HomeMy WebLinkAboutBID - 9919448 5526 LP ELECTRIC METERSCity of Fort Collins
Admi_ trative Services
Purchasing Division
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 Bids may be withdrawn up to the date and hour set for opening.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 in equity. 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.
Js B. O'Neill, II, CPPO
ctor of Purchasing &Risk Management
2
FIRM NA
CITY OF FORT COLLINS
BID PROPOSAL
BID NO. 5526
BID OPENING: 2:00 p.m. lour clock), July 14, 2000
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR,
ELECTRIC METERS, 2S, 240V PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS.
QUANTITY: DESCRIPTION:
192 ea. Electric meters, class 200, form 2S, 240 Volt. Register to be
programmed in house for demand and load profile with minimum
32K memory.
$ Ea. $
Mfr. Mfr. #
Total
Delivery in weeks:
Delivery may 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:
Siemans Energy & Automation
General Electric
Schlumberger
ABB
The City of Fort Collins reserves the right to extend the term of this contract for additional meter
requirements on an annual basis up to three additional years. Price adjustments may be reviewed
and negotiated by the City of Fort Collins at each annual renewal
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Bid #5526
SUPPLEMENTAL INSTRUCTIONS
Prices quoted must remain firm for a 30 day period after the opening date.
Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing
submitted on proposal and not entered as separate pricing.
Any discount allowed by Vendor for prompt payment, etc. must be reflected in quoted figure, and
not entered as separate pricing.
The City reserves the right to accept or reject any and all quotes.
Bidder not responding to the services requested in this bid shall be removed from our automated
listing for: Not applicable
Any questions or inquiries regarding this bid should be directed to:
Opal F. Dick, CPPO, Senior Buyer, (970) 221-6778
SIGNATURE AND TITLE
COMPANY NAME
TYPED OR PRINTED NAME AND TITLE
TELEPHONE NUMBER/FAX NUMBER
ADDRESS: STREET, CITY STATE, ZIP DATE
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Purchase Order Terms and Conditions
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
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 dat
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 prior 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 at iic 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 Seller
thereafter indicates its inability 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 Representative(s), 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 AGk 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 their
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 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, 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