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HomeMy WebLinkAboutBID - 5452 MAPO TRAFFIC SIGN POSTSh Admini. tive Services Purchasing Division CITY OF FORT COLLINS Ci of Fort Collins INVITATION TO BID r� BID #54521005-99 MAPO — TRAFFIC SIGN POSTS BID OPENING: JANUARY 6, 2000, 3:OOP.M. (our clock) Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Managemeni, 256 West Mountain Avenue, Fort Collins, Colorado 80521, at the time and date noted on the bid proposal and/or contract documents The Agencies including Cities of Fort Collins, Broomfield, Loveland, Aurora, Lakewood, Longmont, Arvada, Westminster and Counties of Arapahoe, Adams, Jefferson, Larimer and acting collectively through their authorized procurement officials respectfully request separate sealed Bids for the purchase of sign posts and delineator posts Bids shall be in a sealed envelope, plainly marked "MAPO BID #5452/005-99 TRAFFIC; SIGN POST Bids must be received at the Purchasing Office prior to 3:OOP M. (our clock), JANUARY 6, 2000. A copy of the Bid may be obtained as follows: Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #25452 (The bid number must be preceded by a 2 when using the Fax -line.) Download the Bid from the Purchasing Webpage, Current Bids page, at www ci fort-collins co us\CITY_HALL\PURCHASING then via the Current Bids pushbutton 3 Come by Purchasing at 256 W Mountain Ave , 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by an authorized representative of the company with the legal capacity to bind the company to the agreement Bids may be withdrawn up to the date and hour set for closing Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase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 Cdy'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 256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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 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, matenal(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 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 ASSIGNM NT 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 TAXE1 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 10 13 COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the content 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 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 11 VI A SPECIAL INSTRUCTIONS TO BIDDERS COLLECTIVE BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN Bids shall consist of SIGN POSTS AND DELINEATOR POSTS 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 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 Prices must remain in effect from Date of Award through December 31, 2000 The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies This award may be extended for an additional twenty-four (221) month period, contingent upon future years funding, and agreement of the Agencies 12 VI B SPECIAL INSTRUCTIONS TO BIDDERS INDIVIDUAL NOTE Each Bidder may use contacts listed below to obtain information on published specifications, quantities, special conditions or instructions, physical delivery points and/or any other elements necessary to submit a complete bid AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION City of Fort Collins Carroll Miller (970)221-6792 City of Fort Collins, Street Dept 625 Ninth Street Fort Collins, CO 80525 City of Broomfield Rudy Cesena (303)438-6238 City of Broomfield 3001 W 124th Ave Broomfield, CO 80020 Adams County Liz Estrada (303)654-6052 Adams County, Traffic Dept 4955 E 74th Ave Commerce City, CO 80022 City of Loveland Steph Euschneid (970)962-2480 City of Loveland, Traffic 105 W 5th St Loveland, CO 80537 City of Aurora Chris Carnahan (303)326-8227 City of Aurora, Traffic Operations 15740 E 32nd Ave Aurora, CO 80011 13 AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION AGENCY CONTACT PHONE NO DELIVERY LOCATION City o Lakewood, Traffic Engineering Terri Haley (303) 987-7999 City of Lakewood, Traffic Engineering 1060 Quail St Lakewood, CO 80215 Arapahoe County Randy Hoffmann (303) 792-5016 ext 226 Arapahoe County Road and Bridge 7600 S Peoria St Englewood, CO 80112 City of Longmont Tom Thompson (303)651-8345 City of Longmont 1100 S Sherman St Longmont, CO 80501 Jefferson County Karen Hernlund (303)271-5285 Jefferson County Central Shops 21401 Golden Gate Canyon Rd Golden, CO 80403 City of Westminster Cliff Coffman (303)430-2400 x2524 City of Westminster 6777 W 88th Ave Westminster. CO 80031 Larimer County Road & Bridge Kevin Tucker (970)498-5658 Larimer County Sign Shop 614 E Vine Dr Ft Collins, CO 80524 City of Arvada Larry Foltz (303)421-2550 x3307 City of Arvada, Traffic Shop 6701 Indiana St Arvada, CO 80007 14 VII SPECIFICATIONS 1 SECTION 1 SIGN POSTS Material Steel posts furnished shall conform to the Standard Specifications for Hot rolled Carbon Steel, commercial quality ASTM Designation A-569-72 Finish Material shall be hot dipped galvanized coating conforming to ASTM A525, Des G-90 Zinc coating to form an excellent bond with the steel surface so as not to be affected by subsequent forming operations Corner weld shall be zinc coated after scarfing operation Exposed edges to be protected against corrosion by "sacrificial action" when zinc is present on intimate adjacent areas Shape The cross section of the post shall be square tubing formed of 12 gauge ( 105 USS gauge) steel, carefully formed into six and, if necessary, shall be welded in such a manner that weld or flash shall not interfere with telescoping Holes Hole diameter shall be seven -sixteenth (7/16") plus or minus one sixty-fourth (1/64") inch on 1" centers, on all four sides, for the entire length of the post Holes shall be on the center line of each side true alignment, and opposite to each other Lenath The length of each post shall be as specified, and have a permissible length tolerance of plus or minus one -quarter (1/4) inch Cuts through holes will not be accepted Telescopino Properties The finished posts shall be straight and shall have a smooth, uniform finish It shall be possible to telescope all consecutive sizes of square tubes freely and for not less than ten feet or their length without the necessity of matching any particular face to any other face All holes and ends shall be free from burrs, and ends shall be cut square Delivery Requirements Delivery of these materials must be made in a flat-bed trailer for fork lift unloading, otherwise the order shall be refused, unless transporter agrees to unload on -site Twenty-four (24) hour notice must be given prior to delivery Specifications The specifications shall be considered a minimum specification 2 SECTION 2 U-CHANNEL DELINEATOR POSTS A Must have baked green enamel finish The post must have centered 3/8" holes on 1"centers the entire length with the length and pounds per linear foot as specified on bid schedule, Section VIII 15 i] FIRM NAME SECTION 1 _-SIGNPOSTS 1. TEL-SPAR 12 gauge 1" Perf Sq Post 10' length 1 1/2' Perf Sq Post, 10' length 1 3/4" Perf Sq Post, 8' length 1 3/4" Perf Sq Post, 10' length 1 3/4" Perf Sq Post, 11' length 1 3/4" Perf Sq Post, 12' length 2" Perf Sq Post, 10' length 2" Perf Sq Post, 11' length 2" Perf Sq Post, 12' length 2 TEL-SPAR 14 gauge 2" Perf Sq Anchors, 3' length base 1 3/4" Perf Sq Post, 10' length 1 3/4" Perf Sq Post, 12' length 3. TEL-SPAR 12 gauge 1 1/2" by 1 112" Anchors, 1 1/2' length 1 1/2" Perf Sq Post, 3' length 1 3/4" Perf Sq Post 2' length 2" Pert Sq Anchors, 3' length base 21/4" Perf Sq Anchors, 3' length base VIII ESTIMATED QUANTITIES EST QTY 50 100 300 3550 1000 200 750 100 1000 1200 200 500 200 750 100 5230 1400 UNIT TOTAL PRICE 16 0 FIRM NAME SECTION 2 -DELINEATOR POSTS 1 6' U-Channel Delineator Posts min 1 12lbs per foot 800 2 6' U-Channel Posts, min 3lbs per foot 800 3 11' U-Channel Posts, min 2lbs per foot 400 SECTION 3 - MISCELLANEOUS 1 FO 175-VS2 V-LOCKS 24" X 1 3/4" 475 Includes wedges GRAND TOTAL $ 17 SIGNATURE PAGE The undersigned Bidder, having examined these documents, and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that he will fulfill the obligations contained herein in accordance with all terms, conditions, and specifications set forth, and that he will furnish all required products and pay all incidental costs in strict conformity with these documents, for the stated prices as payment in full Submitting Firm Address Telephone Number Name of Agent (print/type) Title Authorized Signature Date Attest My Commission Expires CORPORATE SEAL ADDENDA FORM The undersigned hereby acknowledges receipt of the following applicable addenda Addenda Number Date f] t 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 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 This shall not apply to members of any authority, board, committee or commission of the city, other than the members of the City Council 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 Any vendor knowing of this type of activity is encouraged to report in confidence to the Director of Purchasing and Risk Management, Director of Finance, City Attorney or City Manager so the matter can be dealt with 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 Cement restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 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 enng Ja so O'Neill II, CPPO Di ector of Purchasing and Risk Management Hosting Agency — City of Fort Collins 2 J EM II. INDEX OF CONTENTS I TITLE PAGE 11 INDEX OF CONTENTS III BID ►40TICE IV INSTRUCTIONS TO BIDDERS V TERMS AND CONDITIONS VI SPECIAL INSTRUCTIONS TO BIDDERS A COLLECTIVE B INDIVIDUAL VII TECHNICAL SPECIFICATIONS VIII BID f=ORM IX SIGNATURE/ADDENDA PAGE 3 IV INSTRUCTIONS TO BIDDERS Ig D OIDENING 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 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 IB D 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 lorm, 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 F EPRESENTATI M1N 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 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 S 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 INSUANCE 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 5 Type cLf Insurance 0 t� Minimum Limits of Liability Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Comprehensive General Liability Insurance Comprehensive Automobile Liability Insurance Umbrella Liability Coverage Statutory in conformance with the compensation laws of the State of Colorado $ 150,000 each person, $1,000,000 each occurrence $ 150,000 each person, $1,000,000 each person $1 million The successful Bidder shall effect 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, 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 proteclions 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 11 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 M 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 INVOI DES 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 18 ODI :ICATION 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 FA Fill, 22 1 iV ISCE.LLANEOUS The Agencies reserve the right, either collectively or separately, to reject any and all Bids or parts thereon 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 CGOOPERATIVE 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 13 V 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 E