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HomeMy WebLinkAbout4.604 Original Contract ~ PROJECT MANUAL CONTRACT DOCUMENTS for ENERGY/CONSERVATION DEVICE KIT PURCHASE PURCHASE CONTRACT NO. PW~08M26 CITY OF PORT ANGELES WASHINGTON November 2008 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MIKE PUNTENNEY. DEPUTY DIRECTOR OF OPERATIONS RevIewed by:. _ - 'I I / / (f _ '_.._, I, ( - - \ . , ' I' '> "-., M e:'Pudenney, P'E "" , Deputy Director Energy/Conservation DeVice Kit Purchase Contract PW-08-26 page 1 of 16 -<to (go<l '. CITY OF PORT ANGELES iNV!T A TION 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 08,2008 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 Matenals. Schedule A Energy/Conservation Device Kit Purchase The matenals to be bid are fully descnbed 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 30am and 3 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 Lucy Hanley, Contract Specialist at (360) 417-4541, between the hours of 8 30 AM and 330 PM The City of Port Angeles reserves the nght 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. Mlnonty and women owned bUSinesses shall be afforded full opportunity to submit bids In response to this Invitation, shall not be dlscnmlnated against on the grounds of sex, race, color, age, national ongln 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 mlnonty and women owned bUSinesses as potential subcontractors and matenal suppliers for this project Bids must be sealed With the outSide of the envelope marked "BID OPENING DATE December 08, 2008, PURCHASE CONTRACT NO PW-08-026" 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 Glenn Cutler, Director of Public Works & Utilities PO Box 1150,321 East Fifth Street Port Angeles, Washington 98362 PUBLISH' Peninsula Dally News November 25, 2008 Dally Journal of Commerce November 25, 2008 Energy/Conservation Device Kit Purchase Contract PW-08-26 page 2 of 16 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 08,2008, PURCHASE CONTRACT NO. PW-08-26". 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 Glenn Cutler, Director of Public Works & Utilities 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 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 Energy/Conservation DeVice Kit Purchase Contract PW-08-26 page3of16 . of equality, and it reserves the right to reject any arid 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. 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 electric utility customers. Coupons will be offered to approximately 10,000 customers. Payments shall be made monthly for materials received and invoiced. 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. 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 Energy/Conservation DeVice Kit Purchase Contract PW-08-26 page 4 of 16 . directed in writing to Lucy Hanley, Contract Specialist, (360) 417-4541; or Mike Puntenney, Deputy Director of Operations, (360) 417-4802. STANDARD TERMS AND CONDITIONS: 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. Energy/Conservation DeVice Kit Purchase Contract PW-08-26 page 5 of 16 " '. 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. 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, and 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. 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. 16 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. 17. 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. 18. SAFETY: The materials shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. 29. 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 PW-08-26 page 6 of 16 PURCHASE CONTRACT .LA _ c;Gl [)D q THIS AGREEMENT is made and entered into this ~ay Of(....~A . ,2.Getr,'"between the City of Port Angeles (hereinafter called the "Purchaser") and AM Cons~roup, Inc (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. Energy/Conservation Device Kit Purchase Contract PW-08-26 page7of16 ARTICLE V NONDISCRIMINA TION 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 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. Energy/Conservation Device Kit Purchase Contract PW-08-26 page 8 of 16 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. CONTRACTOR CITY OF PORT ANGELES BY:~~ By: .-- Title: AecoG.."v1 ~..(fCLl"V.f Title: Dated' I 'J," '2-1- 0 a Dated: ATTEST: - (' ATTEST: f~,$~ .Vpb:M- / APproV~d to as ,to fO~?( /! 1z!.:d'~- );7~~-- City Attorney Energy/Conservation Device Kit Purchase Contract PW-08-26 page 9 of 16 .. City of Port Angeles Invitation to Bid Purchase Contract: PW-08-026 Schedule A Energy/Conservation Device Kit Bid Item 1: GENERAL DESCRIPTION: Energy/Conservation Device Kit Purchase. Each kit shall include the following components and their quantities: SPECIFICATIONS: 13 W CFL Light Bulb (Energy Star Listed), 2 per kit 20 W CFL Light Bulb (Energy Star Listed), 2 per kit 23 W CFL Light Bulb (Energy Star Listed), 1 per kit QUANITITY: See Chart Below DATE DELIVERY REQUIRED: Maximum of 30 days from receipt of purchase order. Each kit shall include the following components and their quantities: 13 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 listed models (chart below) are part of the Bonneville Power Administration price buy-down program and shall NOT be used as a component In the kit: I Manufacturer I Model Description I Wattage I I Sylvania I CF13ELlMINITWISTIDAyr' " navllqht 113 I Svlvania CF13ELlMICROMINI/2/12/RP T2 TWist 13 GE 85390 T2 TWist 13 GE 85383 T2 TWist 13 Felt BPESL 13T/D DavliQht 13 Energy/Conservation Device Kit Purchase Contract PW-08-26 page 10 of 16 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 listed models (chart below) are part of the Bonneville Power Administration price buy-down program and shall NOT be used as a component in the kit: Manufacturer Model Description Wattage GE 85396 Daylight 20 23 W CFL (1 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 listed models (chart below) are part of the Bonneville Power Administration price buy-down program and shall NOT be used as a component in the kit: I Manufacturer I Model Description I Wattage I Svlvanla CF23ELMINITWISTDAYBL 1 Dayltqht I 231 Svlvanla CF23/EL/MICROMI NI/2/12/RP T2 TWist 23 Felt BPESL23TM/D Dayllqht 23 Felt 407483 Dayltq ht 23 Felt BPESL23T/D DaY!lqht I 231 Energy/Conservation Device Kit Purchase Contract PW-08-26 page 11 of 16 ... The City of Port Angeles will be offering kits free to their electric 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 Energy/Conservation Device Kit Purchase Contract PW-08-26 page 12 of 16 . '~ City of Port Angeles Bid No. PWm08m026 BID FORM Energy/Conservation Device Kit Bidder must bid on all bid items. The bidder hereby bids the following amounts for all material described in the Contract Documents. Bid Item Quantity Unit Price Total Price Bid Item 1: Energy/Conservation Device Kit 1000 Subtotal: f 17 6 20. 0 Sales Tax Frei ht Total Bid Energy/Conservation Device Kit Purchase Contract PW-08-26 page 13 of I" , 10 City of Port Angeles Bid No. PW-08-026 Energy/Conservation Device Kit Purchase BID SIGNATURE SHEET (BID SUMMARY and SIGNATURES) Schedule being bid: 0 Schedule A Will you sell additional units to the City of Port Angeles at the bid price until further notice? ~ 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 14 ft Co,0~~'CVI4-Tlvt1r c.l?()U;: Ide. TYPE OF BUSINESS: ~~r~ Partnership (general) Partnership (limited) Sole roprietorship Limited Liability Company ADDRESS Z 30} Co H ~ ,"( L l7 ~ Tn AJ R.. e (;",10 N A L rJ I.<wy. CITY/STATE/ZIP CJlA/Z.F('rotJ S'C 29'7/9 2- " PHONE ~oo - 777 - 56'55' FAX 8t('.~,.. 97 (- (V7 2. NAME (PLEASE PRINT) iJfI/L Dt'I3FTra. TITLE /I Ceo CA,.j r ~K ~CCA r,.ve SIGNED ;I~~ DATE /2.- ~-OR Energy/Conservation DeVice Kit Purchase Contract PW-08-26 page H of 16 ~ . " . NONsCOllUSION AFFIDA V!T 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. .kP~~ ~ Signature of Bidder/Contractor Subscribed and sworn to before me this -2 day of D~~ , 20 0 ~ . ~:~~2l~~~__ ResidIng at My Comm. Exp.: E::>i. ~ ,~ -201$ Energy/Conservation Device Kit Purchase Contract PW-08-26 page 15 of 1" BIDDER'S CHECKLIST 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. r Energy/Conservation Device Kit Purchase Contract PW-08-26 page 16 of 16