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HomeMy WebLinkAboutBID - 5994 LP TRANSFORMER 167KVACity of Fort Collins Bid Proposal BID 5994 LP Transformers, 167kVA, Modified OH City of Fort Collins BID DATE: 2:00 P.M. (Our clock) August 14, 2006 CITY OF FORT COLLINS INVITATION TO BID BID #5994 LP Transformers, 167kVA, Modified OH 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 80524, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be delivered to 215 North Mason Street, 2"d 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 2:00 P.M. (Our clock ) August 14, 2006 Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. 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 overthe 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. 09/ 12/01 Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally 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 09/12/01 FIRM NAME: CITY OF FORT COLLINS BID PROPOSAL BID NO. 5994 LP Transformers, 167kVA, Modified OH BID DATE: 2:00 p.m. (Our clock) August 14, 2006 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LP Transformers, 167kVA, Modified OH, PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS. QUANTITY: DESCRIPTION: 6 Ea. TRANSFORMER, 167 kVA, MODIFIED OVERHEAD, SINGLE PHASE DISTRIBUTION WITH TWO HIGH VOLTAGE BUSHING WELLS, WITH TAPS, HIGH VOLTAGE RATING: 7620/13200Y. LOW VOLTAGE RATING: 120/240. SERIAL NUMBER 185 TO BE IN ACCORDANCE WITH SPECIFICATION #368-105-185, REVISION KK PLEASE COMPLETE THE ATTACHED EXCEL SPREAD SHEET FOR BID SUBMITTAL. IF YOU ELECT TO PASSWORD PROTECT YOUR BID, PLEASE NOTE THAT PASSWORD BELOW. *Any surcharges or additional costs shall be noted & included in bid submittal The transformers being bid meet or exceed the specifications. Yes No. If not, please list exceptions,(specifying paragraph reference number) on a separate sheet of paper and attach to your bid. Escalation is , is not applicable for the transformers bid. If escalation applies, the bidder shall indicate in his bid the specific items or materials subject to escalation, and shall give the method and indices to be used in computing the amount thereof. Escalation occurring after the quoted delivery date will not be paid unless delays are the result of actions by the city. Escalation occurring after acceptance if purchaser exercises the option to delay shipment after manufacturing is completed, will not be paid. Delivery may be a consideration of bid award. For purposes of warranty and service ONLY approved manufacturers or distributors authorized by an approved manufacturer to serve the Fort Collins area may bid. The City of Fort Collins reserves the right to split the bid in whatever percentages are most advantageous to the City. Future orders of LP Transformers, 167kVA, Modified OH may be authorized, at the option of the City, from this bid for a period of five years after date of award. Satisfactory pricing and delivery is required for future orders based on this bid. 09/ 12/01 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: TYPED OR PRINTED NAME AND TITLE COMPANY NAME: (AREA CODE) TELEPHONE NUMBER/FAX NUMBER ADDRESS: STREET, CITY, STATE, ZIP EMAIL: DATE 09/ 12/01 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to City of Fart Collins Accounting Division P.O. Box 580 Fan 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 registaed with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes t973, 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 far credit and are not to be replaced except upon receipt of written instructions fi'om the City of Fan 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 Fan Collins. However, it is to he 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, Fall Cottle, CO 90522, Calais otherwise specified on this order. Iffn mission isgiven to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fi'am the nearest distribution point to destination, and excess freight will be deducted final 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 Imes. 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 Foil Collins harmless from and against all liability and loss incurred by than by reason of an assumed 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 conditionstated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 m a waiver ofthis provision. In the event ofany 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 m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its faun of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fuel, 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 therenf In the event ofany 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 andror other descriptions given, will befit for the purposes intended. and performed with the highest degree of care and competence in accordance with accepted standards for work ofa 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 Sella shall replace, repair or make goad, without cost to the purchaser. any defects or faults arising within one ( I ) year or within such longer period of time as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller afiethe date of acceptance of the goods famished 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 for each 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 PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase' may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal tens, including additions to or deletions from the quantities at ordered in the specifications or drawings, by verbal or written change order. Ifany such change affects the amount due of the time afper fonnance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the partiesm to any work or materials then In progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and or work. for incidental or consequential damages. and that no such adjustment bemade in t'a.or ofthe Sell.' wish respell to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. .Any claim tar adjustment must be asserted within thirty (30) days fiom the date the change or lamination is ordered. S. 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 delive- such documents as may be required to effect or evidence compliance. All laws and regulation requited to be incorporated in agreements of this character' are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase' as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer. or convey this ardar or any monies due or to become due hereunder without the prior written consent ofthe othe party. The Seller wan ants full, clear and unrestricted title to the Purchaser for all equipment, materials, and lens furnished in performance of this agreement, flee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I1. 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 ofa breach. the acceptance of or payment for goods hereunder or approval afthe design, shall not release the Seller ofany of the warranties or obligations ofthis purchase order and shall not be deemed a waiver ofany right ofthe purchaser to heist 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 subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the lens hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, far good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchase' 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 fie 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 ofany tier fi'am all liability and claims ofany nature reaching fi'am the performance of such work. This release shall apply even in the event of fault ofnegbgence of the party released and shall extend to the directors, officers and employeesof 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 claim for ifiivrgernent byreason of the use of such patented design, device, material or process it 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 infringemem at any tine 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 pan 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 pans. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -in inging. 15. INSOLVENCY. If the Seller shall become insolvent orbankrupt, make an assignment for the benefit of creditors, appoinl 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 underand governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to peform work hereunder, including the services of Sellers Representat yas), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sellershall cony on saidwork in Sellers own risk road the same is fully completed and accepted, and Ala in case ofany accident, destruction or injury to the work andror materials before Sellers final completion and acceptance. complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment are Tarnished by others for installation or erection by the Seller, the Scher shall receive. Unload, store and handle same at the site and become responsible therefor as though such materials Suitor equipment were being furnished by the Seller under the order. I8. 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, andror 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 insuramorwith bodily injury and death limits of at least $300.000 for any came pa tor. $5ftno0 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 pianists ofothers, the Sella Shalt tarnish 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 aft.' the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any and all damage, toss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sell.' will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether du'ect or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason ofany act, action, neglect omission or default on the part ofthe Seller, any ofhis contractors, or any ofthe Seller or contractors effects, 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 ofany act, action, neglect, omission or default of the Sella' ofany of his contractors or any of its or thee aflicers. agents or employees as aforesaid. the Seller hereby agrees to assume the 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 judgments that may be incurred by or obtained Slower the Purchaser or any of its at 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 properly ofthe Purchaser, or said parties in or as a result .touch suits or other proceedings, the Seller will at once cause the same to bedissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 pursuanl thereto. Revised 1191 10. TITLE. 09/12/01