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HomeMy WebLinkAbout001068 Original Contract City of Port Angeles Record # 001068 CONTRACT DOCUMENTS for OVERHEAD ELECTRICAL TRANSFORMERS PURCHASE CONTRACT NO. MEC-2016-08 �o f pORT gN�tc CITY OF PORT ANGELES WASHINGTON MARCH 2016 CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS &UTILITIES MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF PUBLIC WORKS &UTILITIES Reviewed b - Approv by: Mike Pwltenncy,P.E. XVi liam Bloor Deputy Director of Public Works chi hies City Attorney e, PROJECT NO.MEC-2016-08 PAGE 1 OF 20 February 08, 2016 CITY OF PORT ANGELES J DF PCprA'YC INVITATION TO BID � F� ° -" For OVERHEAD ELECTRICAL TRANSFORMERS Sealed bids will be received by the Contract Specialist until 2:OOPM, March 31, 2016, and will be opened and read in the Public Works conference room, Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington 98362. Bids will be taken for the following Materials: Item 1: Twelve(12) ea. —25 kVA, 120/240 volt, double bushing overhead transformer(285-087-00009) Item 2: Twelve (12) ea. — 37.5 kVA, 120/240 volt, double bushing overhead transformer(285-087-00010) Item 3: Fourteen (14) ea. — 50 kVA, 120/240 volt, double bushing overhead transformer(285-087-00011) Bid documents may be obtained by calling Lucy Hanley at (360) 417-4541 or by emailing contracts@cityofpa.us . All bids must be on the form provided. Faxed or email bids shall not be accepted. The City of Port Angeles reserves the right to reject any or all bids and to waive minor irregularities in the bidding process. Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this invitation, shall not be discriminated against on the grounds of sex, race, color, age, national origin or handicap in consideration of an award of any contract or subcontract, and shall be actively solicited for participation in this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such notification. Further, all bidders are directed to solicit and consider minority and women owned businesses as potential subcontractors and material suppliers for this proj ect. Mike Puntenney, P.E. Deputy Director of Public Works &Utilities PUBLISH: Peninsula Daily News: March 13, 2016 PROJECT NO.MEC-2016-08 PAGE 2 OF 20 U N INSTRUCTIONS FOR BIDDERS Equipment Bids �KS ANOJ BID SUBMITTAL: All bids must be sealed with the outside of the COMPLIANCE WITH SPECIFICATIONS: envelope marked with the BID OPENING The equipment must be in accordance with the DATE MARCH 31, 2016, PURCHASE specifications. CONTRACT NO. MEC-2016-08. The NAME AND ADDRESS OF THE BIDDER shall also Failure on the Contractor's part to comply with appear on the outside of the envelope. Bids any specification herein will be grounds for shall be directed to the Contract Specialist, and disqualification of the bid. mailed to PO Box 1150, or delivered to 321 East Fifth Street, Port Angeles, Washington 98362. All items called for in the specifications, including but not limited to the equipment It is the intent of the attached specifications to constructed as shown, and the necessary describe the minimum requirements for the manuals, must be complied with before the final equipment requested in sufficient detail to payment can be processed. secure bids on comparable equipment. All parts which are necessary in order to provide a Where the description of an item includes both complete unit as described, meeting all safety specifications and a brand name and number, the requirements, and ready for operation, shall be specifications shall govern in case of conflict. included in the bid and shall conform in Brand name and number are for reference as to strength, quality of workmanship and material to the type and quality required and do not that which is usually provided the trade in preclude offers of a comparable or better general. Any variance from the specifications or product, provided full specifications and standards of quality must be clearly pointed out descriptive literature accompany the offer. in writing by the bidder. Failure to include full descriptive literature may be cause to reject the offer. Do not make reference to brochures or supporting literature on the bid sheet. All WARRANTY: notations for bid compliance or exceptions The purchased supplies or equipment furnished are to be made on the bid sheet or on a plain must have full manufacturer's warranties, and piece of paper attached and referenced to the the warranties must inure to the benefit of the bid item. City. If a bidder's corporate policy mandates use of an Vendor agrees to these warranty provisions by official quotation form, it may be submitted. signing the bid proposal. However, the cost data must be duplicated on the City's bid cost data and agreement sheet. SAFETY: The City's bid sheet must be signed by the This unit shall completely comply with all State bidder or its agent in order for the proposal and Federal laws, rules, regulations and codes in to be accepted. If alternate equipment is effect at the time of delivery. proposed, bidders are required to submit a separate bid sheet for each unit offered. The unit shall be tested by the successful bidder for compliance with all OSHA/WISHA All bids must be made on the required bid form regulations and the State Department of Labor and in cases of errors in the extension of prices and Industries Safety Rules. in the bid, the unit prices will govern. All blank spaces for bid prices must be filled in, with ink DELIVERY &ACCEPTANCE: or typewritten, and the bid form must be fully completed and executed when submitted. Only The terms of delivery shall be in accordance one copy of the bid form is required. Faxed with Schedule A, Paragraph 9.0 of the Contract. and emailed bids will not be accepted. Failure Deliveries shall be free on board (FOB) to adhere to instructions may constitute destination. disqualification of proposal. PROJECT NO.MEC-2016-08 PAGE 3 OF 20 For any exception to the delivery date as placed with successful bidders over this period specified in this Contract, Vendor shall give from the date of award. Prices bid shall be good prior notification and obtain written approval for all equipment and materials ordered during thereto from the City. Time is of the essence and that period. All orders shall be placed using the Contract is subject to termination for failure City of Port Angeles Purchase Orders. Payments to deliver as specified and/or appropriate shall be made monthly for materials received damages. The acceptance by the City of late and invoiced. performance with or without objection or reservation shall not waive the right to claim Offers made in accordance with the Invitation to damage for such breach nor constitute a waiver Bid shall be good and firm for the period of the requirements for the timely performance specified in the bid unless the Bidder of any obligation remaining to be performed by specifically limits its offer to a shorter period by Vendor. written notification on the bid document. However, bids so modified may be declared non The successful bidder shall be responsible for responsive. delivery to the City's Light Operations Site, 1707 South A Street, Port Angeles, Washington, Minority and women owned businesses shall be between the hours of 7:30 AM and 3:00 PM afforded full opportunity to submit bids in during the City's normal work day. Delivery response to this invitation, shall not be shall be made within the time period specified discriminated against on the grounds of sex, on the Bid Form. race, color, age, national origin or handicap in consideration of an award of any contract or GENERAL,INFORMATION: subcontract, and shall be actively solicited for The City of Port Angeles reserves the right to participation in this project by direct mailing of consider delivery time and may waive any minor the invitation to bid to such businesses as have irregularities or minor defects or reject any and contacted the City for such notification. Further, all bids. Any bid may be withdrawn prior to the all bidders are directed to solicit and consider above scheduled time for the opening of bids or minority and women owned businesses as authorized postponement thereof. Any bid potential subcontractors and material suppliers received after the time and date specified shall for this project. not be considered. No Bidder will be permitted to withdraw its proposal between the closing Signing of the bid sheet by Bidder and time for receipt of proposals and the execution subsequent acceptance by the City of the lowest of contract, unless the award is delayed for a responsive bid will constitute a binding period exceeding sixty (60) calendar days. The agreement between the City and Bidder. Bidder City of Port Angeles may, at its option, in understands and agrees that final contract awarding this purchase contract, take into payment will not be made until the City consideration the revenue it would receive from certifies that all stated specifications have been purchasing the equipment from a supplier complied with and the equipment is delivered located within its boundaries, in accordance with and accepted by the City. RCW 39.30.040. Bids will be evaluated and submitted to the Offers made in accordance with the Invitation to authorized purchasing agent for approval as Bid shall be good and firm for the period of 90 soon as possible after bid opening. All bidders calendar days after contract award unless the will be notified of results in writing. Bidder specifically limits its offer to a shorter period by written notification on the bid Upon award of the contract to the successful document. However, bids so modified may be bidder, the City will send the Contractor declared non-responsive. Quantities shown are duplicate, complete sets of Contract Documents, of total estimated initial quantities to be ordered. which will include the City's Purchase Order Purchase Orders for additional quantities may be Requisition. The Purchase Order Requisition PROJECT NO.MEC-2016-08 PAGE 4 OF 20 will include the final agreed upon price and the specific equipment and options being purchased. The Vendor will then sign the duplicate sets of Contract Documents and return them for signing by the City. Each party will retain a fully executed set of the Contract Documents. The Invitation to Bid is released by the City of Port Angeles Public Works and Utilities Department, which shall act as sole point of contact for administration of the bidding. Questions should be directed to Lucy Hanley, Contract Specialist, (360) 417-4541 or to contracts )cityoofpa.us . i PROJECT NO.MEC-2016-08 PAGE 5 OF 20 �,OF pORT�NOFC N CITY OF PORT ANGELES STANDARD TERMS AND CONDITIONS S PURCHASE CONTRACT THE PURCHASE CONTRACT INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND THE PUBLISHED RULES, REGULATIONS, AND LAWS OF THE CITY OF PORT ANGELES AND THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY REFERENCE. 1. CHANGES: No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification will be effective without written consent of the appropriate representative of the City. 2. HANDLING: No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers or reels,unless otherwise stated herein. 3. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES: Invoices will not be processed for payment until receipt of a properly completed invoice or invoiced items. 4. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. 5. REJECTION: All goods or materials purchased herein are subject to approval by the City. Any rejection of goods or material resulting because of non-conformity to the terms and specifications of this Contract, whether held by the City or returned, will be at Contractor's risk and expense. 6. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Contract shall contain the applicable purchase contract number. 7. INFRINGEMENTS: Contractor agrees to protect and hold harmless the City against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suite or proceedings. 8. WARRANTIES: a. Notwithstanding inspection and acceptance by the City, the articles supplied under this Contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for a period of five years after delivery and acceptance by the City of Port Angeles, that: (1) All supplies furnished under this Contract will be free from defects in material or workmanship and will conform with all requirements of this Contract; and 2) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this Contract. b. When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor only during the first year of the warranty period. However, the Contractor's liability for the transportation charges shall not exceed an amount PROJECT NO.MEC-2016-08 PAGE 6 OF 20 equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. c. Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph 8.a of this clause and shall run from the date of delivery of the corrected or replaced supplies. d. All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract. e. All standard manufacturer warranties must inure to the benefit of the City of Port Angeles. f. Remedies available to the City. Within a reasonable time after providing notice to the Contractor, the City may either: (1) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph 8.a of this clause; or (2) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. 9. ASSIGNMENTS: Moneys due under this Contract shall only be assignable with prior written consent of the City. 10. TAXES: Unless otherwise indicated the City agrees to pay all State of Washington sales or use tax. No charge by Contractor shall be made for federal excise taxes, and the City agrees to furnish Contractor, upon acceptance of articles supplied under this Contract with an exemption certificate. 11. LIENS, CLAIMS AND ENCUMBRANCES: Contractor warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. 12. RISK OF LOSS: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein that occur prior to delivery. Such loss, injury or destruction shall not release Contractor from any obligation hereunder. 13. HOLD HARMLESS: Contractor shall protect, indemnify, and hold the City harmless from and against any damage, cost or liability for any injuries to persons or property arising from acts or omissions of Contractor, its employees, agents or subcontractors howsoever caused. 14. ANTI-TRUST: Contractor and the City recognize that in actual economic practice overcharges resulting from anti-trust violations are borne by the City. Therefore, Contractor hereby assigns to the City any and all claims for such overcharges. 15. DEFAULT: Contractor shall be liable for damages suffered by the City resulting from Contractor's breach of Contract. The Contractor covenants and agrees that in the event suit is instituted by the City for any default on the part of the Contractor, and the Contractor is adjudged by a court of competent jurisdiction to be in default, Contractor shall pay to the City all costs, expended or incurred by the City in connection therewith, and reasonable attorney's fees. The Contractor agrees that the PROJECT NO.MEC-2016-08 PAGE 7 OF 20 E Superior Court of the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in Clallam County. 16. BRANDS: When a special brand is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided the bidder specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. 17. SAFETY: The equipment shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. The equipment shall be tested by the successful bidder for compliance with all OSHA/WISHA regulations and the State Department of Labor and Industries Electrical Workers Safety Rules. 18. ACCEPTANCE: BY ACCEPTING THIS PURCHASE CONTRACT IN WRITING OR BY DELIVERING THE MATERIAL ORDERED, CONTRACTOR ACCEPTS ALL OF THE TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE BY THE CITY TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR CONTRACTOR AS A CONDITION OF ACCEPTANCE OR DELIVERY. PROJECT NO.MEC-2016-08 PAGE 8 OF 20 PURCHASE CONTRACT THIS AGREEMENT is made and entered into, between the City of Port Angeles (hereinafter called the"City") and Anixter, Inc. (hereinafter called the"Contractor", "Vendor", or"Bidder"). WITNESSETH: That the City and the Contractor, in consideration of the performance of the terms and conditions hereinafter mentioned, agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The complete contract includes the Invitation to Bid, the Instructions to Bidders, the Bid, the Specifications, the Standard Terms and Conditions, the Purchase Order Requisition, and the Purchase Contract. The foregoing documents shall hereinafter be called "Contract Documents" or "Contract". All obligations of the City and the Contractor are fully set forth and described herein. In the event of a discrepancy between any of the Contract Documents, as above defined, the City shall give a written interpretation thereof, which interpretation shall govern. ARTICLE II CONTRACT COST The Contractor agrees to sell and deliver to the City, at the delivery point specified in the Instructions to Bidders, and the City agrees to purchase and receive from Contractor the equipment as described and set forth in the Contract Documents and the provisions of the Contractor's bid attached and made a part hereof. ARTICLE III ASSIGNMENT The Contractor shall not assign any of its responsibility under this Contract without the express written consent of the City. ARTICLE IV APPLICABLE LAW AND VENUE This Contract shall be governed by, and construed in accordance with, the applicable laws of the State of Washington. Any legal proceedings to determine the rights and obligations of the parties hereunder shall be brought and heard in Clallam County Superior Court. PROJECT NO. MEC-2016-08 PAGE 9 OF 20 E ARTICLE V NONDISCRIMINATION During the performance of this Contract, the parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: 1. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. 2. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establislunent of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above- stated minority status. ARTICLE VI TERMINATION OF CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor or the Contractor's subcontractors, the City may serve written notice of intention to terminate such Contract upon the Contractor, which notice shall specify the reasons therefore. Unless within thirty (30) days after serving such notice upon the Contractor such violation shall cease and an arrangement for the correction thereof satisfactory to the City be made, the Contract shall, upon the expiration of the said thirty (30) days, cease and terminate. In the event of any such termination, the City may purchase the materials necessary for complete perfonnance of this Contract for the account and at the expense of the Contractor, and the Contractor shall be liable to the City for any excess cost thereby. ARTICLE VIII WAIVER Waiver of any breach of any term or condition of this Contract shall not be deemed a waiver of any prior or subsequent breach, no term or condition of this Contract shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. ARTICLE IX This Contract is binding as of the date of the last signature affixed below. i I PROJECT NO.MEC-2016-08 PAGE 10 OF 20 ANIXTER, INC. CITY OF PORT ANGELES By: By: Title: I OU4,4veTitle: 61 A na_` _--_ Dated: �' Dated 1 0 b ATTEST: ATTEST: AILIL LA City CIA Appfoved to as to form City Attorney 3 Project No.MEC-2016-08 Page 11 of 20