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HomeMy WebLinkAboutBID - 9775 ASPHALT SUPPLY 2023BID 9775 Asphalt Supply 2023 Page 1 of 20 INVITATION TO BID 9775 ASPHALT SUPPLY 2023 BID OPENING: 3:00 PM Mountain Time (MT) (our clock), March 21, 2023 The City of Fort Collins is requesting bids from qualified Vendors to provide the City of Fort Collins with Hot Mix Asphalt (HMA) and Warm Mix Asphalt (WMA) to be picked up by the City or representatives at the Vendor's asphalt plant. As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Public Bid Opening: Bid opening will be conducted shortly after 3:00 PM MT on March 21, 2023. Due to the COVID-19 pandemic, Bid openings will be conducted by videoconference. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the public Bid opening, please follow the link: Click here to join the meeting https://teams.microsoft.com/l/meetup- join/19%3ameeting_MDUwM2E3YzUtZDM2NS00Y2I3LTgyMDctMmUxMjZiMWUyODdi %40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f-0d0a-4a68-b431- 6d1a27b66660%22%2c%22Oid%22%3a%2237299b31-8a43-4b66-8642- b5358a21cda9%22%7d Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation. Call-in number: 1-970-628-0892 Conference ID: 458 447 987# Any questions should be submitted via email, to Adam Hill, Senior Buyer at adhill@fcgov.com, with a copy to Phil Martinez, Project Manager at Pmartinez@fcgov.com, no later than 3:00 PM MT (our clock) on March 10, 2023. Please format your e-mail to include: Bid 9775 Asphalt Supply 2023 in the subject line. Questions received after this deadline may not Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 9775 Asphalt Supply 2023 Page 2 of 20 be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: Any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing Restrictions: Your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. BID 9775 Asphalt Supply 2023 Page 3 of 20 Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Vendor Registration: The City requires new Service Providers receiving awards from the City to fill out and submit an IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Service Providers to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Public Record: The City of Fort Collins is subject to public information laws, which permit access BID 9775 Asphalt Supply 2023 Page 4 of 20 to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Bids may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this Bid will be public information. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 9775 Asphalt Supply 2023 Page 5 of 20 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting bids to provide the City of Fort Collins with Hot Mix Asphalt (HMA) and Warm Mix Asphalt (WMA) to be picked up by the City or representatives at the Vendor's asphalt plant. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Bid issuance: February 22, 2023 • Question deadline: 3:00 PM MT on March 10, 2023 • Bid Opening Date: 3:00 MT (our clock) on March 21, 2023 Method of Award The City reserves the right to award to multiple Vendors or split the bid award however it is most advantageous to the City. Award(s) from this bid and subsequent purchase orders will be based primarily on lowest bid price plus lowest transportation cost to the job and material availability. Agreement The awarded Vendor(s) will receive a Purchase Order from the City authorizing work under this Agreement. Vendor(s) should not accept a material pick-up from the City prior to receipt of the Purchase Order. The awarded Vendor is also expected to sign the City’s standard Services Agreement, a sample of which is attached. The Agreement and Bid Schedule will be effective for a period of one year. Invoices & Payments Invoices for materials should be emailed to invoices@fcgov.com. The cost of the materials shall be paid to the Vendor on Net 30 terms following the submittal of a correct invoice by the Vendor indicating the Purchase Order number, material type, material quantity, unit price, extended price, and date of material pick-up. A copy of the scale weight ticket(s) will also be attached to the invoice. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations The Vendor agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. Insurance Vendor is responsible for providing the City with insurance as required in the attached Agreement. Warranty Vendor warrants the materials will be in compliance with the Standard Specifications. BID 9775 Asphalt Supply 2023 Page 6 of 20 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: 1) Completed Bid Submittal Form, consisting of two (2) pages, including: A. Bid Schedule B. Vendor Acknowledgement. You must completely fill out the contact information portion. Failure to submit any of the above may result in your bid being considered non-responsive. BID 9775 Asphalt Supply 2023 Page 7 of 20 BID PROPOSAL WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS, REQUIREMENTS FOR 9775 ASPHALT SUPPLY 2023 PER BID INVITATION, ATTACHED SPECIAL INSTRUCTIONS, AND ANY REFERENCED SPECIFICATIONS: The Colorado Department of Transportation “Standard Specification for Road and Bridge Construction”, latest revision, including all Supplemental Specifications and the current version of the Larimer County Urban Area Street Standards are made part of this contract by this reference, except as revised herein, and hereby adopted as the minimum Standard Specification of compliance for this contract (the “Standard Specifications”). The purpose of this bid is to provide the City of Fort Collins with Hot Mix Asphalt/Warm Mix Asphalt to be picked up by the City at the Vendor’s asphalt plant. Quantities are estimates only and will be used for bidding and award purposes only. The City reserves the right to award to more than one Vendor. The City reserves the right to award on cost per ton plus lowest transportation costs to the job and availability of material. Any asphalt product not in compliance with the Standard Specifcations may be rejected by the City. Vendor(s) must have silo storage capabilities of a minimum of 500 tons. Awarded Vendor(s) must enter into the attached Service Agreement (for your review) and provide the required insurance. This Agreement and Bid Schedule are effective for one (1) year from the effective date of the Agreement. The awarded Vendor(s) must supply asphalt as requested by the City departments on demand, with twelve (12) hours prior notice by the City. This applies to pickups Monday through Saturday, occasionally at night, and infrequently on Sundays, unless legally prohibited. City crews shall not be kept waiting for loading of asphalt for a period longer than fifteen (15) minutes and should alternate when loading if Vendor’s trucks are waiting. The City may require testing of the work, including materials, products, processes and equipment. The costs for tests not required elsewhere by these specifications shall be paid by the City where such tests show compliance with the Standard Specifications and/or terms of this Agreement; otherwise the costs shall be paid by the Vendor(s). Any products, materials and equipment condemned or rejected by the City or it’s authorized inspector because of nonconformity with the Standard Specifications and/or the terms of this Agreement may be removed or reduced in price as provided in the Standard Specifications. Any costs to remove and replace non-conforming materials, shall be borne by the Vendor(s). The City, and authorized government agents, and their representatives, shall at all times be provided safe access to the Vendor’s asphalt plant; and the Vendor shall provide facilities for such access and for inspection. BID 9775 Asphalt Supply 2023 Page 8 of 20 BID SUBMITTAL FORM A. BID SCHEDULE Warm Mix/Hot Mix Asphalt Pricing (FOB Plant) ITEM ITEM ESTIMATED UNIT VENDOR NO. DESCRIPTION QUANTITY PRICE MIX ID # 403.10 WMA/HMA SX 75 (PG 58-28) 20% RAP 2,000 tons $_________ /ton ______ 403.11 WHA/HMA SX 75 (PG 58-28) 30% RAP 3,000 tons $_________/ton ______ 403.15 WMA/HMA SX 75 (PG 64-22) 20% RAP 15,000 tons $_________ /ton ______ 403.20 WMA/HMA SX 75 (PG 64-28) 20% RAP 5,000 tons $_________ /ton ______ 403.25 WMA/HMA S 75 (PG 58-28) 20% RAP 2,000 tons $_________ /ton ______ 403.30 WMA/HMA S 75 (PG 64-22) 20% RAP 10,000 tons $_________ /ton ______ 403.35 WMA/HMA S 75 (PG 64-28) 20% RAP 5,000 tons $_________ /ton ______ 403.40 WMA/HMA SG 75 (PG 64-22) 20% RAP 500 tons $_________ /ton ______ Note: The quantities listed above are estimates only. The City of Fort Collins reserves the right to modify the quantities for any or all items listed. It is acceptable for Vendor(s) to place “No Bid” for items they are not capable to provide, which may impact the City’s final selections. VENDORS MUST SUBMIT THE FOLLOWING LIQUID ASPHALT CEMENT COSTS FOR THE 2023 - 2024 SEASON IN ADDITION TO THE BID SCHEDULE PRICES FOR EACH MIX DESIGN LISTED ABOVE. Asphalt Cement (PG 58-28) $________________ /ton Asphalt Cement (PG 64-22) $________________ /ton Asphalt Cement (PG 64-28) $________________ /ton NIGHT OR WEEKEND UP-CHARGE (OPTIONAL) $________________ /ton *ALL QUOTED PRICING IS FIRM FOR THE CONTRACT TERM. REVISION OF SECTION 401 PLANT MIX PAVEMENTS – GENERAL BID 9775 Asphalt Supply 2023 Page 9 of 20 Section 401 of the Standard Specifications is hereby revised as follows: • The following paragraph shall be deleted from Subsection 401.02 of the Standard Specifications: (a)(3) “A sufficient quantity of each aggregate for the Department to perform the tests specified in Section 3.2.1 of CP 52.” The Contractor’s proposed job-mix formula for each hot mix asphalt grading will be tested by the Department utilizing materials actually produced and stockpiled for use on the project. The job-mix formula for each mixture shall establish a single percentage of aggregate passing each required sieve size, a single percentage of asphalt cement to be added to the aggregate, and a single temperature for the mixture at the discharge point of the plant. When Laboratory tests indicate that a proposed job-mix formula complies with the specifications as revised for the project, a Form 43 shall be executed between the Engineer and the Contractor to establish the job-mix formula. • Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula shall be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with a report from an independent testing laboratory acceptable to the Engineer. The report shall state the Superpave properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification per mix design or one per 10,000 ton of mix used shall be provided to confirm oil content, gradation, air voids, VMA, and stability. END OF SECTION REVISION OF SECTION 403 HOT MIX ASPHALT BID 9775 Asphalt Supply 2023 Page 10 of 20 Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 shall be amended to include the following: This work shall consist of supplying foamed WMA or standard HMA to the City of Fort Collins. This material shall be picked up by The City of Fort Collins at the Contractor’s asphalt plant. The material shall include Grading SX, Grading S, and Grading SG Foamed Warm Mix Asphalt (WMA)/ Hot Mix Asphalt (HMA), according to the current Colorado Department of Transportation Design Criteria and the Larimer County Urban Area Street Standards or as specified herein. The Asphalt Pavement Material supplier may choose to supply HMA over WMA, if conditions are not appropriate for the successful production or placement WMA. Water foamed WMA production technology shall be approved by CDOT and included on the approved product list for Warm Mix Asphalt at (HTTPS://codot.gov/business/apl/asphalt-warm-mix.html). Subsection 403.02 shall be amended to include the following: Laboratory Mix Design – Superpave mix, Grading S, SX, SG - The mix design shall be prepared by an independent laboratory acceptable to the Engineer. The criterion for the mix design is as follows: o Designed according to most recent set of SUPERPAVE Specifications available at the time. o A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. o The design mix for Grading S, SX, and SG shall conform to the current Larimer County Urban Area Street Standards and the following: Property Test Method Grading S Grading SG Grading SX Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement PG 58-28 PG 64-22 PG 64-28 PG 64-22 PG 58-28 PG 64-22 PG 64-28 Voids in the Mineral Aggregate (VMA) % minimum CP 48 (a) (a) (a) Voids Filled with Asphalt (VFA) % AI MS-2 (a) (a) (a) REVISION OF SECTION 403 HOT MIX ASPHALT BID 9775 Asphalt Supply 2023 Page 11 of 20 (a) Current CDOT Design Criteria Subsection 403.05 is revised to include the following: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Pay Item Unit 403.10 WMA/HMA GR SX (PG 58-28) 20% RAP Ton 403.11 WMA/HMA GR SX (PG 58-28) 30% RAP Ton 403.15 WMA/HMA GR SX (PG 64-22) 20% RAP Ton 403.20 WMA/HMA GR SX (PG 64-28) 20% RAP Ton 403.25 WMA/HMA GR S (PG 58-28) 20% RAP Ton 403.30 WMA/HMA GR S (PG 64-22) 20% RAP Ton 403.35 WMA/HMA GR S (PG 64-28) 20% RAP Ton 403.40 WMA/HMA GR SG (PG 64-22) 20% RAP Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing Hot Mix Asphalt materials, complete, as specified in these specifications, and as directed by the Engineer. No unit price difference shall be recognized between water foamed WMA and standard HMA materials. END OF SECTION BID 9775 Asphalt Supply 2023 Page 12 of 20 B. VENDOR ACKNOWLEDGEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Invitation to Bid and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the Bid. Additionally, Vendor hereby makes the following representations to City: a. In compliance with your Invitation to Bid 9775 Asphalt Supply 2023 and subject to all conditions thereof, the undersigned is authorized to do business in the State of Colorado and hereby proposes to furnish and/or perform the services set forth in the Scope of Work and Specifications, including all items listed on the Bid Schedule. Vendor commits that it is able to meet the terms set forth in the Invitation to Bid, and further acknowledges familiarity with all aspects of the project affecting the cost of the work to be performed. b. The undersigned does hereby declare and stipulate that this bid proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same Work. c. This bid proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next lowest bidder. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 13 of 20 ATTACHMENT A SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 14 of 20 Service Provider: City: Copy to: Attn: City of Fort Collins Attn: Phillip Martinez PO Box 580 Fort Collins, CO 80522 pmartinez@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 Purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page(s), and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 15 of 20 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. The Service Provider warrants that all goods, articles, materials and work covered by this Agreement will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Service Provider agrees to hold the City harmless from any loss, damage or expense which the City may suffer or incur on account of the Service Provider’s breach of warranty. The Service Provider shall replace, repair or make good, without cost to the City, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Service Provider after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Service Provider. Acceptance or use of goods by the City shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this Agreement, the Service Provider’s liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entered agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 16 of 20 with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Public Contracts for Services. The Service Provider verifies, warrants, and agrees that it is aware of, and if applicable shall comply with, C.R.S. Sec. 8-17.6-101 and -102 in its employment, contracting and subcontracting practices with respect to performing work under this Agreement. In the event the Service Provider fails to comply with any requirements of C.R.S. Sec. 8-17.6-101 and -102, the City may terminate this Agreement for breach and, if so terminated, the Service Provider shall be liable for actual and consequential damages. 21. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 17 of 20 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 18 of 20 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 19 of 20 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 BID 9775 Asphalt Supply 2023 Page 20 of 20 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.