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HomeMy WebLinkAboutBID - 5408 LP ELECTRIC METER SINGLE PHASEAdmin urative Services Purchasing Division City of Fort Collins INVITATION TO BID Sealed bids will be received and publicly opened at the office of The Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521, ( P O. Box 580, 80522) at the time and date noted on the bid proposal and/or contract documents Bids must be received at the Office of the Director prior to the opening time (our clock) SPECIAL INSTRUCTIONS All bids must be 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by an authorized representative of the company with the legal capacity to bind the company to the agreement Bids may be withdrawn up to the date and hour set for opening Once bids have been accepted by the City and opening time has passed, failure to enter into contract or honor the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 inequity Bid prices must be held firm for a period of forty-five 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 Department will be accepted 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 All bids must be labeled with both the project name and bid number indicated on the bid proposal Bids must be furnished exclusive of any federal excise tax, wherever applicable Bidders must be properly licensed and secure necessary permits wherever applicable Vendors not responding to requests for bid shall be removed from our automated listing for the requested commodities/services The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities Sales Prohibited/Conflict of Interest No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered This rule also applies to subcontracts with the City Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited 256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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 on cement A copy of the Resolution 91-121 is available for review in the Purchasing Division or the City Clerk's office 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 �a �.��-" James B O'Neill, II, CPPO Director of Purchasing & Risk Management FIRM NAME CITY OF FORT COLLINS BID PROPOSAL BID NO 5408 BID OPENING 2 00 p m (our clock), August 11, 1999 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR METERS, ELECTRIC (SINGLE PHASE) PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS Any questions or inquiries regarding this bid should be directed to Opal F Dick, CPPO, Senior Buyer, (970) 221-6778 QUANTITY DESCRIPTION 1152 ea Electric meters single phase, non -demand form 2S class 200, 240 Volt, with Lexan cover Register should have a 5 pointer dial $ Ea $ Total Mfr Mfr # Delivery in weeks DELIVERY WILL BE CONSIDERED AS A PART OF THE AWARD CRITERIA Items being bid meet the above specifications without exception Yes_ No _ If not, please list exceptions, specifying paragraph reference number, on a separate sheet and attach to your bid For purposes of warranty and service ONLY approved manufacturers or distributors authorized by an approved manufacturer to serve the Fort Collins area may bid Approved Manufacturers Landis & Gyr General Electric Schlumberger ABB SIGNATURE AND TITLE TYPED OR PRINTED NAME AND TITLE COMPANY NAME TELEPHONE NUMBER, AREA CODE ADDRESS STREET, CITY STATE, ZIP D 3 Purchase Order Term 1 COMMERCIAL DETAILS Invoice Address To ensure prompt Payment mail Invoices in duplicate to City of Fort Collins Accounting Division P O Box 580 Fort Collins, CO 80522 Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes Our Exemption Number is 98-04502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 authorized 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 parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when 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 and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements Authorization All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected to and hereby rejected 2 DELIVERY PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver 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 fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of 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 Seller warrants that all goods, 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 competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold 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 defective work done or materials furnished s and Conditions 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 of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOS SHALL APPLY 4 CHANGES IN LEGAL TERMS The Purchaser may make changes to legal terms by written change order 5 CHANGES IN COMMERCIAL TERMS The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such chang 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 agreemen as to any or all portions of the goods then 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 profit on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of their obligations a to any goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any claim for adjustment must be asserted within thirty (30) days from the oat the change or termination is ordered 8 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 an regulations required to be incorporated in agreements of this character are hereb incorporated herein by this reference The Seller agrees to indemnify and hold th Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither party shall assign, transfer, or convey this order, or any monies due or t become due hereunder without the pnor written consent of the other party 10 TITLE The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, fre and clear of 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 and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, th acceptance of or payment for goods hereunder or approval of the design, shall no release the Seller of any of the warranties or obligations of this purchase order an shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequen default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12 _ASSIGNMENT OF ANTITRUST CLAIMS Seller and the Purchaser recognize that in actual eco practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state 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 If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Setier thereafter indicates its mabihty or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and 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 or caused to be performed 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 of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own 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 -infringing 15 INSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability 16 GOVERNING LAW The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representativelsl, on the premises of others 17 SELLERS RESPONSIBILITY The Seller shall carry on said work at Seller's own risk until the same is fully completed 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 Seller's own expense and to the satisfaction of the Purchaser When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller 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 automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000 The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish 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 specify 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 and accepted 19 PROTECTION AGAI x 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, losses, damages, charges or expenses whether direct or indirect, and whether to persons or property to whic the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of th Sellers or contractors officers, agents or employees In case 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 act, action, neglect, omission or default of the Seller of any of his contractors or any of its or then officers, agents or employees as aforesaid, the Seller hereby agrees to assume th defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other hen 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, th Seller will at once cause the same to be dissolved and discharged by giving bon or otherwise The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto 9/90 Revised 11/91