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HomeMy WebLinkAboutBID - 5714 02-117 MAPO ROAD SALT ANNUALCity of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS INVITATION TO BID BID #5714 MAPO — ROAD SALT BID OPENING: June 14, 2002, 3:OOP.M. (our clock) Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, 215 North Mason, 2"d Floor, Fort Collins, Colorado 80524, at the time and date noted on the bid proposal and/or contract documents. The Agencies including Cities of Fort Collins, Brush, Golden, Aurora, Commerce City, Arvada, Brighton, Loveland, Thorton, Lakewood and Counties of Boulder, Adams, Jefferson, El Paso, Arapahoe and DIA and acting collectively through their authorized procurement officials respectfully request separate sealed Bids for the purchase of Bulk Road Salt. Bids shall be in a sealed envelope, plainly marked "MAPO BID # 5714/02-117. Bids must be received at the Purchasing Office prior to 3:OOP.M. (our clock), June 14, 2002. A copy of the Bid may be obtained as follows: 1. Call the Purchasing Fax -line, 970-416-2033 and follow.the verbal instruction to request document #25714. (The bid number must be preceded by a 2 when using the Fax -line.) 2. Download the Bid from the Purchasing Webpage, Current Bids page, at: www.fcgov\PURCHASING then via the Current Bids pushbutton. 3. Come by Purchasing at 215 N. Mason 2"d floor, Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable 215 North Mason Street • 2nd Floor • P.O. �ox 580 • Fort Collins, CO 80522-0580 9 (970) 221-6775 • FAX (970) 221-6707 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. 10 V. SPECIAL INSTRUCTIONS TO BIDDERS Road Salt Requirements for the 2002-2003 Colorado Political Subdivisions a. COLLECTIVE 1. Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. 2. Releases to be made as required throughout the period of the award. Consideration will be given to vendors with a favorable firm price period with no minimum release requirements. 3. Prices must remain in effect from Date of Award through July 1, 2003. 4. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies unless fixed quantities are stated. In the event of any emergency where quick delivery is a necessity and the successful bidder cannot meet the time constraints, the political subdivision may order from another vendor in order to meet that emergency only. 5. Vehicles shall not be operated on any roadway in excess of the legal weight limitation. The contractor shall be responsible for any and all fines incurred for being overloaded as well as any other safety or moving violations. Overweight trucks will not be accepted or unloaded. 6. All equipment must comply with city, county, state and DOT rules, regulations, requirements, etc. which apply. All operators must be properly licensed for the type of equipment being operated. The Local Agency reserves the right to reject any improperly licensed equipment or operator. 7. This award shall be available for use by Local Governments and Political sub -divisions in the state of Colorado. 8. This award may be extended for an additional 2 (two) twelve (12) month periods, contingent upon future years funding, and agreement of the Agencies and vendor. 9. Results will not be given by phone. For bid results, please enclose a stamped, self- addressed envelope with your bid. b. SPECIAL BID CONDITIONS 1. All orders will be in truck load quantities or railcars. 11 2. All prices quoted are to be F.O.B. destination. All salt to be bulk delivery as designated per attached sheets. No deliveries will be accepted on either Saturday or Sunday, unless permission has been previously granted by the ordering agency. At least twenty-four (24) hours prior notice must be given before any delivery will be accepted at any destination unless the condition is waived by the political subdivision when the order is placed with the vendor. All deliveries must be accompanied by a certified weight ticket, otherwise the shipment may be refused. Unloading instructions will vary depending upon the need of each political subdivision and are given on the bid sheets in detail. Additional delivery instructions which do not affect the vendor's cost may be included on the blanket purchase order. 3. A blanket purchase order will NOT be issued by the State of Colorado on behalf of the political subdivision. Each agency will send a purchase order to the Vendor. If any problems arise in the performance of the resulting contract, the hosting agency, City of Fort Collins, should be notified immediately and will assist in the problems solution. 4. After October 15, 2002 all orders of from one (1) to five (5) truck loads must be delivered within 10 (10) working and orders of more than five (5) truck loads must be delivered within twenty (20) working days. For each day beyond those deadlines in which delivery is made, twenty-five dollars ($25) shall be deducted from any monies due the vendor, not as a penalty but as liquidated damages notwithstanding any act of God. In the event that the vendor fails, refuses or otherwise declines to perform in accordance with the terms of the contract, the political subdivision may then purchase the road salt ordered from the vendor from any other source and the vendor shall be liable for the difference between the contract prices and the purchasing price of said material in addition to any liquidated damages that are due and owing the political subdivision. Termination of the contract will be done by notifying both the vendor and the City of Fort Collins, in writing, in the event of the vendor's failure to perform. 5. Any representative samples of delivered material that fail to meet the specifications relative to gradation or moisture content will be penalized succeeding deliveries failing to meet specifications. 6. The successful bidder will be required to furnish a Performance bond equal to 100 percent of the contract awards. Such performance bond must be submitted within fourteen (14) days after the awards are made. The performance bonds will be made payable to the Host Agency, City of Fort Collins, which acts as the control agent for this bid. 7. The resulting contract shall be in effect from the date of the award until July 1, 2003 8. In order to minimize the possibility of any single vendor being committed to delivering more road salt that he can effectively haul, you are asked to specify a maximum quantity of road salt which you can satisfactorily deliver to the local governments on this bid invitation. If you are the low responsive, responsible bidder on more than the amount you specify, you will be given the opportunity to select those contracts which you most desire. 9. Should a bidder find discrepancies in, or omissions from the special bid conditions and/or specifications or should be in doubt as to their meaning, please notify 12 the City of Fort Collins Purchasing, John Stephen, CPPB, Senior Buyer, PO 580, Ft Collins, CO. 80522 (970) 221-6775. If the point in question is not fully set forth, a written addendum will be faxed to the vendors. 10. Price changes will be allowed for increases or decreases in freight rates upon written approval by the hosting agency. Direct all questions to John Stephen, CPPB, Senior Buyer, 970-221-6775 or e-mail at istephen(a)fcgov.com 13 VI. PRODUCT SPECIFICATIONS Rock Salt, must meet AASHTO Specifications for Sodium Chloride M 143-74, Type 1, Grade 1 or Grade 2 as specified on the bid sheets. In addition, representative samples of delivered material must meet the following maximum moisture content requirements when dried to a constant weight at 105 C: Untreated Sodium Chloride - 2% maximum Sodium Chloride with non -caking and/or anti -freeze additives - 3% maximum Non -caking additive may be called for by the ordering agency and must meet the following specifications. Non -caking additive. Yellow Prussiate of Soda (YPS), or other approved chemical shall be uniformly added to the Sodium Chloride at a ratio of not less than 200 parts per million (200ppm) to produce a non -caking material when subjected to the following test: the materials shall be exposed to two (2) twenty-four moisture cycles from 3% minus moisture by weight to 25% plus moisture and back to 3% moisture. The addition of the YPS to the Sodium Chloride shall be done prior to stockpiling and shall be done in such a manner as to produce a uniform coating throughout all crystals. 14 VIIII. BID FORM 2001-2002 ROAD SALT 1. Company Name: 2. Telephone Number: 3. Location of Salt Supplier: 4. Maximum Hauling Capacity (see Special Condition No. 10) Tons 5. Price of Additives: Sodium Chloride Non -Caking, Yellow Prussiate of Soda /Ton BIDS MUST BE PREPARED ON THE FORMS PROVIDED HEREIN. 2001-2002 ROAD SALT AGENCY CONTACT DELIVERY TONS BULK Additives Price INVOICE PHONE # LOCATION/ GRADE per Ton ADDRESS WHO UNLOADS/SP ECIAL EQUIPMENT ADAMS DAVE SALT DOME APRX BULK 1 NON $ /T COUNTY 4955 SCHMIDTLIN 8080 DAHLIA 5000 CAKING E. 74TH AVE E 303-853- ST. COMMERCE 7140 COMMERCE CITY CO 80022 CITY ATTN:ELLEN CARRIER MUST UNLOAD ARAPAHOE MONTY 7600 S APRX 200 BULK 1 $ /T COUNTY ROAD SEDLAK PEORIA ST AND BRIDGE 303-792-5018 ENGLEWOOD 7600 S. PEORIA CO LOCAL ST. GOVT ASSIST ENGLEWOOD CO 80112 CITY OF BRUSH ROW 118 CARSON, APRX 30 BULK 1 $ fT PO 363 BRUSH PENNELL BRUSH, CO CO 80723 970-842-5001 LOCAL GVT ASSIST END DUMPS 15 CITY OF RON REAVIS CITY OF FIRM BULK 1 NON $ /T GOLDEN 303-384-8155 GOLDEN 200 CAKING 145 10TH ST, SHOPS, 1400 GOLDEN CO 9TH ST, 80401 ATTN: GOLDEN, CO PUBLIC WORKS 80401 CARRIER MUST UNLOAD END OR BELLY DUMPS CITY OF KIM QUANTE 15740 E 32ND APRX BULK 1 NON- $ /T AURORA 303-326-8200 AVE & 14303 E 4000 CAKING STREET HAMPDEN TOTAL DIVISION 15740 AURORA, CO 2000 E 32ND AVE, CARRIER EACH AURORA, CO MUST LOCATIO 80011 UNLOAD N CITY OF SAM 8625 ULSTER, APRX BULK 1 NOW $ /T COMMERCE HOOVER COMMERCE 300 CAKING CITY STREET 303-284-8146 CITY, CO MAINTENANCE LEONARD LOCAL GVT PO BOX 40, DIETZ 303 ASSIST COMMERCE 284-8147 CITY, CO 80022 FRED LIMMEL 303- 289-8153 CITY OF DAVE 6161 OLDE APRX BULK 1 NOW $ /T ARVADA KOTECKI WADSWORTH 1500 CAKING STREET 303-431-3041 BLVD DIVISION, PO ARVADA, CO 8101, ARVADA, CARRIER CO 80001-8101 MUST UNLOAD CITY OF FT. STAN 625 9TH ST. APRX BULK 1 NOW $ /T COLLINS WELSCH FT. COLLINS, 2500 CAKING STREET 970-416-2091 CO LOCAL DEPARTMENT 970-221-6615 GVT ASSIST 625 9TH ST PO END OR 580, FT. BELLY DUMPS COLLINS, CO OR RAIL 80522-0580 16 CITY OF BOB 401 APRX 100 BULK 1 NOW $ /T BRIGHTON YOUNGER LONGSPEAK CAKING 22 SOUTH 4TH OR SHARON STREET, AVENUE WILLIAMS BRIGHTON, BRIGHTON, CO 303-655-2088 CO 80601 80601 CARRIER ATTN:PROCURE MUST MENT SUITE UNLOAD END 106 DUMPS CITY OF DANNY 975 N APRX 200 BULK 1 NOW $ /T LOVELAND 105 ROBINETT MADISON AVE CAKING W 5TH ST, 970-962-2531 LOVELAND CO LOVELAND, CO CARRIER 80537 MUST UNLOAD END OR BELLY DUMPS CITY OF TERRY 12323 CLAUDE APRX 200 BULK 1 NOW $ /T NORTHGLENN CORDOVA CT CAKING 11701 303-450-4002 NORTHGLENN COMMUNITY CO CARRIER CENTER DR. MUST NORTHGLENN UNLOAD END CO 80233 DUMPS EL PASO HARRY 3460 N. APRX BULK 1 NOW $ /T COUNTY DOT BAKER MARKSHEFFE 3000 CAKING 3460 N. 719-520-6865 L RD. MARKSHEFFEL COLORADO RD, SPRINGS, CO COLORADO CARRIER SPRINGS, CO MUST 80922 UNLOAD WITH END OR BELLY JEFFERSON JOHNNIE 21401 APRX BULK 1 NOW $ /T COUNTY, 21401 MAY 303- GOLDEN 3500 CAKING GOLDEN GATE 271-5233 GATE CANYON RD, CANYON GOLDEN CO ROAD, 80403 GOLDEN, CO. 80403 CARRIER MUST UNLOAD END DUMPS 17 BOULDER BOB KIEPE WALDEN APRX 750 BULK 1 NOW $ /T COUNTY ROAD OR TED PONDS CAKING MAINTENANCE PLANK 303- GARAGE 3897 1288 ALASKA 441-3962 N 75TH AVE. STREET, LONGMONT, CO BOULDER CO 80501 80303 CARRIER MUST UNLOAD END DUMPS CITY OF MASON 12450 APRX 500 BULK 1 NON- $ /T THORTON STAUB 303- WASHINGTON CAKING 9500 CIVIC 538-7625; STREET, CENTER DR. BOB THORTON CO. THORTON CO. WINZENT 80229 80229 303-255-7627 CARRIER MUST UNLOAD CITY OF CHRIS 650 DEPEW FIRM BULK 2 NOW $ /T LAKEWOOD JACOBSEN STREET 2000 CAKING 850 PARFET 303-987-7951 LAKEWOOD STREET CO 80215 LAKEWOOD, CO CARRIER 80215 MUST UNLOAD DIA FIELD WM 88TH AVE. APRX BULK 1 NO $ /T MAINTENANCE WILLIAMS GATE #15 2000 ADDITIVE 27500 E. 80TH 303-342-2870 DENVER, CO S AVE. DENVER, 80249 CO 80249 CARRIER MUST UNLOAD Name of Company Signature Delivery Payment Terms_ Vendor Address, City, State Name(Print) Zip Title Date Vendor Phone Fax 18 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. 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 wi be mailed to you. Bid results will be posted in our office 7 days after the bid openi James 8. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Hosting Agency — City of Fort Collins 2 II. INDEX OF CONTENTS INVITATION TO BID II. INDEX OF CONTENTS III. INSTRUCTIONS TO BIDDERS IV. TERMS AND CONDITIONS V. SPECIAL INSTRUCTIONS TO BIDDERS a. COLLECTIVE b. SPECIAL BID CONDITIONS VI. TECHNICAL SPECIFICATIONS VII. BID FORM AND SIGNATURE PAGE 3 III INSTRUCTIONS TO BIDDERS 1. BID OPENING AND AWARD Bids will be examined promptly after opening, and an abstract will be provided upon request. (Supply a self addressed, stamped envelope with your Bid.) NO BID RESULTS WILL BE GIVEN OVER THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the Bid Opening date. 2. AGENCIES The Host Agency is the Agency who is facilitating this Bid. Agencies is defined as the Agencies participating in the Bid. 3. BIDDER QUALIFICATIONS No Bid shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to any participating Agency, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the Agencies or that is deemed irresponsible or unreliable by the individual Agencies. If requested, Bidders shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service Bid upon and that they have the necessary financial resources to provide the proposed supply/service called for as described in the attached Technical Specifications. 4. BID FORM Each Bidder must submit an original Bid and additional copies as required on the forms attached. The Bidder shall sign his Bid correctly, and the Bid may be rejected if it shows any omissions, alterations of the form, additions not called for, conditional Bid, or any irregularities of any kind. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. 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. 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. M 7. BROCHURES Bids shall include adequate brochures, latest printed specifications and advertising literature, describing the product offered in such fashion as to permit ready comparison with our specifications on any item -by -item basis where applicable. 8. SPECIFICATION CHANGES ADDITIONS AND DELETIONS All changes in Bid documents shall be through written addendum and furnished to all Bidders. Verbal information obtained otherwise will NOT be considered in awarding of Bids. 9. BID CHANGES Bids, amendments thereto, or withdrawal requests received after the time advertised for Bid Opening, will be void regardless of when they were mailed. 10. BASIS OF BID AWARD Award of Bid shall be made to the lowest responsive, and responsible Bidder(s) meeting the specifications. The following is a partial list of the criteria that may be used in the award of this Bid. A. Superior quality and adherence to specifications B. Adequate maintenance and service C. Delivery and/or completion time D. Guarantees and Warranties E. Company's reputation and financial status F. Past experience and cost with same or similar equipment or service G. Anticipated future cost and experience 11. INSURANCE For SERVICES requiring contractor's presence on any Agency property, the successful Bidder shall, during the term of this Agreement and until completion thereof, provide and maintain the following minimum coverages: Type of Insurance Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Comprehensive General Liability Insurance Comprehensive Automobile Liability Insurance Umbrella Liability Coverage Minimum Limits of Liability 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 5 authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include each individual entity as an additional named insured. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended. 12. DELIVERY DATE The delivery time, as stated in the Bid Form, shall be the time required to deliver the complete item after the receipt of the order or award of the Contract. Where multiple items appear on a Bid request, the Bidder shall, unless otherwise stated by the participating Agencies, show the delivery time for each item separately. If only a single delivery time is shown, it will be assumed to mean that all items included in the Bid can and will be delivered on or before the specified date. The Bidder agrees that the delivery will be completed in the time stated assuming that the time between the Bid Opening and the placing of the order, does not exceed the number of days so stipulated. The right is reserved to reject any Bid in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity/service is intended. 13. CASH DISCOUNTS Cash discounts should be so stated on the Bid Form. Prices bid must, however, be based upon payment in thirty (30) days. In all cases, cash discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later. 14. TIE BIDS In the case of tie Bids, the Agencies reserve the right to make the award based on the factors previously outlined in paragraph number ten. 15. BID REJECTION OR PARTIAL ACCEPTANCE The Agencies reserve the right to reject any or all Bids. They further reserve the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bid or Bids where they deem it advisable in protection of the best interests of the Agencies. 16. INVOICES Individual purchase orders will be assigned to the successful Bidder(s) from the participating Agencies in this Bid and each is to be invoiced separately. All invoices submitted must show the respective Agency's purchase order number. 17. PAYMENTS Payments will be made for all goods/services delivered within 30 days of receipt and acceptance of delivery. 18. MODIFICATION, ADDENDA AND INTERPRETATIONS Any apparent inconsistencies, or any matter seeming to require explanation or interpretation, must be inquired into by the Bidder at least 72 hours (excluding weekends and holidays) prior to the time set for the Bid Opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract Documents and shall be acknowledged and dated on the Bid Form. All requests for information should be in writing or telephoned to the Host Agency. 19. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations of all Agencies having jurisdiction shall apply to the award throughout and incorporated here by reference. 20. SUBCONTRACTING No portion of this Bid may be subcontracted without the prior written approval by each Agency. 21. TELEGRAPHIC/ELECTRONIC BID SUBMITTAL Telegraphic and/or Bid offers sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Bid either by air freight, postal service, or other means. 22. MISCELLANEOUS The Agencies reserve the right, either collectively or separately, to reject any and all Bids or parts thereof. The participating Agencies reserve the right to inspect vendor's facilities prior to the award of this Bid. The Agencies reserve the right, either collectively or separately, to negotiate optional items with the successful Bidder. 23. COOPERATIVE BIDDING Other governmental agencies may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor(s) and the participating MAPO Agencies. Requests for participation of other Agencies will be coordinated by the MAPO Agency hosting the Bid The Host Agency may notify the vendor(s) and the Agency wishing to participate, in writing. 7 IV TERMS AND CONDITIONS 1. MODIFICATION OF AGREEMENT No modification of award shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency. 2. WARRANTIES Bidder warrants that all articles, materials and work will conform within applicable drawings, specifications, samples and/or other descriptions given to Agencies, and will be free from defects. Without limitation of any rights which Agencies may have by reason of any breach of warranty, goods which are not as warranted may be returned at Bidder's expense at reasonable time after delivery, for either credit or replacement, as each participating Agency may direct. 3. OVERSHIPMENTS Material shipped in excess of quantity ordered may be returned at Bidder's expense. 4. CANCELLATION Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 5. PATENT GUARANTEE Bidder shall, with respect to any device or composition of Bidder's design or Bidder's standard manufacture, indemnify and hold harmless each participating Agency, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent, by reason of the sale of normal use of such device or composition, provided that Bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by the Agencies. 6. TERMINATION OF AWARD FOR CAUSE If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner its obligations or if the successful vendor shall violate any of the covenants, agreements or stipulations of the award, the Agency shall thereupon have the right to terminate the award by giving written notice to the successful Bidder of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the successful Bidder shall, at the option of the Agency, become its property, and the successful Bidder shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful vendor shall not be relieved of liability to the Agency for damage sustained by the Agency by virtue of breach of the award by the successful vendor and the Agency may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the Agency from the successful vendor is determined. 7. TERMINATION OF AWARD FOR CONVENIENCE D. The Agency may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Bidder under the award shall at the option of each Agency become its property. If the award is terminated by each Agency as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Bidder covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Bidder, termination of award for cause, relative to termination shall apply. 8. ACCEPTANCE OF TERMS BY SHIPMENT Shipment of all or any portion of the goods covered by this order shall be deemed an acceptance of the Bid upon the terms and prices set forth herein. 9. ASSIGNMENT Bidder shall not assign this order nor any monies to become due hereunder without the prior written consent of each Agency. Any assignment or attempt at assignment made without such consent of the Agency shall be void. 10. TAXES The Agencies are exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Bid. Bidder shall obtain all appropriate tax exemption certificates from the Agencies. 11. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. 12. AMERICANS WITH DISABILITIES ACT It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans With Disabilities Act may be required, upon request, by any participating Agency. 13. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. ti