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HomeMy WebLinkAboutBID - 8070 EQUIPMENT RENTAL 2015BID 8070 Equipment Rental 2015 Page 1 of 9 INVITATION TO BID 8070 EQUIPMENT RENTAL 2015 BID OPENING: 3:00 P.M. (our clock), MARCH 11, 2015 The City of Fort Collins is requesting bids from qualified firms for various items of rental equipment. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, 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 mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note that additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), March 11, 2015. PLEASE NOTE: Electronic bid responses will be accepted for this Bid. Please fill out the Microsoft Excel Bid Schedule (attached), sign and scan the enclosed Equipment Rental Master Agreement, and return both documents via email to purchasing@fcgov.com by the due date and time shown above. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit bids in response to all invitations. No individual or businesses will be discriminated against on the grounds of race, color, sex or national origin per 49 CFR part 23. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Doug Clapp no later than 5:00 PM our clock on March 5, 2015. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at www.rockymountainbidsystem.com. 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 Bids may be withdrawn up to the date and hour set for bid opening. Once bids have been accepted by the City and bid opening 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 minimum 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 and Agreement initially provided to the bidder. Any Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 8070 Equipment Rental 2015 Page 2 of 9 proposed modification must be accepted in writing by the City prior to award of the bid. Only bids received by the Purchasing Office prior to the bid opening date and time 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 of 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. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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 will be posted online at www.rockymountainbidsystem.com. Gerry S. Paul Director of Purchasing and Risk Management BID 8070 Equipment Rental 2015 Page 3 of 9 BID REQUIRMENTS BID # 8070 EQUIPMENT RENTAL 2015 BID OPENING: March 11, 2015, 3:00pm (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR Equipment Rental PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is accepting bids for various items of rental equipment. Please fill out the bid schedule (attached as a separate Microsoft Excel document), sign and scan the attached Equipment Rental Master Agreement, and return both documents via email to purchasing@fcgov.com by the date and time listed above. Failure to return both required documents will constitute a non-responsive bid, and the bid will be rejected. SPECIFICATIONS: General: The City of Fort Collins extends an invitation to bid for supplying equipment to the City as rentals on an "as-needed" basis during a one year period, starting with equipment rented on or after March 11, 2015 and ending March 1, 2016 or at the end of one year from beginning of the rental period for any equipment covered by this bid. Rental Terms and Conditions: Terms and conditions of rentals shall be as set forth in the attached City of Fort Collins Equipment Rental Master Agreement. An Equipment Rental Master Agreement (the “Agreement”) must have been executed between the equipment vendor and the City of Fort Collins prior to renting to the City any individual equipment with a total rental cost exceeding $5,000. Rental period, where needed, will be specified in the body of the Purchase Order issued to cover the equipment rental. No other agreement will be executed for rental of equipment covered under this Rental Bid. The lessor may require a signed receipt, verifying actual delivery of rental equipment. Ownership, Transportation, and Taxes: The rental vendor should own listed equipment. All transportation fees to and from Fort Collins must be clearly noted on the bid form. All taxes and fees, including SMM taxes, are the responsibility of the vendor. Pricing and Rental Information: The attached bid forms must be completely filled out, listing rental prices less any discounts, equipment make, model, and year, and noting any transportation charges. These prices must remain firm until March 1, 2016 or until the end of the rental period for individual equipment, whichever is later. Method of Award: This bid will NOT be awarded to one vendor. Each responding vendor will be placed on a priority list and ranked by the type of equipment and applicable rental bid price. The lowest responsible Bidder in each category will be contacted first, then next lowest responsible Bidder contacted, etc., until the required equipment is obtained. BID 8070 Equipment Rental 2015 Page 4 of 9 Equipment Rental Master Agreement The attached Equipment Rental Master Agreement must be filled out, signed, and returned along with your bid. If there are questions concerning the Master Agreement, please contact Doug Clapp, Senior Buyer at 970-221-6776. Cooperative Purchasing The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid at the option of the Awarded Vendor/s. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider/s with a desire to participate in any resulting awards as a potential cooperative user. BID 8070 Equipment Rental 2015 Page 5 of 9 City of Fort Collins Equipment Rental Master Agreement 2015 This lease agreement (the “Agreement”), dated as indicated at the end of the Agreement, is between (Lessor) and the City of Fort Collins, Colorado (Lessee), a body corporate and politic existing under the laws of the State of Colorado, PO Box 580, Fort Collins, Colorado, 80522, is as follows: 1.0. Agreement to Lease Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, equipment, when needed, as specified in the current City of Fort Collins annual Equipment Rental Bid. This Agreement shall remain in effect until cancelled. Either party may cancel by providing ten (10) days written notice. 2.0 Application of Agreement This Agreement is required for any individual equipment rented under the Equipment Rental Bid where the total rental costs exceed $5,000. 3.0 Entire Agreement This writing, together with the Specifications contained in the current Equipment Rental Bid and the associated Purchase Order Terms and Conditions, constitutes the entire agreement between the parties, their officers, employees, agents and assigns and supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto. The Lessor may require a signed receipt, verifying actual delivery of rental equipment. 4.0 Delivery Delivery terms are FOB: Fort Collins, Fleet Services Equipment Shop at 835 Wood Street, or, if requested, Streets Shop at 625 9th Street. Delivery to other locations will be negotiated on an individual basis. At the end of the lease equipment will be returned to the delivery location for pickup unless other arrangements have been agreed to by the department representative. 5.0 Commencement and Term of Lease The obligations under this lease shall commence on the day equipment is accepted by the City of Fort Collins. The term of the lease shall be specified in the body of the City purchase order issued for each piece of rental equipment. Such lease term shall not exceed one calendar year. The Lessee has the right to terminate a rental under this Agreement at any time if the equipment fails to perform as intended, or in the event of non-appropriation of funds as provided in paragraph 13.0, below. Lessee may renew the initial lease up to a maximum total lease term of one calendar year by specifying the renewal term on an addendum to the original purchase order. 6.0 Rental Payments Lessee may not deduct any amount or reduce any payment for any reason except for failure of the equipment to operate as intended unless the Lessor has agreed to a BID 8070 Equipment Rental 2015 Page 6 of 9 reduction. Payments are due within 30 days of receipt of invoice by the City of Fort Collins Accounting Department. Monthly payment amounts shall be specified in the body of the City purchase order issued for each rental covered by this Agreement. 7.0 Location and Inspection of Equipment The equipment will be used in various locations within the City of Fort Collins and the surrounding area. Lessor's representative may inspect rental equipment, on location, at any reasonable time and may remove equipment from service, if required, for repair or maintenance, provided that replacement equipment of similar or greater capability is made available to the City at no additional charge while the original equipment is being serviced or repaired. The Lessor shall provide the City at least two (2) business days prior notice before removing/replacing equipment for service. 8.0 Maintenance and Use of Equipment The Lessee agrees, at the Lessee's expense, to maintain and return the equipment in the same condition as when delivered to it by the Lessor, ordinary wear and tear excepted. The Lessor may require the replacement of certain high-wear parts, such as crusher jaws, asphalt mill teeth, etc. Such parts shall be clearly identified in writing to the Lessee. Lessee will include the details of such parts replacement in the body of any applicable purchase order. Accessories and devices installed on the equipment by the Lessee become the property of the Lessor unless the accessories or devices are removed and any damage caused by such installation and removal is repaired at Lessee’s expense prior to return of equipment to Lessor. Lessee agrees not to permit the equipment to be abused, overloaded, used beyond its capacity, or used in a negligent manner. 9.0 Additional Rental Charges Lessee agrees that rental rates quoted in the Equipment Rental Bid are based on eight (8) hours per day, forty (40) hours per week (seven consecutive days equals one week), and one-hundred, seventy-six (176) hours per month. Lessee agrees to pay additional rental prorated at the applicable rate for each hour the rented equipment is used in excess of such time. Where the rental rate is based on mileage, Lessee agrees to pay the extra mileage charge specified in Lessor’s response to the applicable Rental Bid. 10.0 Liability To the extent permitted by law, Lessee assumes all risk and liability for and agrees to hold Lessor and its assigns harmless from all damages for injuries or death to persons or property arising out of use, possession, or transportation of the equipment except to the extent that the same results directly from the negligence of Lessor. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted as a waiver of any limits or protections afforded Lessee under the Colorado Governmental Immunity Act. 11.0 Assignment Lessor may not assign this Rental Agreement or any right, title, or interest of Lessor in any equipment rented under this Agreement, or any sums due from Lessee for such rentals without the written consent of the Lessee. Lessee may not assign this Rental Agreement. BID 8070 Equipment Rental 2015 Page 7 of 9 12.0 Ownership This is a rental agreement. The equipment is and shall remain the property of the Lessor during the lease period. 13.0 Non-Appropriation of Funds Lessee reasonably believes that it will have a need for equipment rented for the duration of lease terms negotiated under this Agreement and that funds will be available and appropriated to make all rental payments during those terms. Lessee will seek funding each year as part of its Budget process. If funds to continue the leasing of equipment for any ensuing term are not legally available for such purpose, Lessee may terminate rentals under this Agreement with no further liability. 14.0 Disclaimer of Warranties and Exclusion of Remedies Lessee acknowledges that the Lessor is not the manufacturer of the equipment nor the manufacturer's or vendor's agent. Accordingly, with the exception of express warranties made by the Lessor to Lessee, all warranties and remedies, whether they be expressed or implied, specifically including, but not limited to, the warranties of merchantability and fitness for a particular purpose, and remedy of incidental and consequential damages, are excluded. 15.0 Insurance Lessee is self-insured in accordance with the laws of the State of Colorado up to $50,000 and provides comprehensive general all risk liability insurance for claims over that amount. Proof of such insurance coverage will be sent to Lessor upon request. 16.0 Choice of Law This lease shall be considered to have been made in the State of Colorado and shall be interpreted in accordance with the laws of Colorado. Lessor agrees to jurisdiction in Colorado, Larimer County in case of any action, suit, or proceeding arising out of this lease. Lessor acknowledges transacting business in Colorado by entering into this lease, and that the jurisdiction choice of law and venue provisions of this lease are specifically terms of this lease. 17.0 Severability In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either Lessor or Lessee in his or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 18.0 Cumulative Rights All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or BID 8070 Equipment Rental 2015 Page 8 of 9 Contractor, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 19.0 Non-Waiver The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 20.0 Benefits This Agreement is made for the sole and exclusive benefit of the Lessee and Lessor, their successors and assigns, and is not made for the benefit of any third party. 21.0 Construction In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 22.0 Successors and Assigns All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 23.0 Notices Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: BID 8070 Equipment Rental 2015 Page 9 of 9 To Lessor: To the person signing this Agreement on behalf of the Lessor, at the address given below. To Lessee: To the attention of Doug Clapp, Senior Buyer, at the address given below. LESSOR: LESSEE: Company Name: City of Fort Collins Street: City: Zip: Phone: PO Box 580 / 215 N Mason Street, 2nd Floor Fort Collins, CO 80522 970-221-6775 Email: By: __________________________________ purchasing@fcgov.com By: ____________________________ Print Name: ___________________________ Gerry Paul Title: ________________________________ Director of Purchasing & Risk Management