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HomeMy WebLinkAbout000950 Original Contract City of Port Angeles Record # 000950 CONTRACT DOCUMENTS for PAD-MOUNTED DISTRIBUTION TRANSFORMER PURCHASE CONTRACT NO. MEC15-16 , 901114A CORKS Ado J� CITY OF PORT ANGELES WASHINGTON March, 2015 CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS &UTILITIES MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF PUBLIC WORKS &UTILITIES Reviewed by'--'--, Approved by: Mike Puntenney,P.I :~_ William Bloor Deputy Director of Public`arks& lities City Attorney PROJECT NO.LO-14-036 PAGE 1 OF 21 z l March 20"', 2015 CITY OF PORT ANGELES �JOF poHigM1,C�C INVITATION TO BID For PAD-MOUNTED DISTRIBUTION TRANSFORMER c �SA� Sealed bids will be received by the Contract Specialist until 2:OOPM, May 27th, 2015, 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: (2) 1,000 kVA, 480Y/277V three-phase pad-mounted distribution transformers (1) 500 kVA, 208Y/120V three-phase pad-mounted distribution transformer (1) 300 kVA, 208Y/120V three-phase pad-mounted distribution transformer Bid documents may be obtained by calling Lucy Hanley at (360) 417-4541 or by emailing contracts a,cityo a.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: May 14"', 2015 PROJECT NO. MEC15-16 PAGE 2 OF 21 I . , 1'0 F 9ORT4, INSTRUCTIONS FOR BIDDERS g _ ®�F Equipment Bids �ORI(S ANOJ BID SUBMITTAL: to adhere to instructions may constitute disqualification of proposal. All bids must be sealed with the outside of the envelope marked with the BID OPENING COMPLIANCE WITH SPECIFICATIONS: DATE May 27"i, 2015, PURCHASE The equipment must be in accordance with the CONTRACT NO. MEC15-16. The NAME spccifcations. AND ADDRESS OF THE BIDDER shall also appear on the outside of the envelope. Bids Failure on the Contractor's part to comply with shall be directed to the Contract Specialist, and any specification herein will be grounds for mailed to PO Box 1150, or delivered to 321 East disqualification of the bid. Fifth Street, Port Angeles, Washington 98362. All items called for in the specifications, It is the intent of the attached specifications to including but not limited to the equipment describe the minimum requirements for the constructed as shown, and the necessary equipment requested in sufficient detail to manuals, must be complied with before the final secure bids on comparable equipment. All parts payment can be processed. which are necessary in order to provide a complete unit as described, meeting all safety Where the description of an item includes both requirements, and ready for operation, shall be specifications and a brand name and number, the included in the bid and shall conform in specifications shall govern in case of conflict. strength, quality of workmanship and material to Brand name and number are for reference as to that which is usually provided the trade in the type and quality required and do not general. Any variance from the specifications or preclude offers of a comparable or better standards of quality must be clearly pointed out product, provided full specifications and in writing by the bidder. descriptive literature accompany the offer. Failure to include full descriptive literature may Do not make reference to brochures or be cause to reject the offer. supporting literature on the bid sheet. All notations for bid compliance or exceptions WARRANTY: are to be made on the bid sheet or on a plain The purchased supplies or equipment furnished piece of paper attached and referenced to the must have full manufacturer's warranties, and bid item. the warranties must inure to the benefit of the City. If a bidder's corporate policy mandates use of an official quotation form, it may be submitted. Vendor agrees to these warranty provisions by However, the cost data must be duplicated on signing the bid proposal. the City's bid cost data and agreement sheet. The City's bid sheet must be signed by the SAFETY: bidder or its agent in order for the proposal This unit shall completely comply with all State to be accepted. If alternate equipment is and Federal laws, rules, regulations and codes in proposed, bidders are required to submit a effect at the time of delivery. separate bid sheet for each unit offered. The unit shall be tested by the successful bidder All bids must be made on the required bid form for compliance with all OSHA/WISHA and in cases of errors in the extension of prices regulations and the State Department of Labor in the bid, the unit prices will govern. All blank and Industries Safety Rules. spaces for bid prices must be filled in, with ink or typewritten, and the bid form must be fully DELIVERY&ACCEPTANCE: completed and executed when submitted. Only one copy of the bid form is required. Faxed The terms of delivery shall be in accordance and emailed bids will not be accepted. Failure with Schedule A, Paragraph D of the Contract. Deliveries shall be free on board(FOB). PROJECT NO. MEC15-16 PAGE 3 OF 21 located within its boundaries, in accordance with For any exception to the delivery date as RCW 39.30.040. specified in this Contract, Vendor shall give prior notification and obtain written approval For the Schedule(s), offers made in accordance thereto from the City. Time is of the essence and with the Invitation to Bid shall be good and firm the Contract is subject to termination for failure for the period of 90 calendar days after contract to deliver as specified and/or appropriate award unless the Bidder specifically limits its damages. The acceptance by the City of late offer to a shorter period by written notification performance with or without objection or on the bid document. However,bids so modified reservation shall not waive the right to claim may be declared non-responsive. Quantities damage for such breach nor constitute a waiver shown are of total estimated initial quantities to of the requirements for the timely performance be ordered. Purchase Orders for additional of any obligation remaining to be performed by quantities may be placed with successful bidders Vendor. over this period from the date of award. Prices bid shall be good for all equipment and materials The successful bidder shall be responsible for ordered during that period. All orders shall be delivery to the City's Light Operations Site, placed using City of Port Angeles Purchase 1707 South A Street, Port Angeles, Washington, Orders. Payments shall be made monthly for between the hours of 7:30 AM and 2:30 PM materials received and invoiced. during the City's normal work day. Delivery shall be made within the time period specified Offers made in accordance with the Invitation to on the Bid Form. Bid shall be good and firm for the period specified in the bid unless the Bidder OPTIONAL BID: specifically limits its offer to a shorter period by The optional bid is a separate bid item not written notification on the bid document. associated to the procurement of the base bid. However, bids so modified may be declared non The City of Port Angeles reserves the right to responsive. accept or reject any or all optional bids submitted by bidder. The acceptance or rejection Minority and women owned businesses shall be of the optional bid shall be solely at the City's afforded full opportunity to submit bids in discretion. Bids submitted without an optional response to this invitation, shall not be bid will not be disqualified. discriminated against on the grounds of sex, race, color, age, national origin or handicap in GENERAL INFORMATION: consideration of an award of any contract or The City of Port Angeles reserves the right to subcontract, and shall be actively solicited for consider delivery time and may waive any minor participation in this project by direct mailing of irregularities or minor defects or reject any and the invitation to bid to such businesses as have all bids. Any bid may be withdrawn prior to the contacted the City for such notification. Further, above scheduled time for the opening of bids or all bidders are directed to solicit and consider authorized postponement thereof. Any bid minority and women owned businesses as received after the time and date specified shall potential subcontractors and material suppliers not be considered. No Bidder will be permitted for this project. to withdraw its proposal between the closing time for receipt of proposals and the execution Signing of the bid sheet by Bidder and of contract, unless the award is delayed for a subsequent acceptance by the City of the lowest period exceeding sixty (60) calendar days. The responsive bid will constitute a binding City of Port Angeles may, at its option, in agreement between the City and Bidder. Bidder awarding this purchase contract, take into understands and agrees that final contract consideration the revenue it would receive from payment will not be made until the City purchasing the equipment from a supplier certifies that all stated specifications have been PROJECT NO.MEC15-16 PAGE 4 OF 21 I . 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-)citvofpa.us . PROJECT NO.MEC15-16 PAGE 5 OF 21 R'°,pORT4 0, 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. Not more than 50% of the contract amount will be paid prior to receipt of the transformer. 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.MEC15-16 PAGE 6 OF 21 �. 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.MEC15-16 PAGE 7 OF 21 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.MEC15-16 PAGE 8 OF 21 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this � day of �y , 2015, between the City of Port Angeles (hereinafter called the "City") and HD Supply Power Solutions (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.MEC15-16 PAGE 9 OF 21 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 establishinent 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.MEC15-16 PAGE 10 OF 21 I HD SUPPLY POWER SOLUTIONS CITY OF PORT ANGELES B By: y: Title: S Title: Dated: Dated: -7 0 Is- ATT ATTEST: (-bohy C/ty Clerk Appr ved to as to f r Citmtt0m,ey/x-----z�7 Project No.MEC 15-16 Page 11 of 21 . .... ... ....