Loading...
HomeMy WebLinkAbout000256 Original ContractReviewed by_ Rida -bi a dkdtf Deputy Director of Operations Appr ed by Dennis Dickson Senior Assistant City Attorney CONTRACT DOCUMENTS for WOOD POLES PURCHASE CONTRACT NO. LO -11 -026 City of Port Angeles Record #000256 CITY OF PORT ANGELES WASHINGTON SEPTEMBER 2011 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES RANDALL BRACKETT, DEPUTY DIRECTOR OF OPERATIONS Page 1 of 19 September 15, 2011 CITY OF PORT ANGELES INVITATION TO BID for Wood Poles Sealed bids will be received by the Director of Public Works Utilities until 2:00PM, Tuesday October 11, 2011, 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 the following Materials: Bid Items: Wood Poles Items: LENGTH (ft.): QTY: CLASS: 1 30' 14 Class 3 2 35' 10 Class 3 3 40' 20 Class 3 4 45' 10 Class 3 5 55' 4 Class 3 6 40' 4 Class 2 7 45' 10 Class 2 8 55' 4 Class 2 9 60' 6 Class 2 10 65' 6 Class 2 Bid documents may be obtained by calling Lucy Hanley at (360) 417 -4541 or by emailing Lhanlev aC�.citvofoa 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. Project No LO -11 -026 Page 2 of 19 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. PUBLISH: Peninsula Daily News: September 26, 2011 Randall Brackett Deputy Director Project No. LO -11 -026 Page 3 of 19 F BID SUBMITTAL: Project No. LO -11 -026 INSTRUCTIONS FOR BIDDERS Equipment Bids All bids must be sealed with the outside of the envelope marked with the BID OPENING DATE October, 11 2011, PURCHASE CONTRACT NO. LO -11 -026. 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 which are necessary in order to provide a complete unit as described, 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. 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 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 supplies or equipment furnished must have full manufacturer's warranties, and the warranties must inure to the benefit of the City. Vendor agrees to these warranty provisions by signing the bid proposal. Page 4 of 19 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 OSHA/WISHA regulations and the State Department of Labor and Industries Safety Rules. DELIVERY ACCEPTANCE: The successful bidder shall be responsible for delivery to the City's Maintenance Yard, 1707 South A Street, Port Angeles, Washington, between the hours of 9:00 AM and 3:30 PM during the City's normal work day. Delivery shall be made within the time period specified on the Schedule(s). 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. For the Schedule(s), offers made in accordance with the Invitation to Bid shall be good and firm for the period of 90 calendar days after contract award 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. Quantities shown are of total estimated initial quantities to be ordered. Purchase Project No. LO -11 -026 Orders for additional quantities may be placed with successful bidders over this period from the date of award. Prices bid shall be good for all equipment and materials ordered during that period. All orders shall be placed using City of Port Angeles Purchase Orders. Payments shall be made monthly for materials received and invoiced. Offers made in accordance with the Invitation to Bid shall be good and firm for the period specified in the bid 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. 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 authorized purchasing agent for approval as soon as possible after bid opening. All bidders will be notified of results in writing. Page 5 of 19 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 Lhanlevacitvofoa.us Project No. LO -11 -026 Page 6 of 19 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 Maintenance Yard, 1707 South A Street, Port Angeles, Washington, between the hours of 9:00 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. 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. 5. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. Project No LO -11 -026 Page 7 of 19 6. 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. 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 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. 9. 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. 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 Project No. LO -11 -026 Page 8 of 19 (2) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. 10. ASSIGNMENTS: Moneys due under this Contract shall only be assignable with prior written consent of the City. 11. 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. 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 delivery. Such loss, injury or destruction shall not release Contractor from any obligation hereunder. 14. 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. 15. LABOR AND INDUSTRIES: Contractor is required to the extent applicable, to procure Labor and Industries permits LI 700 -7 and LI 700 -29 and abide by the requirements thereof. Copies of "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" shall be submitted to the City Clerk and Department of Labor and Industries. 16. ANTI TRUST: Contractor and the 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. 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. Project No. LO -11 -026 Page 9 of 19 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. 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. LO -11 -026 Page 10 of 19 PURCHASE CONTRACT THIS AGREEMENT is made and entered into th 1 day of 1\JOV +v4a/1 2011, between the City of Port Angeles (hereinafter called the "City and McFarland Cascade Holdings. 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 -11 -026 Page 11 of 19 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 LO -11 -026 Page 12 of 19 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. McFARLAND CASCADE HOLDINGS CITY OF PORT ANGELES By: By: f_24-L.- VL G Title: _/‘-p.-.17,4..-1 s/ Title: 0 Dated: //i7/ 1 Dated: /P /2%.9// ARTICLE VIII WAIVER ATTEST: Di IL Ci C erk Appro, ed to as to f m City Attorney Project No. LO -11 -026 Page 13 of 19 City of Port Angeles Invitation for Bid Purchase Contract: LO -11 -026 Poles shall conform to all applicable ASTM and ANSI standards. All lengths have to be structurally equivalent to ANSI. GENERAL DESCRIPTION: Wood Power Poles SPECIFICATIONS: 30ft, 35ft, 40ft, 45ft, 55ft, 60ft and 65ft Fiberglass Power Poles Class 2 3. (See specifications starting on page 15 of 19) DATE DELIVERY REQUIRED: Maximum of 45 days from receipt of purchase order. Delivery shall be Monday through Friday, excluding holidays, between the hours of 9:00 AM and 3:30PM. The Light Operations Division shall be notified 24 hours prior to delivery at (360) 808 -1485. Delivery shall be by self unloading truck, price to include unloading poles at our pole yard. QUANTITY: See Chart Below Bid Items: Wood Poles Items: LENGTH (ft.): QTY: CLASS: 1 30' 14 Class 3 2 35' 10 Class 3 3 40' 20 Class 3 4 45' 10 Class 3 5 55' 4 Class 3 6 40' 4 Class 2 7 45' 10 Class 2 8 55' 4 Class 2 9 60' 6 Class 2 10 65' 6 Class 2 Schedule A Wood Poles Project No. LO -11 -026 Page 14 of 19 Poles shall be western red cedar, air dried, machine peeled, unframed, butt treated, of length and class as indicated on the quotation form. Poles shall meet the latest revisions of AWPA Standard U1 and ANSI Standard 05.1. Additional specifications are as follows: Wood Poles Specification MDOW -001 1. Butt treatment shall be Pentachlorophenol per QWPA C7. Treatment and incising shall extend from the pole to butt, to 10% of the pole height plus four feet. (For example, the bottom eight feet will be treated on a 40 foot pole.) Complete sapwood penetration of preservative must be obtained regardless of sapwood depth. 2. Poles shall not have splits or checks that reduce the pole strength. 3. Poles shapes shall meet or exceed requirements of ANSI 05.1, section 5.4.9. There shall not be more than 1 /2 twist of grain in any 15 feet of length. Ninety percent of the poles shall not exceed the sweep requirements of 1 -inch in ten feet. The remaining ten percent may have a sweep of one inch in six feet. No poles shall have double or reverse sweep. 4. Maximum butt diameter shall not exceed 16 inches for poles through 55 feet in length, and 22 inches for poles 60 feet or longer. 5. The year, length, class, species and type of preservative shall be stamped or embossed on a two inch diameter, 24 -guage aluminum disc. Disc shall be installed using an aluminum twist nail in a flat bottom gain at a distance 10 feet from the pole butt to the center of the recess. The year, length, and class shall also appear on the pole bottom, either by stamping into the wood or a second aluminum disc. 6. Shed roofing shall be a one -way cut at 20 to 30 degrees, and pentachlorophenol brush treated. A random sample of at least ten percent of the poles shall be inspected and approved prior to shipment by Timber Products, Inc. Provide a copy of their inspection report to the City prior to payment. Delivery shall be F.O.B Port Angeles Public Works and Utilities pole yard 1707 South A street, Port Angeles, Washington, freight prepaid. Project No LO -11 -026 Page 15 of 19 McFarland Cascade 10 -11 -11 City of Port Angeles Bid No. LO- 11-026 BID FORM WOOD POLES Bidders shall have the option to bid on all Bid Items or on each Bid Item separately for a bid to be valid. bidder hereby bids the following amounts for the material described in the Contract Documents. Items: LENGTH (ft.): QTY: CLASS: 1 30' 14 Class 3 2 35' 10 Class 3 3 40' 20 Class 3 4 45' 10 Class 3 5 55' 4 Class 3 6 40' 4 Class 2 7 45' 10 Class 2 8 55' 4 Class 2 9 60' 6 Class 2 10 65' 6 Class 2 Bid Items: Wood Poles UNIT PRICE: TOTAL PRICE: $326 $4,564 $411 $4,110 $503 $10,060 $608 $6,080 $827 $3,308 $584 $2,336 $696 $6,960 $951 $3,804 $1,200 $7,200 $1,488 $8,928 Subtotal $57,350 OR CURRENT APPLICABLE TAX RATE Sales tax (8.4 $4,817.40 Bid Total Amount $62,167.40 Project No. LO -11 -026 Page 16 of 19 McFarland Cascade 10 -11 -11 Will you sell additional units to the City of Port Angeles at the bid price until further notice? Yes 1, No Subject to Negotiation ADDENDA ACKNOWLEDGMENT: The bidder hereby acknowledges that it has received Addenda No(s). n/a 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 TYPE OF BUSINESS: `Corporation Partnership (general) Partnership (limited) ADDRESS CITY /STATE /ZIP City of Port Angeles Bid No. LO -11 -026 Wood Poles BID SIGNATURE SHEET (BID SUMMARY and SIGNATURES) 1640 East Marc Street SIGNED McFarland Cascade Holdings Inc Sole Proprietorship Limited Liability Company Tacoma, WA 98421 PHONE 253/597 -3800 FAX 253/627 -4188 NAME (PLEASE PRINT) Terry E Berg TITLE Territory Sales Manager DATE 10/5/11 Project No LO -11 -026 Page 17 of 19 STATE OF WASHINGTON COUNTY OF Pierce The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to him /her self an advantage over any other bidder or bidders Subscribed and sworn to before me this,_) Project No LO -11 -026 NON COLLUSION AFFIDAVIT f J /l1t.•.."r 1SI a o r w i r 1 4i Signature bf Bidder /Contractor r 1 r day of C 20D) v s h Notary Public in And for he State of LL,C1 I 1 `GT t/1 Residing at 1GfC'611/1Gi LAD)/ My Comm. Exp.: I_G—/ 3 Page 18 of 19 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. Project No LO -11 -026 Page 19 of 19 St McFarland Ca` ade TM McFarland Cascade Holdings, Inc. Sealed Bid TO CITY OF PORT ANGELES PORT ANGELES, WA ATTN LUCY HANLEY 360 417 -4741 VIA FED EXPRESS BID DATE 10/11/11 P O BO" 1496, 1640 E MARC TACO WA 98401 FAX. (253) 627 -4188 PHONE. (253) 597 -3338 TOLL FREE (800) 314 -0746 EMAIL terryb @ldm corn DATE 10 /11 /11 QUOTE 52603 BID L0 -11 -026 WESTERN RED AND /OR ALASKAN YELLOW CEDAR POLES, BUTT PENTA TREATED TO A FINAL NET RETENTION OF 1.0# PER CUBIC FOOT, ROOF ONLY, 6' INCISE, INDEPENDENT INSPECTION WITH CERTIFIED TEST REPORT AND CONFORMING TO CITY OF PORT ANGELES MDOW -001 SPECIFICATIONS. PCS CL /LEN EST WGT PRICE EA EXTENDED 14 WC3 /30 531 $326 $4,564 10 WC3 /35 672 $411 $4,110 20 WC3 /40 822 $503 $10,060 10 WC3 /45 993 $608 $6,080 4 WC3 /55 1350 $827 $3,308 4 WC2 /40 954 $584 $2,336 10 WC2 /45 1137 $696 $6,960 4 WC2 /55 1554 $951 $3,804 6 WC2 /60 1767 $1,200 $7,200 6 WC2 /65 1995 $1,488 $8,928 Prices firm for acceptance to 12/10/2011 Terms Net 30 days from shipment upon credit approval PRICES BASED ON SHIPPING IN FULL LOAD QUANTITIES. IF HOLE TO HOLE DELIVERY IS REQUIRE, IT WILL BE BILLED AT $85.00 PER HOUR. Destination. PORT ANGELES, WA Shipment: 3 4 WEEKS ARO FOB. PORT ANGELES, WA VIA SELF LOADER Material subject to availability at time of firm order placement. Partial award subject to negotiation Poles supplied will equal or exceed specification quoted. Larger sizes may be provided at no additional cost. Products covered by this quotation are subject to the following terms and conditions unless explicitly amended by the parties in writing signed by both parties at time of final order placement Buyer is responsible for product design including selection of the material type, size, preservative and all other aspects of its design and specification. Products covered by this quotation are warranted to comply with Buyer provided specifications, or where no detailed specifications are provided minimum referenced industry standards, if applicable, at time of sale and for twelve months thereafter McFarland Cascade excludes any implied warranties of merchantability or fitness for a particular purpose Buyer has sole responsibility for installation and engineering, including delivery location and location suitability for storage and installation Buyer has responsibility for occupational safety and health issues related to its employees and any other claims resulting therefrom or that are related to delivery location storage, theft, installation, use or any other claims, liabilities, fines of any type. In no event will McFarland Cascade be liable to Buyer in an amount exceeding the purchase price of the subject products In no event will McFarland Cascade be liable for indirect, special, incidental, exemplary or consequential damages of any kind sustained from any cause or arising out of any legal theory, 24 Hour Emergency Number 1- 877 448 -0272 Page 1 of2 ke Tm QUOTE 52603 McFarland C. ..,cade McFarland Cas _.de Holdings, Inc. whether contract, negligence, strict tort liability, contribution, indemnity, or otherwise. McFarland Cascade limits all claims to the value of the material supplied Buyer shall make all claims within ten days of receipt regarding delivery quantity or quality after which the products shall be deemed to have been received and accepted by the Buyer Any lawsuit by Buyer against McFarland Cascade will be filed within one year from delivery of the subject product. Sales or other applicable taxes will be added to the quoted prices unless customer supplies a resale or exemption certificate valid to the delivery location of the material covered by the quotation Any sales or other taxes that are found to be applicable to the transaction shall be the liability of the Buyer at time of sale or at anytime thereafter. This quotation does not provide any form of indemnification nor does it provide for the payment of any liquidated and /or consequential damages unless Buyer and McFarland Cascade mutually execute a formal agreement containing these specific terms By 4 A4 P TERR 'ERG l j /j-k) TERRITORY SALE'S MANAGER 1 24 Hour Emergency Number 1- 877 448 -0272 Page2of2