HomeMy WebLinkAboutCORRESPONDENCE - BID - 6045 ASPHALT SUPPLY (9)Administrative Services
Purchasing Divison
215 North Mason Street 2nd
Floor P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6775 Fax (970) 221-6707 www.fcgov.com
CITY OF FORT COLLINS
INVITATION TO BID
BID 6045 Asphalt Supply
BID OPENING: 3:00 p.m. (our clock), March 30, 2007
The City is requesting bids to provide the City of Fort Collins with hot mixed asphaltic concrete
to be picked up by the City or representatives, at the contractors asphalt plant.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and
Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522,
at the time and date noted on the bid proposal and/or contract documents. If delivered, they are
to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the
address is P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), March 30,
2007.
Questions concerning the scope of the bid should be directed to Project Manager Rick Richter
(970) 221-6798.
Questions regarding bid submittal or process should be directed to John D. Stephen, CPPO,
CPPB, Senior Buyer (970) 221-6777.
A copy of the Bid may be obtained as follows:
1. Download the Bid from the Purchasing Webpage, Current Bids page, at:
https://secure2.fcgov.com/bso/login.jsp.
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
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 Bids may be withdrawn up to the date and hour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.
Bidders not responding to this bid will be removed from our automated vendor listing for the
subject commodities.
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.
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.
Bid results: for information regarding results for individual bids send a self-addressed, self-
stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
SA 09/01/06
3
City of Fort Collins
Bid 6045 Asphalt Supply
BID OPENING: March 30 2007, 3:00 p.m. (Our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS, REQUIREMENTS FOR
ASPHALT SUPPLY 2007 PER BID INVITATION, ATTACHED SPECIAL INSTRUCTIONS, AND
ANY REFERENCED SPECIFICATIONS:
The City is requesting bids to provide the City of Fort Collins with hot mixed asphaltic concrete
to be picked up by the City or representatives, at the contractors asphalt plant.
The Colorado Division of Transportation “Standard Specification for Road and Bridge
Construction” 2005, including all Supplemental Specifications, as well as 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.
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 Contractor. The City reserves the right to award on
cost per ton plus lowest transportation costs to the job and availability of material. Any
substandard asphalt product may be rejected by the City. Contractor must have silo storage
capabilities of a minimum of 300 ton.
Awarded contractor must enter into the attached service agreement (for your review) and
provide the required insurance (Exhibit B). This agreement is effective for one year from the
date on the service agreement. At the option of the City, the Agreement may be extended for
additional one year periods not to exceed four (4) additional one year periods. Pricing changes
shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder
CPI-U as published by the Colorado State Planning and Budget Office.
The awarded Contractor must supply asphalt as requested by the City departments on demand,
when a 12 hour notice is given. This applies to pickups Monday through Saturday and
occasionally at night. 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 Contractors trucks are
waiting. The transportation adjustment factor will consider tons/mile to compensate for shipping
costs associated with asphalt plants located outside the Fort Collins city limits.
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 Contract Documents; otherwise the costs
shall be paid by the Contractor.
Any products, materials and equipment condemned or rejected by the City or it’s authorized
inspector because of nonconformity with the Contract Documents 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 Contractor.
The City, and authorized government agents, and their representatives shall at all times be
provided safe access to the Contractors asphalt plant; and the Contractor shall provide facilities
for such access and for inspection.
SA 09/01/06
4
BID 6045 Asphalt Supply
BID SCHEDULE
ITEM ITEM ESTMATED UNIT
NO. DESCRIPTION QUANTITY PRICE
403.20 HBP Grading SX 3,000 Ton ($ ) per Ton
75 PG 58-28 Binder
403.30 HBP Grading S 24,000 Ton ($ ) per Ton
100 PG 58-28 Binder
403.35 HBP Grading S 20,000 Ton ($ ) per Ton
100 PG 64-28 Binder
403.40 HBP Grading SG 63,000 Ton ($ ) per Ton
100 PG 58-28 Binder
Firm Name ____________________________________________
(Are you a corporation, DBA, Partnership, LLC, PC)
Signature ________________________PRINTED NAME_______________________
Title ____________________________________________
Address _____________________________________________
_____________________________________________
Phone/Fax _____________________________________________
SA 09/01/06
5
SPECIFICATIONS
The Colorado Department of Transportation “Standard Specifications for Road and Bridge
Construction”, 2005, and the current Larimer County “Urban Area Street Standards” (hereafter
referred to as the “Standard Specifications”) are made a part of the Contract by this reference,
except as revised herein, and are hereby adopted as the minimum Standard Specifications of
Compliance for this project.
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)(4) “A sufficient quantity of each aggregate, mineral filler, reclaimed material,
and additive for the required Laboratory tests.”
Subsection 401.02 is hereby revised to include the following:
Requests made in writing by the Contractor for changes in the job mix formula will 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.
If the Contractor uses more than three (3) job mix formulas for a type of plant mix
pavement used, the City may charge the Contractor for testing and evaluation of the mix
designs, including the costs for calibration.
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.
Section 403 of the Standard Specifications is hereby revised as follows:
Subsection 403.01 is revised to include the following:
This work shall consist of supplying HBP to the City of Fort Collins. This material shall be
picked up by The City of Fort Collins at the suppliers plant site. The materiel shall include
Grading SX, Grading S, and Grading SG Hot Bituminous Pavement, according to the
current Colorado Department of Transportation Design Criteria and the Larimer County
Urban Area Street Standards or as specified hear-in.
Subsection 403.02 is revised to include the following:
Laboratory Mix Design - SHRP 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:
SA 09/01/06
6
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 64-28
PG 58-28
PG 58-28 PG 58-28
Voids in the Mineral
Aggregate (VMA) % minimum
CP 48 (a) (a) (a)
Voids Filled with Asphalt (VFA)
% AI MS-2 (a) (a) (a)
(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:
SA 09/01/06
7
Pay Item Unit
403.20 HBP Grading SX 75 PG 58-28 Binder Ton
403.30 HBP Grading S100 PG 58-28 Binder Ton
403.35 HBP Grading S100 PG 64-28 Binder Ton
403.40 HBP Grading SG100 PG 58-28 Binder 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 Bituminous materials, complete, as specified in these specifications, and
as directed by the Engineer.
SA 09/01/06
8
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 pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence , and shall continue in full
force and effect until , unless sooner terminated as herein provided.
3. 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.
4. 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:
City: Service Provider:
City of Fort Collins
Attn: Purchasing
SA 09/01/06
9
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the 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.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of pages, and incorporated herein by this reference.
6. 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.
7. 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.
8. 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.
9. 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.
SA 09/01/06
10
SA 09/01/06
11
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials,
equipment and labor, against defects and nonconformances in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
11. 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.
12. 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.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
SA 09/01/06
12
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever brought or asserted for injuries to or
death of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B, 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 Director of
Purchasing and Risk Management, 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.
15. 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.
16. 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.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
SA 09/01/06
13
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “Basic Pilot Program”) in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre-employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course
SA 09/01/06
14
of an investigation that the Department undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor’s
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
SA 09/01/06
15
EXHIBIT A
SA 09/01/06
16
EXHIBIT B
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 be cancelled or materially altered,
except after ten (10) 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 $500,000 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.
SA 09/01/06
17