Loading...
HomeMy WebLinkAboutBID - 5960 GOLF CART LEASE -2006City of �'oz� E::c�lli1��; BID OPENING CITY OF FORT COLLINS INVITATION TO BID BID 5960 Golf Cart Lease : 2:30 p.m. (our clock), February 2, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bidroposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2 Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), February 2, 2006. Questions concerning the scope of the bid should be directed to Project Manager Jerry P. Brown, (970) 221-6350, Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: https:llsecure2.fcqov.com/bso/login.*sR. 2. Come by Purchasing at 215 North Mason St., 2nd 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 Bids may be withdrawn up to the date and hour set for closing.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. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 9 (970) 221-6775 • Fax (970) 221-6707 www.fegov.eom Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2Id Floor, Fort Collins, Colorado 80524, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Exhibit B: Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 peraccident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Administrative Servic( urc asmg Divison City of Fort Collins BID OPENING CITY OF FORT COLLINS INVITATION TO BID BID 5960 Golf Cart Lease 2:30 p.m. (our clock), February 2, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), February 2, 2006. Questions concerning the scope of the bid should be directed to Project Manager Jerry P. Brown, (970) 221-6350. Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids page, at: https://secure2.fcqov.com/bso/Iogin.i'sp. 2. Come by Purchasing at 215 North Mason St., 2nd 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. 215 North Mason Street 9 2"d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fccov.com Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management BID PROPOSAL BID # 5960 BID OPENING: February 2, 2006, 2:30pm (our clock) We hereby enter our bid for the City of Fort Collins' requirements for Golf Cart Leasing, per the bid invitation and any referenced specifications: General Specifications: The City of Fort Collins Golf Division desires to lease annually between twenty five (25) to forty (40) four-wheel, 2003 model or newer, gasoline powered golf carts for the eight month 2006 golf season, beginning no later than March 16, 2006 and ending no earlier than November 15, 2006; with possible annual eight month renewal options utilizing the newest golf carts available each year for a similar period of time for the years 2007, 2008, 2009, and 2010. The City plans to rent these leased golf carts to the public at our Collindale and SouthRidge Golf Courses in conjunction with our City -owned fleet of golf carts. Cart specifications: • Quantity: For 2006, thirty five (35) total golf carts with eighteen (18) golf carts to be located at Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525; and seventeen (17) golf carts to be located at SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado 80525. • Model/Type: For 2006, all 2003 models or newer, and the newest model years available thereafter; all being four-wheel gasoline -powered. • Engine/Noise: Noise level shall not exceed 70 dba at twenty five (25) feet. Engines to be four-cycle with the lowest HC emission available. • Transmission: Automatic • Brakes: Standard breaks for model. Foot or hand operated parking brake for parking on slopes. • Suspension: Heavy-duty springs both front and rear. Heavy-duty shocks both front and rear. • Steering: Automotive -type steering wheel with a turning radius not to exceed twenty (20) feet. • Bumpers: Front and rear bumper -type protection. • Tires: Standard 18 x 8.50-8, 4-ply rated, premium tread. • Cover: Canopy or sun roof top required. • Color: White, beige, or green acceptable. • Seat: Individual or bench -type seat(s). Accessories: - Bag rack large enough to accommodate two oversize golf bags. - Minimum of two (2) drink holders. - Storage area for golf balls or small personal items. - Scorecard holder(s). - Back-up warning alarm. - Sweater basket. - Two (2) number decals minimum. - Sand bottle divot repair kit mounted behind passenger seat optional. - Any and all other accessories advertised as standard by the manufacturer. Repairs and Maintenance: The City shall be responsible at its cost for repairing all damage to the golf carts as a result of vandalism or golfers mistreatment. The Lessor (Vendor) shall be fully responsible to perform all mechanical and operational repairs, preventative maintenance, and general upkeep to keep the golf carts in satisfactory working condition. In the event that the City of Fort Collins personnel are required to work on any golf cart for the aforementioned reasons, Lessor will be charged a flat rate of $40.00 per hour by the City of Fort Collins for such service, plus the actual cost of parts and materials paid for by the City. The City may, at its option, apply the charges for such work to the lease payments or bill directly to the Lessor. The City will pay separately to the Lessor or their contracted vendor for any vandalism or golfer mistreatment costs that the Lessor or their contracted vendor repairs. The City shall notify Lessor within twenty four (24) hours of discovery of any inoperable golf carts and it shall be the Lessor's responsibility to repair or replace any inoperable carts within twenty four (24) hours after receipt of notice from the City. The Lessor's responsibility for replacement or repair shall apply at all times, including weekdays, weekends, and holidays. In the event that the Lessor cannot supply the City with operable golf carts the City may, either: a) Rent "tournament fleet" golf carts from an alternative vendor of the City's choice and then invoice Lessor for the cost of such rental, including pick-up and delivery costs, or b) The City may charge Lessor the equivalent of two daily 18-Hole Regular Golf Cart Rental Fees per each golf cart for each day that any cart supplied by Lessor is out of service and unavailable for rental. Special Conditions: The City of Fort Collins may terminate the agreement to lease these golf carts at any time that the City determines, in its sole discretion, that the Lessor has repeatedly failed to abide by the above stated Repair and Maintenance requirements. Payments: The Lessor shall send to the City three (3) separate equal invoices each for 1 /3 of the annual amount on or about March 16, June 16, and September 16, annually. Invoices should be mailed to: "City of Fort Collins Golf Division", P.O. Box 580, Fort Collins, Colorado 80522-0580. Insurance: Lessor shall assume any and all liability for the operation and maintenance of the golf carts in the event of any damage or injury attributable to design, maintenance, workmanship, materials, or lack of safety features, and will indemnify and hold harmless the City of Fort Collins, its officers, agents, and employees against and from any and all actions, suits, claims, demands, or liability resulting from or occurring in connection with the performance of said golf carts. Agreement Document: A services agreement (sample attached) will be negotiated between the City of Fort Collins and the awarded vendor, incorporating the terms of the bid and any other conditions agreed upon by the two parties. References: A minimum of three Colorado or Rocky Mountain area golf courses leasing at least fifteen (15) golf carts of similar make and model being bid. Delivery: Bid price shall include delivery and pick-up of the leased golf carts. Delivery must be made to the City of Fort Collins no later than March 16 annually. Prices must be quoted FOB Destination. Eighteen (18) golf carts (number of carts to be determined annually) shall be delivered to Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525. Please make delivery and pick-up arrangements with the Collindale Golf Professional at 970.221.6651 x 5. Seventeen (17) golf carts (number of carts to be determined annually) shall be delivered to SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado 80525. Please make delivery and pick-up arrangements with the SouthRidge Golf Professional at 970.416.2828. Bid Proposal: Bid # 5960, Golf Cart Lease Per Cart $ Cart Make/Model/Year: Contact Person: Three References: 2006 rate to lease 35 golf carts: Total for Thirty-five (35) Carts $ For questions concerning this bid, contact Jim Hume, Buyer, 970-221-6776. Signature: Print name: Title: Company Date: Name: Street: Phone #: City: Fax #: State/Zip: Email: Exhibit A: Sample Service Agreement (Sample) SERVICES AGREEMENT (Sample) 2006-2010 GOLF CART LEASING THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and _, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide services in accordance with the specifications, terms and conditions contained in Bid # , Golf Cart Lease, and incorporated herein by this reference. 2. Contract Period The bid will be awarded to the lowest responsive and responsible Bidder for a period of eight (8) months commencing no later than March 16, 2006 and ending no earlier than November 15, 2006 unless sooner terminated as herein provided. In addition, at the option of the City, the award may be extended for additional annual eight (8) month periods, not to exceed four (4) such additional periods for the years 2007-2010. Pricing changes shall be negotiated annually by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider no later than sixty (60) days prior to the beginning of the annual eight (8) month period. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum In 2006 the City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of $ _ per golf cart leased for an eight (8) month period, as set forth in Bid # . Payments per golf cart in subsequent years will be as set forth in paragraph 2. Contract Period. 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Exhibit B: Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Administrative Servic( urc asmg Divison City of Fort Collins BID OPENING CITY OF FORT COLLINS INVITATION TO BID BID 5960 Golf Cart Lease 2:30 p.m. (our clock), February 2, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), February 2, 2006. Questions concerning the scope of the bid should be directed to Project Manager Jerry P. Brown, (970) 221-6350. Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids page, at: https://secure2.fcqov.com/bso/Iogin.i'sp. 2. Come by Purchasing at 215 North Mason St., 2nd 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. 215 North Mason Street 9 2"d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fccov.com Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management BID PROPOSAL BID # 5960 BID OPENING: February 2, 2006, 2:30pm (our clock) We hereby enter our bid for the City of Fort Collins' requirements for Golf Cart Leasing, per the bid invitation and any referenced specifications: General Specifications: The City of Fort Collins Golf Division desires to lease annually between twenty five (25) to forty (40) four-wheel, 2003 model or newer, gasoline powered golf carts for the eight month 2006 golf season, beginning no later than March 16, 2006 and ending no earlier than November 15, 2006; with possible annual eight month renewal options utilizing the newest golf carts available each year for a similar period of time for the years 2007, 2008, 2009, and 2010. The City plans to rent these leased golf carts to the public at our Collindale and SouthRidge Golf Courses in conjunction with our City -owned fleet of golf carts. Cart specifications: • Quantity: For 2006, thirty five (35) total golf carts with eighteen (18) golf carts to be located at Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525; and seventeen (17) golf carts to be located at SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado 80525. • Model/Type: For 2006, all 2003 models or newer, and the newest model years available thereafter; all being four-wheel gasoline -powered. • Engine/Noise: Noise level shall not exceed 70 dba at twenty five (25) feet. Engines to be four-cycle with the lowest HC emission available. • Transmission: Automatic • Brakes: Standard breaks for model. Foot or hand operated parking brake for parking on slopes. • Suspension: Heavy-duty springs both front and rear. Heavy-duty shocks both front and rear. • Steering: Automotive -type steering wheel with a turning radius not to exceed twenty (20) feet. • Bumpers: Front and rear bumper -type protection. • Tires: Standard 18 x 8.50-8, 4-ply rated, premium tread. • Cover: Canopy or sun roof top required. • Color: White, beige, or green acceptable. • Seat: Individual or bench -type seat(s). Accessories: - Bag rack large enough to accommodate two oversize golf bags. - Minimum of two (2) drink holders. - Storage area for golf balls or small personal items. - Scorecard holder(s). - Back-up warning alarm. - Sweater basket. - Two (2) number decals minimum. - Sand bottle divot repair kit mounted behind passenger seat optional. - Any and all other accessories advertised as standard by the manufacturer. Repairs and Maintenance: The City shall be responsible at its cost for repairing all damage to the golf carts as a result of vandalism or golfers mistreatment. The Lessor (Vendor) shall be fully responsible to perform all mechanical and operational repairs, preventative maintenance, and general upkeep to keep the golf carts in satisfactory working condition. In the event that the City of Fort Collins personnel are required to work on any golf cart for the aforementioned reasons, Lessor will be charged a flat rate of $40.00 per hour by the City of Fort Collins for such service, plus the actual cost of parts and materials paid for by the City. The City may, at its option, apply the charges for such work to the lease payments or bill directly to the Lessor. The City will pay separately to the Lessor or their contracted vendor for any vandalism or golfer mistreatment costs that the Lessor or their contracted vendor repairs. The City shall notify Lessor within twenty four (24) hours of discovery of any inoperable golf carts and it shall be the Lessor's responsibility to repair or replace any inoperable carts within twenty four (24) hours after receipt of notice from the City. The Lessor's responsibility for replacement or repair shall apply at all times, including weekdays, weekends, and holidays. In the event that the Lessor cannot supply the City with operable golf carts the City may, either: a) Rent "tournament fleet" golf carts from an alternative vendor of the City's choice and then invoice Lessor for the cost of such rental, including pick-up and delivery costs, or b) The City may charge Lessor the equivalent of two daily 18-Hole Regular Golf Cart Rental Fees per each golf cart for each day that any cart supplied by Lessor is out of service and unavailable for rental. Special Conditions: The City of Fort Collins may terminate the agreement to lease these golf carts at any time that the City determines, in its sole discretion, that the Lessor has repeatedly failed to abide by the above stated Repair and Maintenance requirements. Payments: The Lessor shall send to the City three (3) separate equal invoices each for 1 /3 of the annual amount on or about March 16, June 16, and September 16, annually. Invoices should be mailed to: "City of Fort Collins Golf Division", P.O. Box 580, Fort Collins, Colorado 80522-0580. Insurance: Lessor shall assume any and all liability for the operation and maintenance of the golf carts in the event of any damage or injury attributable to design, maintenance, workmanship, materials, or lack of safety features, and will indemnify and hold harmless the City of Fort Collins, its officers, agents, and employees against and from any and all actions, suits, claims, demands, or liability resulting from or occurring in connection with the performance of said golf carts. Agreement Document: A services agreement (sample attached) will be negotiated between the City of Fort Collins and the awarded vendor, incorporating the terms of the bid and any other conditions agreed upon by the two parties. References: A minimum of three Colorado or Rocky Mountain area golf courses leasing at least fifteen (15) golf carts of similar make and model being bid. Delivery: Bid price shall include delivery and pick-up of the leased golf carts. Delivery must be made to the City of Fort Collins no later than March 16 annually. Prices must be quoted FOB Destination. Eighteen (18) golf carts (number of carts to be determined annually) shall be delivered to Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525. Please make delivery and pick-up arrangements with the Collindale Golf Professional at 970.221.6651 x 5. Seventeen (17) golf carts (number of carts to be determined annually) shall be delivered to SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado 80525. Please make delivery and pick-up arrangements with the SouthRidge Golf Professional at 970.416.2828. Bid Proposal: Bid # 5960, Golf Cart Lease Per Cart $ Cart Make/Model/Year: Contact Person: Three References: 2006 rate to lease 35 golf carts: Total for Thirty-five (35) Carts $ For questions concerning this bid, contact Jim Hume, Buyer, 970-221-6776. Signature: Print name: Title: Company Date: Name: Street: Phone #: City: Fax #: State/Zip: Email: Exhibit A: Sample Service Agreement (Sample) SERVICES AGREEMENT (Sample) 2006-2010 GOLF CART LEASING THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and _, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide services in accordance with the specifications, terms and conditions contained in Bid # , Golf Cart Lease, and incorporated herein by this reference. 2. Contract Period The bid will be awarded to the lowest responsive and responsible Bidder for a period of eight (8) months commencing no later than March 16, 2006 and ending no earlier than November 15, 2006 unless sooner terminated as herein provided. In addition, at the option of the City, the award may be extended for additional annual eight (8) month periods, not to exceed four (4) such additional periods for the years 2007-2010. Pricing changes shall be negotiated annually by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider no later than sixty (60) days prior to the beginning of the annual eight (8) month period. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum In 2006 the City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of $ _ per golf cart leased for an eight (8) month period, as set forth in Bid # . Payments per golf cart in subsequent years will be as set forth in paragraph 2. Contract Period. 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Exhibit B: Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Administrative Servic( urc asmg Divison City of Fort Collins BID OPENING CITY OF FORT COLLINS INVITATION TO BID BID 5960 Golf Cart Lease 2:30 p.m. (our clock), February 2, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), February 2, 2006. Questions concerning the scope of the bid should be directed to Project Manager Jerry P. Brown, (970) 221-6350. Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids page, at: https://secure2.fcqov.com/bso/Iogin.i'sp. 2. Come by Purchasing at 215 North Mason St., 2nd 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. 215 North Mason Street 9 2"d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fccov.com Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Administrative Servic( urc asmg Divison City of Fort Collins BID OPENING CITY OF FORT COLLINS INVITATION TO BID BID 5960 Golf Cart Lease 2:30 p.m. (our clock), February 2, 2006 Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:30 p.m. (our clock), February 2, 2006. Questions concerning the scope of the bid should be directed to Project Manager Jerry P. Brown, (970) 221-6350. Questions regarding bid submittal or process should be directed to James R. Hume, CPPO, Senior Buyer (970) 221-6776. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids page, at: https://secure2.fcqov.com/bso/Iogin.i'sp. 2. Come by Purchasing at 215 North Mason St., 2nd 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. 215 North Mason Street 9 2"d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fccov.com Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid:&,.7ng. Jaill II, CPPO, FNIGP Dichasing and Risk Management BID PROPOSAL BID # 5960 BID OPENING: February 2, 2006, 2:30pm (our clock) We hereby enter our bid for the City of Fort Collins' requirements for Golf Cart Leasing, per the bid invitation and any referenced specifications: General Specifications: The City of Fort Collins Golf Division desires to lease annually between twenty five (25) to forty (40) four-wheel, 2003 model or newer, gasoline powered golf carts for the eight month 2006 golf season, beginning no later than March 16, 2006 and ending no earlier than November 15, 2006; with possible annual eight month renewal options utilizing the newest golf carts available each year for a similar period of time for the years 2007, 2008, 2009, and 2010. The City plans to rent these leased golf carts to the public at our Collindale and SouthRidge Golf Courses in conjunction with our City -owned fleet of golf carts. Cart specifications: • Quantity: For 2006, thirty five (35) total golf carts with eighteen (18) golf carts to be located at Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525; and seventeen (17) golf carts to be located at SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado 80525. • Model/Type: For 2006, all 2003 models or newer, and the newest model years available thereafter; all being four-wheel gasoline -powered. • Engine/Noise: Noise level shall not exceed 70 dba at twenty five (25) feet. Engines to be four-cycle with the lowest HC emission available. • Transmission: Automatic • Brakes: Standard breaks for model. Foot or hand operated parking brake for parking on slopes. • Suspension: Heavy-duty springs both front and rear. Heavy-duty shocks both front and rear. • Steering: Automotive -type steering wheel with a turning radius not to exceed twenty (20) feet. • Bumpers: Front and rear bumper -type protection. • Tires: Standard 18 x 8.50-8, 4-ply rated, premium tread. • Cover: Canopy or sun roof top required. • Color: White, beige, or green acceptable. • Seat: Individual or bench -type seat(s). Accessories: - Bag rack large enough to accommodate two oversize golf bags. - Minimum of two (2) drink holders. - Storage area for golf balls or small personal items. - Scorecard holder(s). - Back-up warning alarm. - Sweater basket. - Two (2) number decals minimum. - Sand bottle divot repair kit mounted behind passenger seat optional. - Any and all other accessories advertised as standard by the manufacturer. Repairs and Maintenance: The City shall be responsible at its cost for repairing all damage to the golf carts as a result of vandalism or golfers mistreatment. The Lessor (Vendor) shall be fully responsible to perform all mechanical and operational repairs, preventative maintenance, and general upkeep to keep the golf carts in satisfactory working condition. In the event that the City of Fort Collins personnel are required to work on any golf cart for the aforementioned reasons, Lessor will be charged a flat rate of $40.00 per hour by the City of Fort Collins for such service, plus the actual cost of parts and materials paid for by the City. The City may, at its option, apply the charges for such work to the lease payments or bill directly to the Lessor. The City will pay separately to the Lessor or their contracted vendor for any vandalism or golfer mistreatment costs that the Lessor or their contracted vendor repairs. The City shall notify Lessor within twenty four (24) hours of discovery of any inoperable golf carts and it shall be the Lessor's responsibility to repair or replace any inoperable carts within twenty four (24) hours after receipt of notice from the City. The Lessor's responsibility for replacement or repair shall apply at all times, including weekdays, weekends, and holidays. In the event that the Lessor cannot supply the City with operable golf carts the City may, either: a) Rent "tournament fleet" golf carts from an alternative vendor of the City's choice and then invoice Lessor for the cost of such rental, including pick-up and delivery costs, or b) The City may charge Lessor the equivalent of two daily 18-Hole Regular Golf Cart Rental Fees per each golf cart for each day that any cart supplied by Lessor is out of service and unavailable for rental. Special Conditions: The City of Fort Collins may terminate the agreement to lease these golf carts at any time that the City determines, in its sole discretion, that the Lessor has repeatedly failed to abide by the above stated Repair and Maintenance requirements. Payments: The Lessor shall send to the City three (3) separate equal invoices each for 1/3 of the annual amount on or about March 16, June 16, and September 16, annually. Invoices should be mailed to: "City of Fort Collins Golf Division", P.O. Box 580, Fort Collins, Colorado 80522-0580. Insurance: Lessor shall assume any and all liability for the operation and maintenance of the golf carts in the event of any damage or injury attributable to design, maintenance, workmanship, materials, or lack of safety features, and will indemnify and hold harmless the City of Fort Collins, its officers, agents, and employees against and from any and all actions, suits, claims, demands, or liability resulting from or occurring in connection with the performance of said golf carts. Agreement Document: A services agreement (sample attached) will be negotiated between the City of Fort Collins and the awarded vendor, incorporating the terms of the bid and any other conditions agreed upon by the two parties. References: A minimum of three Colorado or Rocky Mountain area golf courses leasing at least fifteen (15) golf carts of similar make and model being bid. Delivery: Bid price shall include delivery and pick-up of the leased golf carts. Delivery must be made to the City of Fort Collins no later than March 16 annually. Prices must be quoted FOB Destination. Eighteen (18) golf carts (number of carts to be determined annually) shall be delivered to Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525. Please make delivery and pick-up arrangements with the Collindale Golf Professional at 970.221.6651 x 5. Seventeen (17) golf carts (number of carts to be determined annually) shall be delivered to SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort Collins, Colorado 80525. Please make delivery and pick-up arrangements with the SouthRidge Golf Professional at 970.416.2828. Bid Proposal: Bid # 5960, Golf Cart Lease 2006 rate to lease 35 golf carts: Per Cart $ Total for Thirty-five (35) Carts Cart Make/ModelNear: Contact Person: Three References: For questions concerning this bid, contact Jim Hume, Buyer, 970-221-6776. Signature: Print name: Title: Company Date: Name: Street: Phone #: City: Fax #: State/Zip: Email: Exhibit A: Sample Service Agreement (Sample) SERVICES AGREEMENT (Sample) 2006-2010 GOLF CART LEASING THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and _, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide services in accordance with the specifications, terms and conditions contained in Bid # _, Golf Cart Lease, and incorporated herein by this reference. 2. Contract Period The bid will be awarded to the lowest responsive and responsible Bidder for a period of eight (8) months commencing no later than March 16, 2006 and ending no earlier than November 15, 2006 unless sooner terminated as herein provided. In addition, at the option of the City, the award may be extended for additional annual eight (8) month periods, not to exceed four (4) such additional periods for the years 2007-2010. Pricing changes shall be negotiated annually by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider no later than sixty (60) days prior to the beginning of the annual eight (8) month period. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum In 2006 the City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of $ ` per golf cart leased for an eight (8) month period, as set forth in Bid # — Payments per golf cart in subsequent years will be as set forth in paragraph 2. Contract Period. 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 11. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or c. Avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit"B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service