HomeMy WebLinkAboutBID - 5899 DIRECTIONAL BORINGCity of Fort Collins
Administrative Services
Purchasing Division
CITY OF FORT COLLINS
INVITATION TO BID
BID #5899
DIRECTIONAL BORING
BID OPENING: MARCH 7, 2005, 3:OOP.M. (our clock)
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 3:00p.m. (our clock), MARCH 7,
2005.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
www.fcgov.com/purchasing.
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 Bids may be withdrawn up to the date and hour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.
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
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
entire 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 representative, 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 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 "D",
consisting of ( ) page[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, 215 N. Mason, PO 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.
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19. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit _, consisting of
( ) page[s], attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[INSERT CORPORATIONS 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:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
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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 are 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.
es B. O'Neill II, CPPO, FNIGP
'actor
of Purchasing and Risk Management
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CITY OF FORT COLLINS
BID #5899
DIRECTIONAL BORING
BID OPENING: MARCH 7. 2005, 3:00 p.m. (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS
FOR DIRECTIONAL BORING CONTRACTOR - ANNUAL PER THE BID INVITATION AND
ANY REFERENCED SPECIFICATIONS:
The City of Fort Collins is requesting bids for a Contractor to provide all equipment, labor and
materials deemed necessary to perform directional boring and pot hole locating for the Traffic
Department for traffic signal intersections. This contract may be utilized by other departments
with a completed work order. There is no guaranteed minimum amount of services to be
ordered. The AVERAGE intersection is between 150 to 250 total linear feet and ten pot holes.
The City is requesting pricing per linear foot for boring and cost per pot hole to locate utilities.
This is a one year agreement but, 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 use the Denver - Boulder CPI-U
as published by the Colorado State Planning and Budget Office as a guide. Written notice of
renewal shall be provided to the Service Provider and mailed no later than 90 days prior to
contract end.
For technical questions, call Dan Holland, Traffic Operations Supervisor at 970-221-6816.
For purchasing questions, call John Stephen, Senior Buyer, CPPO, CPPB, at 970-221-6777
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Bid #5899
Bid Schedule
Linear feet and pot holes are an arbitrary number for bid purposes only. The City reserves the
right to award in the best interest of the City, either by linear foot or total cost.
Directional Boring $ /Linear Foot X 185F = Total$
With one 2" Conduit
Directional Boring $ /Linear Foot X 185F = Total$
With two 2" Conduits
Directional boring $ /Linear Foot X 185LF = Total$
With one 3" conduit
Directional boring $ /Linear Foot X 15OLF = Total $
With two 3" conduit
Pot holing $ Pothole X 10 locations = Total $
Total Cost $
Firm Name
(Are you a corporation, DBA, Partnership, LLC, PC)
Signature
PRINTED NAME
Title
Address
Phone/Fax
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SERVICES AGREEMENT
WORK ORDER TYPE
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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for The conditions set forth herein shall apply to all
services performed by the Service Provider on behalf of the City and particularly described in
Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a
sample of which is attached hereto as Exhibit "A", consisting of (_ ) page[s], and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance of
services. No workorder shall exceed $ . The only services authorized under this
agreement are those which are performed after receipt of such Work Order, except in
emergency circumstances where oral work requests may be issued. Oral requests for
emergency actions will be confirmed by issuance of a written Work Order within two (2) working
days.
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b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
2. Chances in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. [Option 1] This Agreement shall 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 herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the professional mailed no later than 90 days prior to contract
end.
4. Contract Period. [Option 2] This Agreement shall commence 199_, and
shall continue in full force and effect until , 199_, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed _ (_) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Service Provider and mailed no later than 90
days prior to contract end.
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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 is 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/Notices. 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 mailed 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 address:
City Service Provider
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the termination date, 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. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested. No Work Order of or more shall be
issued.
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8. Payments. a. The City agrees to pay and the Service Provider agrees to accept
as full payment for all work done and all materials furnished and for all costs and expenses
incurred in performance of the work the sums set forth for the hourly labor rate and material
costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit
"B", consisting of (_) page(s], and incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes,
supplies and materials, and other costs incurred in connection with the performance of such
work.
9. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
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.
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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 under the
Agreement or of any cause of action arising out of the performance of this Agreement.
13. 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 workmanshiplworkwomanship 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.
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
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