eliminate current leaks and prevent future water damage, restore or improve the structural integrity of the roof, and provide a durable, long-lasting roofing solution.

1.4. ANTICIPATED CONTRACT TERM

1.4.1. Notice of Award is anticipated to be July 9, 2025, and the project term is to end 60

CALENDAR DAYS from the Notice to Proceed. Notice to Proceed to be provided once all documentation is provided, and once the Construction Contract is fully executed by both parties.

1.4.2. The City may extend the Contract beyond the anticipated term in accordance with the Colorado Procurement Code, and in the event that the City determines an extension is necessary.

1.4.3. The City may, within its sole discretion, choose not to exercise any option or extension term in the Contract for any reason. If the City chooses not to exercise any option or extension term, it may re-procure the goods and/or services in its sole discretion.

1.4.4. The schedule of events for the proposal process and an outline of the schedule for the balance of the project is as follows:

Advertisement 5/28/25; 6/4/25; & 6/11/25

MANDATORY WALKTHROUGH

Interested vendors are to meet on-site.

Friday, June 13, 2025 @ 10:30 AM

OR

Tuesday, June 17, 2025 @ 10:30 AM

Date Email Questions Due June 19, 2025 @ 3:00 PM

Date Email Answers issued June 23, 2025 @ 5:00 PM

Proposals Opened June 27, 2025, @ 3:00 PM

Notice of Award (projected) July 9, 2025

Contract Approval (projected) July 31, 2025

Notice to Proceed (projected) August 4, 2025

Project Completion 60 days from Notice to Proceed

The above schedule is tentative. Responding firms shall be notified of revisions in a timely manner by email. Respondents may elect to verify times and dates by email, but no earlier than 36 hours before the scheduled date and time.

SECTION 2.0 REQUIREMENTS AND SCOPE OF WORK

2.1. ACCESSIBILITY REQUIREMENTS

2.1.1. All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for

Individuals with a Disability, as established by the Office Of Information

Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all City of

Colorado technology standards related to technology accessibility and with Level

AA of the most current version of the Web Content Accessibility Guidelines

(WCAG), incorporated in the State of Colorado technology standards.

2.2. MANDATORY MINIMUM REQUIREMENTS

2.2.1. Notice is hereby given to all interested parties that all firms will be required to meet all requirements to be considered for this project. Interested proposers should be prepared to show evidence of the following to be considered as qualified, as a minimum:

2.2.1.1. Provide roofing specific general contracting services within the last three (3) years for at least two (2) projects in excess of $20,000 (hard costs), utilizing the expertise present in their most local office to the project location; and

2.2.1.2. Demonstrate specific general contracting experience in projects of similar scope and complexity; and

2.2.1.3. Indicate if the proposing firm has any issues or needed changes to the Sample Construction Contract included as Appendix B; and

2.2.1.4. Firm must be fully insured with General Liability Insurance, Comprehensive Automobile Liability Insurance, and Professional

Liability Insurance with minimum combined single limits of ONE

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

MILLION DOLLARS ($1,000,000) aggregate. Firm must be able to list the City as additionally insured.

2.3. SCOPE OF WORK

2.3.1. This Scope of Work describes the deliverables sought through this RFP and the scope of what the awarded Offeror will be expected to offer through the contract resulting from this RFP. The Scope of Work is intended to provide interested

Offeror’s with sufficient basic information to submit a proposal. It is not intended to limit a proposal’s content or exclude any relevant or essential data.

2.3.2. The scope of work, specifically for this request, includes the following: Provide a proposal that encompasses the necessary furnishment of personnel, equipment, and materials needed to fully remove and replace an existing roof atop the media filter building at the Water Treatment Plant at 27999 County Road N, Dolores, Colorado, with a new roof that includes a 20-year NDL Manufacturer Warranty.

The scope of work will also include installing new coverboard, tapered insulation to aid drainage (R-38 equivalent or better), 60 MIL TPO membrane and coping cap metal, new roof drains, new parapet caps, and new edge flashing, along with all manufactures’ required sealants and applicable accessories needed to perform the work. All removed materials must be disposed of properly in accordance with any relevant state or federal regulations.

SECTION 3.0 REQUESTED PROPOSAL FORMAT AND EVQALUATION

METHODOLOGY

3.1. EVALUATION PROCESS

A comprehensive, thorough, complete and impartial evaluation of each proposal received will be conducted in accordance with §24-103-203(7), C.R.S, which states, “The award shall be made to the responsible Offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration the price and evaluation factors set forth in the request for proposal.”

3.2. EVALUATION COMMITTEE

3.2.1. An Evaluation Committee will be established utilizing measures to ensure the integrity of the evaluation process. These measures include the following:

3.2.1.1. Selecting committee members who do not have a conflict of interest regarding this solicitation.

3.2.1.2. Facilitating the independent review of proposals.

3.2.1.3. Requiring the evaluation of the proposals to be based strictly on the content of the proposals.

3.2.1.4. Ensuring the fair and impartial treatment of all Offerors.

3.2.2. The objective of the Evaluation Committee is to conduct reviews of the proposals that have been submitted, to hold frank and detailed discussions among themselves, and to recommend an Offeror for award.

3.3. PROPOSAL EVALUATION CRITERIA

3.3.1. The City will evaluate proposals to determine if each Offeror meets all mandatory qualification requirements; provided, however, that the City has the authority to waive non-material mandatory requirements in certain circumstances. Reference

Procurement Rule R-24-103-301-03. The mandatory qualification requirements are scored on a Met/Not Met basis and only those proposals found to meet all mandatory requirements, other than non-material mandatory requirements waived by the City, can be considered for a Contract resulting from this solicitation.

3.3.2. Proposals will be evaluated by the Evaluation Committee using the evaluation criteria listed below. The evaluators will consider whether the Scope of Work requirements in the solicitation have been addressed, and they will review the capabilities of the Offeror, as well as the quality of the approach proposed, the price, and any other aspect determined relevant to the evaluation criteria.

3.3.3. The evaluation criteria to be used in evaluating the proposals are as follows and are attached in Appendices A and A1 (and are listed in no particular order):

3.3.3.1. TECHNICAL APPROACH TO THE PROJECT

3.3.3.1.1. Provide a strategic project approach summary discussing how your firm will provide successful Construction Contracting

Services for this project. Include specific examples (1–2-page excerpts) of actual products (estimates, progress reports, schedules, constructability reviews, value engineering studies, forms, etc.).

3.3.3.1.2. Provide a detailed description of how your firm will select qualified sub-contractors and manage them effectively on this project.

3.3.3.2. EXPERIENCE, PAST PERFORMANCE, AND EXPERTISE

3.3.3.2.1. Provide a description of successful prior construction contracts, including performance in the areas of cost, quality control, schedule, compliance with plans and specifications and adherence to applicable laws and regulations as performed by your firm and by your subcontractors.

3.3.3.3. PROJECT MANAGEMENT PLAN

3.3.3.3.1. Provide a description of the composition and management structure of your firm. Identify the firm’s roles and responsibilities and relevant technical expertise and experience of the key management personnel that will be used on this project. Provide a description and separate graphic organizational chart complete with working titles identifying the lines of authority, responsibility and coordination between your firm and your subcontractors and,

3.3.3.3.2. Describe the proposed project schedule, quality control program, financial resources, equipment to be used on this project and its current location, and any other information or resources that demonstrates your firm’s competency to perform this work

3.3.3.4. STAFFING PLAN

3.3.3.4.1. Provide a detailed staffing plan of key management personnel to be assigned to this project from your firm and your subcontractors and identify the time commitments and all current office locations.

3.3.3.5. SAFETY PLAN AND SAFETY RECORD

3.3.3.5.1. Describe your firm’s safety program and provide your firms’ safety record over the last ten years.

3.3.3.6. JOB STANDARDS

3.3.3.6.1. Demonstrate on past projects examples how a high quality of workmanship was achieved and industry standards of care were achieved and,

3.3.3.6.2. Describe the firm’s method of personnel procurement, employment of Colorado workers, work force development and long-term career opportunities of workers and,

3.3.3.6.3. Describe the firm’s availability of training programs, including apprenticeships approved by the United States Department of

Labor and,

3.3.3.6.4. Describe the benefits provided to workers, including healthcare and defined benefit or defined contribution retirement benefits, and whether the firm pays industry-standard wages.

3.3.3.7. LOCAL PRECENSE

3.3.3.7.1. Describe what Services under the contract or any Subcontract will be performed by a Cortez owned Business, Montezuma County

Owned Business, or Regionally owned Business.

3.4. DEMONSTRATIONS AND DISCUSSIONS

The Evaluation Committee may, if it deems necessary, request clarifications, conduct discussions or oral presentations, or request best and final offers. Per R-24-103-203-03, discussions may be held with responsible offerors whose proposals are determined to be reasonably susceptible to be selected for award to:

a) Promote understanding of the City’s requirements and the offerors’ proposals; and

b) Facilitate a contract that will be most advantageous to the City taking into consideration price and the other evaluation factors set forth in the request for proposals.

The Evaluation Committee may adjust its scoring based on the results of such activities.

However, proposals may be reviewed and determinations made without such activities.

Offerors should be aware that the opportunity for further explanation might not exist;

therefore, Offerors should ensure that their submission is complete, and are encouraged to submit their best possible proposal, including pricing.

3.5. SINGLE PROPOSAL

If only one proposal is received in response to a solicitation, an award may be made to the single offeror or offeror if the procurement official finds that the price submitted is fair and reasonable and that other prospective offerors or offerors had reasonable opportunity to respond. Reference Procurement Rule R- 24-103-201-02(d).

3.6. AWARD

3.6.1. A Notice of Intent to Award will be published on Colorado VSS.

3.6.2. The award determination is ultimately a business decision that will reflect an integrated assessment of the relative merits of the proposals received, using the factors set forth in Section 5.3.3. The City intends to award Contract(s) to the

Offeror(s) whose proposal(s), conforming to the solicitation, will be most advantageous to the City, price and other factors considered.

3.6.3. The City reserves the right to award to multiple offerors if is determined to be in the best interest of the City.

APPENDIX A EVALUATION OF QUALIFICATIONS FORM

Name of Firm: _______________________________________________________________

Name of Project: 2025 City of Cortez Water Plant Roof Replacement Project

Evaluator No_____________________________________ Date: ___________________

MINIMUM REQUIREMENTS MET (SECTION 1.8) Y ____ N ____

If the minimum requirements (including letter from surety) have not been met, specify the reason(s):

SCORE WEIGHT1 X RATING2 = SCORE

1. TECHNICAL APPROACH TO PROJECT

◻ PROVIDE A STRATEGIC PROJECT APPROACH SUMMARY DISCUSSING HOW YOUR FIRM WILL

PROVIDE SUCCESSFUL CONSTRUCTION CONTRACTING SERVICES FOR THIS PROJECT. INCLUDE

SPECIFIC EXAMPLES (1-2 PAGE EXCERPTS) OF ACTUAL PRODUCTS (ESTIMATES, PROGRESS

REPORTS, SCHEDULES, CONSTRUCTABILITY REVIEWS, VALUE ENGINEERING STUDIES, FORMS,

ETC.).

X

◻ PROVIDE A DETAILED DESCRIPTION OF HOW YOUR FIRM WILL SELECT QUALIFIED SUB-

CONTRACTORS AND MANAGE THEM EFFECTIVELY ON THIS PROJECT.

2. EXPERIENCE, PAST PERFORMANCE AND EXPERTISE

◻ PROVIDE A DESCRIPTION OF SUCCESSFUL PRIOR CONSTRUCTION CONTRACTS, INCLUDING

PERFORMANCE IN THE AREAS OF COST, QUALITY CONTROL, SCHEDULE, COMPLIANCE WITH

PLANS AND SPECIFICATIONS AND ADHERENCE TO APPLICABLE LAWS AND REGULATIONS AS

PERFORMED BY YOUR FIRM AND BY YOUR SUBCONTRACTORS.

3. PROJECT MANAGEMENT APPROACH

◻ PROVIDE A DESCRIPTION OF THE COMPOSITION AND MANAGEMENT STRUCTURE OF YOUR FIRM.

IDENTIFY THE FIRM’S ROLES AND RESPONSIBILITIES AND RELEVANT TECHNICAL EXPERTISE AND

EXPERIENCE OF THE KEY MANAGEMENT PERSONNEL THAT WILL BE USED ON THIS PROJECT.

PROVIDE A DESCRIPTION AND SEPARATE GRAPHIC ORGANIZATIONAL CHART COMPLETE WITH

WORKING TITLES IDENTIFYING THE LINES OF AUTHORITY, RESPONSIBILITY AND COORDINATION

BETWEEN YOUR FIRM AND YOUR SUBCONTRACTORS AND,

◻ DESCRIBE THE PROPOSED PROJECT SCHEDULE, QUALITY CONTROL PROGRAM, FINANCIAL

RESOURCES, EQUIPMENT TO BE USED ON THIS PROJECT AND ITS CURRENT LOCATION, AND ANY

OTHER INFORMATION OR RESOURCES THAT DEMONSTRATES YOUR FIRM’S COMPETENCY TO

PERFORM THIS WORK

4. STAFFING PLAN

◻ PROVIDE A DETAILED STAFFING PLAN OF KEY MANAGEMENT PERSONNEL TO BE ASSIGNED TO

THIS PROJECT FROM YOUR FIRM AND YOUR SUBCONTRACTORS AND IDENTIFY THE TIME

COMMITMENTS AND ALL CURRENT OFFICE LOCATIONS.

5. SAFETY PLAN AND SAFETY RECORD

◻ DESCRIBE YOUR FIRM’S SAFETY PROGRAM AND PROVIDE YOUR FIRMS’ SAFETY RECORD OVER

THE LAST TEN YEARS.

6. JOB STANDARDS

◻ DEMONSTRATE ON PAST PROJECTS EXAMPLES HOW A HIGH QUALITY OF WORKMANSHIP WAS

ACHIEVED, AND INDUSTRY STANDARDS OF CARE WERE ACHIEVED AND,

◻ DESCRIBE THE FIRM’S METHOD OF PERSONNEL PROCUREMENT, EMPLOYMENT OF COLORADO

WORKERS, WORK FORCE DEVELOPMENT AND LONG-TERM CAREER OPPORTUNITIES OF

WORKERS AND,

◻ DESCRIBE THE FIRM’S AVAILABILITY OF TRAINING PROGRAMS, INCLUDING APPRENTICESHIPS

APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR AND,

◻ DESCRIBE THE BENEFITS PROVIDED TO WORKERS, INCLUDING HEALTHCARE AND DEFINED

BENEFIT OR DEFINED CONTRIBUTION RETIREMENT BENEFITS, AND WHETHER THE FIRM PAYS

INDUSTRY-STANDARD WAGES.

7. AVAILABILITY AND USE OF DOMESTICALLY PRODUCED GOODS

◻ DESCRIBE HOW YOUR FIRM INTENDS TO USE DOMESTICALLY PRODUCED IRON, STEEL, AND

RELATED MANUFACTURED GOODS IN THIS PROJECT.

8. LOCAL PRESENCE

◻ DESCRIBE WHAT SERVICES UNDER THE CONTRACT OR ANY SUBCONTRACT WILL BE PERFORMED

BY A CORTEZ OWNED BUSINESS, MONTEZUMA COUNTY OWNED BUSINESS, OR REGIONALLY

OWNED BUSINESS

TOTAL SCORE:

NOTES:

1. WEIGHTS ARE TO BE ASSIGNED PRIOR TO EVALUATION AND ARE TO BE CONSISTENT ON ALL EVALUATION FORMS. USE ONLY WHOLE NUMBERS.

2. RATING: 0 = NOT PROVIDED 1 = UNACCEPTABLE 2 = POOR 3 = FAIR 4 = GOOD 5 = EXCELLENT

3. TOTAL SCORE INCLUDES THE SUM TOTAL OF ALL CRITERIA. NOTE: A PASSING SCORE (AS A PERCENTAGE OF THE TOTAL POINTS AVAILABLE) IS TO BE

ESTABLISHED PRIOR TO EVALUATION.

APPENDIX A1 QUALIFICATIONS AND PROPOSAL RANKING MATRIX

CITY OF CORTEZ 2025 WATER PLANT ROOF REPLACEMENT PROJECT

QUALIFICATIONS 40% / PROPOSAL COST 60%

FIRM QUALS

SCORE3

COST

SCORE4

QUALS

& BID

SCORE5

RANK6 NOTES

NOTES:

1. INSERT TOTAL SCORE FROM EACH EVALUATOR'S SUBMITTAL REVIEW.

2. ADD ALL EVALUATORS’ TOTAL SCORES AND DIVIDE BY THE NUMBER OF EVALUATORS TO DETERMINE THE

AVERAGE SCORE FOR EACH FIRM’S QUALIFICATIONS.

3. THE MAXIMUM SCORE FOR QUALIFICATIONS ON THE EVALUATION FORM IS EQUIVALENT TO 40 POINTS AND

IS EQUIVALENT TO THE MAXIMUM POINTS AVAILABLE FOR QUALIFICATIONS. THEREFORE, EACH FIRM’S

SCORE IS DETERMINED AS A PERCENTAGE OF THE MAXIMUM POINTS AVAILABLE. TO SCORE EACH

AVERAGE QUALIFICATION SCORE, USE THE EXAMPLE FORMULA.

ASSUME THE HIGHEST SCORE IS 600.

SCORING OF QUALIFICATIONS

FIRM B: 600 X 40 POINTS = 40 POINTS

FIRM C: 500 X 40 POINTS = 33.33 POINTS

FIRM A: 400 X40 POINTS = 26.66 POINTS

4. DETERMINE SCORE FOR EACH FIRM’S SEALED BID WITH THE LOWEST FEE BEING EQUIVALENT TO A

MAXIMUM SCORE OF 60 POINTS. TO SCORE EACH BID, USE THE EXAMPLE FORMULA.

ASSUME THE LOWEST BID WAS $100,000.

SCORING OF BIDS

FIRM A: $100,000 X 60 POINTS = 60 POINTS

$100,000

FIRM B: $100,000 X 60 POINTS = 48 POINTS

$125,000

FIRM C: $100,000 X 60 POINTS = 39.99 POINTS

$150,000

5. ADD THE AVERAGE QUALIFICATION SCORE TO THE BID SCORE TO DETERMINE CUMULATIVE QUALIFICATIONS

AND FEE SCORE.

6. NUMERICALLY RANK ALL FIRMS WITH THE HIGHEST SCORING FIRM BEING THE MOST QUALIFIED AND

ADVANTAGEOUS TO THE CITY.

APPENDIX B SAMPLE CONSTRUCTION CONTRACT

CONSTRUCTION AGREEMENT

THIS AGREEMENT (this “Agreement”), entered into effective the _____ day of -

____________, 2025 (the “Effective Date”), by and between THE CITY OF CORTEZ, COLORADO, a

Colorado home-rule municipality, hereinafter referred to as the “City,” and

______________________________________________________________________________, a

______________________ corporation insert the correct type of entity – limited liability company, corporation, etc., and state of registration, hereinafter referred to as the “Contractor.” The City and the

Contractor may be referred to herein individually as a “Party,” and collectively as the “Parties.”

WITNESSETH:

In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the Parties as follows:

1. Contract Documents. The Contract Documents consist of this Agreement, the conditions of the

Contract (General, Supplementary, and Other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all modifications issued after execution of this Agreement. The foregoing documents form the Contract, and all are fully a part of the Contract as if attached to this Agreement.

2. Scope of the Work. The Contractor shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications for the project titled: 2025 Water Plant Roof

Replacement Project (the “Project”). Work performed shall be of high quality, in compliance with general accepted standards of workmanship, and in conformity with the Contract Documents.

3. Time of Substantial Completion. The Contractor will commence the work required by the Contract

Documents on the day indicated in the Notice to Proceed. The work to be performed pursuant to this

Agreement shall be substantially completed, as that term is defined in the General Conditions, within Sixty

(60) calendar days of the Contractor having received Notice to Proceed. Any extensions of the time limit set forth above must be agreed upon in writing by the Parties.

4. Liquidated Damages. It is specifically recognized by and between the Parties that the City will suffer certain unspecified damages in the event the Project is not completed within the time set forth above.

In recognition of the difficulty of ascertaining the actual damages to be sustained by the City, the Parties agree that the assessment of liquidated damages shall be appropriate. In the event the Project is not completed within the specified time, there shall be assessed against the Contractor, and the Contractor hereby authorizes the City to retain from any moneys due the Contractor, the sum of $300.00 per day for each and every calendar day the Project remains unfinished.

5. Contract Sum. The City certifies that funds have been appropriated and will pay to the Contractor such amounts in the manner and at such time as set forth by the Contract Documents. The City shall pay the Contractor for the performance of the Contract, subject to additions and deletions provided therein, the sum of ______________________________________________ ($__________________). Such sum shall be apportioned to each individual work item of the Contract. The total amount of the individual work items shall equal the total Contract amount. If the Time of Substantial Completion extends into more than one City budget year and the City has not appropriated the entire Contract Sum in the current budget year, the Contract becomes a multi-year financial obligation of the City and the City’s obligation to pay any amount of the Contract Sum beyond what has been appropriated in the current budget year is contingent upon the availability of funds appropriated by the City Council for each fiscal year budget during the term of the Contract. State of Colorado laws prohibit the City from entering into contracts that contain a multi-year financial obligation without a non-appropriation clause, so any financial obligations in the Contract that extend beyond the end of the City's current fiscal year budget shall be subject to an annual budget appropriation for all funds to be expended during the then current fiscal year. Absent the necessary appropriation, the City may terminate the Contract immediately and shall only be obligated to pay the

Contractor for work rendered to the date of termination.

6. Progress Payments. The City will make progress payments for the work included in the Contract based upon the percentage completion of the unit quantities actually installed for each work item of the

Contract. The Contractor shall prepare an itemized statement indicating by unit quantities the amount of each item completed for that period. The Project Manager will review the progress payment request to verify the quantities indicated. The City shall retain at least FIVE percent (5%) of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents.

7. Final Payment. Final payment shall be paid by the City to the Contractor forty-five (45) days after substantial completion of the work unless otherwise stipulated in the Notice of Substantial Completion, the date fixed for final settlement as legally published, provided the work has then been completed, the

Contract fully performed, and a final certificate of payment has been issued by the Engineer.

8. Capital Project Management System. The services to be performed by the Contractor pursuant to this Agreement will be administered under the Capital Project Management System of the City. In order to ensure that the Project is consistent with its authorized scope, budget, and schedule, it will be necessary for the Contractor to submit certain reports to the City. The following reports are required:

A) Schedule of Work. The Contractor shall provide a schedule for the completion of all unit work items covered by the Contract. The schedule shall indicate the anticipated percentage completion of each unit work item for each month for the duration of the work. The initial schedule must be submitted to the City prior to processing of the first payment request. The schedule will be updated monthly thereafter and submitted with succeeding payment requests, which requests will not be processed in the absence of the updated schedules or work.

B) Estimated Schedule of Payments. The Contractor shall provide an estimated schedule of monthly payments as a percentage of the total contract sum for each month throughout the term of the Contract. The estimated schedule of payments shall be submitted to the City before the first payment request will be processed.

C) Personnel Manpower List. The Contractor shall submit a listing of personnel required to complete each unit work item of the Contract. The personnel manpower list shall include position title, duties, and duration necessary on the job to complete the unit work items as specified in the

Contract Documents. The manpower list shall be submitted to the City before the first payment request will be processed.

D) Cost Breakdown. The Contract sum shall be allocated among the various unit work items.

For contracts which are bid on a unit price basis, said allocation is reflected in the bid documents.

For contracts which are bid on a lump sum basis, the Contractor shall allocate the contract sum to the various unit work items. The total cost of the unit work items shall equal the contract sum and the cost allocation shall be submitted to the City before the first payment request will be processed.

The failure to file any report required by this Agreement shall automatically suspend the processing of all payment requests.

9. City Representative and Engineer. The City hereby designates

_____________________________, City __________________, as its project representative

(____________________________), and authorizes this individual to make all necessary and proper decisions with reference to the Project. All Contract interpretations, Change Orders, and other requests for clarification or instruction shall be directed to the City representative, who shall be authorized to bind the

City with respect to any decision made in accordance with the Capital Project Management Control System.

10. Change Orders. The City may order changes within the scope of the work without invalidating this

Agreement. If such changes alter the amount due under the Contract Documents, or in the time required for the performance of the work, such alteration shall be approved by both Parties in writing on the Change

Order. A Change Order that alters the scope of the work, but not the amount due or the time required, shall be approved by both Parties in writing. Such Change Orders shall be processed in accordance with the procedures specified in the City Capital Project Management System and in accordance with the City purchasing ordinance. The Contractor shall not proceed with any work covered by a proposed Change

Order until they receive a properly executed Change Order form.

11. Governing Law, Jurisdiction and Dispute Resolution. This Agreement shall be governed by the laws of the State of Colorado, the Charter of the City of Cortez, and the Codes and Regulations of the City of

Cortez. The Parties agree that jurisdiction and venue for any legal action arising from or out of the Contract shall be in the 22nd Judicial District, Montezuma County, Colorado, District Court, and that no mandatory arbitration or trial to a jury shall be allowed.

12. Termination/Default.

A) Termination. This Agreement may be terminated by either Party upon ten (10) days written notice should the other Party materially fail to perform in accordance with its terms, through no fault of the Party instituting the termination. This Agreement may be terminated by the City upon at least ten (10) days written notice to the Contractor in the event the Project is permanently abandoned by the City. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to termination date, together with reasonable expenses then due.

B) Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. Time is of the essence. In the event either Party should fail or refuse to perform according to the terms of this Agreement, they may be declared in default hereof.

A Notice of Default shall be in writing and signed by the Party declaring the Contract to be in default. This letter shall include the special portion or portions of the Contract which are in default.

C) Remedies Upon Default. In the event a Party has been declared in default hereof, such defaulting Party shall be allowed a period of five (5) days within which to rectify said default. In the event the default remains uncorrected, the non-defaulting Party may elect to (1) terminate the

Agreement and seek damages; (2) treat the Agreement as continuing and require specific performance; or (3) avail themselves of any other remedy at law or equity. If the Contractor defaults or neglects to carry out the work in accordance with this Agreement, the City may elect to make good such deficiencies and charge the Contractor therefore. In the event of any of the agreements herein by either Party which shall require the Party not in default to commence 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 fault.

13. Assignment. It is understood that the City enters into this Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for personal services.

Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City.

In WITNESS WHEREOF, the Parties have executed or caused to be executed by their duly-authorized officials this Agreement effective as of the Effective Date written above.

THE CITY OF CORTEZ, COLORADO:

ATTEST:

By: Drew C. Sanders By: Linda L. Smith

Title: City Manager Title: City Clerk

CONTRACTOR: _________________________________________________

Authorized Representative Signature

By:

Title: ____________________________

APPENDIX C COST PROPOSAL FORM

General Services Department

COST PROPOSAL FORM

Project No./Name: 2025 Water Plant Roof Replacement Project

Offeror’s Name:

Offeror’s Address:

Offeror Acknowledges Receipt of Addenda Numbers:

Offeror Anticipates Services outside the United States or Colorado.* No ☐ Yes ☐ If Yes see 3A below

Offeror will comply with 80% Colorado Labor on project above $500,000: Yes☐ No ☐ If No see 3B below

Offeror is a Service-Disabled Veteran Owned Small Business:* No ☐ Yes ☐ If Yes see 3C below

Total Proposed Cost to Fulfill Section 3.3, Scope of Work

Offeror’s Time of Completion

a. Time Period from Notice to Proceed to Substantial Completion:

b. Time Period from Substantial Completion to Final Acceptance:

c. Total Time of Completion of Entire Project (a + b):

1. TOTAL COST: Pursuant to the advertisement by the City of Cortez dated May 28, 2025, the undersigned offeror hereby proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Request for Proposals, including the Drawings and Specifications, for the work and for the proposed cost indicated above. Offerors should include all taxes that are applicable.

2. EXAMINATION OF DOCUMENTS AND SITE: The offeror has carefully examined the Request for Proposals, including any Drawings and Specifications, and has examined the site of the Work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN PROPOSAL: The offeror hereby certifies that the only persons or parties interested in this proposal are those named herein, and that no other offeror or prospective offeror has given any information concerning this proposal.

A. If the offeror anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, the offeror shall provide in a written statement which must include, but need not be limited to the type of services that will be performed at a location outside the United States or Colorado and the reason why it is necessary or advantageous to go outside the United States or Colorado to perform such services. (Does not apply to any project that receives federal moneys) * B. For State Public Works projects per C.R.S. 8-17-101, Colorado labor shall be employed to perform at least 80% of the work. Colorado Labor means any person who is a resident of the state of Colorado at the time of the Public Works project. Offerors indicating that their bid proposal will not comply with the

80% Colorado Labor requirement are required to submit written justification along with the bid submission. (Does not apply to any project that receives federal moneys) * C. A Service-Disabled Veteran Owned Small Business (SDVOSB) per C.R.S. 24-103-211, means a business that is incorporated or organized in Colorado or maintains a place of business or has an office in Colorado and is officially registered and verified by the Center for Veteran Enterprise within the U.S.

Department of Veteran Affairs. Attach proof of certification along with the bid submission. * D. Projects estimated to be $1 million or more that do not receive federal funds are required to comply with the State Apprenticeship Utilization requirements C.R.S. 24-92-115 E. Projects estimated to be $500,000 or more that do not receive federal funds are required to comply with the State Prevailing Wage requirements C.R.S. 24-92-201 through 210.

4. PROPOSAL GUARANTEE: This proposal is accompanied by the required Proposal Guarantee.

Offerors shall provide a brief statement affirming that the proposal terms shall remain in effect for sixty

(60) days following the date proposal submittals are due. Offerors are authorized to hold said Proposal Guarantee for a period of not more than sixty (60) days after the opening of the proposals for the work above indicated, unless the undersigned offeror is awarded the Contract, within said period, in which event the City may retain said Proposal Guarantee, until the undersigned offeror has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, and Insurance Policy.

5. TIME OF COMPLETION: The offeror agrees to achieve Substantial Completion of the Project from the date of the Notice to Proceed within the number of calendar days entered above, and in addition, further agrees that the period between Substantial Completion and Final Acceptance of the Project will not exceed the number of calendar days noted above. If awarded the Work, the offeror agrees to begin performance within ten (10) days from the date of the Notice to Proceed subject to Article 46, Time of Completion and Liquidated Damages of the General Conditions of the Contract, and agrees to prosecute the Work with due diligence to completion. The offeror represents that Article 7D of the Contractor’s Agreement (SC-6.21) has been reviewed to determine the type and amount of any liquidated damages that may be specified for this contract.

6. EXECUTION OF DOCUMENTS: The offeror understands that if this proposal is accepted, offeror must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance within ten (10) days from the date of the Notice of Award, and that the offeror will be required to sign to acknowledge and accept the Contract Documents, including the contents of the Request for Proposals.

7. SUBMIT WAGE RAGES (direct labor costs) for prime contractor and subcontractor as requested by the institution/agency in the solicitation documents.

8. The right is reserved to waive informalities and to reject any and all Proposals.

SIGNATURES: If the Proposal is being submitted by a Corporation, the Proposal shall be signed by an officer, i.e., President or Vice-President. If a sole proprietorship or a partnership is submitting the Proposal, the Proposal shall so indicate and be properly signed.

Dated this Day of , 20

THE OFFEROR:

Company Name Address (including city, state and zip)

Name (Print) and Title Signature

APPENDIX D ROOF DIMENSIONS AND PICTURES

Pictures showing roof membrane pulling away from concrete wall.

Picture of broken roof drain. Hole in one of the penetrations - obvious leak.

Hole in the membrane – obvious leak. Moisture coming from under membrane.

Picture of core sample - insulation completely saturated with water.

APPENDIX E PERFORMANCE BOND

STATE OF COLORADO

COUNTY OF MONTEZUMA

KNOW ALL MEN BY THESE PRESENTS, that ______________________, hereinafter called the Principal, and _____________________, a corporation duly organized under the laws of the State of Colorado, AND AUTHORIZED TO TRANSACT BUSINESS WITHIN THE STATE OF COLORADO, hereinafter called the Surety, are held and firmly bound unto the City of Cortez, hereinafter called the Owner, and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the improvements hereinafter referred to in the sum of ________________________________________________ Dollars, ($____________) in lawful money of the United States, to be paid to the order of the Owner, for payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Agreement with the Owner, dated the _______ day of ______________, 20____, A.D., a copy of which is hereto attached and made a part hereof for the performance of:

NOW THEREFORE, if the Principal shall will, truly and faithfully perform and fulfill all the duties, obligations, undertakings, covenants, terms, conditions, and agreements of this contract, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any warranty required under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason or failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, including cost for additional legal fees or engineering services, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials, equipment and cost of rentals for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, then this obligation shall be void; otherwise, as to remain in full force and effect.

PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in the 22nd Judicial District, District Court, Montezuma County, State of Colorado. The Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of such change, extension of time, or alteration of the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ________________________ counterparts, each one of which shall be deemed an original, this the __________ day of __________, 20____, A.D.

PRINCIPAL_________________________________________________ (seal)

By ___________________________ Attest _______________________

Title__________________________ Title _________________________

SURETY____________________________________________________ (seal)

By___________________________ Attest _______________________

Title_________________________ Title_________________________

APPENDIX F PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, THAT , as Principal, and ____________________________________, a corporation organized and existing under and by virtue of the laws of the State of Colorado, AND AUTHORIZED TO TRANSACT BUSINESS WITHIN THE STATE OF COLORADO, as Surety, are held and firmly bound unto the City of Cortez, hereinafter called the Owner, in the penal sum of _______________________________________ DOLLARS, lawful money of the United States, for the payment of which, will and truly to be made, the said Principal and the said Surety, bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, as follows:

The condition of the above obligation is such that:

WHEREAS, the above bounded principal has heretofore on the ____ day of ________________, 2025, entered into a written contract, a copy of which is by reference made a part hereof, with the City of Cortez for the construction of the said work of construction to be done according to the requirements of said Contract.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void;

otherwise to remain in full force and effect.

PROVIDED FURTHER, that if any legal action be filed upon this BOND, venue shall lie in Montezuma County, State of Colorado. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way effect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to terms of the Contract or to the WORK or to the SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ___________________ counterparts, each one of which shall be deemed an original, this ______________ day of ______________, 20___.

Principal (Contractor)

ATTEST/WITNESS:

Surety

By _____________________________ By _____________________________ (SEAL) (Its Attorney-In-Fact)

APPROVED:

Owner By _______________________________

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute Bond.

APPENDIX G LOCAL VENDOR PREFERENCE

Adopted by Cortez City Council Resolution No. 14, Series 2021

The City of Cortez supports the procurement of goods and services locally.

The Cortez City Council adopted the “Local Vendor Preference” for the procurement of goods and services on June 8, 2021, as stated below:

• Business located within the City Limits = 2.5% Vendor Preference

• Business located in Montezuma County not in City Limits = 2.0% Vendor Preference

• Total amount of preference is not to exceed $25,000.

• In-City and County-preference cannot be combined.

“Local Vendor” is determined by:

• An established business located within the City of Cortez City limits shall be eligible for the 2.5% preference.

• An established business located within the boundaries of Montezuma County shall be eligible for the 2.0% preference.

• A business outside the City Limits or County boundaries with a sales representative who works out of his home within the City or County limits does not qualify for preference.

• Goods and services procured with the aid of grant funding and/or Federal or State of

Colorado funds.

The City local vendor preference shall defer to the procurement rules of the grant or funding entity.