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HomeMy WebLinkAbout4.574 Original Contract --- ' <I.57~ PROJECT MANUAL CONTRACT DOCUMENTS for ENERGY/CONSERVATION DEVICE KIT PURCHASE PURCHASE CONTRACT NO. 07-15 CITY OF PORT ANGELES WASHINGTON November 2007 GLENN A. CUTLER. P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES MIKE PUNTENNEY, DEPUTY DIRECloR OF OPERATIONS Approved by: ~~.-- L , Glenn Cutler, Director Energy/Conservation Device Kit Purchase Contract 07-15 page 1 of 13 \ CITY OF PORT ANGELES INVITATION TO BID for Energy/Conservation Device Kit Purchase Sealed bids will be received by the Public Works and Utilities Director until 2.00 PM, Monday, December 3, 2007 and will be opened and read in the Public Works & Utilities Conference Room, Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington 98362. Bids will be taken for the following Materials: Schedule A: Energy/Conservation Device Kit Purchase The materials to be bid are fully described in the instructions to bidders and the bid documents Bid documents may be obtained at the Public Works and Utilities Department, between the hours of 8'00am and 4.30pm, City of Port Angeles, 321 East 5th Street, PO Box 1150, Port Angeles, Washington 98362, (360) 417-4800. Technical questions regarding this bid should be addressed to Craig Fried, Contract Specialist at (360) 417-4541, between the hours of 7:30 AM and 3 PM. The City of Port Angeles reserves the right to reject any or all bids and to waive informalities in the bidding process. Subject to the foregoing, the contract may be awarded to the lowest responsible bidder. 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 project. Bids must be sealed with the outside of the envelope marked "BID OPENING DATE December 3, 2007, PURCHASE CONTRACT NO. 07-15". The name and address of the bidder shall also appear on the outside of the envelope. Bids shall be addressed: Public Works and Utilities Department Attn: Craig Fried, Contract Specialist PO Box 1150, 321 East Fifth Street Port Angeles, Washington 98362 PUBLISH: Peninsula Daily News. November 20, 2007 Daily Journal of Commerce. November 20, 2007 Energy/Conservation Device Kit Purchase Contract 07-15 page 2 of 13 INSTRUCTIONS FOR BIDDERS Energy/Conservation Device Kit Purchase BID SUBMITTAL: All bids must be sealed with the outside of the envelope marked with the words: "BID OPENING DATE: December 3,2007, PURCHASE CONTRACT NO. 06-13". The name and address of the bidder shall also appear on the outside of the envelope. Bids shall be directed to: Public Works and Utilities Department Attn: Craig Fried, Contract Specialist PO Box 1150, 321 East Fifth Street Port Angeles, Washington 98362 It is the intent of the attached specifications to describe the minimum requirements for the materials requested in sufficient detail to secure bids on comparable materials. All parts included in the bid shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pointed out in writing by the bidder. Do not make reference to brochures or supporting literature on the bid sheet. All notations for bid compliance or exceptions are to be made on the bid sheet or on a plain piece of paper attached and referenced to the bid item. The City's bid sheet must be signed by the bidder or its agent in order for the proposal to be accepted. If alternate materials are proposed, bidders are required to submit a separate bid sheet for each unit offered. All bids must be made on the required bid form in each Schedule, and in cases of errors in the extension of prices in the bid, the unit prices will govern. All blank spaces for bid prices must be filled in, with ink or typewritten, and each bid form for which the bidder is providing a bid must be fully completed and executed when submitted. Only one copy of each complete bid form is required. The completed bid form(s) must be accompanied by one completed Bid Signature Sheet, and one completed Non-Collusion Affidavit form. Faxed bids will not be accepted. Failure to adhere to instructions may constitute disqualification of proposal. COMPLIANCE WITH SPECIFICATIONS: The materials must be in accordance with the specifications. Failure to follow this procedure can result in non-acceptance of the materials by the City. Failure on the Contractor's part to comply with any specification herein, once the bid is accepted by the City, will be grounds for termination of the contract. All items called for in the specifications, including but not limited to the materials constructed as shown, and the necessary manuals, must be complied with before the final payment can be processed. Failure to include full descriptive literature may be cause to reject the offer. The term "approved equal" shall mean that the quality of materials must be equal to the named reference and receive the approval of the City. The City shall be the sole arbiter in the determination of equality, and it reserves the right to reject any and all bids, to accept the bid or bids which in its sole and absolute judgment will, under all circumstances, best serve the interest of the City. Energy/Conservation Device Kit Purchase Contract 07-15 page 3 of 13 ~ . GENERAL INFORMATION: The City'of Port Angeles reserves the right to consider delivery time, to waive any informalities or minor defects and to reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No Bidder will be permitted to withdraw its bid between the closing time for receipt of proposals and the execution of contract, unless the award is delayed for a period exceeding sixty (60) calendar days. The City of Port Angeles may, at its option, in awarding this purchase contract, take into consideration the revenue it would receive from purchasing the materials from a supplier located within its boundaries, in accordance with RCW 39.30.040. Contract shall allow purchases for the period of 365 calendar days from the date of award of the contract unless the Bidder specifically limits its offer to a shorter period by written notification on the bid document. However, bids so modified may be declared non-responsive. Quantity shown (1000 kits) will be the minimum quantity ordered. Orders for additional quantities may be placed with successful bidder over a period of 365 days from the date of award. Prices bid shall be good for all materials ordered during that period. The total amount of the agreement will not exceed $100,000 (one hundred thousand dollars). The City of Port Angeles will be offering kits free to their water electric and water utility customers. Coupons will be offered to approximately 10,000 customers. Payments shall be made monthly for materials received and invoiced. Minority and women 9wned 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 subcor)tractors and material suppliers for this pr~ect. . Signing of the bid sheet by Contractor will constitute an irrevocable offer valid for sixty (60) days and subsequent acceptance by the City Council of the lowest responsible bid will constitute a binding agreement between the City and Contractor. Contractor understands and agrees that no contract payment will be made until the City certifies that all stated specifications have been complied with and the materials are delivered and accepted by the City. Bids will be evaluated and submitted to the City Council for acceptance or rejection as soon as possible after bid opening. All bidders will be notified of results in writing. Upon award of a contract to the successful bidder, the City will send the Contractor duplicate, complete sets of Contract Documents, which will include the City's Purchase Order Requisition. The Purchase Order Requisition will include the final agreed upon price and the specific materials being purchased. The Contractor 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 in writing to Craig Fried, Contract Specialist, (360) 417-4855; or Mike Puntenney, Deputy Director of Operations, (360) 417-4802. STANDARD TERMS AND CONDITIONS: Energy/Conservation Device Kit Purchase Contract 07-15 , page 4 of 13 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. DELIVERY & ACCEPTANCE: For any exception to the delivery date as specified in this Contract, Contractor shall give prior notification and obtain written approval thereto from the City. Time is of the essence and the Contract is subject to termination for failure to deliver as specified and/or appropriate damages. The acceptance by the Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor. 4. PAYMENTS: Invoices will not be processed for payment until receipt of a properly completed invoice or invoiced items, whichever is later. Payment will be made within 30 days of receipt of invoice. 5. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. 6. REJECTION: All goods or materials purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of non-conformity to the terms and specifications of this Contract, whether held by the Purchaser or returned, will be at Contractor's risk and expense. 7. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Contract shall contain the applicable purchase contract number. - 8. INFRINGEMENTS: Contractor agrees to protect and hold harmless the Purchaser 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. 9. WARRANTIES: Contractor warrants that articles supplied under this Contract conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. 10. ASSIGNMENTS: The provisions or moneys due under this Contract shall only be assignable with prior written consent of the Purchaser. 11. TAXES: Unless otherwise indicated the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Contractor shall be made for federal excise taxes, and the Purchaser agrees to furnish Contractor, upon acceptance of articles supplied under this Contract with an exemption certificate. Energy/Conservation Device Kit Purchase Contract 07-15 page 5 of 13 12,. 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. 13. RISK OF LOSS: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to acceptance of the material by the purchaser. Such loss, injury or destruction shall not release Contractor from any obligation hereunder. 14. HOLD HARMLESS: Contractor shall protect, indemnify, arid hold the Purchaser 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. 15. LABOR AND INDUSTRIES: Contractor is required to the extent applicable, to procure Labor and Industries permits LI 700-7 and LI 700-29 and abide by the requirements thereof. Copies of "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" shall be submitted to the City Clerk and Department of Labor and Industries. 16. ANTI-TRUST: Contractor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact borne by the Purchaser. Therefore, Contractor hereby assigns to the Purchaser any and all claims for such overcharges. 17. DEFAULT: Contractor shall be liable for damages suffered by the Purchaser resulting from Contractor's breach of Contract. The Contractor covenants and agrees that in the event suit is instituted by the Purchaser 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 Purchaser all costs, expended or incurred by the Purchaser in connection therewith, and reasonable attorney's fees. The Contractor agrees that the Superior Court of the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in Clallam County. 18. 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 that 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. 19. SAFETY: The materials shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. 20. ACCEPTANCE: CONTRACTOR ACCEPTS ALL OF THE TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE BY THE PURCHASER TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR CONTRACTOR AS A CONDITION OF ACCEPTANCE OR DELIVERY. Energy/Conservation Device Kit Purchase Contract 07-15 page 6 of 13 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this 21st day of December, 2007, between the City of Port Angeles (hereinafter called the "Purchaser") and Niaqara Conservation, Corp (hereinafter called the "Contractor", "Vendor", or "Bidder"). WITNESSETH: That the Purchaser and the Contractor, in consideration of the performance of the terms and conditions hereinafter mentioned, agree as follows: ARTICLE I , 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 Purchaser 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 Purchaser shall give a written interpretation thereof, which interpretation shall govern. ARTICLE II CONTRACT COST The Contractor agrees to sell and deliver to the Purchaser, at the delivery points specified by City in the form of a purchase order and/or spreadsheet to City's electric and water utility customers, and the Purchaser agrees to purchase and receive from Contractor the equipment as described and set forth in the Contract Documents, Schedule A 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 Purchaser. 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. 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: Energy/Conservation Device Kit Purchase Contract 07-15 page 7 of 13 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 establishment of n'ondiscriminatory requirements in hiring an 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 Purchaser 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 Purchaser 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 Purchaser may purchase the materials necessary for complete performance of this Contract, and the Contractor shall be liable to the Purchaser for any excess cost thereby. ARTICLE VII , SEVERABILITY If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Contract are declared severable. 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. Energy/Conservation Device Kit Purchase Contract 07-15 page 8 of 13 Dated: CITY OF P RT ANGELES Dated l:l- &, - 0'7 1)~OVE~ At:{ ~ORM William Bloor, City Atorney ATTEST: 60 &~~ 1..JptD ~ Becky J. Up , . y Clerk Energy/Conservation Device Kit Purchase Contract 07-15 page 9 of 13 , . BID NO. 07-15 Energy/Conservation Device Kit Purchase SCHEDULE A GENERAL DESCRIPTION: Energy/Conservation Device Kit Purchase. Any components of the kit cannot be part of any Bonneville Power Administration price buy-down program. Bidders wifl include with their proposal either a "sample" or "cut sheets'" for each of the items being offered. Any samples that are submitled will be mailed back to the bidder by the City no later than two weeks after contract award. Each kit shall include the following components and their quantities: Low-Flow Shower Head (1 Per Kit): . 2.0 GPM Maximum . White or Chrome Body · Brass Connector . Adjustable Spray Settings . 1 Year Warranty Minimum Kitchen Faucet Aerator (1 Per Kit): . 2.0 GPM Maximum . Swivel Spray Head · White or Chrome Body · Dual Thread Brass Connector . Adjustable Spray Bath Faucet Aerator (2 Per Kit): . 1.5 GPM Maximum . Chrome- plated Brass . Dual Thread Brass Connector 20 W CFl (2 Per Kit): . Currently Energy Star listed . Spiral or Mini-spiral · 2700-3200K Correlated Color Temperature or "Warm" Color Lamp . Minimum 2-year warranty · The following models are part of the Bonneville Power Administration price buy-down program and can !1.Q! be used as a component in the kit: Manufacturer Model Description Wattage GE 15516 SPIRAL 20 Greenlite 2 OW/ELS-MIZ SPIRAL 20 Sylvania CF20EUmini!1/bl SPIRAL 20 13 W CFL (3 Per Kit): . Currently Energy Star listed · Spiral or Mini-spiral . 2700-3200K Correlated Color Temperature or "Warm" Color Lamp · Minimum 2-year warranty Energy/Conservation Device Kit Purchase Contract 07-15 page 10 of 13 . . The following models are part of the Bonneville Power Administration price buy-down program and can not be used as a component in the kit: Manufacturer Model Description Wattage Feit CE13T SPIRAL 13 Greenlite 13W/ELS-M SPIRAL 13 The City of Port Angeles will be offering kits free to their water electric and water utility customers. Offer coupons will be sent to approximately 10,000 customers. A monthly purchase order consolidating the coupons received will be placed by the City of Port Angeles with the successful bidder (vendor), unless otherwise agreed upon by both parties. Each purchase order will include the correct address for the vendor to individually ship the kit directly to the utility customers. Bid item #1 price per "Energy/Conservation Device Kit" shall include all costs including kits, shipping and handling fees, and direct mailing to City's customers. Payments shall be made monthly for materials invoiced and received. Ordering period: Purchase orders may be placed for a period of 365 days from the date of award of the contract. Maximum order quantity for this contract shall be priced up to and including: $100,000.00 DATE DELIVERY REQUIRED: Maximum of 30 days from receipt of purchase order. ITEM # MINIMUM DESCRIPTION UNIT COST PER TOTAL PRICE QUANTITY KIT FOR MINIMUM TO BE ORDER ORDERED QUANTITY 1. 1000 Energy/Conservation i f~. a6' ~ \31~~'~ Device Kit (Including Shippinq and Handlinq) SUBTOTAL ~ 10 aco~ WASHINGTON STATE SALES TAX at 8.4% n\~ TOTAL SCHEDULE A I~ 13 8~.-60 Above Table shows the minimum quantities that the City of Port Angeles will be purchasing. Energy/Conservation Device Kit Purchase Contract 07-15 page 11 of 13 /1 , . City of Port Angeles Bid No. 07-15 Energy/Conservation Device Kit Purchase BID SIGNATURE SHEET (BrD SUMMARY and SIGNATURES) Schedule being bid: 'Schedule A Will yo~1 additional units to the City of Port Angeles at the bid price unttl further notice? @ No ADDENDA ACKNOWLEDGMENT: The bidder hereby acknowledges that it has received Addenda No(s). --4 to this project manual. The undersigned hereby accepts the terms and conditions as set forth herein. This bid submittaJ sheet must be signed and dated by the bidder or a representative legally authorized to bind the bidder. - FULL LEGAL NAME OF BIDDER N'1 aaOf 0- Crj('f?~'(\( Cl-hC(J C 15~( D 'J \ -------...::' TYPE OF BUSINESS: ( Corporati;--) Partnership (general) Partnership (limited) ~orship limited Liability Company ADDRESS 45 ~(;~-L\f\'L\\ e..d CITY/STATE/ZIP C:ed(l,( ~t:A \s; t-.l ~ DI ~ r~L PHONE q,\'=J-xAq"CRrD FAX q,":).3-mQ; 1400 NAME (PLEASE PRINT)Th, \ Gex--(y\\ rlCl( if) TITLE D1S-e~~ ~\eS ) ~-tCv- ~Q.+:) ~ -~~;;~l SIGNED-, ~(. . ~_ _ elL) 01 \. ""..1 Energy/Conservation Device Kit Purchase Contract 07-15 page 12 of 13 . . NDN.:COLLUSION AFFIDAVIT STATE OF WASHINGTON ) ) COUNTY OF ) The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to him/her self an advantage over any other bidder or bidders. Subscribed and sworn to before me this:iJ!... day of iN /)y trY7,fJep ,20:Q:1.. Sheena H. Stewart Notary Public of New Jersey My Commission Expires May 20, 2009 ~M,M~.... Notary Public in and or the State of WBshingtol'L 0e.....:> .::re..r6~ Residing at My Comm. Exp.: ~a~ c:90, c9aJCi Energy/Conservation Device Kit Purchase Contract 07-15 page 13 of 13