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HomeMy WebLinkAbout4.613 Original Contract " </. ul ~ CONTRACT DOCUMENTS for Police Special Service Utility Vehicle Purchase PURCHASE CONTRACT NO. ES-09-005 CITY OF PORT ANGELES WASHINGTON March 2009 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES MIKE PUNTENNEY, DEPUTY DIRECTOR OF OPERATIONS ;kedbY~.. ~ ~~ D ckso Senior Assistant City Attorney Project No. ES-O~05 Page 1 of 19 Original 2 of 2 /.. February 27, 2009 CITY OF PORT ANGELES INVITATION TO BID for Police SSV Utility Vehicle Purchase Sealed bids will be received by the Director of Public Works & Utilities until 2:00PM Monday, March 30 2009, and will be opened and read in the Public Works conference room, main floor, Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington 98362. Bids will be taken for: 2009 or Newer Ford Expedition - Two Wheel Drive Special Service Utility Vehicle The equipment to be bid includes the vehicles listed above, hereinafter collectively called the "Equipment." Bid documents may be obtained by calling Lucy Hanley at (360) 417-4541 or by emailinglhanley@cityofpa.us . All bids must be on the form provided. Faxed bids shall not be accepted. The City of Port Angeles reserves the right to reject any or all bids and to waive informalities 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. Glenn A. Cutler, Director PUBLISH: Peninsula Daily News: March 15,2009 Project No. ES-09-005 Page 2 of 18 t, INSTRUCTIONS FOR BIDDERS Equipment Bids BID SUBMITTAL: All bids must be sealed with the outside of the envelope marked with the BID OPENING DATE March 30, 2009, PURCHASE CONTRACT NO. ES-09-005. The NAME AND ADDRESS OF THE BIDDER shall also appear on the outside of the envelope. Bids shall be directed to the Director of Public Works and Utilities, and mailed to PO Box 1150, or delivered to 321 East Fifth Street, Port Angeles, Washington 98362. It is the intent of the attached specifications to describe the minimum requirements for the equipment requested in sufficient detail to secure bids on comparable equipment. All parts for body or chassis which are necessary in order to provide a complete unit, meeting all safety requirements, and ready for operation, shall be included in the bid and 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. Bidders are required to bid on schedule A. Bidders are required to bid all options pertaining schedule A. Failure to do so could be cause for the bid to be considered non-responsive. Bid award will be based on lowest responsive bid. If a bidder's corporate policy mandates use of an official quotation form, it may be submitted. However, the cost data must be duplicated on the City's bid cost data and agreement sheet. The City's bid sheet Project No. ES-09-005 must be signed by the bidder or its agent in order for the proposal to be accepted. If alternate equipment is 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 the bid form must be fully completed and executed when submitted. Only one copy of the bid form is required. Faxed bids will not be accepted. Failure to adhere to instructions may constitute disqualification of proposal. COMPLIANCE WITH SPECIFICATIONS: The equipment must be in accordance with the specifications. Failure on the Contractor's part to comply with any specification herein will be grounds for disqualification of the bid. All items called for in the specifications, including but not limited to the equipment constructed as shown, and the necessary manuals, must be complied with before the final payment can be processed. Where the description of an item includes both specifications and a brand name and number, the specifications shall govern in case of conflict. Brand name and number are for reference as to the type and quality required and do not preclude offers of a comparable or better product, provided full specifications and descriptive literature accompany the offer. Failure to include full descriptive literature may be cause to reject the offer. WARRANTY: The purchased vehicle must have full Manufacturer's new-vehicle warranties, and Page 3 of 18 " ," the warranties must inure to the benefit of the City. Vendor agrees to these warranty provisions by signing the bid proposal. SAFETY: This unit shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. The unit shall be tested by the successful bidder for compliance with all OSHAlWISHA regulations and the State Department of Labor and Industries Electrical Workers Safety Rules. DELIVERY & ACCEPTANCE: The successful bidder shall be responsible for delivery to the City's garage, 1703 South B Street in Port Angeles, Washington, between the hours of 8:00 AM and 3:30 PM during the City's normal work day. Delivery shall be made within the time period specified on the Schedule but not later than 120 days after the contract is signed. GENERAL INFORMATION: The City of Port Angeles reserves the right to consider delivery time and may waive any informalities or minor defects or 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 proposal 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 equipment from a supplier located within its boundaries, in accordance with RCW 39.30.040. Offers made in accordance with the Invitation to Bid shall be good and firm for the period specified in the bid unless the Project No. ES-09-005 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. 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 and subsequent acceptance by the City of the . lowest responsive 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 equipment is delivered and accepted by the City. Bids will be evaluated and submitted to the City Council for approval as soon as possible after bid opening. 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 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. Page 4 of 18 ~ '. 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 Ihanley@cityofpa.us. Project No. ES-09-005 Page 5 of 18 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. 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 City 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. The successful bidder shall be responsible for delivery to the City's garage in Port Angeles, Washington, between the hours of 8:00 AM and 3:30 PM during the City's normal work day. Delivery shall be made within the time period specified on the bid. 4. DAMAGES FOR DELAY: Delays add cost to the City in the form of time needed for operational duties, administration and supervision and in the form of replacement equipment rental. Because the City finds it impractical to calculate all of the actual cost of delays, it has adopted the following to calculate liquidated and actual damages for failure to complete the delivery of the equipmenUmaterial on time. Accordingly, the Contractor agrees to the following: a. To pay liquidated damages in the amount of $25 for each working day beyond the number of working days established for physical delivery of the equipmenUmaterial. b. To pay actual damages equal to the actual cost to the City for rental of equipment necessary for the user Department to continue with its operations. c. To authorize the City to deduct these liquidated and actual damages from any money due or coming due to the Contractor. 5. 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. 6. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. Project No. ES-09-005 Page 6 of 18 7. 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. 8. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Contract shall contain the applicable purchase contract number. 9. 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. . 10. 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. 11. ASSIGNMENTS: Moneys due under this Contract shall only be assignable with 'prior written consent of the City. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. Project No. ES-09-005 Page 7 of 18 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 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. 19. 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 OSHAlWISHA regulations and the State Department of Labor and Industries Electrical Workers Safety Rules. 20. 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. ES-09-005 Page 8 of 18 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this ~ay of 20 D4 , between the City of Port Angeles (hereinafter called the "City") an ice Ford Lincoln Mercury (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. ES-09-005 Page 9 of 18 .. 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 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. Project No. ES-09-005 Page 10 of 1Q. 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. By: CITY OF PORT ANGELES Title: (~Stv\ Dated: d l z4 (Ji , By: Dated: ATTEST: ATTEST: &t~. City Clerk .A..Aoio A 1 - ~~ City Attorney t, .) / '. ~....~. Project No. ES-09-005 Page 11 of 1 e City of Port Angeles Invitation for Bid Purchase Contract: ES-09-005 Schedule A Police Special Service Utility Vehicle Purchase GENERAL DESCRIPTION OF EQUIPMENT BEING BID: Bidders may list variations to these minimum specifications in the "Exception" section of the bid sheets. Bidders may also suggest alternatives to specified name brand products specified by the City of Port Angeles in the "Exception" section as an "Approved Equal". To be considered as an "Approved Equa/", the specifications of the suggested alternative must be attached for our review. The City of Port Angeles will be the sole judge for approving other brands offered as equals to the brand specified. Bidders are also encouraged to list and price any options that are felt to enhance the use of item bid and/or would be desirable. All standard equipment to be included, specified or not. When a Society of Automotive Engineers (SAE), American National Standard Institute (ANSI), American Society for Testing and Materials (ASTM), American Welding Society (AWS) "Reference" is cited, it is to establish an expected level of performance, level of testinQ or desiQn basis. 2009 OR NEWER FORD EXPEDITION -TWO WHEEL DRIVE SPECIAL SERVICE UTILITY VEHICLE: General 1 New Model year: 2009 or Newer; 4 y€-S door, 5 passenger seating. 2 Driver's headroom: driver's seat surface to roof liner distance, 39.5" minimum. yes This is a mandatory requirement. This vehicle will be assigned to a tall officer requiring this spacing. 3 Vehicle Color: White 'Its 4 Maximum GVWR (Ibs): 7,400. ye~ Front seating: Cloth captain's chairs, Yt~ Power drivers seat with lumbar support. Second seat: vinyl, 40/20/40 folding y~S split bench. 5 Airbags: driver and front passenger, 3 \/~S row side canopy. 6 Full length hardtop, cloth head liner. es Project No. ES-09-005 Page 12 of 18 /,> 8 Stereo System: AM/FM radio w/single yes CD/MP3 player 9 Auxiliary power source. tS 10 Mirrors: Duel power mirrors, black, yes heated 11 Wipers: Intermittent wipers. Rear \/ e-S window wiper, washer & defroster. 12 Windows: Tinted rear passenger yeS privacy glass & flip up rear window 13 Air Conditioning: Manual yeS 14 Oil pressure, engine temperature, yeS voltmeter gauges & tachometer. 15 Keys: four keys with three remote yes keyless entry controls 16 Power door locks & power windows es 17 Height adjustable front seat belts 'e) 18 Steering column mounted transmission ye5 shiffer 19 cruise control/tilt steering wheel (es 20 Fog lamps ye5 Powertrain & 1 5.4 liter 8 cylinder motor, maximum yes Chassis engine cooling available, 150 amp alternator 2 Automatic electronic overdrive Yes transmission, w/cooler 3 Electronic stability control system es 4 Brakes: power, 4 wheel antilock, disc Ye.5 5 Power steering Je) 6 P265/70R 17 All Season Owl steel yer belted radial tires ) 7 HD rear bumper \t) Project No. ES-09-005 Page 13 of 18 ," 8 Trailer towing package, class IV, W/4 VeS &7 pin connectors (536) 9 HD springs, shocks & stabilizer bars, yes front & rear 10 Tire pressure monitoring system 'It' e, 5 11 3.73: 1 rear axle ratio itS Warranty 1 Bumper to bumper: 3 years 36,000 VeS miles 2 Drivetrain: 5 years 60,000 miles 'es Dealer 1 HD 850 CCA battery yes Installed or supplied 2 Rubber floor mats "' ~ e-..., optional 3 all applicable shop manuals or manuals \fes Equipment on CD 4 2 each. spotlight 6" clear lens, piller mounted left & right side 5 Undercoating 6 Delayed warranty start 7 Push bumpers, HD with welded upper cross support & added horizontal push Ye~ pad (Setina PB400) 8 Partition horizontal sliding center y-eS section with lexan. (including full lower panel) (Setina 10VS) 9 Partition rear compartment, with' stationary vinyl coated expanded steel yes metal screen window (Setina 12VS) MISC. 1 All factory standard equipment designated for "Special Services" yes vehicle will be included 2 Unit will be delivered by successful \/es bidder to the city Corporation yard 1703 So. B S1. Bid. L Port Angeles WA. 98363 Project No. ES-09-005 Page 14 of 18 Project No. ES-09-005 Note delivery time frame in Exception column Page 15 of 18 .' City of Port Angeles Bid No. ES-09-005 BID FORM Police Special Service Utility Vehicle Purchase Bidder must bid on all bid items. The bidder hereby bids the following amounts for all material described in the Contract Documents. ITEM QTY YEAR MAKE MODEL BASE PRICE EXTENDED PRICE 2009 or Newer Ford \2L\134'\ .~ $ 40 Expedition - Two Wheel 1 2tJCJ~ ~o('3 21~ \D\. Drive Special Service ;ne.\\.?oes Utility Vehicle iV\sk~. \\w Op+io<'\.5 VS\IClElA~ 8'.71.. Sales Tax (8.4%) Title Application Fee 23. [ S e.Q,48j fer Project No. ES-09-005 Page 16 of 18 .. City of Port Angeles Bid No. ES-09-005 Police Special Service Utility Vehicle Purchase BID SIGNATURE SHEET (BID SUMMARY and SIGNATURES) Will you sell additional units to the City of Port Angeles at the bid price until further noticeQ,,\" ~ No ADDENDA ACKNOWLEDGMENT: The bidder hereby acknowledges that it has received Addenda No(s). NC'>UE;" 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 J-rl'('Q fo fC) L;Y"\( 0\'" IJ\~ (~u 'I' \/ I TYPE OF BUSINESS: (limited) Corporation Partnership (general) Partnership Sole Proprietorship Limited Liability Company ADDRESS 1527 EtA S t (fa Y'\ t CITY/STATE/ZIP PC'(tAn(~lde_s" I PHONE . '3U1 - t{s-7.~ ?:, ~ ~ ~ St(~et wA q83~Z FAX 300~ '1S2 = 8"Z-s l1 NAME (PLEASE PRINT) MARK (C)"STi'tooT ::~Tf~ ~AM~~TE :3 Project No. ES-09-005 Page 17 of 18 '" NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON COUNTY OF aI.ALLA\.M ) ) ) 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 bid has not in any manner sought by collusion to secure to him/her self an advantage over any t r bidder 0 idders. _// Subscribed and sworn to before me this..kL day of M~"" ~'" , 20 0<1 . Notary Public in and for the State of ~S~l'oo.' ~~ Residing at Pt\'(,c ~ Lwo.Ic...DJ..J hI~~ My Comm. Exp.: 2.//11 , I Project No. ES-09-005 Page 18 of 18