HomeMy WebLinkAboutBID - 5347 CRACK SEALANT MATERIALCity of Fort Collins
Adm, .trative Services
Purchasing Division
CITY OF FORT COLLINS
INVITATION TO BID
BID #5347
CRACK SEALANT MATERIAL
BID OPENING: DECEMBER 7, 1998, 3:OOP.M. (our clock)
Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and
Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521, at the time and
date noted on the bid proposal and/or contract documents
Bids must be received at the Purchasing Office prior to 3.00 p.m. (our clock), December
7, 1998.
A copy of the Bid may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #25347
2 Download the Bid from the Purchasing Webpage, Current Bids page, at
www ci fort-collins co us\CITY_HALL\PURCHASING then via the Current
Bids pushbutton
3 Come by Purchasing at 256 W Mountain Ave , 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capacity to bind the company to the agreement Bids may be withdrawn up to the date and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
256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties
16 Indemnit /Insurance a The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder
b The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property
c Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit _, consisting of (_)
pages[s], 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to the City
17 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
18 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
19 Special Provisions [Optional] Special provisions or conditions relating to the
1"
services to be performed pursuant to this Agreement are set forth in Exhibit _, consisting of
(_) page[s], attached hereto and mcorporated herein by this reference
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By
John F Ft chbach
City rnager
By
James B O'Neill II, CPPO
Director of Purchasing and Risk Management
Date
ATTEST
City Cler
APPR ED AS TO FORM
Assistant City Attorney
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [insert name of business]
By
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date
(Corporate Sea])
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EXHIBIT B
INSURANCE REQUIREMENTS
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
Workers' Compensation insurance with statutory limits as required by Colorado law
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
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El
EXHIBIT C
YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY
Section 1 Contractor hereby certifies that all information resources or systems to be
provided or used in connection with the performance of this Agreement are "Year 2000
Compliant', except as otherwise expressly described in Section 2, below "Year 2000
Compliant' shall mean that information resources meet the following criteria
a Data structures (e g , databases, data files) provide 4-digit date century
recognition For example, "1996" provides date century recognition, "96" does not
b Stored data contains date century recognition, including (but not limited to) data
stored in databases and hardware/device internal system dates
c Calculations and programs logic accommodate both same century and multi -
century formulas and date values Calculations and logic include (but are not limited to) sort
algorithms, calendar generation, event recognition, and all processing actions that use or
produce date values
d Interfaces (to and from other systems or organizations) prevent non -compliant
dates and data from entering any state system
User interfaces (i e , screens, reports, etc ) accurately show 4 digit years
Year 2000 is correctly treated as a leap year within all calculation and calendar
logic
Section 2 Contractor has identified the following information resources or systems that will
be provided or used in connection with the performance of this Agreement that are not, or will
not by December 1, 1998, be Year 2000 Compliant
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H
Section 3
a Contractor hereby certifies that the instances of information resources or
systems not Year 2000 Compliant identified in Section 2, above, will be Year 2000 Compliant
no later than December 1, 1998, and that Contractor shall notify the City of the status of Year
2000 Compliance for such resources or systems upon the earlier of the date Year 2000
Compliance is achieved or on June 30, 1999
b Contractor hereby certifies that the instances of information resources or
systems identified in Section 2, above, as not Year 2000 Compliant, and for which Year 2000
Compliance is or will not be achieved by December 1, 1998, are not related to and do not
impair the performance by Contractor of the terms of this Agreement, and do not produce new
non -compliant information resources or systems
Section 4 Contractor agrees to notify the City immediately of any information resources or
systems that are not Year 2000 Compliant upon encountering the same in connection with the
performance of the Agreement, including without limitation any information resources or
systems in use by Contractor in the performance of the Agreement or information resources or
systems of the City regarding which Contractor obtains information in the course of its
performance of the Agreement
Section 5 Contractor agrees to permit examination, by the City or agents thereof, of any
and all information resources and systems in use in connection with this Agreement, and
related Year 2000 Compliance implementation plans, in order to evaluate Year 2000
Compliance and potential implications of the same for the City and for performance of the
Agreement
Section 6 The Contractor shall indemnify and hold harmless the City, and its officers,
agents and employees, from and against all claims, damages, losses, and expenses, including
attorneys fees, arising out of or resulting from the Contractor's failure to disclose instances of
information resources or systems that are not Year 2000 Compliant, or failure to comply with
the terms of this Exhibit C
07/24/98
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Bidders must be properly licensed and secure necessary permits whenever 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 stern/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 their dependent or person residing
in and sharing the expenses of their household, shall have a financial interest in the sale to the
City of any real or personal property, equipment, material, supplies or services This rule also
applies to subcontracts with the City This shall not apply to members of any authority, board,
committee or commission of the city, other than the members of the City Council 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 Any
vendor knowing of this type of activity is encouraged to report in confidence to the Director of
Purchasing and Risk Management, Director of Finance, City Attorney or City Manager so the
matter can be dealt with
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 are available for review in the
Purchasing Office or the City Clerk's Office
Cement restrictions City of Fort Collins Resolution 91-121 requires that suppliers and
producers of cement or products containing cement to certify that the cement was not made in
cement kilns that burn hazardous waste as a fuel
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
off ce 7 days after the opening
am B O'Neill II, CPPO
ctor of Purchasing and Risk Management
CITY OF FORT COLLINS
BID PROPOSAL
BID #5347
BID OPENING: CRACK SEALANT MATERIAL, DECEMBER 7 1998. 3:00 p.m (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR
CRACK SEALANT MATERIAL PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS -
Cost per pound must include delivery to 625 9th St , Fort Collins, CO 80524 Complete product
literature must accompany all bids
Material must be easy to handle in cold weather months and suited for application in northern
Colorado climate variances The material must not contain sand, fiber or any abrasive material
that will cause damage or clogging of the application equipment
Contractor must enter into the attached services agreement (SAMPLE) 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 two (2) 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 Written notice of renewal shall be provided to the Service Provider and mailed no later than
ninety (90) days prior to contract
end
CRACK SEAL SPECIFICATION
GENERAL DESCRIPTION
Sealant must be a single component asphalt rubber sealant which meets specification
requirements of ASTM 3405 "Concrete Joint Sealer, Hot -Poured Elastic Type " The sealant must
be supplied in solid form, pre -blended, pre -reacted, containing not less than three percent ground
reclaimed rubber, and not to exceed five percent ground reclaimed rubber per individual packaged
volume Must meet 3405 specifications in boxed package form which, when melted and properly
applied )not exceeding package's recommended temperature restrictions) will form a resilient and
adhesive compound which sill effectively seal cracks in both asphalt and concrete pavements
Material must be highly adhesive and bond strongly to pavement cracks and joints When properly
applied, will form a long lasting seal which resists tracking during summer months, and cracking
during the winter months
APPLICATION
Application method will be a pressure feed melter application machine
PHYSICAL PROPERTIES AND SPECIFICATION CONFORMANCE
Product must meet the requirements of ASTM D3405, exceeding the specification for ASTM
D1190, M173, and Federal specification SS-S-164 for products containing reclaimed rubber
PACKAGING
Individual boxes of sealants which are palletized
ALL boxes contain a non -adherent film for easy sealant removal
Prefer individual box weights to be 35lbs or less
WARRANTY
Standard 12 month warranty from date of delivery
Agreement Upon Delivery
Material purchased may be tested for quality of standard laid out in specified requirements by
Colorado State Laboratories
C!
BID SCHEDULE
100,000 Ibs Crack sealant material per attached Specification
$ /lb $ /Total Del/wks ARO
Mfg & Mfg #
Material bid meets or exceed the referenced specifications YES_ NO_ If not, please
explain on a separate sheet and attach to your bid documents
FIRM NAME
SIGNA
ADDRESS
PHONE #
FAX#
NTED NAM
5
iT,
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
Provider"
WITNESSETH
hereinafter referred to as "Service
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 J- (_) page[s], and
incorporated herein by this reference
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
" B", consisting of _ (_) page[s], and incorporated
3
pursuant to this Agreement shall be
execution of this Agreement
within
by this reference
The services to be performed
shall be completed no later than
(_) days following
Time
is of the essence Any tensions of the time limit set forth above must be agreed upon in a writing
signed by the pa es
4 Contract Period [Option 1] This Agreement sha I commence upon the date of
execution shown on the signature page of this Agreement' and shall continue in full force and effect
for one (1) year, unless sooner terminated as ti6frein provided In addition, at the option of the City,
the Agreement maybe extended for additional period of one (1) year at the rates provided with
written notice to the ProfessigP-91 mailed no later than ninety (90) days prior to contract end
0
owg,5ti .
4 Contract Period [Option 21 This Agreement shall commence �P 199, and
shall continue in full force and effect until P fc ( 1990/unless sooner terminated as herein
provided In addition, at the option of the City, the Agreement maybe extended for additional one
year periods not to exceed %2-0 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 Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end
5 Delay If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without 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
[Early Termination clause here as an option
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
City
Service Provider
In the event of early termination by the City, the Service Provider shall be paid for services
7
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, the sum of Dollars ($
) [Option Cost Breakdown is attached Exhibit "C"]
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 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
11 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
12 Warranty
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(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
13 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
14 Remedies In the event a party has been declared in default, such defaulting party
shall be allowed a period often (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
15 Binding Effect This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,