Loading...
HomeMy WebLinkAboutBID - 6080 ASPHALT CRACK SEAL MATERIALCITY OF FORT COLLINS INVITATION TO BID 6080 Asphalt Crack Seal Material BID OPENING 3 OOP M (our clock), January 24, 2008 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�roposal and/or contract documents If delivered they are to be sent to 215 North Mason Street 2" Floor Fort Collins Colorado 80524 If mailed the address is P O Box 580 Fort Collins 80522-0580 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 Bids must be received at the Purchasing Office prior to 3 00 p m (our clock), January 24, 2008 Questions concerning the scope of the bid should be directed to Project Managers Neal Jaspers (970) 221-6654 or Erika Keeton 221-6605 X7392 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 Download the Bid from the Purchasing Webpage Current Bids page at https //secure2 fcgov com/bso/login isp 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by an authorized representative of the company with the legal capacity to bind the company to the agreement Bids maybe withdrawn up to the date and hour set for closing Once bids have been accepted by the City and closing has occurred failure to enter into contract or honor the purchase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 suppliers 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 inequity Bid prices must be held firm fora period of forty-five (45) days after bid openings where renewal is a way of life 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 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 10 rev 06/07 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 CITY OF FORT COLLINS COLORADO a municipal corporation By James B O'Neill II CPPO FNIGP Director of Purchasing and Risk Management Date [Insert Corporations name] or [Insert Partnership name] or [Insert indmdual's name] Doing business as _�msert name of business] By PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST (Corporate Seal) CORPORATE SECRETARY 11 rev 06/07 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 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 Submission of a bid is deemed as acceptance of all terms conditions and specifications contained in the Citys specifications initially provided to the bidder Any proposed modification must be accepted in wnting 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 overthe 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 firms compliance with the Citys 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 d opening Ja`m s B 0, II CPPO FNIGP for of Purchasing and Risk Management .- n11n n, CITY OF FORT COLLINS BID PROPOSAL WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR ASPHALT CRACK SEAL 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 In addition, the City ofFort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s) BID SCHEDULE 100 000 Ibs Asphalt 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 SIGNA NAME PRINTED ADDRESS PHONE # E-MAIL ASPHALT CRACK SEAL SPECIFICATION DESCRIPTION When melted and properly applied (not exceeding manufacturers recommended temperature restrictions) asphalt crack sealant will form a resilient and adhesive compound which will 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 material will form a long lasting seal which resists tracking during summer months and resists cracking during the winter months MATERIALS Sealant must be a single component asphalt rubber sealant which meets specifications of ASTM D 5329 Crack sealant shall be hot pour polymer modified asphalt crack sealant The Contractor or Manufacturer shall submit a certificate of compliance showing conformance to these specifications Cone Penetration @ 77° F(25°C) ASTM D 5329 30-50 Flow @ 140OF (60°C) ASTM D 5329 3 mm max Resilience @ 770F(250C) ASTM D 5329 40 - 55% Softening Point ASTM D 36 205OF min Flexibility specimen (6 x 1 x 1/8 ) conditioned to - -10°F no cracks 15°F shall bend 90° over a 1 125 mandrel in 2 seconds no cracks Ductility @ 39 2°F(4°C)1 cm/ min 50 cm min Curing 30 minutes max Asphalt Compatibility ASTM D 5329 Pass Application Temperature 380°F (193°C) Safe Heating Temperature 400°F (204°C) Materials shall be supplied in solid form pre -blended pre -reacted and prepackaged Material shall be cast in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing liquid There shall be no cardboard or paper waste from packing materials No sharp objects (cutters or knives) shall be required to open containers Materials shall be capable of being loaded directly from pallet to the melter without any shucking of boxes or other preparation Container shall be interlocking for safe transportation and waterproof to ensure effective outdoor storage The sealant shall be delivered in the manufacturer's original sealed container Each container shall be legibly marked with the manufacturer's name the trade name of the sealer the manufacturers batch or lot number the application temperature range the recommended application temperature and the safe heating temperature 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 rev 06/07 4 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and yearsetforth 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 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 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 200 and shall continue in full force and effect until 200 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 Pricing changes shall be negotiated by and agreed to by both parties The Denver - Boulder CPI-U as 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 ninety (90) days pnor to contract end 5 Delay If either party is prevented in whole or in part from performing its obligations rev 06/07 5 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 City City of Fort Collins Attn PO Box 580 Fort Collins CO 80522 Service Provider 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 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 rev 06/07 6 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 Providers 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 Citys approval or acceptance of orpaymentforanyof 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 ansing out of performance of this Agreement 12 Warran a Service Provider warrants that all work performed hereundershall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature b All goods supplied to the City shall be of the grade and quality specified hereunder or if not specified of the most suitable grade and quality of their respective kinds for their intended use c Service Provider warrants all goods provided under this Agreement except City - furnished goods against defects and nonconformances in grade 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 wntten notice from City of any such defect or nonconformances the affected good shall be 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 matenal element of this Agreement In the event either party should fad or refuse to perform according to the terms of this agreement such party may be declared in default thereof rev 06/07 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 partyforthe non -defaulting partys reasonable attorneyfees 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 agents and assigns and shall inure to the benefit of the respective survivors heirs personal representatives successors and assigns of said parties 16 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 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 P O Box 580 Fort Collins Colorado 80522 one copy of a certificate evidencing the rev 06/07 8 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 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 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 confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts 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 rev 06/07 9