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HomeMy WebLinkAbout000802 Original Contract City of Port Angeles Record # 000802 CONTRACT DOCUMENTS for PRIMARY METERING CABINETS PURCHASE CONTRACT NO. LO-14-016 �0 ppRT �v CORKS ANp CITY OF PORT ANGELES WASHINGTON June 2014 CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES MIKE PUNTENNEY, CITY ENGINEER Reviewed Py:—. Approved by: Mike Puntenney s William Bloor ` City Engineer City Attorney Page 1 of 17 June 10, 2014 1,Of pOPiq CITY OF PORT ANGELES ��►�•�s INVITATION TO BID For �! PRIMARY METERING CABINET Sealed bids will be received by the Contract Specialist until 2:OOPM, July 22, 2014, and will be opened and read in the Public Works conference room — Jack Pittis, main floor, Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington 98362. Bids will be taken for the following Materials: Three-Phase 15— kV Safefront 200 Amp Primary Metering Station Bid documents may be obtained by calling Lucy Hanley at (360) 417-4541 or by emailing contractsCa.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 project. Mike Puntenney City Engineer PUBLISH: Peninsula Daily News: July 6, 2014 Project No. LO-14-016 Page 2 of 17 �'0 pORT.4,C�` °N INSTRUCTIONS FOR BIDDERS Equipment Bids 'RKS BID SUBMITTAL: All bids must be made on the required bid form and in cases of errors in the extension All bids must be sealed with the outside of of prices in the bid, the unit prices will the envelope marked with the BID govern. All blank spaces for bid prices must OPENING DATE July 22, 2014, be filled in, with ink or typewritten, and the PURCHASE CONTRACT NO. LO-14-016. bid form must be fully completed and The NAME AND ADDRESS OF THE executed when submitted. Only one copy BIDDER shall also appear on the outside of of the bid form is required. Faxed and the envelope. Bids shall be directed to the emailed bids will not be accepted. Contract Specialist, and mailed to PO Box Failure to adhere to instructions may 1150, or delivered to 321 East Fifth Street, constitute disqualification of proposal. Port Angeles, Washington 98362. COMPLIANCE WITH SPECIFICATIONS: It is the intent of the attached specifications The equipment must be in accordance with to describe the minimum requirements for the specifications. the equipment requested in sufficient detail to secure bids on comparable equipment. Failure on the Contractor's part to comply All parts which are necessary in order to with any specification herein will be grounds provide a complete unit as described, for disqualification of the bid. meeting all safety requirements, and ready for operation, shall be included in the bid All items called for in the specifications, and shall conform in strength, quality of including but not limited to the equipment workmanship and material to that which is constructed as shown, and the necessary usually provided the trade in general. Any manuals, must be complied with before the variance from the specifications or final payment can be processed. standards of quality must be clearly pointed out in writing by the bidder. Where the description of an item includes both specifications and a brand name and Do not make reference to brochures or number, the specifications shall govern in supporting literature on the bid sheet. All case of conflict. Brand name and number notations for bid compliance or are for reference as to the type and quality exceptions are to be made on the bid required and do not preclude offers of a sheet or on a plain piece of paper comparable or better product, provided full attached and referenced to the bid item. specifications and descriptive literature accompany the offer. Failure to include full If a bidder's corporate policy mandates use descriptive literature may be cause to reject of an official quotation form, it may be the offer. submitted. However, the cost data must be duplicated on the City's bid cost data and WARRANTY: agreement sheet. The City's bid sheet The purchased supplies or equipment must be signed by the bidder or its agent furnished must have full manufacturer's in order for the proposal to be accepted. warranties, and the warranties must inure to If alternate equipment is proposed, bidders the benefit of the City. are required to submit a separate bid sheet for each unit offered. Vendor agrees to these warranty provisions by signing the bid proposal. Project No. LO-14-016 Page 3 of 17 SAFETY: contract, unless the award is delayed for a This unit shall completely comply with all period exceeding sixty (60) calendar days. State and Federal laws, rules, regulations The City of Port Angeles may, at its option, and codes in effect at the time of delivery. in awarding this purchase contract, take into consideration the revenue it would receive The unit shall be tested by the successful from purchasing the equipment from a bidder for compliance with all OSHA/WISHA supplier located within its boundaries, in regulations and the State Department of accordance with RCW 39.30.040. Labor and Industries Safety Rules. For the Schedule(s), offers made in DELIVERY& ACCEPTANCE: accordance with the Invitation to Bid shall be good and firm for the period of 90 The terms of delivery are shall not exceed calendar days after contract award 160 calendar days from issuance of unless the Bidder specifically limits its offer purchase order. Deliveries shall be free on to a shorter period by written notification on board (FOB). the bid document. However, bids so modified may be declared non-responsive. For any exception to the delivery date as Quantities shown are of total estimated specified in this Contract, Vendor shall give initial quantities to be ordered. Purchase prior notification and obtain written approval Orders for additional quantities may be thereto from the City. Time is of the essence placed with successful bidders over this and the Contract is subject to termination for period from the date of award. Prices bid failure to deliver as specified and/or shall be good for all equipment and appropriate damages. The acceptance by materials ordered during that period. All the City of late performance with or without orders shall be placed using City of Port objection or reservation shall not waive the Angeles Purchase Orders. Payments shall right to claim damage for such breach nor be made monthly for materials received and constitute a waiver of the requirements for invoiced. the timely performance of any obligation remaining to be performed by Vendor. Offers made in accordance with the Invitation to Bid shall be good and firm for The successful bidder shall be responsible the period specified in the bid unless the for delivery to the City's Maintenance Yard, Bidder specifically limits its offer to a shorter 1703 South B Street, Port Angeles, period by written notification on the bid Washington, between the hours of 7:30 AM document. However, bids so modified may and 3:00 PM during the City's normal work be declared non responsive. day. Delivery shall be made within the time period specified on the Bid Form. Minority and women owned businesses shall be afforded full opportunity to submit GENERAL INFORMATION: bids in response to this invitation, shall not The City of Port Angeles reserves the right be discriminated against on the grounds of to consider delivery time and may waive any sex, race, color, age, national origin or minor irregularities or minor defects or reject handicap in consideration of an award of any and all bids. Any bid may be withdrawn any contract or subcontract, and shall be prior to the above scheduled time for the actively solicited for participation in this opening of bids or authorized postponement project by direct mailing of the invitation to thereof. Any bid received after the time and bid to such businesses as have contacted date specified shall not be considered. No the City for such notification. Further, all Bidder will be permitted to withdraw its bidders are directed to solicit and consider proposal between the closing time for minority and women owned businesses as receipt of proposals and the execution of Project No. LO-14-016 Page 4 of 17 potential subcontractors and material suppliers for this project. Signing of the bid sheet by Bidder and subsequent acceptance by the City of the lowest responsive bid will constitute a binding agreement between the City and Bidder. Bidder understands and agrees that no contract payment will be made until the City certifies that all stated specifications have been complied with and the equipment is delivered and accepted by the City. Bids will be evaluated and submitted to the authorized purchasing agent for approval as soon as possible after bid opening. All bidders will be notified of results in writing. Upon award of the 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 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(a)-cityofpa.us . Project No. LO-14-016 Page 5 of 17 tiro,pOR741 •.,N CITY OF PORT ANGELES STANDARD TERMS AND CONDITIONS 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, whichever is later. 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 one year 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. Project No. LO-14-016 Page 6 of 17 b. When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount 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 9.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 9.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 which 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. Project No. LO-14-016 Page 7 of 17 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 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. LO-14-016 Pn9n 8 of 17 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this q day of 2014, between the City of Port Angeles (hereinafter called the "City") and General Pacific, 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. LO-14-016 Page 9 of 17 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 establishment 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 performance 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. Project No. LO-14-016 Page 10 of 17 GENERAL PACIFIC, INC. CITY OF PORT ANGELES By: Title: Dated; '3 Dated: ATTEST: ATTEST: r Ci y Clerk Appr ved to as t rm City torney Project No. LO-14-016 Page 11 of 17 City of Port Angeles Schedule A Invitation for Bid Primary Metering Cabinet Purchase Contract: LO-14-016 GENERAL DESCRIPTION: Three-Phase 15 — kV Safefront 200 Amp Primary Metering Station WARRANTY: Any defect in design, material, and/or construction discovered within twelve (12) months shall be corrected on all cabinets furnished on the order at the manufacturer's expense. FREIGHT: Freight shall be FOB destination. SPECIFICATIONS OF MATERIALS: Three-Phase Primary Metering Cabinets MDUS — 302 1.0 GENERAL: 1.1 This specification covers the electrical and mechanical characteristics of three- phase, 60 Hz, 200 ampere pad-mounted primary metering cabinets. 1.2. All characteristics, definitions, and terminology, except as specifically covered in this specification, shall be in accordance with the latest revision of the following ANSI and NEMA standards. C57.12.28 - Pad-Mounted Equipment - Enclosure Integrity. 2.0 RATINGS: 2.1. Bushings and bus shall be rated for 200 A continuous, Bus to be silver-plated copper. 2.2. The primary voltage shall be 15 kV nominal for use on 12470GrdY/7200V system, and the basic impulse insulation level (BIL) shall be 95 kV. 2.3. Terminals shall be equipped with 200A dead-front load-break bushings. Bushings shall be in accordance with ANSI/IEEE Standard 386 to accept all standard separable insulated connectors and inserts. 3.0 GENERAL DESIGN: 3.1 Switch cabinet shall be free-standing, self-supporting construction, not intended for bolting directly to transformers, with provisions for cable entrance and exit through the bottom. Project No. LO-14-016 Page 12 of 17 I I i 3.2 Enclosure shall be 12-gauge ANSI 304L stainless steel, Munsell green finish. Bottom two inches of the enclosure shall be provided with a base undercoating to further prevent corrosion. 3.3 Roof shall be cross-kinked for water shedding in all directions. Roof shall be removable to allow easy cable pulling during installation. Underside of roof shall be coated with an insulated compound to prevent condensation. 3.4 Access to compartments shall be controlled by locking 3-point latching mechanisms and pentahead bolts that can only be opened after a padlock is removed. 3.5 All switch and fuse components shall be enclosed in an inner grounded steel compartment with a floor of 22-gauge galvanized steel sheet to keep out foliage and animals. 3.6 Parking stands shall be adjacent to each bushing and bushing well. Grounding provisions shall be located in each termination compartment suitable for use with separable insulated connectors and related accessories. 3.7 Provide ANSI 304 stainless steel transformer mounting pan to accept all standard NEMA metering transformers. (Transformers to be provided and installed by City). Phases shall be separated by glass-reinforced barriers. 4.0 CONNECTIONS: 4.1 Input/Output bushings shall be as follows: 4.1.1 Three loadbreak input bushings. (One per phase) 4.1.2 Three loadbreak unmetered output bushings. (One per phase) 4.1.3 Six loadbreak metered output bushings. (Two per phase) 5.0 CATALOG NUMBERS: 5.1 Cabinets shall be Shallbetter#SPMD-315-66-22-SS, or equal. 6.0 SHIPPING: 6.1 Units shall be palletized. Project No. LO-14-016 Page 13 of 17 City of Port Angeles Bid No. LO-14-016 BID FORM Primary Metering Cabinet Bidder must bid on all bid items for a bid to be considered valid. The bidder hereby bids the following amounts for all material described in the Contract Documents. EXTENDED BID ITEM: DESCRIPTIONS: QUANTITY UNIT AMOUNT (EACH) PRICE: Three-Phase Primary Metering 1 , Cabinets— MDUS-302 1 Y Sales Tax (8.4%) u Total Amount Delivery Days: Indicate estimated number of days after the purchase order is received 38 that the unit will be delivered to the DAYS: ` lc city. The maximum number of days shall not exceed 160 days. I Page 14 of 17 Project No. LO-14-016 i I City of Port Angeles Bid No. LO-14-016 Primary Metering Cabinet BID SIGNATURE SHEET (BID SUMMARY and SIGNATURES) Will you sell additional units to the City of Port Angeles at the bid price until further notice? 0 Yes No ADDENDA ACKNOWLEDGMENT: The bidder hereby acknowledges that it has received Addenda No(s). - to this project manual. The undersigned hereby accepts the terms and conditions as set forth herein. This bid submittal sheet must be signed and dated by the bidder or a representative legally authorized to bind the bidder. FULL LEGAL NAME OF BIDDER ., r TYPE OF BUSINESS: ' Corporation 0 Partnership (general) 0 Partnership (limited) 0 Sole Proprietorship 0 Limited Liability Company ADDRESS - r / CITY/STATE/ZIPS -2 .c.v% f t o"zdu�s ,, v PHONE ff %° �y' FAX NAME (PLEASE PRINT) TITLE SIGNEDt4 s DATE Project No. LO-14-016 Page 15 of 17 Of PORT AN. BIDDER'S CHECKLIST �p savp 1. Has the Bid Submittal Sheet been properly signed, and corporate seal affixed, if applicable? 2. Has the Non-Collusion Affidavit been property executed? 3. Have all Addenda, if any, been acknowledged on the Bid Submittal Sheet? 4. BID MUST BE SUBMITTED BY THE TIME AND DATE SPECIFIED IN ORDER TO BE CONSIDERED A VALID BID. Project No. LO-14-016 Page 17 of 17