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Home My WebLink AboutBID - 5984 MAPO ROAD SALTAdministrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 5984 MAPO Road Salt OPENING DATE: 3:00 P.M. (Our Clock) June 23, 2006 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Add Westminster to the bid schedule. Revised Bid Schedule: ATTACHED Please contact John D. Stephen, CPPO, CPPB, Senior Buyer, at (970) 221-6777 with questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. ADDENDUM 1 REVISED BID SCHEDULE: VII. BID FORM 2006-2007 ROAD SALT 1. Company Name: ____________________________________________________ 2. Vendor Street Address_______________________________________________ 3. City, State, Zipcode ____________________________________________ 4. Vendor Phone ____________________ Fax______________________________ 5. Vendor EMAIL_____________________________________________________ 6. Location of Salt Supplier: __________________________________________ 7. Maximum Hauling Capacity (see Special Condition No. 10) __________Tons 8. Price of Additives: Sodium Chloride Non-Caking, Yellow Prussiate of Soda _____________/Ton BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. 2006-2007 MAPO SALT BID SCHEDULE Bid 5984 AGENCY INVOICE ADDRESS CONTACT PHONE # DELIVERY LOCATION/ WHO UNLOADS/ SPECIAL EQUIPMENT TONS BULK GRADE Additives * PRICE PER TON Adams County Attn: Ellen Gomez 4955 E. 74th Ave. Commerce City CO 80022 Ellen Gomez 303-853-7103 Tim Sterkel 303-853-7136 Salt Dome 8080 Dahlia St. Commerce City, CO Carrier Must Unload Approx. 5000 Bulk 1 Non- Caking City of Brush PO 363 Brush, CO 80723 Row Pennell 970-842-5001 118 Carson Brush, CO Local Gov’t. Assist End Dumps Approx 30 Bulk 1 Non- Caking City of Golden Attn: Public Works 145 10th St. Golden CO 80401 Ron Reavis 303-384-8155 City of Golden Shops 1400 9th. St. Golden, CO 80401 Carrier Must Unload End or Belly Dumps City of Arvada Street Division 6161 Olde Wadsworth Aravada CO 80001-8101 Dave Kotecki 720-898-7721 6161 Olde Wadsworth Aravada CO Carrier Must Unload Approx. 1500 Bulk 1 Non- Caking City of Fort Collins Street Department 625 9th St. PO Box 580 Fort Collins, CO 80522 Stan Welsch 970-416-2091 970-221-6615 625 9th St. Fort Collins, CO Local Gov’t. Assist Rail Approx. 2500 Bulk 1 NON- CAKING City of Brighton Attn: Procurement Ste 106 22 S. 4th Ave. Brighton, CO 80601 Bob Younger Sharon Williams 303-655-2088 401 Longspeak St. Brighton, CO 80601 Carrier Must Unload End Dumps Approx. 100 Bulk 1 Non- Caking City of Northglenn 11701 Community Ctr. Dr. Northglenn, CO 80233 Gene Maypole 303-450-4005 12323 Claude Ct. Northglenn, CO Carrier Must Unload End Dumps Approx Boulder County Road Maintenance 1288 Alaska Ave. Longmont, CO 80501 Bob Kiepe Ted Plank 303-441-3962 Walden Ponds Garage 3897 N 75TH St. Boulder, CO 80303 Carrier Must Unload End Dumps Approx. 750 Bulk 1 Non- Caking City of Lakewood 850 Parfet Street Lakewood, CO 80215 Chris Jacobsen 303-987-7951 850 Parfet St. Lakewood, CO 80215 Carrier Must Unload Firm 2000 Bulk 1 Non- Caking DIA Field Maintenance 27500 E. 80th Ave. Denver, CO 80249 Jeff Bartleson 303-342-2764 88th Ave. Gate #15 Denver, CO 80249 Carrier Must Unload Approx. 1000 Bulk 1 None Town of Parker 20120 E. Mainstreet Parker, CO 80138-7334 Steve Nyhus 303-805-3216 Town of Parker Salt Barn 17801 E. Plaza Dr. Parker, CO 80134 Carrier Must Unload Approx. 700 Bulk 1 Non- Caking City of Westminster Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com CITY OF FORT COLLINS INVITATION TO BID BID 5984 BID OPENING: 3:00 p.m. (our clock), June 23, 2006 Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, 215 North Mason, 2nd Floor, Fort Collins, Colorado 80524, at the time and date noted on the bid proposal and/or contract documents. The Agencies including Cities of Fort Collins, Brush, Golden, Aurora, Commerce City, Arvada, Brighton, Thornton, Westminster, Lakewood, Parker and Counties of Adams, Jefferson, El Paso, and DIA and acting collectively through their authorized procurement officials respectfully request separate sealed Bids for the purchase of Bulk Road Salt. Total approximate amount of Rock Salt is 27,000 Tons. Bids shall be in a sealed envelope, plainly marked "MAPO BID # 5984/2006-151. Bids must be received at the Purchasing Office prior to 3:00 P.M. (Our Clock), June 23, 2006. 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 N. Mason 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. 2 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 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. 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. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Hosting Agency – City of Fort Collins 3 INDEX OF CONTENTS I. INVITATION TO BID II. INDEX OF CONTENTS III. INSTRUCTIONS TO BIDDERS IV. TERMS AND CONDITIONS V. SPECIAL INSTRUCTIONS TO BIDDERS a. COLLECTIVE b. SPECIAL BID CONDITIONS VI. PRODUCT SPECIFICATIONS VII. BID FORM AND SIGNATURE PAGE 4 III INSTRUCTIONS TO BIDDERS 1. BID OPENING AND AWARD Bids will be examined promptly after opening, and an abstract will be provided upon request. (Supply a self addressed, stamped envelope with your Bid.) NO BID RESULTS WILL BE GIVEN OVER THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the Bid Opening date. 2. AGENCIES The Host Agency is the Agency who is facilitating this Bid. Agencies is defined as the Agencies participating in the Bid. 3. BIDDER QUALIFICATIONS No Bid shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to any participating Agency, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the Agencies or that is deemed irresponsible or unreliable by the individual Agencies. If requested, Bidders shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service Bid upon and that they have the necessary financial resources to provide the proposed supply/service called for as described in the attached Technical Specifications. 4. BID FORM Each Bidder must submit an original Bid and additional copies as required on the forms attached. The Bidder shall sign his Bid correctly, and the Bid may be rejected if it shows any omissions, alterations of the form, additions not called for, conditional Bid, or any irregularities of any kind. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. 5. SPECIFICATION DEVIATIONS BY THE BIDDER Any deviation from this specification MUST be noted in detail, and submitted in writing on the Bid Form. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications, will hold the Bidder strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Bids, the Bidder's name should be clearly shown on each document. 6. BIDDER REPRESENTATION Each Bidder must sign the Bid with their usual signature and shall give their full business address on the form provided in this Bid. Bids by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 5 7. BROCHURES Bids shall include adequate brochures, latest printed specifications and advertising literature, describing the product offered in such fashion as to permit ready comparison with our specifications on any item-by-item basis where applicable. 8. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS All changes in Bid documents shall be through written addendum and furnished to all Bidders. Verbal information obtained otherwise will NOT be considered in awarding of Bids. 9. BID CHANGES Bids, amendments thereto, or withdrawal requests received after the time advertised for Bid Opening, will be void regardless of when they were mailed. 10. BASIS OF BID AWARD Award of Bid shall be made to the lowest responsive, and responsible Bidder(s) meeting the specifications. The following is a partial list of the criteria that may be used in the award of this Bid. A. Superior quality and adherence to specifications B. Adequate maintenance and service C. Delivery and/or completion time D. Guarantees and Warranties E. Company's reputation and financial status F. Past experience and cost with same or similar equipment or service G. Anticipated future cost and experience 11. INSURANCE For SERVICES requiring contractor's presence on any Agency property, the successful Bidder shall, during the term of this Agreement and until completion thereof, provide and maintain the following minimum coverages: Type of Insurance Minimum Limits of Liability Standard Workers' Compensation & Statutory in conformance with the Employers' Liability Including compensation laws of the State of Occupations Disease Coverage Colorado Comprehensive General Liability $ 150,000 each person; Insurance $1,000,000 each occurrence Comprehensive Automobile Liability $ 150,000 each person; Insurance $1,000,000 each person Umbrella Liability Coverage $1 million The successful Bidder shall affect the insurance policies in a company or companies and in a form satisfactory to the Owner. Before commencing any performance under this Agreement, successful Bidder shall deliver, to each Agency, Certificates of Insurance issued by the insurance company, 6 and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include each individual entity as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10- 101, C.R.S., as amended. 12. DELIVERY DATE The delivery time, as stated in the Bid Form, shall be the time required to deliver the complete item after the receipt of the order or award of the Contract. Where multiple items appear on a Bid request, the Bidder shall, unless otherwise stated by the participating Agencies, show the delivery time for each item separately. If only a single delivery time is shown, it will be assumed to mean that all items included in the Bid can and will be delivered on or before the specified date. The Bidder agrees that the delivery will be completed in the time stated assuming that the time between the Bid Opening and the placing of the order, does not exceed the number of days so stipulated. The right is reserved to reject any Bid in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity/service is intended. 13. CASH DISCOUNTS Cash discounts should be so stated on the Bid Form. Prices bid must, however, be based upon payment in thirty (30) days. In all cases, cash discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later. 14. TIE BIDS In the case of tie Bids, the Agencies reserve the right to make the award based on the factors previously outlined in paragraph number ten. 15. BID REJECTION OR PARTIAL ACCEPTANCE The Agencies reserve the right to reject any or all Bids. They further reserve the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bid or Bids where they deem it advisable in protection of the best interests of the Agencies. 16. INVOICES Individual purchase orders will be assigned to the successful Bidder(s) from the participating Agencies in this Bid and each is to be invoiced separately. All invoices submitted must show the respective Agency's purchase order number. 17. PAYMENTS Payments will be made for all goods/services delivered within 30 days of receipt and acceptance of delivery. 7 18. MODIFICATION, ADDENDA AND INTERPRETATIONS Any apparent inconsistencies, or any matter seeming to require explanation or interpretation, must be inquired into by the Bidder at least 72 hours (excluding weekends and holidays) prior to the time set for the Bid Opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract Documents and shall be acknowledged and dated on the Bid Form. All requests for information should be in writing or telephoned to the Host Agency. 19. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations of all Agencies having jurisdiction shall apply to the award throughout and incorporated here by reference. 20. SUBCONTRACTING No portion of this Bid may be subcontracted without the prior written approval by each Agency. 21. TELEGRAPHIC/ELECTRONIC BID SUBMITTAL Telegraphic and/or Bid offers sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Bid either by air freight, postal service, or other means. 22. MISCELLANEOUS The Agencies reserve the right, either collectively or separately, to reject any and all Bids or parts thereof. The participating Agencies reserve the right to inspect vendor's facilities prior to the award of this Bid. The Agencies reserve the right, either collectively or separately, to negotiate optional items with the successful Bidder. 23. COOPERATIVE BIDDING Other governmental agencies may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies. Requests for participation of other Agencies will be coordinated by the MAPO Agency hosting the Bid The Host Agency may notify the vendor(s) and the Agency wishing to participate, in writing. 8 IV TERMS AND CONDITIONS 1. MODIFICATION OF AGREEMENT No modification of award shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency. 2. WARRANTIES Bidder warrants that all articles, materials and work will conform within applicable drawings, specifications, samples and/or other descriptions given to Agencies, and will be free from defects. Without limitation of any rights which Agencies may have by reason of any breach of warranty, goods which are not as warranted may be returned at Bidder's expense at reasonable time after delivery, for either credit or replacement, as each participating Agency may direct. 3. OVERSHIPMENTS Material shipped in excess of quantity ordered may be returned at Bidder's expense. 4. CANCELLATION Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 5. PATENT GUARANTEE Bidder shall, with respect to any device or composition of Bidder's design or Bidder's standard manufacture, indemnify and hold harmless each participating Agency, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent, by reason of the sale of normal use of such device or composition, provided that Bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by the Agencies. 6. TERMINATION OF AWARD FOR CAUSE If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner its obligations or if the successful vendor shall violate any of the covenants, agreements or stipulations of the award, the Agency shall thereupon have the right to terminate the award by giving written notice to the successful Bidder of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the successful Bidder shall, at the option of the Agency, become its property, and the successful Bidder shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful vendor shall not be relieved of liability to the Agency for damage sustained by the Agency by virtue of breach of the award by the successful vendor and the Agency may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the Agency from the successful vendor is determined. 9 10 7. TERMINATION OF AWARD FOR CONVENIENCE The Agency may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Bidder under the award shall at the option of each Agency become its property. If the award is terminated by each Agency as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Bidder covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Bidder, termination of award for cause, relative to termination shall apply. 8. ACCEPTANCE OF TERMS BY SHIPMENT Shipment of all or any portion of the goods covered by this order shall be deemed an acceptance of the Bid upon the terms and prices set forth herein. 9. ASSIGNMENT Bidder shall not assign this order nor any monies to become due hereunder without the prior written consent of each Agency. Any assignment or attempt at assignment made without such consent of the Agency shall be void. 10. TAXES The Agencies are exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Bid. Bidder shall obtain all appropriate tax exemption certificates from the Agencies. 11. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. 12. AMERICANS WITH DISABILITIES ACT It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans With Disabilities Act may be required, upon request, by any participating Agency. 13. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. 11 14. PROPRIETARY INFORMATION All information included in any Bid that is of a proprietary nature must be clearly marked as such. Each Agency shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. Because of the need for public accountability, the following information concerning the Bid will not be considered proprietary, even if such information is clearly marked as such: prices of Bid, non- financial information concerning compliance with specifications, guarantees and warranties. 15. COMPETITIVENESS AND INTEGRITY The collective Agencies have assigned control of this acquisition process to the Host Agency identified in the Bid Notice of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Offerors are to direct all communications regarding this Bid to the designated Host Agency, unless otherwise specifically noted. Attempts by offering firms to circumvent this requirement will be viewed negatively and may result in rejection of the offer of the firm found to be in non-compliance. The Host Agency may refer communications to other participating Agencies for clarification. 16. FOB POINT The FOB point shall in all cases be destination(s). If freight is charged to any of the Agencies, the vendor will prepay and add. 17. CREDIT If a vendor places any dollar limitations for credit extended on a purchase order, the participating Agencies will consider such limitations in the evaluation of the Bids. Any credit limits without justification may cause the Agencies to disqualify the Bid. Additionally, MAPO Agencies will not complete credit applications. 12 V. SPECIAL INSTRUCTIONS TO BIDDERS Road Salt Requirements for the 2006-2007 Colorado Political Subdivisions a. COLLECTIVE 1. Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. 2. Releases to be made as required throughout the period of the award. Consideration will be given to vendors with a favorable firm price period with no minimum release requirements. 3. Prices must remain in effect from Date of Award through July 1, 2007. 4. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies unless fixed quantities are stated. In the event of any emergency where quick delivery is a necessity and the successful bidder cannot meet the time constraints, the political subdivision may order from another vendor in order to meet that emergency only. 5. Vehicles shall not be operated on any roadway in excess of the legal weight limitation. The contractor shall be responsible for any and all fines incurred for being overloaded as well as any other safety or moving violations. Overweight trucks will not be accepted or unloaded. 6. All equipment must comply with city, county, state and DOT rules, regulations, requirements, etc. which apply. All operators must be properly licensed for the type of equipment being operated. The Local Agency reserves the right to reject any improperly licensed equipment or operator. 7. This award shall be available for use by Local Governments and Political sub- divisions in the state of Colorado. 8. This award may be extended for an additional 2 (two) twelve (12) month periods, contingent upon future years funding, and agreement of the Agencies and vendor. 9. Results will not be given by phone. For bid results, please go to www.fcgov.com/purchasing and look for the bid results. b. SPECIAL BID CONDITIONS 1. All orders will be in truck load quantities or railcars. 2. All prices quoted are to be F.O.B. destination. All salt to be bulk delivery as designated per attached sheets. No deliveries will be accepted on either Saturday or 13 Sunday, unless permission has been previously granted by the ordering agency. At least twenty-four (24) hours prior notice must be given before any delivery will be accepted at any destination unless the condition is waived by the political subdivision when the order is placed with the vendor. All deliveries must be accompanied by a certified weight ticket, otherwise the shipment may be refused. Unloading instructions will vary depending upon the need of each political subdivision and are given on the bid sheets in detail. Additional delivery instructions which do not affect the vendor’s cost may be included on the blanket purchase order. 3. A blanket purchase order will NOT be issued by the State of Colorado on behalf of the political subdivision. Each agency will send a purchase order to the Vendor. If any problems arise in the performance of the resulting contract, the hosting agency, City of Fort Collins, should be notified immediately and will assist in the problems solution. 4. After October 15, 2006 all orders of from one (1) to five (5) truck loads must be delivered within 10 (10) working and orders of more than five (5) truck loads must be delivered within twenty (20) working days. For each day beyond those deadlines in which delivery is made, twenty-five dollars ($25) shall be deducted from any monies due the vendor, not as a penalty but as liquidated damages notwithstanding any act of God. In the event that the vendor fails, refuses or otherwise declines to perform in accordance with the terms of the contract, the political subdivision may then purchase the road salt ordered from the vendor from any other source and the vendor shall be liable for the difference between the contract prices and the purchasing price of said material in addition to any liquidated damages that are due and owing the political subdivision. Termination of the contract will be done by notifying both the vendor and the City of Fort Collins, in writing, in the event of the vendor’s failure to perform. 5. Any representative samples of delivered material that fail to meet the specifications relative to gradation or moisture content will be penalized succeeding deliveries failing to meet specifications. 6. The resulting contract shall be in effect from the date of the award until July 1, 2007 7. In order to minimize the possibility of any single vendor being committed to delivering more road salt that he can effectively haul, you are asked to specify a maximum quantity of road salt which you can satisfactorily deliver to the local governments on this bid invitation. If you are the low responsive, responsible bidder on more than the amount you specify, you will be given the opportunity to select those contracts which you most desire. 8. Should a bidder find discrepancies in, or omissions from the special bid conditions and/or specifications or should be in doubt as to their meaning, please notify the City of Fort Collins Purchasing, John Stephen, CPPO, CPPB, Senior Buyer, PO 580, Ft Collins, CO. 80522, (970) 221-6775. If the point in question is not fully set forth, a written addendum will be faxed to the vendors. 10. Price changes will be allowed for increases or decreases in freight rates upon written approval by the hosting agency. Direct all questions to John Stephen, CPPO, CPPB, Senior Buyer, 970-221-6777 or e-mail at jstephen@fcgov.com 14 VI. PRODUCT SPECIFICATIONS Rock Salt, must meet AASHTO Specifications for Sodium Chloride M 143-74, Type 1, Grade 1 or Grade 2 as specified on the bid sheets. In addition, representative samples of delivered material must meet the following maximum moisture content requirements when dried to a constant weight at 105 C: Untreated Sodium Chloride - 2% maximum Sodium Chloride with non-caking and/or anti-freeze additives - 3% maximum Non-caking additive may be called for by the ordering agency and must meet the following specifications. Non-caking additive. Yellow Prussiate of Soda (YPS), or other approved chemical shall be uniformly added to the Sodium Chloride at a ratio of not less than 200 parts per million (200ppm) to produce a non-caking material when subjected to the following test: the materials shall be exposed to two (2) twenty-four moisture cycles from 3% minus moisture by weight to 25% plus moisture and back to 3% moisture. The addition of the YPS to the Sodium Chloride shall be done prior to stockpiling and shall be done in such a manner as to produce a uniform coating throughout all crystals. SA January 2005 15 VII. BID FORM 2006-2007 ROAD SALT 1. Company Name: ____________________________________________________ 2. Vendor Street Address_______________________________________________ 3. City, State, Zipcode ____________________________________________ 4. Vendor Phone ____________________ Fax______________________________ 5. Vendor EMAIL_____________________________________________________ 6. Location of Salt Supplier: __________________________________________ 7. Maximum Hauling Capacity (see Special Condition No. 10) __________Tons 8. Price of Additives: Sodium Chloride Non-Caking, Yellow Prussiate of Soda _____________/Ton SA January 2005 16 BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. 2006-2007 MAPO SALT BID SCHEDULE Bid 5984 AGENCY INVOICE ADDRESS CONTACT PHONE # DELIVERY LOCATION/ WHO UNLOADS/ SPECIAL EQUIPMENT TONS BULK GRADE Additives * PRICE PER TON Adams County Attn: Ellen Gomez 4955 E. 74th Ave. Commerce City CO 80022 Ellen Gomez 303-853-7103 Tim Sterkel 303-853-7136 Salt Dome 8080 Dahlia St. Commerce City, CO Carrier Must Unload Approx. 5000 Bulk 1 Non- Caking City of Brush PO 363 Brush, CO 80723 Row Pennell 970-842-5001 118 Carson Brush, CO Local Gov’t. Assist End Dumps Approx 30 Bulk 1 Non- Caking City of Golden Attn: Public Works 145 10th St. Golden CO 80401 Ron Reavis 303-384-8155 City of Golden Shops 1400 9th. St. Golden, CO 80401 SA January 2005 17 City of Arvada Street Division 6161 Olde Wadsworth Aravada CO 80001-8101 Dave Kotecki 720-898-7721 6161 Olde Wadsworth Aravada CO Carrier Must Unload Approx. 1500 Bulk 1 Non- Caking City of Fort Collins Street Department 625 9th St. PO Box 580 Fort Collins, CO 80522 Stan Welsch 970-416-2091 970-221-6615 625 9th St. Fort Collins, CO Local Gov’t. Assist Rail Approx. 2500 Bulk 1 NON- CAKING City of Brighton Attn: Procurement Ste 106 22 S. 4th Ave. Brighton, CO 80601 Bob Younger Sharon Williams 303-655-2088 401 Longspeak St. Brighton, CO 80601 Carrier Must Unload End Dumps Approx. 100 Bulk 1 Non- Caking City of Northglenn 11701 Community Ctr. Dr. Northglenn, CO 80233 Gene Maypole 303-450-4005 12323 Claude Ct. Northglenn, CO Carrier Must Unload SA January 2005 18 Boulder County Road Maintenance 1288 Alaska Ave. Longmont, CO 80501 Bob Kiepe Ted Plank 303-441-3962 Walden Ponds Garage 3897 N 75TH St. Boulder, CO 80303 Carrier Must Unload End Dumps Approx. 750 Bulk 1 Non- Caking City of Lakewood 850 Parfet Street Lakewood, CO 80215 Chris Jacobsen 303-987-7951 850 Parfet St. Lakewood, CO 80215 Carrier Must Unload Firm 2000 Bulk 1 Non- Caking DIA Field Maintenance 27500 E. 80th Ave. Denver, CO 80249 Jeff Bartleson 303-342-2764 88th Ave. Gate #15 Denver, CO 80249 Carrier Must Unload Approx. 1000 Bulk 1 None Town of Parker 20120 E. Mainstreet Parker, CO 80138-7334 Steve Nyhus 303-805-3216 Town of Parker Salt Barn 17801 E. Plaza Dr. Parker, CO 80134 Carrier Must Unload Approx. 700 Bulk 1 Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com CITY OF FORT COLLINS INVITATION TO BID BID 5984 BID OPENING: 3:00 p.m. (our clock), June 23, 2006 Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, 215 North Mason, 2nd Floor, Fort Collins, Colorado 80524, at the time and date noted on the bid proposal and/or contract documents. The Agencies including Cities of Fort Collins, Brush, Golden, Aurora, Commerce City, Arvada, Brighton, Thornton, Westminster, Lakewood, Parker and Counties of Adams, Jefferson, El Paso, and DIA and acting collectively through their authorized procurement officials respectfully request separate sealed Bids for the purchase of Bulk Road Salt. Total approximate amount of Rock Salt is 27,000 Tons. Bids shall be in a sealed envelope, plainly marked "MAPO BID # 5984/2006-151. Bids must be received at the Purchasing Office prior to 3:00 P.M. (Our Clock), June 23, 2006. 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 N. Mason 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. 2 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 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. 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. James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Hosting Agency – City of Fort Collins 3 INDEX OF CONTENTS I. INVITATION TO BID II. INDEX OF CONTENTS III. INSTRUCTIONS TO BIDDERS IV. TERMS AND CONDITIONS V. SPECIAL INSTRUCTIONS TO BIDDERS a. COLLECTIVE b. SPECIAL BID CONDITIONS VI. PRODUCT SPECIFICATIONS VII. BID FORM AND SIGNATURE PAGE 4 III INSTRUCTIONS TO BIDDERS 1. BID OPENING AND AWARD Bids will be examined promptly after opening, and an abstract will be provided upon request. (Supply a self addressed, stamped envelope with your Bid.) NO BID RESULTS WILL BE GIVEN OVER THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the Bid Opening date. 2. AGENCIES The Host Agency is the Agency who is facilitating this Bid. Agencies is defined as the Agencies participating in the Bid. 3. BIDDER QUALIFICATIONS No Bid shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to any participating Agency, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the Agencies or that is deemed irresponsible or unreliable by the individual Agencies. If requested, Bidders shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service Bid upon and that they have the necessary financial resources to provide the proposed supply/service called for as described in the attached Technical Specifications. 4. BID FORM Each Bidder must submit an original Bid and additional copies as required on the forms attached. The Bidder shall sign his Bid correctly, and the Bid may be rejected if it shows any omissions, alterations of the form, additions not called for, conditional Bid, or any irregularities of any kind. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. 5. SPECIFICATION DEVIATIONS BY THE BIDDER Any deviation from this specification MUST be noted in detail, and submitted in writing on the Bid Form. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications, will hold the Bidder strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Bids, the Bidder's name should be clearly shown on each document. 6. BIDDER REPRESENTATION Each Bidder must sign the Bid with their usual signature and shall give their full business address on the form provided in this Bid. Bids by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the President, Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 5 7. BROCHURES Bids shall include adequate brochures, latest printed specifications and advertising literature, describing the product offered in such fashion as to permit ready comparison with our specifications on any item-by-item basis where applicable. 8. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS All changes in Bid documents shall be through written addendum and furnished to all Bidders. Verbal information obtained otherwise will NOT be considered in awarding of Bids. 9. BID CHANGES Bids, amendments thereto, or withdrawal requests received after the time advertised for Bid Opening, will be void regardless of when they were mailed. 10. BASIS OF BID AWARD Award of Bid shall be made to the lowest responsive, and responsible Bidder(s) meeting the specifications. The following is a partial list of the criteria that may be used in the award of this Bid. A. Superior quality and adherence to specifications B. Adequate maintenance and service C. Delivery and/or completion time D. Guarantees and Warranties E. Company's reputation and financial status F. Past experience and cost with same or similar equipment or service G. Anticipated future cost and experience 11. INSURANCE For SERVICES requiring contractor's presence on any Agency property, the successful Bidder shall, during the term of this Agreement and until completion thereof, provide and maintain the following minimum coverages: Type of Insurance Minimum Limits of Liability Standard Workers' Compensation & Statutory in conformance with the Employers' Liability Including compensation laws of the State of Occupations Disease Coverage Colorado Comprehensive General Liability $ 150,000 each person; Insurance $1,000,000 each occurrence Comprehensive Automobile Liability $ 150,000 each person; Insurance $1,000,000 each person Umbrella Liability Coverage $1 million The successful Bidder shall affect the insurance policies in a company or companies and in a form satisfactory to the Owner. Before commencing any performance under this Agreement, successful Bidder shall deliver, to each Agency, Certificates of Insurance issued by the insurance company, 6 and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include each individual entity as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10- 101, C.R.S., as amended. 12. DELIVERY DATE The delivery time, as stated in the Bid Form, shall be the time required to deliver the complete item after the receipt of the order or award of the Contract. Where multiple items appear on a Bid request, the Bidder shall, unless otherwise stated by the participating Agencies, show the delivery time for each item separately. If only a single delivery time is shown, it will be assumed to mean that all items included in the Bid can and will be delivered on or before the specified date. The Bidder agrees that the delivery will be completed in the time stated assuming that the time between the Bid Opening and the placing of the order, does not exceed the number of days so stipulated. The right is reserved to reject any Bid in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity/service is intended. 13. CASH DISCOUNTS Cash discounts should be so stated on the Bid Form. Prices bid must, however, be based upon payment in thirty (30) days. In all cases, cash discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later. 14. TIE BIDS In the case of tie Bids, the Agencies reserve the right to make the award based on the factors previously outlined in paragraph number ten. 15. BID REJECTION OR PARTIAL ACCEPTANCE The Agencies reserve the right to reject any or all Bids. They further reserve the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bid or Bids where they deem it advisable in protection of the best interests of the Agencies. 16. INVOICES Individual purchase orders will be assigned to the successful Bidder(s) from the participating Agencies in this Bid and each is to be invoiced separately. All invoices submitted must show the respective Agency's purchase order number. 17. PAYMENTS Payments will be made for all goods/services delivered within 30 days of receipt and acceptance of delivery. 7 18. MODIFICATION, ADDENDA AND INTERPRETATIONS Any apparent inconsistencies, or any matter seeming to require explanation or interpretation, must be inquired into by the Bidder at least 72 hours (excluding weekends and holidays) prior to the time set for the Bid Opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract Documents and shall be acknowledged and dated on the Bid Form. All requests for information should be in writing or telephoned to the Host Agency. 19. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations of all Agencies having jurisdiction shall apply to the award throughout and incorporated here by reference. 20. SUBCONTRACTING No portion of this Bid may be subcontracted without the prior written approval by each Agency. 21. TELEGRAPHIC/ELECTRONIC BID SUBMITTAL Telegraphic and/or Bid offers sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Bid either by air freight, postal service, or other means. 22. MISCELLANEOUS The Agencies reserve the right, either collectively or separately, to reject any and all Bids or parts thereof. The participating Agencies reserve the right to inspect vendor's facilities prior to the award of this Bid. The Agencies reserve the right, either collectively or separately, to negotiate optional items with the successful Bidder. 23. COOPERATIVE BIDDING Other governmental agencies may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies. Requests for participation of other Agencies will be coordinated by the MAPO Agency hosting the Bid The Host Agency may notify the vendor(s) and the Agency wishing to participate, in writing. 8 IV TERMS AND CONDITIONS 1. MODIFICATION OF AGREEMENT No modification of award shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency. 2. WARRANTIES Bidder warrants that all articles, materials and work will conform within applicable drawings, specifications, samples and/or other descriptions given to Agencies, and will be free from defects. Without limitation of any rights which Agencies may have by reason of any breach of warranty, goods which are not as warranted may be returned at Bidder's expense at reasonable time after delivery, for either credit or replacement, as each participating Agency may direct. 3. OVERSHIPMENTS Material shipped in excess of quantity ordered may be returned at Bidder's expense. 4. CANCELLATION Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 5. PATENT GUARANTEE Bidder shall, with respect to any device or composition of Bidder's design or Bidder's standard manufacture, indemnify and hold harmless each participating Agency, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent, by reason of the sale of normal use of such device or composition, provided that Bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by the Agencies. 6. TERMINATION OF AWARD FOR CAUSE If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner its obligations or if the successful vendor shall violate any of the covenants, agreements or stipulations of the award, the Agency shall thereupon have the right to terminate the award by giving written notice to the successful Bidder of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the successful Bidder shall, at the option of the Agency, become its property, and the successful Bidder shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful vendor shall not be relieved of liability to the Agency for damage sustained by the Agency by virtue of breach of the award by the successful vendor and the Agency may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the Agency from the successful vendor is determined. 9 10 7. TERMINATION OF AWARD FOR CONVENIENCE The Agency may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Bidder under the award shall at the option of each Agency become its property. If the award is terminated by each Agency as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Bidder covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Bidder, termination of award for cause, relative to termination shall apply. 8. ACCEPTANCE OF TERMS BY SHIPMENT Shipment of all or any portion of the goods covered by this order shall be deemed an acceptance of the Bid upon the terms and prices set forth herein. 9. ASSIGNMENT Bidder shall not assign this order nor any monies to become due hereunder without the prior written consent of each Agency. Any assignment or attempt at assignment made without such consent of the Agency shall be void. 10. TAXES The Agencies are exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Bid. Bidder shall obtain all appropriate tax exemption certificates from the Agencies. 11. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. 12. AMERICANS WITH DISABILITIES ACT It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans With Disabilities Act may be required, upon request, by any participating Agency. 13. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. 11 14. PROPRIETARY INFORMATION All information included in any Bid that is of a proprietary nature must be clearly marked as such. Each Agency shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. Because of the need for public accountability, the following information concerning the Bid will not be considered proprietary, even if such information is clearly marked as such: prices of Bid, non- financial information concerning compliance with specifications, guarantees and warranties. 15. COMPETITIVENESS AND INTEGRITY The collective Agencies have assigned control of this acquisition process to the Host Agency identified in the Bid Notice of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Offerors are to direct all communications regarding this Bid to the designated Host Agency, unless otherwise specifically noted. Attempts by offering firms to circumvent this requirement will be viewed negatively and may result in rejection of the offer of the firm found to be in non-compliance. The Host Agency may refer communications to other participating Agencies for clarification. 16. FOB POINT The FOB point shall in all cases be destination(s). If freight is charged to any of the Agencies, the vendor will prepay and add. 17. CREDIT If a vendor places any dollar limitations for credit extended on a purchase order, the participating Agencies will consider such limitations in the evaluation of the Bids. Any credit limits without justification may cause the Agencies to disqualify the Bid. Additionally, MAPO Agencies will not complete credit applications. 12 V. SPECIAL INSTRUCTIONS TO BIDDERS Road Salt Requirements for the 2006-2007 Colorado Political Subdivisions a. COLLECTIVE 1. Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. 2. Releases to be made as required throughout the period of the award. Consideration will be given to vendors with a favorable firm price period with no minimum release requirements. 3. Prices must remain in effect from Date of Award through July 1, 2007. 4. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies unless fixed quantities are stated. In the event of any emergency where quick delivery is a necessity and the successful bidder cannot meet the time constraints, the political subdivision may order from another vendor in order to meet that emergency only. 5. Vehicles shall not be operated on any roadway in excess of the legal weight limitation. The contractor shall be responsible for any and all fines incurred for being overloaded as well as any other safety or moving violations. Overweight trucks will not be accepted or unloaded. 6. All equipment must comply with city, county, state and DOT rules, regulations, requirements, etc. which apply. All operators must be properly licensed for the type of equipment being operated. The Local Agency reserves the right to reject any improperly licensed equipment or operator. 7. This award shall be available for use by Local Governments and Political sub- divisions in the state of Colorado. 8. This award may be extended for an additional 2 (two) twelve (12) month periods, contingent upon future years funding, and agreement of the Agencies and vendor. 9. Results will not be given by phone. For bid results, please go to www.fcgov.com/purchasing and look for the bid results. b. SPECIAL BID CONDITIONS 1. All orders will be in truck load quantities or railcars. 2. All prices quoted are to be F.O.B. destination. All salt to be bulk delivery as designated per attached sheets. No deliveries will be accepted on either Saturday or 13 Sunday, unless permission has been previously granted by the ordering agency. At least twenty-four (24) hours prior notice must be given before any delivery will be accepted at any destination unless the condition is waived by the political subdivision when the order is placed with the vendor. All deliveries must be accompanied by a certified weight ticket, otherwise the shipment may be refused. Unloading instructions will vary depending upon the need of each political subdivision and are given on the bid sheets in detail. Additional delivery instructions which do not affect the vendor’s cost may be included on the blanket purchase order. 3. A blanket purchase order will NOT be issued by the State of Colorado on behalf of the political subdivision. Each agency will send a purchase order to the Vendor. If any problems arise in the performance of the resulting contract, the hosting agency, City of Fort Collins, should be notified immediately and will assist in the problems solution. 4. After October 15, 2006 all orders of from one (1) to five (5) truck loads must be delivered within 10 (10) working and orders of more than five (5) truck loads must be delivered within twenty (20) working days. For each day beyond those deadlines in which delivery is made, twenty-five dollars ($25) shall be deducted from any monies due the vendor, not as a penalty but as liquidated damages notwithstanding any act of God. In the event that the vendor fails, refuses or otherwise declines to perform in accordance with the terms of the contract, the political subdivision may then purchase the road salt ordered from the vendor from any other source and the vendor shall be liable for the difference between the contract prices and the purchasing price of said material in addition to any liquidated damages that are due and owing the political subdivision. Termination of the contract will be done by notifying both the vendor and the City of Fort Collins, in writing, in the event of the vendor’s failure to perform. 5. Any representative samples of delivered material that fail to meet the specifications relative to gradation or moisture content will be penalized succeeding deliveries failing to meet specifications. 6. The resulting contract shall be in effect from the date of the award until July 1, 2007 7. In order to minimize the possibility of any single vendor being committed to delivering more road salt that he can effectively haul, you are asked to specify a maximum quantity of road salt which you can satisfactorily deliver to the local governments on this bid invitation. If you are the low responsive, responsible bidder on more than the amount you specify, you will be given the opportunity to select those contracts which you most desire. 8. Should a bidder find discrepancies in, or omissions from the special bid conditions and/or specifications or should be in doubt as to their meaning, please notify the City of Fort Collins Purchasing, John Stephen, CPPO, CPPB, Senior Buyer, PO 580, Ft Collins, CO. 80522, (970) 221-6775. If the point in question is not fully set forth, a written addendum will be faxed to the vendors. 10. Price changes will be allowed for increases or decreases in freight rates upon written approval by the hosting agency. Direct all questions to John Stephen, CPPO, CPPB, Senior Buyer, 970-221-6777 or e-mail at jstephen@fcgov.com 14 VI. PRODUCT SPECIFICATIONS Rock Salt, must meet AASHTO Specifications for Sodium Chloride M 143-74, Type 1, Grade 1 or Grade 2 as specified on the bid sheets. In addition, representative samples of delivered material must meet the following maximum moisture content requirements when dried to a constant weight at 105 C: Untreated Sodium Chloride - 2% maximum Sodium Chloride with non-caking and/or anti-freeze additives - 3% maximum Non-caking additive may be called for by the ordering agency and must meet the following specifications. Non-caking additive. Yellow Prussiate of Soda (YPS), or other approved chemical shall be uniformly added to the Sodium Chloride at a ratio of not less than 200 parts per million (200ppm) to produce a non-caking material when subjected to the following test: the materials shall be exposed to two (2) twenty-four moisture cycles from 3% minus moisture by weight to 25% plus moisture and back to 3% moisture. The addition of the YPS to the Sodium Chloride shall be done prior to stockpiling and shall be done in such a manner as to produce a uniform coating throughout all crystals. SA January 2005 15 VII. BID FORM 2006-2007 ROAD SALT 1. Company Name: ____________________________________________________ 2. Vendor Street Address_______________________________________________ 3. City, State, Zipcode ____________________________________________ 4. Vendor Phone ____________________ Fax______________________________ 5. Vendor EMAIL_____________________________________________________ 6. Location of Salt Supplier: __________________________________________ 7. Maximum Hauling Capacity (see Special Condition No. 10) __________Tons 8. Price of Additives: Sodium Chloride Non-Caking, Yellow Prussiate of Soda _____________/Ton SA January 2005 16 BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. 2006-2007 MAPO SALT BID SCHEDULE Bid 5984 AGENCY INVOICE ADDRESS CONTACT PHONE # DELIVERY LOCATION/ WHO UNLOADS/ SPECIAL EQUIPMENT TONS BULK GRADE Additives * PRICE PER TON Adams County Attn: Ellen Gomez 4955 E. 74th Ave. Commerce City CO 80022 Ellen Gomez 303-853-7103 Tim Sterkel 303-853-7136 Salt Dome 8080 Dahlia St. Commerce City, CO Carrier Must Unload Approx. 5000 Bulk 1 Non- Caking City of Brush PO 363 Brush, CO 80723 Row Pennell 970-842-5001 118 Carson Brush, CO Local Gov’t. Assist End Dumps Approx 30 Bulk 1 Non- Caking City of Golden Attn: Public Works 145 10th St. Golden CO 80401 Ron Reavis 303-384-8155 City of Golden Shops 1400 9th. St. Golden, CO 80401 Carrier Must Unload End or Belly Dumps SA January 2005 17 City of Arvada Street Division 6161 Olde Wadsworth Aravada CO 80001-8101 Dave Kotecki 720-898-7721 6161 Olde Wadsworth Aravada CO Carrier Must Unload Approx. 1500 Bulk 1 Non- Caking City of Fort Collins Street Department 625 9th St. PO Box 580 Fort Collins, CO 80522 Stan Welsch 970-416-2091 970-221-6615 625 9th St. Fort Collins, CO Local Gov’t. Assist Rail Approx. 2500 Bulk 1 NON- CAKING City of Brighton Attn: Procurement Ste 106 22 S. 4th Ave. Brighton, CO 80601 Bob Younger Sharon Williams 303-655-2088 401 Longspeak St. Brighton, CO 80601 Carrier Must Unload End Dumps Approx. 100 Bulk 1 Non- Caking City of Northglenn 11701 Community Ctr. Dr. Northglenn, CO 80233 Gene Maypole 303-450-4005 12323 Claude Ct. Northglenn, CO Carrier Must Unload SA January 2005 18 Boulder County Road Maintenance 1288 Alaska Ave. Longmont, CO 80501 Bob Kiepe Ted Plank 303-441-3962 Walden Ponds Garage 3897 N 75TH St. Boulder, CO 80303 Carrier Must Unload End Dumps Approx. 750 Bulk 1 Non- Caking City of Lakewood 850 Parfet Street Lakewood, CO 80215 Chris Jacobsen 303-987-7951 850 Parfet St. Lakewood, CO 80215 Carrier Must Unload Firm 2000 Bulk 1 Non- Caking DIA Field Maintenance 27500 E. 80th Ave. Denver, CO 80249 Jeff Bartleson 303-342-2764 88th Ave. Gate #15 Denver, CO 80249 Carrier Must Unload Approx. 1000 Bulk 1 None Town of Parker 20120 E. Mainstreet Parker, CO 80138-7334 Steve Nyhus 303-805-3216 Town of Parker Salt Barn 17801 E. Plaza Dr. Parker, CO 80134 Carrier Must Unload Approx. 700 Bulk 1 Non- SA January 2005 19 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ____________________________, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ____ (____) page[s], and incorporated herein by this reference. 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. [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 ninety (90) days prior to contract end. SA January 2005 20 4. Contract Period. [Option 2] 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. 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 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: __________________________ ______________________________ __________________________ ______________________________ __________________________ ______________________________ SA January 2005 21 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. 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. SA January 2005 22 12. 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. 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 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. 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 SA January 2005 23 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 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. SA January 2005 24 19. 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:_____________________________ ATTEST: _________________________________ City Clerk APPROVED 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:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY 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. Caking Name of Company______________________________________________________Date__________ Signature _________________________________________ Name (Print)_______________________________________ Title_______________________________ Delivery _________________________________________ Payment Terms___________________________________ End Dumps Approx 1500 Bulk 1 Non- Caking El Paso County DOT 3460 N. Marksheffel Rd. Colorado Springs, CO 80922 Leslie Schaffer 719-520-6821 3460 N. Marksheffel Rd. Carrier Must Unload End or Belly Dumps Approx. 4000 Bulk 1 Non- Caking Jefferson County 21401 Golden Gate Canyon Rd. Golden, CO 80403 Johnnie May 303-271-5233 21401 Golden Gate Canyon Rd. Golden, CO 80403 Carrier Must Unload End Dumps Approx. 3500 Bulk 1 Non- Caking City of Thorton 9500 Civic Center Dr. Thorton, CO. 80229 Mason Staub 303-538-7625 Bob Winzent 303-255-7627 12450 Washington St. & 8651 Riverdale Rd. Thornton, CO 80229 Carrier Must Unload Approx. 500 Bulk 1 Non- Caking Approx. 200 Bulk 1 Non- Caking City of Aurora Street Division 15740 E 32nd Ave. Aurora, CO 80011 Kim Quante 303-326-8200 15740 E 32nd Ave & 14303 E Hampden Aurora, CO Carrier Must Unload Approx. 1000 Bulk 1 Non- Caking City of Commerce City Street Maintenance Box 40 Commerce City, CO 80022 Sam Hoover 303-284-8146 Leonard Dietz 303 284-8147 8625 Ulster Commerce City, CO Local Gov’t. Assist Approx 400 Bulk 1 Non- Caking Non- Caking Name of Company______________________________________________________Date__________ Signature _________________________________________ Name (Print)_______________________________________ Title_______________________________ Delivery _________________________________________ Payment Terms___________________________________ End Dumps Approx 1500 Bulk 1 Non- Caking El Paso County DOT 3460 N. Marksheffel Rd. Colorado Springs, CO 80922 Leslie Schaffer 719-520-6821 3460 N. Marksheffel Rd. Carrier Must Unload End or Belly Dumps Approx. 4000 Bulk 1 Non- Caking Jefferson County 21401 Golden Gate Canyon Rd. Golden, CO 80403 Johnnie May 303-271-5233 21401 Golden Gate Canyon Rd. Golden, CO 80403 Carrier Must Unload End Dumps Approx. 3500 Bulk 1 Non- Caking City of Thorton 9500 Civic Center Dr. Thorton, CO. 80229 Mason Staub 303-538-7625 Bob Winzent 303-255-7627 12450 Washington St. & 8651 Riverdale Rd. Thornton, CO 80229 Carrier Must Unload Approx. 500 Bulk 1 Non- Caking Carrier Must Unload End or Belly Dumps Approx. 200 Bulk 1 Non- Caking City of Aurora Street Division 15740 E 32nd Ave. Aurora, CO 80011 Kim Quante 303-326-8200 15740 E 32nd Ave & 14303 E Hampden Aurora, CO Carrier Must Unload Approx. 1000 Bulk 1 Non- Caking City of Commerce City Street Maintenance Box 40 Commerce City, CO 80022 Sam Hoover 303-284-8146 Leonard Dietz 303 284-8147 8625 Ulster Commerce City, CO Local Gov’t. Assist Approx 400 Bulk 1 Non- Caking 6575 W. 88th Ave. Westminster, CO 80031 Pat Sexton 303-430-2400 ext. 2521 3070 Huron street Westminster, CO. AND 6575 W. 88th Ave. Westminster, CO 80031 Carrier Must Unload End Dumps APRX 2000 AND 2500 TOTAL OF 4500 Bulk 1 Non- Caking Name of Company______________________________________________________Date__________ Signature _________________________________________ Name (Print)_______________________________________ Title_______________________________ Delivery _________________________________________ Payment Terms___________________________________ 1500 Bulk 1 Non- Caking El Paso County DOT 3460 N. Marksheffel Rd. Colorado Springs, CO 80922 Leslie Schaffer 719-520-6821 3460 N. Marksheffel Rd. Carrier Must Unload End or Belly Dumps Approx. 4000 Bulk 1 Non- Caking Jefferson County 21401 Golden Gate Canyon Rd. Golden, CO 80403 Johnnie May 303-271-5233 21401 Golden Gate Canyon Rd. Golden, CO 80403 Carrier Must Unload End Dumps Approx. 3500 Bulk 1 Non- Caking City of Thorton 9500 Civic Center Dr. Thorton, CO. 80229 Mason Staub 303-538-7625 Bob Winzent 303-255-7627 12450 Washington St. & 8651 Riverdale Rd. Thornton, CO 80229 Carrier Must Unload Approx. 500 Bulk 1 Non- Caking Approx. 200 Bulk 1 Non- Caking City of Aurora Street Division 15740 E 32nd Ave. Aurora, CO 80011 Kim Quante 303-326-8200 15740 E 32nd Ave & 14303 E Hampden Aurora, CO Carrier Must Unload Approx. 1000 Bulk 1 Non- Caking City of Commerce City Street Maintenance Box 40 Commerce City, CO 80022 Sam Hoover 303-284-8146 Leonard Dietz 303 284-8147 8625 Ulster Commerce City, CO Local Gov’t. Assist Approx 400 Bulk 1 Non- Caking