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HomeMy WebLinkAboutBID - 6004 LP SALE OF TRANSFORMERS (2)City of Fort Collins Bid Proposal BID 6004 LP Sale of Transformers BID DATE: 2:00 P.M. (Our clock) October 31, 2006 CITY OF FORT COLLINS INVITATION TO BID BID # 6004 LP Sale of Transformers The City of Fort Collins is accepting bids for Surplus Transformers. 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 80524, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:00 p.m. (our clock), October 31, 2006. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be 09/ 12/01 rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management 09/12/01 FIRM NAME: CITY OF FORT COLLINS BID PROPOSAL BID NO. 6004 LP Sale of Transformers BID DATE: 2:00 p.m. (Our clock) October 31, 2006 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LP Sale of Transformers PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS. The City of Fort Collins is accepting bids for Surplus Transformers. This contract shall be for a term of one year with an option by the City of Fort Collins to renew for four additional years upon successful negotiations and satisfactory performance. Contract shall commence November 15, 2006. Pole type transformers (single phase) $ per KVA Three phase Pad type transformers $ per KVA Single phase padmount transformers $ per KVA *Modified Pole type transformers (single phase) $ per KVA *Pole -type modified for submersible application by replacing overhead bushing with a bushing well. A copy of the Transformer Sale Procedures is attached for review by each bidder. 1) All units are offered for sale on an "as is" basis without benefit of warranty by the City of Fort Collins. All transformers included on this bid are classified as non -PCB. Units shall be purchased FOB Point of Shipment 2) The City reserves the right to reject any or all bids; and/or to request a re -bid from other sources for the same units should this bid be unsatisfactory. We also reserve the right to award the contract for the units specified, either in whole or in part, if it is in the best interest of the City to do so. 3) The buyer will be responsible for all freight charges to their facility. The City of Fort Collins' Warehouse personnel will load the transformers onto the buyer's truck from our yard. The successful bidder shall indemnify, save, and hold harmless the City of Fort Collins against any loss, cost, damage, claim expense or liability whatsoever because of accident or injury to persons or property occurring in connection with the operation under this proposal. The buyer agrees that all goods and services received pursuant to this agreement will be managed in compliance with all applicable local, state and federal laws and regulations. 4) All sales will be final, and payment (by certified check only) shall be made prior to pick- up of the units. Transformers must be removed from the City's Warehouse yard within thirty (30) working days after notification of available surplus. 09/12/01 5) Collusive or sham proposals: Any bid deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. 6) If the buyer has any questions regarding the bid contact Opal F. Dick, CPPO, Senior Buyer, at (970) 221-6778. 7) If the buyer has any questions regarding the transformers contact Steve Serna at (970) 221-6709. NAME: ADDRESS AUTHORIZED SIGNATURE TITLE TELEPHONE NUMBER: AREA CODE ( ) FAX NUMBER(_) 09/12/01 A. TRANSFORMER SALE PROCEDURE (City = City of Fort Collins personnel) (Buyer = authorized purchaser as designated by bid) 1. City will run a list, by KVA, of transformers to be sold. The list will show ID number, KVA, manufacturer, age, type, voltages and features for each transformer. 2. At the buyer's request, City will draw oil samples to be sent for testing at the Buyer's facility. all testing costs will be incurred by the Buyer. 3. Buyer will send notification of intent to purchase the transformers on the list. Buyer is obligated per the bid terms to purchase all the units listed. 4. Buyer will submit a certified check for the entire amount of purchase to: Material Control City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 *** THE CERTIFIED CHECK MUST BE RECEIVED BY MATERIAL CONTROL PERSONNEL PRIOR TO PICK-UP OF THE TRANSFORMERS*** 5. Twenty-four (24) hours notice must be given prior to transformer pick up by calling: (970) 221-6387 between 7:00 a.m. and 3:30 p.m. 6. Transformers must be picked up at the City Warehouse yard (700 Wood St.) within 30 (thirty) days of notice of available surplus. Pick up times will be between 8:00 a.m. to 2:00 p.m., Monday through Friday only. 09/ 12/01 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment had indices in duplicate to: City of Fort Collins Accounting DMsion PO Box 580 Fort Collins, CO BM22 Tax Wemplans. By some the Coy of Fort Cullers is exempt from state and local taxes. Our Exemption Number is 1]8-04502. Federal Excise Tax Exemption Certificate d Registry 84-61=587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shilutem 1973, Chapter 38-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet spedflcetions, either when shipped or due to defects of damage in tressit, may be returned to you for creek aid are not to be replaced except upon receipt of whom instructions from the City of Fat Collins. Inspection. GOODS are subject W Me City of Fad Collins inspection an arrival. Final Acceptance. Receipt of Me merchandise, services or equipment in response to this ceder can result in audhaized payment an Me part of Me Coy of Fort Ca1Fa. However, k Is fo h underelood that FINAL ACCEPTANCE is depended upon completion of all applkabb required Inspection procedures. Freight Terms. Shipments most be FOB., Coy of Fort Collins, 700 Wood St., Fort Collins, CO 8W22, unless othawiee sped8ed on Me order. If permission is given to prepay freight and charge separately, the original freight bill must accompany Inmice. Additional Wrges for pecking will not to accepted. Shipment Distance. Where manufacturers have distributing points in various parts of Me country, shipment is expected from Me nearest Mislrbutior point to cessation, and excess freight will be deducted from hadus when shipments am made from greater distend. Pe ems Seller shell padre M sellers safe cost all necessary permits, certificates and lenses exhaled by all applicable laws, regulations, ordinances and rules of me sate, municipally, territory or pollidl suhivision whew the work Is Performed, or required by any other duly oanetituted public authority having Radiation over the work of vendor, Sew further agrees to hold the City of Fat Callan harless ran ant against all liability and lose hdmd by them by reason of an seemed or esbMihea vioallon of any such awe, regulations, on iances, orbs ant requirements. Author¢atlon, All parses to m s added agree Mal the repmenatNs are, in fad, boa fide and pusses full and compete authority to bird mid parties. LIMITATION OF TERMS- The Purchase Order expremsty limits aocepand to the tame and conditions sated herein set tout and any supplemerary or adrdand terms and conditions annexed hereto or oreohparated heron by romance. Any additional or dillerert terms and conditions proposed by saw am objec ud W and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately o you cannot make complete shipment to arrive an your promised delivery dab as haled. Time is of Me essence. Delivery and performance must he affected within the tone slated an the purchase order arm the documents ahached hereto. No acts of Me Purchasers including, wohu( limitation, acceptance of parhl We deliveries, shall operate as a walvm of the proviskm. In Me event d any delay, the Purchaser Mall have, in addition to after legal and whim his remedies, the option of plecing the oiler elaevhere ant holding Me Seller liable for damage. However, Me Seller sell not to liable for damages as a result of delays due to dupes rd reasonably foresemble which are beyond his reasonable oomrol and without as fault d negligence, such ads of Gad, acts of did or military authorities, gover don al promifte, fired, wrikee, flood, epldemid, warn or dots povlded that notice of the conditions causing such delay is given to to Purchaser whin five (5) days of the gore when the Salim first received knowledge theeoef. In Me ,vent of any such delay, the dot. of delivery Mall be extended fa Me dend equal to the gore actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, materials arm work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for to purposes Idended. and peramed with the highest degree of ere and competence in accordance with accepted standards for wok of a shallow nature. The Seiler agrees to hold the purchmer harmless from any bra, damage or expense which to Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shelf replace, repair or make good, wohout cast to the purchaser, any defects or faults arahg whom one (1) year or within such lower period of tone as may be prescribed by law or by Me term of any applicable warrardy provided by the Seller after Me dale of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), imaging from imperfect or defective work done w mdeae fumahed by the Seller. Acceptance of use of goods by the Purchaser shall not consulate a waiver of any clean under this warranty. Except as otherwise provided in Mls purchase order, the Sellers labiloy hereunder shall exlend to all damages proximately caused by Me breach of any of the foregoing warranties or gumanless, but such lability shall in no event include ks,s of India or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser, may make charges to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lems, other than legal tars, including additions to or deletions tram the quantities originally ached in the specficatiam or drawings, by verbal or written charge order. If any such change affects the amount due or the time of Perforance hereunder, an equable adjustment shall be made. S. TERMINATIONS. The Purchaser may at any lime by written change odor, (mmiate the agreement as to any or all pardons of the goods Man tot shipped, subject to any equitable adjustment between Me parties as to any wok or materials then in program provided that the Purchaser sail of be liable for any claims far anticipated profits on the uncompleted portion of the goods and/or work, for incidental or cammumgal damages, and that no such adjustment he made in favor of the Seller with rspect to any goods when are the Sellers standard sack. No such termirefinn Mall relieve the Purchases or the Seller of any of their obligations as to any goods dethroned hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mud be asserted within thirty 130) days from the date the change or termination is .mood. S. COMPLIANCE WITH LAW. The Seller warrants that all goods s.M hereunder Mall "%a been Produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler Mall execute antl deliver such documents as may be required to effect or evidence compliance. All laws ant regulations required to be incorporatetl in agreements of this ehan der me hereby inarporated herein by this reference. The Seller agrees to indemnify and hold the Purds,sec Mariam from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. B. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any manias due or to beams due hereumm without the prior written consent of the other party. 10. TITLE. The Salim warrants full, dear and unrestricted tide to Me Purchaser for IN .qupm d materke, and kerns funds ed in performance of this agreement, free ant dear of any and all [lam, restrictions, reservations, secialy moseel encumbrances antl claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perforand of the terms and conditions, hared, failure or delay to exerdse any rights or remedies provided herein or by law, faitae to promptly notify the Seller in Me exam of a breech, the acceptance of or payment for goods hereunder or approval of the design, shall m1 names the Sefer If any of the maantis or ablgaOona of the purchase oiler and sal has be downed a waiver of any right of Me purchaser to ideal upon strip performed, haed or any of fle rights m n madme as to any such goods, regardless of when shipped, rec.Nnd or accepted, as to any prior or subsequent default hereunder, nor well any puponed coal modification or resolution ofthis purchase order by the Purchaser operate as a waiver of any of the lams, head. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Saw and the Purchaser recognize hat in actual mandmn practice, overcharges pending from antitrust viomore are in fact bone by the Purchase. Theretofore, for good dose and as conslderation for s ecNkg Me purchase order, the Seler hereby asgn. to the Purchaser any and all claims o may now have or haresfier acquoad under federal or sate antNusl laws for such overcharges relating W the particular goods or mrNds purchased or scattered! by the Purduw pursuant to the purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Beier to corset nonconforming or defective gouda by a date to he agreed upon by the Purchaser and to Stlhir, and the Sew thereafter indicates ice inability or ureNlognedo to comply; the purchbser may cause the work to be perfared by the most expeditious roam available to it, and the Seller shall pry all comb associated with such work. The Seiler shall robes, the Purchaser ant its contractus d any titer from all lability and claims of any nacre raaulkg from the performance of such work. This release shall apply even in Me event of fault of negligence of the parry released and shall WOW to the directors, officers ant employees of such party. The Sellers contractual oblgmars, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated "a Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or Process, covered by letter, Went, hacemah or copyright, the Seller shall Informally and save hamlem the Purchaser from any ant all delta for infringement by reason of Me we of such patented design, device, material or proem in connection wind the contract, and mail indemnify the Purchaser for any mid, Wpanss or damage shah f may be obliged to Pay by mean of such in ringamerd st any time Mang the pmseWan or eider Ma common of the wail. In dead mid equipment, or any part thereof or Me intended was of the gouda, is in each suit held to ansMWe infringement and Me use, of met equipment or pad is enjoined, the Sew Mal, at its own tapers,s and at its option, either Rame for the Purchaser the right to continue using met equnpmard or parts, replace the dome with substantially equal but anirdringi g egulpment. or modify it m k becomes orthdringim, 15. INSOLVENCY. If the Seller Mal become irs,olvem or bankrupt, make an amgnment lor the bennik of creditors, appoint a receiver or imsis he any of the Seller property or business, this outer may forthwith h candled by the Pureaam without hablloy. 18. GOVERNING LAW. The definition, of terms used of the ntexprobdon of the agreement and the rights of all parties hereunder shelf be amounted under and gommeM by Me laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smvics of Sellers Represerka[ivejs), on Me premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an ram wail at Seller's own risk until the mere a fully completed and accepted, and shall, in case of any added, condction or Injury to Me work and/or materials bean Selle/s final completion and acceptance, complete the work at Selels own expense and W th Walachian of Me Purchaser. When mateab arm equipment are famished by others for Installation or erection by Me Salver, Me Sew sag receive, unload, stare and handle same at to site and became responsible therefore as (hough such materials andlor equipment were being famish d by the Seller under the order. 18. INSURANCE. The Seller sail, at his own expense, Prove. for the payment of workers ampenution, looming occupational disease bemMa, to a employes employed on or in connegbn with the world covered by this Purchase order, ensue to their depandmb in accordance with Me laws of Me stab in which the doh is to h done. The Sol. Mal aao carry comprehensive general lability including, but not limited In, contractual and submacbile public fiali insumnd with bodily Injury and death limits of at least $300,00o for any one Person, SSW,000 for any am accident and Property damage limit per accident of 3400,000. The Seller had likewise require his dnba ii k a", to p.YM. for such compmseton and insurance. Before any of the Salim or he contractors employes sal do any work upon Me premises of others, the Saw shall furnish the Purchaser with a comfirem Met each compensation and insurance have ham provided. Such cerlRcats Mal specify the dale when such compensation and insurance have been provided. Such adftcalss sail specify Me date when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until Martha entire work is; omplead and endpred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Salim hereby aasumks the entice respomiNlity and lability for any ant all damage, we or injury of any kind or nature waaoever to persona or property dosed by or resulting now the execution of Me work provided for in the purchase order or in connection herewith. The Seller will indemnify and hold armless the Purchaser and any or all of the Purchasers ofOdm, agents and employees from and against any and all claims, asses, damages, charges or expenses, whether direct or indirect, and whether a persona or property to which the Purchaser may be put or subject by reason of any ad, action, neglect, omission or default on Me pan of the Sella, any of his contractors, or any of the Seam or contractors office s, agents or empbyme. In case any suit or dhm proambrgs sail b , brought again the Purchaser, or its officers, agents or employes at any time on account or by reason of any ad, action, neglect, omission or default of the Salim d any of his contraclore or any of os or Moir officer, agents or employes a. as aforesaid, the Seller hereby agree nd to assume the defense thereof and W defehe come At the Before own Wiese, to pay any and all casts, charges, attorneys fees and other expanses, any and all judgment that may be incurred by or obtained against Me Purchaser or any of a or their oFcem, agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against me pmpany d Me Pumaser, or met parties in or as a result of such sue or other Proceedings, the Seiler will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall hike all safety pre ssuliom, human and befall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wkhoul limitation, the Occupational Safety and Health Ad of 1970 ant all rules and regulations issued pursuant therelo. Blip Revised 11/91 09/12/01