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HomeMy WebLinkAboutBID - 6004 LP SALE OF TRANSFORMERS (4)City of Fort Collins Bid Proposal BID 6004 LP Sale of Transformers City of Fort Collins 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, 2"d 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 Bids may be withdrawn up to the date and hour set for closing.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 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 indemnity, 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 Purchase Oder Terms and Conditions 1. COMMERCIAL DETAILS. Invoke Address. To ensure prompt Payment mail invokes in duplicate to: City of Fort Collins Accounting Division P.O. Box 5B0 Fort Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 9&045M. Federal Excise Tax Exemption Certificate of Registry 84-8000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in aultgrized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pads M the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted berm Invoice Men shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any Other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability ant loss incurred by them by reason M an asserted or established violation of any such laws, regulations, ordinances, rules ant requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide add possess full and compete authority to bird said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions small herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any adfdigonal or different terms and conditions proposed by seller are objected to add hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you can" make complete shipment to arrive on your promisetl delivery date as "ad. Time is of the essence. Delivery and performance must be affectetl within the time stated on the purchass Order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance M partial late deliveries, shall operate as a walver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its faull of negligence, such acts of God, acts of civil or military authorities governmental prior ies, fires, strikes, flood, epidemics, wars or riots provided that notice M the dxmdhlona causing such delay is given to the Purchaser within five (5) days M the time when the Seller first received Imomledge thereof. In the event M any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay, 3. WARRANTY. The Seiler warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or Other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compaterce in accordance with accepted standards for work of a similar nature. The Seller agrees to hdtl the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or detective work done or, materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss M profits 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 changes to legal terms by written change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lemns, other than legal terms, including additions to oc deletions from the quantities originally ordered in the specifications or drawings, by verbal or widen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads aoYor wok, for incidental or consequential damages, and that no such adjustment be made in favor M the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any Maim for adjustment must be asserted within thirty (30) days Irom the date the change or termination is ordered. e. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs antl damages suffered by the Purchaser as a result M the Sellars failure to comply with such law. 9. ASSIGNMENT. Neither pent shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent M the Other party, 10. TIRE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and hems furnished in performance M this agreement, bee and clear M any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms ant conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to pranplly nMity the Seller in the avant cis breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller Many M the warranties or obligations M this purchase order and shall not be deemed a waiver M any right of the purchaser to insist upon strict performance hereof or any of Is rights or remedies as to any such goads, regardless of when shipped, received or accepted, as to any prior Or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver Many of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in tact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this pumbass order, the Seller hereby assigns to the Purchases any and all claims If may now have or hereafter acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I the Purchaser directs the Seller to correct ocnaonforming or defective goods by a dale to be agreed upon by the Purchaser and the Seller, and the Seiler thereafter indicates Its Inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to lt, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser ant its contractors M any tier from all liability and claims M any nature resulting from the performance M such work. This release shall apply even In the event M fault M negligence M the party released and shall extend to the directors, officers ant employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed cr naus col to be pedomed by the Purchaser. 14.PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason M the use of such patented design, device, material or process in connection with the contract, antl shall indemnity the Purchaser for any cog, expense or damage which it may be obliged to pay by reason of such infringement at any lime during the prosecution or agar the completion of the work. In case mid equipment, or any part thereof or Ile intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pad is enjoined, the Seller shall, at its ova expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but non -Infringing equipment, or modify it so it becomes non-inkinging. 15. INSOLVENCY. h the Seller shall become insolvent or bam upt, make an assignment for the benMh M creditors, appoint a receiver or trustee for any M the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions M terms used or the interpretation of the agreement and the rights M all parties hereunder shall be constmed under and governed by the laws M the Slate M Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises M Others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same Is fully compleind and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are lumished by Others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefore as though such materials and/or equipment warn being furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and allomMile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500.000 for any one accident and property, damage limit per accident M 5400,000. The Seiler shall likewise require his contraclers, it any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any won, upon the premises of Others, the Seller shall fumian the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall goody the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed antl accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, knees, damages, charges or expenses, whether direct or indirect, ant whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, anission or default on the pad of the Seller, any of his contractors, or any of the Sellers or contreMors officers, agents or employees. In rase any suit or other Proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any ant, action, neglect, omission or default of the Seller of any of his coductos or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, Chagas, attorneys fees and Other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any M its or their officers, agents or employees in such suits or Other proceedings, and in was judgment or Other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits Or Other proceedings, the Seller will at once cause the same to W dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all salary precautions, furnish and install all guards necessary for the prevention of accidents, comply with all hiss antl regulations with regard to safety including, but wihoul limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. 9/90 Revised 11/91 09/12/01