HomeMy WebLinkAboutAgenda Report - June 16, 1999 E-03CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Advertisement for Bids for Electric Utility Overhead and Underground
Distribution Hardware Supply Contract for Fiscal Years 1999-2001
MEETING DATE: June 16, 1999
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council approve the attached specifications, and authorize
the Electric Utility Department and Finance Department's Purchasing
Division to advertise for bids for a supply contract for various items of
overhead and underground distribution hardware for the Fiscal Year ending
June 30, 2001.
BACKGROUND INFORMATION: The Electric Utility Department and Finance Department's Purchasing
Division have identified 26 standard high-volume or long -leadtime items
routinely used in overhead and underground construction and upgrade
projects.
By establishing a supply contract with one or more suppliers the City can have a guaranteed source for these 26
components without maintaining a large inventory at the MSC warehouse. This means the City will have less
money committed to inventory, yet have the components available to schedule and carry out construction or
maintenance jobs.
The supply agreement requires that the contractors (suppliers) establish and maintain minimum levels of reserve
stocks for the City of Lodi, available to ship within one business day of receipt of a release order from the City.
Suppliers may change bid prices or lead times during the contract period only when the manufacturer(s) notify all
distributors of price or lead time adjustments. The City retains the right to increase or decrease minimum stock
levels as project demands change, and the City has no obligation to purchase amounts in excess of the minimum
reserve levels required to be maintained at the suppliers' warehouse.
It is the recommendation of the Electric Utility Department and the Finance Department's Purchasing Division that
the City Council authorize staff to solicit bids for the purpose of establishing a supply contract with one or more
suppliers as detailed in the bid specifications. Bids will be opened on July 21, 1999, and a recommendation for
award will be presented to the Council on August 4.
A copy of the product list is attached as Exhibit A, and a copy of the bid specifications is on file in the City Clerk's
office.
FUNDING: Electric Utility Department's Operating Plan
Estimated annual cost: $57,000
Ala . Vallow, Electric Utility Director
Prepared by Joel Harris, Purchasing Officer
APPROVED:
H. Dixon Flynn — City
TRANSFMR 06/04/99
EXHIBIT A
EUD SUPPLY CONTRACT
PRODUCT LIST
PRODUCT DESCRIPTION I EST. ANNUAL VOL I EST ANNUAL COST
Crossarm, Wood, LSP, 9'6", Treated
200
$7,000
Steel Pin, Galvanized, 5/8" x W
300
675
Guy Grip 3/8" B Coat
400
700
Guy Wire, 3/8", 15,000# Breaking Strength, 500 -ft coil
2,000 ft
400
Angle Vee Brace, 60"
50
650
Tension Sleeve, #4-1/0 Aluminum
400
1,800
Jumper Sleeve, #2/0-336.5MCM Aluminum
150
500
Pin Insulator, 13.2kV, F -Neck, Ansi 55.5
300
2,100
1 5k Epoxilator Suspension Type
160
2,050
Secondary Spool Insulator
400
600
Secondary Dead-end Clevis
400
800
4 -spool secondary extension bracket
120
1,500
Electrical Tape, 600v, 10mil, 2" width
240 rl
775
Electrical Tape, 3/4" x 66ft, black
1,000 rl
2,225
Heat Shrink Tap Assembly, #4/0 AL & CU
400
2,200
Heat Shrink Tap Assembly, #350MCM AL & CU
400
2,600
Mole, 4 -way standard, #12-350MCM AL & CU
200
4,250
Heat Shrink Tap Assembly #1/0 AL & CU
400
2,500
Compression Lug, Flat, #1/0 Str 1 -hole AUCU
300
850
Compression Lug, #4/0 Str 1 -hole AUCU
100
350
Compression Lug, Straight, #500MCM 2 -hole AUCU
150
1,150
Compression Lug, Straight, #750MCM 2 -hole AUCU
150
1,425
Loadbreak Elbow Receptacle, #2 AL
300
6,000
Loadbreak Elbow Receptacle, #2/0 AL
300
6,700
200A Protective Cap
160
3,200
200A Bushing Well Insert, Loadbreak
160
4,000
$57,000
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
BID OPENING
SECTION 2, PAGE 1
INFORMATION TO BIDDERS
A. The Purchasing Officer will receive sealed bids in his office, City Hall Annex,
212 West Pine Street, Lodi, California 95240 (P 0 Box 3006, Lodi, California
95241-1910) until
11:00 a.m., Wednesday, July 21, 1999.
At that time, in the Public Works Conference Room, City Hall, 221 West Pine
Street, Lodi, California, bids will be publicly opened and read. Bidders or their
authorized representatives are invited to be present.
B. The proposal shall be submitted as directed in the "Notice Inviting Bids" under
sealed cover plainly marked
Proposal — EUD Supply Contract
Bid Opening July 21, 1999.
Proposals which are not properly marked may be disregarded.
PROPOSALFORM
A. Prospective bidders are furnished with one proposal form included with the
specifications.
B. Partial bidding will be allowed: Bidders may submit proposals for any or all of
the product categories (numbered I through VII), but must submit bids for all
items in the category or categories selected.
C. The proposal must be signed with the full name and address of the bidder, by an
authorized representative of the company.
D. The City of Lodi (hereinafter "City") reserves the right to accept other than the
lowest bid, or to reject any or all bids.
REJECTION OF PROPOSALS
Bids may be rejected if they show any alteration of proposal form, additions not called
for, or alternative bids not properly documented. Bids proposing equipment or
materials with which the City has no prior in-service experience may be rejected.
Erasures or irregularities of any kind may also be cause for rejection.
2-1
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
AWARD OF BID
SECTION 2, PAGE 2
INFORMATION TO BIDDERS
A. The award of the bid, if it be awarded, will be to the lowest responsible bidder in
each category whose bid proposal complies with all the requirements herein
described.
B. In evaluating the bids and determining lowest responsible bidder and lowest cost
to the City, the City will consider the Sales Tax Credit in the amount of one
percent (1%) of the purchase price of the materials or equipment, when such
purchase is consummated at the retailer's place of business and such business:
1. Is located within the City of Lodi;
2. Is licensed by the California State Board of Equalization to collect sales
tax at the local place of business;
3. Maintains a valid City of Lodi Business License.
In further evaluating the bids and determining the lowest responsible bidder, the
City will consider lead times as required by Section 2, Page 2.3 ("Lead Times
and Delivery Times"). Lead times will be weighted as follows:
To establish initial levels of Reserve Stock 5% of evaluation criteria
To replenish Reserve Stock Levels 10% of evaluation criteria
To deliver stocks ordered 10% of evaluation criteria
Bid prices will constitute 75% of the evaluation criteria.
Total evaluation, therefore, will consider
Bid Price (lowest in category will be rated 1.0) x.75 = .75
"Establish Reserve Stock" Lead Time (closest to
"Desired Lead Time" in category will be rated 1.0) x.05 = .05
Replenishment Lead Time (lowest in category rated 1.0) x .10 =.10
Delivery Lead Time (lowest in category rated 1.0) x.10 =.10
Best Possible Score = 1.00
Next -lowest (price or lead time) in each category will be rated 2.0, followed by
3.0, 4.0, .... as bid prices and lead times increase. Identical entries (prices
and/or leadtimes) will be assigned identical ratings.
C. Where alternative bids are received, the City Council reserves the right to select
the bid most advantageous to the City. The award, if made, will be made within
sixty days after the opening of the bids.
D. In case of tie bids, consideration will be given to bids as described in "Award of
Bid", Paragraph B, above. If that section does not apply to resolution of the tie,
the tie will be broken by a coin toss, conducted by the City Purchasing Officer.
Tie bidders will be notified and may be present.
2-2
POLE LINE & URD HARDWARE SECTION 2, PAGE 3
SUPPLY CONTRACT INFORMATION TO BIDDERS
LEAD TIMES AND DELIVERY TIMES
The City of Lodi has indicated in Exhibit A the list of items to be included in the supply
contract. Also indicated in Exhibit A are estimated annual volumes, required minimum
reserve stock levels, and (1) a desired lead time for supplier to establish reserve stock,
(2) a desired lead time for supplier to replenish reserve stock, and (3) a desired lead
time for supplier to deliver items from the reserve stock once an item release has been
issued by the City of Lodi.
Bidder shall indicate with the proposal the maximum lead times required by bidder to
establish reserve stock, replenish reserve stock, and deliver items from the reserve
stock for each category. Lead times indicated will be considered as part of the bid
evaluation. Deliveries, when ordered, shall be made to the City of Lodi Municipal
Service Center, 1331 South Ham Lane, Lodi, CA 95242 only during normal receiving
hours, 8:00 a.m. - 4:00 p.m., Monday through Friday, excluding holidays.
The City recognizes that lead times are subject to change. In the event that lead times
must be increased by successful bidder (supplier), the City will require written
notification of such increases from the manufacturer to its distributors, along with
manufacturer's best estimate of lead time trends pertaining to products included in the
supply contract.
RESERVE STOCK
The bidder to whom the award is made shall maintain on hand the minimum required
reserve stock indicated in Exhibit A for immediate delivery upon request by the City of
Lodi. (For purposes of this contract, "immediate delivery" shall mean shipment from
bidder's warehouse within one business day of supplier's receipt of City's request for
delivery, to be delivered to the City of Lodi within the delivery lead time indicated on the
bid, or modified by written notification as required in paragraph 3 of "Lead Times and
Delivery Times", above). The reserve stock shall be stored at the bidder's facility
(warehouse or other storage facility), and identified as "City of Lodi Stock Only". Stock
reserved for the City of Lodi shall not be co -mingled with stock reserved for another
customer, or used as replenishment stock for other customers of the bidder without the
express written consent of the City of Lodi Purchasing Officer.
Upon receipt of request for release and delivery, bidder (supplier) shall replenish stock
to maintain minimum reserve, unless notified otherwise by the City of Lodi.
PRICES
All quoted prices shall be current and firm for at least ninety days after date of bid
opening. Prices to be F.O.B. delivered to City of Lodi Municipal Service Center, 1331
South Ham Lane, Lodi, California 95242.
2-3
POLE LINE & URD HARDWARE SECTION 2, PAGE 4
SUPPLY CONTRACT INFORMATION TO BIDDERS
Thirty days prior to any change in price for any item(s) covered by the contract, supplier
(bidder) must provide to City of Lodi Purchasing Officer written notice of such change,
with supporting documentation from manufacturer to all manufacturer's distributors the
amount and effective date of such change. Change in price shall not apply to any
item(s) held in supplier's (bidder's) reserve stock at the time notice is received by the
City.
Upon receipt of written notice of change in price the City shall have the right (1) accept
the change, (2) negotiate price(s) with supplier, or (3) remove the item(s) from the
supply contract and purchase it(them) on the open market.
SALES AND USE TAXES
All quotations submitted shall include 7.75% California Sales or Use Taxes, and all
sales shall be subject to California Sales or Use Taxes in effect at the time of
transaction.
PAYMENTS
A. Invoices shall be submitted only for items and quantities ordered for release and
delivery, and delivered subsequent to such order release, and shall indicate
sales or use taxes as separate items apart from the cost F.O.B. point of delivery.
Purchaser's item description and release number shall appear on all invoices.
All invoices shall be rendered in duplicate.
B. Full payment by the purchaser shall not release supplier of the responsibility to
fully carry out all bid obligations nor be construed by supplier as acceptance of
the work hereunder by purchaser.
CONTRACT PERIOD
Term of any contract made as a result of this bid and subsequent award shall be for the
period ending on June 30, 2001, unless earlier terminated, or extended by mutual
consent of City and supplier.
GUARANTEES
In addition to any or all guarantees mentioned elsewhere herein, the supplier shall
replace, at no expense to the City of Lodi, any materials or equipment that contain
defects due to faulty material, workmanship or design, within a period of one year after
the materials or equipment have been accepted by the City.
Where manufacturers' warranties exceed one year, said warranties shall remain in
effect for the full period of the warranty.
2-4
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
PURCHASES
SECTION 2, PAGE 5
INFORMATION TO BIDDERS
Any transaction made pursuant to this bid and subsequent award shall be covered by
City of Lodi Purchase Order, and all terms included in Notice to Bidders, Information to
Bidders, Proposal, and Specifications, shall be binding.
2-5
POLE LINE & URD HARDWARE SECTION 3, PAGE 1
SUPPLY CONTRACT BID PROPOSAL
CITY OF LODI, CALIFORNIA
Date: June, 1999
To: The Lodi City Council
c/o Purchasing Officer
From:
(If delivered by FedEx, UPS, or courier):
212 West Pine Street
Lodi CA 95240
(If delivered by mail):
P O Box 3006
Lodi CA 95241-1910
(Name of Bidder)
The undersigned, as bidder, declares to have carefully examined the Notice Inviting
Bids, Information to Bidders, and Specifications filed for maintaining minimum stock
levels and delivering this equipment as requested, and agrees to be fully informed
regarding all of the conditions affecting the equipment to be inventoried and delivered
for the duration of the contract, and further agrees that the information was secured by
personal investigation and research and not from any estimate of a City employee, and
that no claim will be made against the City by reason of estimates, tests or
representations of any officer or agent of the City, and proposes and agrees if the
proposal be accepted, to maintain minimum stock levels and deliver to the City of Lodi
the necessary equipment specified in the bid in the manner and time therein set forth.
It has been noted the City of Lodi reserves the right to accept all or part of this bid, to
reject any or all bids, or to accept other than the lowest bid.
Equipment listed in Exhibit A is to be in accordance with the City of Lodi specifications
attached thereto, or in accordance with manufacturers' part numbers listed therein.
The bidder will submit a detailed list of any and all exceptions taken to these
specifications and part numbers. In the absence of such a list, it will be understood
that the bidder's proposal is based on strict conformance to the specifications and part
number requirements in all respects.
If awarded the bid, the undersigned agrees to maintain a required minimum inventory,
and deliver the equipment described in Exhibit A, and to take in payment therefor the
following unit prices, to -wit:
3-1
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
Proposal (continued)
SECTION 3, PAGE 2
BID PROPOSAL
ESTIMATED
EXTENSION
ANNUAL
UNIT
(EST. ANN -L
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORYI
200 each Wood Crossarm, 9'6" LSP, Treated,
per specifications $ $
7.75°x6 Sales Tax $
Cate -gory I Estimated Total Annual Cost, FOB Delivered $
Lead Times: Establish Reserve Stock calendar days
Replenish Reserve Stock calendar days
Product Delivery ARO working days
Standard Bundle or Pack, if applicable:
3-2
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
SECTION 3, PAGE 3
BID PROPOSAL
ESTIMATED
Joslyn J204 or McGraw DP2S5
EXTENSION
ANNUAL
UNIT
(EST. ANN'L
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORY II
300 each Steel Pin, 5/8"x 6'/", Galvanized,
300 each Pin Insulator, 13.2KV, F -Neck, ANSI 55-5,
Chance C905-1305, Porcelain Products 380-S,
Joslyn L367 -R-11, Victor 39R
(circle equipment to be furnished under this bid)
Standard Pack: $ $
Subtotal Category II Page 3-3 $
3-3
Joslyn J204 or McGraw DP2S5
(circle equipment to be furnished under this bid)
Standard Pack: $
$
400 each
Guy Grip, 3/8", B Coat,
Preformed GDE1107 or Dulmison SGG-0915
(circle equipment to be furnished under this bid)
Standard Pack: $
$
2,000 feet
Guy Wire, 3/8", 15,000 -Ib. breaking strength,
500 -foot coil
(Please indicate mfr: ) $
$
50 each
Angle Vee Brace, 60",
Joslyn J1510 or McGraw DB2L1
(circle equipment to be furnished under this bid)
Standard Pack: $
$
400 each
Tension Sleeve, #4 -1/0 AL,
Anderson VC44-A
Standard Pack: $
$
150 each
Jumper Sleeve, #2/0 - 336.5MCM AL,
Anderson VCSE-77
Standard Pack: $
$
300 each Pin Insulator, 13.2KV, F -Neck, ANSI 55-5,
Chance C905-1305, Porcelain Products 380-S,
Joslyn L367 -R-11, Victor 39R
(circle equipment to be furnished under this bid)
Standard Pack: $ $
Subtotal Category II Page 3-3 $
3-3
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
SECTION 3, PAGE 4
BID PROPOSAL
ESTIMATED
EXTENSION
ANNUAL
UNIT
I
(EST. ANN -L
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORY II (Continued)
Category II Subtotal from Page 3-3 $
160 each 15KV Epoxilator Suspension Type,
Chance C6540000
Standard Pack: $ $
400 each Secondary Spool Insulator,
Joslyn J101, Chance C909-1032,
Porcelain Products 5101, Victor 2026
(circle equipment to be furnished under this bid)
Standard Pack: $ $
400 each Secondary and Dead-end Clevis
Joslyn J93
Standard Pack: $ $
120 each Secondary Extension Bracket, 4 -spool,
Joslyn J2548
Standard Pack: $ $
Category II Taxable Subtotal $
7.75% Sales Tax $
Category II Estimated Total Annual Cost, FOB Delivered $
Category 11 Lead Times:
Establish Reserve Stock
Item 1: calendar days
Items 2-11: calendar
Replenish Reserve Stock calendar days
Product Delivery ARO working days
3-4
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
SECTION 3, PAGE 5
BID PROPOSAL
ESTIMATED
EXTENSION
ANNUAL
UNIT
(EST. ANN'L
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORY III
240 rolls Electrical Tape, 2" 10 -mil, 600V, Black,
Plymouth 85CW
3M Scotch 37
Standard Pack: $ $
1,000 rolls Electrical Tape, 314" x 66', Black,
3M Super 33+
Standard Pack: $ $
Category III Taxable Subtotal $
7.75% Sales Tax $
Cateclory III Estimated Total Annual Cost, FOB Delivered $
Category III Lead Times:
Establish Reserve Stock
Replenish Reserve Stock
Product Delivery ARO _
3-5
_ calendar days
_ calendar days
working days
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
SECTION 3, PAGE 6
BID PROPOSAL
ESTIMATED
EXTENSION
ANNUAL
UNIT
(EST. ANN'L
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORY IV
400 each Heat Shrink Tap Assembly, #4/0 AL & CU,
Burndy RYA -28 -UC or Homac CFK-4/0-HS
(circle equipment to be furnished under this bid)
Standard Pack: $ $
400 each Heat Shrink Tap Assembly, #350MCM AL & CU,
Burndy RYA -31 -AC or Homac CFB-350-HS
(circle equipment to be furnished under this bid)
Standard Pack: $ $
Category IV Taxable Subtotal $
7.75% Sales Tax $
Category IV Estimated Total Annual Cost, FOB Delivered$
Category IV Lead Times:
Establish Reserve Stock calendar days
Replenish Reserve Stock calendar days
Product Delivery ARO working days
3-6
POLE LINE & URD HARDWARE SECTION 3, PAGE 7
SUPPLY CONTRACT BID PROPOSAL
ESTIMATED
EXTENSION
ANNUAL
UNIT
(EST. ANN'L
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORY V
200 each Mole, 4 -way Standard, #12-350MCM AL & CU,
Homac FS95A
Standard Pack: $ $
400 each Heat Shrink Tap Assembly, #1/0 AL & CU,
Homac CFG-1/0-HS
Standard Pack: $ $
300 each Compression Lug, Flat, #1/0 Str 1 -Hole AUCU
Homac SA -1/0-48
Standard Pack: $ $
100 each Compression Lug, #4/0 Str 1 -Hole AUCU
Homac SA -4/0-48
Standard Pack: $ $
150 each Compression Lug, Straight, #500MCM 2 -Hole AUCU
Homac AL500-NTN Straight
Standard Pack: $ $
150 each Compression Lug, Straight, #750MCM 2 -Hole AUCU
Homac AL750-NTN Straight
Standard Pack: $ $
Category V Taxable Subtotal $
7.75% Sales Tax $
Cateciory V Estimated Total Annual Cost, FOB Delivered $.
Category V Lead Times:
Establish Reserve Stock
(Items 1-3) calendar days
(Items 4-6) calendar days
Replenish Reserve Stock calendar days
Product Delivery ARO working days
3-7
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
SECTION 3, PAGE 8
BID PROPOSAL
ESTIMATED
EXTENSION
ANNUAL
UNIT
(EST. ANN'L
I
VOLUME
PRODUCT DESCRIPTION
PRICE
VOL. x PRICE
CATEGORY VI
300 each Loadbreak Elbow Receptacle, #2 AL
Elastimold 166LRB-5220,
RTE LE215AO4TX
(circle equipment to be furnished under this bid)
Standard Pack: $ $
300 each Loadbreak Elbow Receptacle, #2/0 AL
Elastimold 166LRC-5250,
RTE LE215CO7TX
(circle equipment to be furnished under this bid)
Standard Pack: $ $
160 each 200A Protective Cap,
RTE LPC215
Elastimold #160DRG $ $
(circle equipment to be furnished under this bid)
160 each 200A 15KV Bushing Well Insert, Loadbreak,
RTE LB1215
Elastimold #1601 AA $ $
(circle equipment to be furnished under this bid)
Category VI Taxable Subtotal $
7.75° Sales Tax $
Category VI Estimated Total Annual Cost, FOB Delivered$
Category VI Lead Times:
Establish Reserve Stock calendar days
Replenish Reserve Stock calendar days
Product Delivery ARO working days
3-8
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
Summary of Bids•
Category I Estimated Total Annual Cost, FOB Delivered
Category 11 Estimated Total Annual Cost, FOB Delivered
SECTION 3, PAGE 9
BID PROPOSAL
Category III Estimated Total Annual Cost, FOB Delivered
Category IV Estimated Total Annual Cost, FOB Delivered
Category V Estimated Total Annual Cost, FOB Delivered
Category VI Estimated Total Annual Cost, FOB Delivered
3-9
$
POLE LINE & URD HARDWARE SECTION 3, PAGE 10
SUPPLY CONTRACT BID PROPOSAL
It is understood and agreed that if this Proposal is accepted, the prices quoted above
are inclusive of sales or use taxes, or similar tax now imposed by Federal, State, or
other governmental agency upon the material or equipment specified.
The undersigned has checked carefully all the above figures and understands that the
City and its officers and employees will not be responsible for any errors or omissions
on the part of the undersigned in completing this bid.
In any case where discrepancy in extensions may occur, the Bidder agrees that the unit
price shall be taken as the correct figure.
The undersigned, as bidder, hereby declares that the only persons or firms interested
in the proposal as principal or principals is or are named herein and that no other
persons or firms than herein mentioned have any interest in this proposal, that this
proposal is made without connection with any other person, company or parties making
a bid or proposal; and that it is in all respects fair and in good faith, without collusion or
fraud.
This bid may be withdrawn by the written request of an authorized representative of the
bidding company at any time prior to the scheduled time for the opening of bids or prior
to any authorized postponement thereof.
The undersigned hereby designates as the office to which such notice of acceptance
may be mailed or delivered:
Name of Company:
Address:
City, State, ZIP
Authorized Signature:
Name:
Title:
Telephone No.:
FAX Number:
Date:
3-10
POLE LINE & URD HARDWARE
ADMINISTRATIVE REQUIREMENTS
I. STOCK REQUIREMENTS AND DELIVERY SCHEDULE
SECTION 4. PAGE 1 I
The City of Lodi (City) has indicated in Exhibit A the list of items to be included in this supply
contract, an estimate of annual volume for each item, and a minimum reserve stock level required
under a contract made as a result of this bid and subsequent award. Also indicated in Exhibit A are
(1) a desired lead time for successful bidder (Supplier) to establish a minimum reserve stock, (2) a
desired lead time for Supplier to replenish reserve stock to the minimum level after a shipment, and
(3) a desired lead time for Supplier to deliver items from the reserve stock once an item release has
been issued by the City of Lodi.
Lead times are defined as (1) the number of calendar days from the date of Notice Of Contract
Award (anticipated to be August 6, 1999) to the date Supplier has established the required level of
reserve stock; (2) the number of calendar days from the date stock has been released to the City
(from the reserve stock) to the date reserve stock is fully replenished at Supplier's facility; and (3) the
number of working days from the date Supplier receives a stock release from the City to the date
item(s) are delivered to the City.
Bidder shall indicate with the proposal the maximum lead times required by bidder to establish
reserve stock, replenish reserve stock, and deliver items from the reserve stock. Lead times
indicated by the bidder will be considered in the bid evaluation (see Section 2, Page 2, Information to
Bidders, "Award of Bid", Paragraph B).
Deliveries shall be made to the City of Lodi Municipal Service Center, 1331 South Ham Lane, Lodi,
CA 95242 only during normal receiving hours, 8:00 a.m. - 4:00 p.m., Monday through Friday,
excluding holidays.
The "Total Estimated Annual Volume" for each item indicated in Exhibit A is only an estimate of the
City's annual requirements, and does not constitute a guarantee that the City will purchase this
amount. Actual amount purchased during the contract period may be more or less than the
estimated volume. The City does guarantee the purchase of the amount held in reserve stock for
each item during the contract period.
II. RESERVE STOCKS
The bidder to whom the award is made must maintain on hand at least the "Minimum Required
Reserve Stock" indicated in Exhibit A, available for immediate delivery upon request by the City.
(The City may adjust the "required reserve stock" levels to correspond with standard pack criteria, as
indicated in bidder's proposal. The City may also adjust the "required reserve stock" levels during
the contract period as actual usages increase or decrease. Such adjustments shall be issued in
writing by the City of Lodi Purchasing Officer, and shall take effect following the delivery made
subsequent to the issuance of the change for the item specified for adjustment). The reserve stock
shall be stored and identified as "City of Lodi Stock Only" at the Supplier's (successful bidder's)
facility. Upon receipt of notification to deliver (a "Stock Release") Supplier shall ship requested
amount (up to reserve stock levels), and unless instructed otherwise by the City of Lodi Purchasing
Officer, shall replenish reserve stock to the minimum required level within the lead time quoted in
bidder's proposal. The City of Lodi reserves the right, without prior notice to Supplier, to visually
4.1
POLE LINE & URD HARDWARE
SUPPLY CONTRACT
ADMINISTRATIVE REQUIREMENTS (continued)
II. Reserve Stocks (continued)
SECTION 4, PAGE 2
SPECIFICATIONS
inspect and verify Supplier's Reserve Stock levels during the contract period. Supplier shall not sell
or otherwise release interest in the Reserve Stock to any other customer without the prior written
consent of the City of Lodi Purchasing Officer.
During the contract, or any extension thereof, the City may direct Supplier to increase, decrease, or
eliminate reserve stock levels for any item covered under the contract. Direction shall be by written
notice from the City Purchasing Officer.
End of Contract Obligations: Within sixty days following the termination of a full-term contract, or
any full-term extension thereof, all reserve stock amounts held by Supplier for the City of Lodi shall
be purchased by the City at the contract prices in effect at the end of the contract. The City shall
have no further obligation to Supplier following purchase of reserve stock amounts. If, at the end of
the full-term contract (or full-term extension thereof) Supplier has sale options for reserve stock
amounts other than sale to the City, Supplier shall give City first right of refusal for all or part of
reserve stock amounts prior to sale or commitment to any other customer.
Reserve Stock Alternatives: Bidders are encouraged to suggest alternate stocking or reserve
stock methodologies. Consideration of those alternatives will only be made to bidders accepting the
City's Reserve Stock requirements shown in this Invitation to Bid. If the City elects to accept any
alternate reserve stock arrangements, terms of such arrangement shall be further negotiated and
included by reference in the subsequent contract.
III. CHANGES TOITERMINATION OF CONTRACT:
The City may, by written change order, make any changes, including additions to or deletions from
the quantities or services originally ordered, or in the specifications or drawings. If any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be
made which shall either be provided for in the change order or determined by the City in a later
change order. Supplier shall be obligated to perform in accordance with such change orders, but
Supplier may file a claim with the City if Supplier is dissatisfied with such adjustment. Any such
claim must be filed in writing within 30 days of the date of the change order, or other document
establishing the adjustment.
The City may, at any time, by written change order, change or terminate this contract partially or
completely as to any of the materials not shipped and/or services not performed. An equitable
adjustment will be made between the parties as to any work or materials then in progress, and for
minimum reserve stocks; provided that no such adjustment will be made in favor of the Supplier with
respect to materials which are Supplier's standard stock, nor shall any such adjustment be made for
Supplier's anticipated profits for that portion of the materials and/or services terminated. Such
termination shall not relieve the City or the Supplier of any of their obligations as to any materials
already delivered and/or services already performed. Any action by the Supplier for the adjustment
hereunder must be received in writing by the City within 30 days of the date of the change order or
other document establishing the equitable adjustment.
42
POLE LINE & URD HARDWARE SECTION 4, PAGE 3
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
III. Changes to/Termination of Contract (continued)
Unless earlier terminated, or extended by mutual agreement of both parties to the contract, the
supply contract made as a result of this bid and subsequent award shall cover a period commencing
with the date of award and ending June 30, 2001.
Termination for Cause: The City reserves the right to terminate the contract if Supplier fails to
perform obligations set forth in these specifications. (An example of "failure to perform" would be
Supplier's failure on three or more occasions to meet delivery leadtimes as stated in Supplier's
proposal). Termination shall be effective with the FAX transmission of termination letter from the
City of Lodi Purchasing Officer. City's only obligation upon termination for cause shall be the
purchase of minimum reserve stocks held at Supplier's facility, at contract prices, within one year
following termination for cause. (Reserve Stock amounts shall be as shown in Exhibit A, or the
manufacturer's standard pack as listed by bidder in bid documents, and reserve stocks shall be of
quality acceptable to the City). City shall not be liable for Supplier's replenishment orders whether
received or not by Supplier, nor for any cancellation charges, fees, or other obligations imposed by
Supplier/distributor or by manufacturer upon Supplier/distributor.
IV. INSPECTIONS
The City shall have the right to inspect the materials and to witness any of Supplier's regularly
scheduled testing of the materials during their manufacture or prior to shipment, and to perform a
final inspection of materials delivered within a reasonable time after arrival at the City of Lodi. The
materials shall not be deemed accepted until after said inspection. Material(s) found to be defective,
or otherwise non -conforming to material(s) specified, shall be returned to Supplier at Supplier's cost.
The making or failure to make any inspection of, or payment for, or acceptance of the materials,
shall in no way impair the City's right to reject non -conforming goods, or to avail itself of any other
remedies to which the City may be entitled, notwithstanding the City's knowledge of the non-
conformity, its substantiality, or the ease of its discovery.
V. STANDARD PACKAGING
Bidder shall indicate in the proposal the manufacturer's standard pack for each item listed. The City
may adjust "Minimum Required Reserve Stock" levels to correspond with the manufacturer's
standard pack. However, the City cannot guarantee that Stock Releases will be in standard pack
quantities.
VI. MATERIALS
Materials supplied under this contract shall be new, not previously used or refurbished. Where
manufacturer name and part number appear in the item listing in Exhibit A, only those manufacturers
and part numbers shown have been approved for use in the Lodi Electric system. No other
manufacturers' parts will be accepted. Bids proposing equipment not listed will not be considered.
Suppliers desiring to have alternative equipment qualified for use in the Lodi Electric system should
contact the Lodi Electric Engineering Division at 1331 South Ham Lane, Lodi, CA.
4.3
POLE LINE & URD HARDWARE SECTION 4, PAGE 4
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS {continued)
VII. EXPEDITING
The materials furnished under this contract shall be subject to expediting by the City's Purchasing
Officer or the City's Senior Storekeeper/Buyer. Either of these persons, or a representative of the
City specifically identified by either of these persons, shall have reasonable access to Supplier's
facilities, or the facilities of successful bidder's suppliers (after notice to supplier by successful
bidder), for the purpose of effecting an expedited delivery.
Vlll. PASSING OF TITLE: FOB DESTINATION
A. If the manufacture and shipment of materials specified herein is from within the
Continental United States, the terms of sale shall be F.O.B. Destination, as
designated by the City, and title to the materials specified herein shall be pass to the
City upon delivery to and acceptance by the City.
B. If the manufacture and shipment of materials specified herein is from the Dominion of
Canada, the terms of sale shall be F.O.B. Destination, as designated by the City, and
title to the materials specified herein shall be pass to the City upon delivery to and
acceptance by the City. The entire responsibility for all loss or damage to said
materials shall rest with the Supplier until delivery and acceptance by the City at
destination.
C. If the manufacture and shipment of materials specified herein is from outside the
Continental United States of America (United States) or the Dominion of Canada, the
terms of sale shall be carriage, insurance, and freight (CIF) Destination, as designated
by the City, and title to the materials specified herein shall be pass to the City upon
delivery to and acceptance by the City. The entire responsibility for all loss or damage
to said materials shall rest with the Supplier until delivery and acceptance by the City
at destination. It is understood and agreed that the Supplier will:
(1) Provide and pay for all transportation from original point of shipment to
destination as designated by the City;
(2) Pay import or export taxes, or other fees or charges, if any, levied because of
importation or exportation;
(3) Obtain and dispatch promptly to the City, or its agent, clean bills of lading
covering shipment from port of exportation to the port of entry into the United
States, and the transshipments from port of entry to destination;
(4) Provide at no cost to the City certificates of origin, consular invoices, or any
other documents issued by the country of origin, or of shipment, or of both,
which may be required for importation of goods into the United States and,
where necessary, for their passage through another country;
4.4
POLE LINE & URD HARDWARE SECTION 4, PAGE 5
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
VIII. Passing of Title: FOB Destination (continued)
(5) Receive goods upon arrival at point of entry into the United States, including
taking delivery in accordance with bill of lading clauses and terms, pay all
costs of landing, including any and all duties, including anti-dumping duties,
and taxes levied by the United States, and any other expenses at point of
entry into the United States.
IX. SELLER'S GUARANTEE
A. The Supplier guarantees the materials furnished under the contract meets all
requirements of the specifications.
B. The Supplier hereby agrees to repair or replace, F.O.B. jobsite, any materials which
fail in operation during normal and proper use, due to defects in design, material, or
workmanship, within one calendar year from date of completion of installation, or
eighteen calendar months from date of delivery and acceptance by the City,
notwithstanding that final acceptance and payment may have been made. As to any
material or part thereof repaired or replaced, this guarantee shall apply for one
calendar year from the date of such repair or replacement.
C. In the event manufacturer's guarantee or warranty exceeds requirements of this
section, then manufacturer's term of warranty shall prevail.
X. DELAYS
Time is of the essence. However, Supplier shall not be liable for delays in delivery or failure to
manufacture or deliver due to causes not reasonable foreseeable which are beyond its reasonable
control, such as acts of God, acts of civil or military authorities, Governmental priorities, fires, floods,
war or riot, or strikes. The failure of any subcontractor or Supplier to complete work or make
deliveries to Supplier on time shall not relieve Supplier from liability for delay unless such failures are
due to one of the causes set forth herein.
XI. COMPLIANCE
Supplier warrants that all materials sold hereunder shall have been produced, sold, delivered and
furnished in strict compliance with all applicable laws and regulations to which the materials are
subject. Supplier shall execute and deliver all documents which may be required to effect or to
evidence compliance as set forth herein. All laws and regulations required to be incorporated in
agreements of this character are hereby incorporated herein by this reference.
XII. NO ASSIGNMENT
Any assignment of the contract, or of any rights hereunder, or hypothecation thereof in any manner,
in whole or in part, by operation of law or otherwise, without prior written consent of the City of Lodi,
shall be void.
4.5
POLE LINE & URD HARDWARE SECTION 4, PAGE 6
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
XIII. INVOICES
Supplier shall mail invoices to the City of Lodi, Accounts Payable, P O Box 3006, Lodi, CA 95241.
Invoices shall be itemized by product shipped, unit price, and extended prices. Sales or Use Tax(es)
shall be shown as separate items. City's purchase order number shall appear on all invoices.
XIV. PACKING LISTS
Packing lists must be included with all shipments and City's Purchase Order number must appear on
all packing lists.
XV. PARTIAL SHIPMENTS
Partial shipments and/or billings of release orders are not permitted unless approved in writing by the
Purchasing Division.
XVI. INDEMNITY
Supplier shall indemnify, defend, and hold harmless the City, its officers, agents and employees
against all claims, loss, damage, expense, and liability asserted or incurred by other parties,
including, but not limited to, City's employees and Supplier's employees, arising out of or in any way
connected with the performance of any contract made pursuant to this bid and subsequent award,
and caused by acts, omissions, intent or negligence, whether active or passive, or Supplier, its
agents, employees and Suppliers, and excepting only such loss, damage or liability as may be
caused by the intentional acts or the sole negligence of the City.
XVII. CONSEQUENTIAL DAMAGES
Supplier shall not be liable for damages resulting from loss of transmission or distribution
capabilities, or other consequential damages of a similar nature.
XVIII. PRIME CONTRACTOR RESPONSIBILITY
If any Supplier's bid includes equipment or materials marketed by other firms, it will be mandatory for
such Supplier to act as prime contractor for the procurement and supply of the items offered. The
successful bidder (Supplier) shall be the sole point of contact with regard to contractual matters.
XIX. NOTICE TO PROCEED
The City will notify the successful bidder to proceed by written purchase order, FAXed to successful
bidder. The date of the FAX transmittal shall be established as the award date and shall be used to
calculate delivery dates and replenishment dates. Supplier shall proceed pursuant to the terms and
conditions specified in this Bid Request and the bid submitted by Supplier on which the award is
based. Suppliers failing to comply with the requirements of this bid shall be subject to termination of
contract, and shall be removed from the City's bid list for consideration of future bids.
4.6
POLE LINE & URD HARDWARE SECTION 4, PAGE 7
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
XX. NON -WAIVER
Failure of the City to insist upon strict performance of any of the terms and conditions hereof, of its
failure to exercise any rights or remedies provided herein or by law or to properly notify City in the
event of breach, or the acceptance of or payment for any materials hereunder, or approval of
design, shall not release City of any of the warranties or obligations of any contract made pursuant
to this bid and subsequent award, and shall not be deemed a waiver of any right of the City to insist
upon strict performance hereof or any of the City's rights or remedies as to any such materials,
regardless when shipped, received or accepted, or as to any prior or subsequent default hereunder,
nor shall any purported oral modification or rescission of the contract by the City operate as a waiver
of any of the terms hereof.
XXI. PATENT AND COPYRIGHT INDEMNITY
The Supplier hereby agrees to defend, indemnify and hold harmless the City from any and all
liability, loss, or damage and to reimburse the City for any cost or expense to which the City may be
put because of claims or litigation on account of infringement or alleged infringement of any letters
patent rights or copyright by reason of the services, equipment, materials, or other items used by the
Supplier in the performance of any agreement made pursuant to this bid.
XXII. APPLICABLE LAW
It is agreed that in the event of any litigation arising hereunder, the Supplier at the request of the City
shall submit to the jurisdiction of any court of competent jurisdiction within the State of California and
will comply with all the requirements necessary to give such Court jurisdiction, and that all matters
arising hereunder shall be determined in accordance with the law and practice of such Court. It is
further agreed that service of process in any such litigation may be made in the manner provided for
in Section 415.40 of the California Code of Civil Procedure or in any other manner provided for in
said code for service upon a person outside of the State of California.
4.7
POLE LINE & URD HARDWARE SECTION 4, PAGE 1
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS
I. STOCK REQUIREMENTS AND DELIVERY SCHEDULE
The City of Lodi (City) has indicated in Exhibit A the list of items to be included in this supply
contract, an estimate of annual volume for each item, and a minimum reserve stock level required
under a contract made as a result of this bid and subsequent award. Also indicated in Exhibit A are
(1) a desired lead time for successful bidder (Supplier) to establish a minimum reserve stock, (2) a
desired lead time for Supplier to replenish reserve stock to the minimum level after a shipment, and
(3) a desired lead time for Supplier to deliver items from the reserve stock once an item release has
been issued by the City of Lodi.
Lead times are defined as (1) the number of calendar days from the date of Notice Of Contract
Award (anticipated to be August 6, 1999) to the date Supplier has established the required level of
reserve stock; (2) the number of calendar days from the date stock has been released to the City
(from the reserve stock) to the date reserve stock is fully replenished at Supplier's facility; and (3) the
number of working days from the date Supplier receives a stock release from the City to the date
item(s) are delivered to the City.
Bidder shall indicate with the proposal the maximum lead times required by bidder to establish
reserve stock, replenish reserve stock, and deliver items from the reserve stock. Lead times
indicated by the bidder will be considered in the bid evaluation (see Section 2, Page 2, Information to
Bidders, "Award of Bid", Paragraph B).
Deliveries shall be made to the City of Lodi Municipal Service Center, 1331 South Ham Lane, Lodi,
CA 95242 only during normal receiving hours, 8:00 a.m. - 4:00 p.m., Monday through Friday,
excluding holidays.
The "Total Estimated Annual Volume" for each item indicated in Exhibit A is only an estimate of the
City's annual requirements, and does not constitute a guarantee that the City will purchase this
amount. Actual amount purchased during the contract period may be more or less than the
estimated volume. The City does guarantee the purchase of the amount held in reserve stock for
each item during the contract period.
11. RESERVE STOCKS
The bidder to whom the award is made must maintain on hand at least the "Minimum Required
Reserve Stock" indicated in Exhibit A, available for immediate delivery upon request by the City.
(The City may adjust the "required reserve stock" levels to correspond with standard pack criteria, as
indicated in bidder's proposal. The City may also adjust the "required reserve stock" levels during
the contract period as actual usages increase or decrease. Such adjustments shall be issued in
writing by the City of Lodi Purchasing Officer, and shall take effect following the delivery made
subsequent to the issuance of the change for the item specified for adjustment). The reserve stock
shall be stored and identified as "City of Lodi Stock Only" at the Supplier's (successful bidder's)
facility. Upon receipt of notification to deliver (a "Stock Release") Supplier shall ship requested
amount (up to reserve stock levels), and unless instructed otherwise by the City of Lodi Purchasing
Officer, shall replenish reserve stock to the minimum required level within the lead time quoted in
bidder's proposal. The City of Lodi reserves the right, without prior notice to Supplier, to visually
4.1
POLE LINE & URD HARDWARE SECTION 4, PAGE 2
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
II. Reserve Stocks (continued)
inspect and verify Supplier's Reserve Stock levels during the contract period. Supplier shall not sell
or otherwise release interest in the Reserve Stock to any other customer without the prior written
consent of the City of Lodi Purchasing Officer.
During the contract, or any extension thereof, the City may direct Supplier to increase, decrease, or
eliminate reserve stock levels for any item covered under the contract. Direction shall be by written
notice from the City Purchasing Officer.
End of Contract Obligations: Within sixty days following the termination of a full-term contract, or
any full-term extension thereof, all reserve stock amounts held by Supplier for the City of Lodi shall
be purchased by the City at the contract prices in effect at the end of the contract. The City shall
have no further obligation to Supplier following purchase of reserve stock amounts. If, at the end of
the full-term contract (or full-term extension thereof) Supplier has sale options for reserve stock
amounts other than sale to the City, Supplier shall give City first right of refusal for all or part of
reserve stock amounts prior to sale or commitment to any other customer.
Reserve Stock Alternatives: Bidders are encouraged to suggest alternate stocking or reserve
stock methodologies. Consideration of those alternatives will only be made to bidders accepting the
City's Reserve Stock requirements shown in this Invitation to Bid. If the City elects to accept any
alternate reserve stock arrangements, terms of such arrangement shall be further negotiated and
included by reference in the subsequent contract.
Ill. CHANGES TOITERMINATION OF CONTRACT:
The City may, by written change order, make any changes, including additions to or deletions from
the quantities or services originally ordered, or in the specifications or drawings. If any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be
made which shall either be provided for in the change order or determined by the City in a later
change order. Supplier shall be obligated to perform in accordance with such change orders, but
Supplier may file a claim with the City if Supplier is dissatisfied with such adjustment. Any such
claim must be filed in writing within 30 days of the date of the change order, or other document
establishing the adjustment.
The City may, at any time, by written change order, change or terminate this contract partially or
completely as to any of the materials not shipped and/or services not performed. An equitable
adjustment will be made between the parties as to any work or materials then in progress, and for
minimum reserve stocks; provided that no such adjustment will be made in favor of the Supplier with
respect to materials which are Supplier's standard stock, nor shall any such adjustment be made for
Supplier's anticipated profits for that portion of the materials and/or services terminated. Such
termination shall not relieve the City or the Supplier of any of their obligations as to any materials
already delivered and/or services already performed. Any action by the Supplier for the adjustment
hereunder must be received in writing by the City within 30 days of the date of the change order or
other document establishing the equitable adjustment.
4.2
POLE LINE & URD HARDWARE SECTION 4, PAGE 3
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
Ill. Changes to/Termination of Contract (continued)
Unless earlier terminated, or extended by mutual agreement of both parties to the contract, the
supply contract made as a result of this bid and subsequent award shall cover a period commencing
with the date of award and ending June 30, 2001.
Termination for Cause: The City reserves the right to terminate the contract if Supplier fails to
perform obligations set forth in these specifications. (An example of "failure to perform" would be
Supplier's failure on three or more occasions to meet delivery leadtimes as stated in Supplier's
proposal). Termination shall be effective with the FAX transmission of termination letter from the
City of Lodi Purchasing Officer. City's only obligation upon termination for cause shall be the
purchase of minimum reserve stocks held at Supplier's facility, at contract prices, within one year
following termination for cause. (Reserve Stock amounts shall be as shown in Exhibit A, or the
manufacturer's standard pack as listed by bidder in bid documents, and reserve stocks shall be of
quality acceptable to the City). City shall not be liable for Supplier's replenishment orders whether
received or not by Supplier, nor for any cancellation charges, fees, or other obligations imposed by
Supplier/distributor or by manufacturer upon Supplier/distributor.
IV. INSPECTIONS
The City shall have the right to inspect the materials and to witness any of Supplier's regularly
scheduled testing of the materials during their manufacture or prior to shipment, and to perform a
final inspection of materials delivered within a reasonable time after arrival at the City of Lodi. The
materials shall not be deemed accepted until after said inspection. Material(s) found to be defective,
or otherwise non -conforming to material(s) specified, shall be returned to Supplier at Supplier's cost.
The making or failure to make any inspection of, or payment for, or acceptance of the materials,
shall in no way impair the City's right to reject non -conforming goods, or to avail itself of any other
remedies to which the City may be entitled, notwithstanding the City's knowledge of the non-
conformity, its substantiality, or the ease of its discovery.
V. STANDARD PACKAGING
Bidder shall indicate in the proposal the manufacturer's standard pack for each item listed. The City
may adjust "Minimum Required Reserve Stock' levels to correspond with the manufacturer's
standard pack. However, the City cannot guarantee that Stock Releases will be in standard pack
quantities.
VI. MATERIALS
Materials supplied under this contract shall be new, not previously used or refurbished. Where
manufacturer name and part number appear in the item listing in Exhibit A, only those manufacturers
and part numbers shown have been approved for use in the Lodi Electric system. No other
manufacturers' parts will be accepted. Bids proposing equipment not listed will not be considered.
Suppliers desiring to have alternative equipment qualified for use in the Lodi Electric system should
contact the Lodi Electric Engineering Division at 1331 South Ham Lane, Lodi, CA.
4.3
POLE LINE & URD HARDWARE SECTION 4, PAGE 4
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
VII. EXPEDITING
The materials furnished under this contract shall be subject to expediting by the City's Purchasing
Officer or the City's Senior Storekeeper/Buyer. Either of these persons, or a representative of the
City specifically identified by either of these persons, shall have reasonable access to Suppliers
facilities, or the facilities of successful bidder's suppliers (after notice to supplier by successful
bidder), for the purpose of effecting an expedited delivery.
VIII. PASSING OF TITLE: FOB DESTINATION
A. If the manufacture and shipment of materials specified herein is from within the
Continental United States, the terms of sale shall be F.O.B. Destination, as
designated by the City, and title to the materials specified herein shall be pass to the
City upon delivery to and acceptance by the City.
B. If the manufacture and shipment of materials specified herein is from the Dominion of
Canada, the terms of sale shall be F.O.B. Destination, as designated by the City, and
title to the materials specified herein shall be pass to the City upon delivery to and
acceptance by the City. The entire responsibility for all loss or damage to said
materials shall rest with the Supplier until delivery and acceptance by the City at
destination.
C. If the manufacture and shipment of materials specified herein is from outside the
Continental United States of America (United States) or the Dominion of Canada, the
terms of sale shall be carriage, insurance, and freight (CIF) Destination, as designated
by the City, and title to the materials specified herein shall be pass to the City upon
delivery to and acceptance by the City. The entire responsibility for all loss or damage
to said materials shall rest with the Supplier until delivery and acceptance by the City
at destination. It is understood and agreed that the Supplier will:
(1) Provide and pay for all transportation from original point of shipment to
destination as designated by the City;
(2) Pay import or export taxes, or other fees or charges, if any, levied because of
importation or exportation;
(3) Obtain and dispatch promptly to the City, or its agent, clean bills of lading
covering shipment from port of exportation to the port of entry into the United
States, and the transshipments from port of entry to destination;
(4) Provide at no cost to the City certificates of origin, consular invoices, or any
other documents issued by the country of origin, or of shipment, or of both,
which may be required for importation of goods into the United States and,
where necessary, for their passage through another country;
4.4
POLE LINE & URD HARDWARE SECTION 4, PAGE 5
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
VIII. Passing of Title: FOB Destination (continued)
(5) Receive goods upon arrival at point of entry into the United States, including
taking delivery in accordance with bill of lading clauses and terms, pay all
costs of landing, including any and all duties, including anti-dumping duties,
and taxes levied by the United States, and any other expenses at point of
entry into the United States.
IX. SELLER'S GUARANTEE
A. The Supplier guarantees the materials furnished under the contract meets all
requirements of the specifications.
B. The Supplier hereby agrees to repair or replace, F.O.B. jobsite, any materials which
fail in operation during normal and proper use, due to defects in design, material, or
workmanship, within one calendar year from date of completion of installation, or
eighteen calendar months from date of delivery and acceptance by the City,
notwithstanding that final acceptance and payment may have been made. As to any
material or part thereof repaired or replaced, this guarantee shall apply for one
calendar year from the date of such repair or replacement.
C. In the event manufacturer's guarantee or warranty exceeds requirements of this
section, then manufacturer's term of warranty shall prevail.
X. DELAYS
Time is of the essence. However, Supplier shall not be liable for delays in delivery or failure to
manufacture or deliver due to causes not reasonable foreseeable which are beyond its reasonable
control, such as acts of God, acts of civil or military authorities, Governmental priorities, fires, floods,
war or riot, or strikes. The failure of any subcontractor or Supplier to complete work or make
deliveries to Supplier on time shall not relieve Supplier from liability for delay unless such failures are
due to one of the causes set forth herein.
XI. COMPLIANCE
Supplier warrants that all materials sold hereunder shall have been produced, sold, delivered and
furnished in strict compliance with all applicable laws and regulations to which the materials are
subject. Supplier shall execute and deliver all documents which may be required to effect or to
evidence compliance as set forth herein. All laws and regulations required to be incorporated in
agreements of this character are hereby incorporated herein by this reference.
XII. NO ASSIGNMENT
Any assignment of the contract, or of any rights hereunder, or hypothecation thereof in any manner,
in whole or in part, by operation of law or otherwise, without prior written consent of the City of Lodi,
shall be void.
4.5
POLE LINE & URD HARDWARE SECTION 4, PAGE 6
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
XIII. INVOICES
Supplier shall mail invoices to the City of Lodi, Accounts Payable, P O Box 3006, Lodi, CA 95241.
Invoices shall be itemized by product shipped, unit price, and extended prices. Sales or Use Tax(es)
shall be shown as separate items. City's purchase order number shall appear on all invoices.
XIV. PACKING LISTS
Packing lists must be included with all shipments and City's Purchase Order number must appear on
all packing lists.
XV. PARTIAL SHIPMENTS
Partial shipments and/or billings of release orders are not permitted unless approved in writing by the
Purchasing Division.
XVI. INDEMNITY
Supplier shall indemnify, defend, and hold harmless the City, its officers, agents and employees
against all claims, loss, damage, expense, and liability asserted or incurred by other parties,
including, but not limited to, City's employees and Supplier's employees, arising out of or in any way
connected with the performance of any contract made pursuant to this bid and subsequent award,
and caused by acts, omissions, intent or negligence, whether active or passive, or Supplier, its
agents, employees and Suppliers, and excepting only such loss, damage or liability as may be
caused by the intentional acts or the sole negligence of the City.
XVII. CONSEQUENTIAL DAMAGES
Supplier shall not be liable for damages resulting from loss of transmission or distribution
capabilities, or other consequential damages of a similar nature.
XVIII. PRIME CONTRACTOR RESPONSIBILITY
If any Supplier's bid includes equipment or materials marketed by other firms, it will be mandatory for
such Supplier to act as prime contractor for the procurement and supply of the items offered. The
successful bidder (Supplier) shall be the sole point of contact with regard to contractual matters.
XIX. NOTICE TO PROCEED
The City will notify the successful bidder to proceed by written purchase order, FAXed to successful
bidder. The date of the FAX transmittal shall be established as the award date and shall be used to
calculate delivery dates and replenishment dates. Supplier shall proceed pursuant to the terms and
conditions specified in this Bid Request and the bid submitted by Supplier on which the award is
based. Suppliers failing to comply with the requirements of this bid shall be subject to termination of
contract, and shall be removed from the City's bid list for consideration of future bids.
4.6
POLE LINE & URD HARDWARE SECTION 4, PAGE 7
SUPPLY CONTRACT SPECIFICATIONS
ADMINISTRATIVE REQUIREMENTS (continued)
XX. NON -WAIVER
Failure of the City to insist upon strict performance of any of the terms and conditions hereof, of its
failure to exercise any rights or remedies provided herein or by law or to properly notify City in the
event of breach, or the acceptance of or payment for any materials hereunder, or approval of
design, shall not release City of any of the warranties or obligations of any contract made pursuant
to this bid and subsequent award, and shall not be deemed a waiver of any right of the City to insist
upon strict performance hereof or any of the City's rights or remedies as to any such materials,
regardless when shipped, received or accepted, or as to any prior or subsequent default hereunder,
nor shall any purported oral modification or rescission of the contract by the City operate as a waiver
of any of the terms hereof.
XXI. PATENT AND COPYRIGHT INDEMNITY
The Supplier hereby agrees to defend, indemnify and hold harmless the City from any and all
liability, loss, or damage and to reimburse the City for any cost or expense to which the City may be
put because of claims or litigation on account of infringement or alleged infringement of any letters
patent rights or copyright by reason of the services, equipment, materials, or other items used by the
Supplier in the performance of any agreement made pursuant to this bid.
XXII. APPLICABLE LAW
It is agreed that in the event of any litigation arising hereunder, the Supplier at the request of the City
shall submit to the jurisdiction of any court of competent jurisdiction within the State of California and
will comply with all the requirements necessary to give such Court jurisdiction, and that all matters
arising hereunder shall be determined in accordance with the law and practice of such Court. It is
further agreed that service of process in any such litigation may be made in the manner provided for
in Section 415.40 of the California Code of Civil Procedure or in any other manner provided for in
said code for service upon a person outside of the State of California.
4.7
EXHIBIT A
SCHEDULE OF ITEMS, TOTAL ESTIMATED ANNUAL VOLUMES, REQUIRED MINIMUM RESERVE STOCK LEVELS,
DESIRED LEAD TIMES TO ESTABLISH RESERVE STOCKS, DESIRED LEAD TIMES TO REPLENISH RESERVE STOCKS,
AND DESIRED LEAD TIME FOR SUPPLIER TO DELIVER ITEMS FROM RESERVE STOCK ONCE A STOCK RELEASE HAS
BEEN RECEIVED BY SUPPLIER FROM THE CITY OF LODI.
CATEGORY 1
CROSSARM, WOOD, LSP 9'6",
115-8499
200 ea
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
TREATED, PER SPECS
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
I VOLUME
LEVEL
LEAD TIME)
LEAD TIMEJ
LEAD TIME
CATEGORY 1
CROSSARM, WOOD, LSP 9'6",
115-8499
200 ea
50 ea
30 days
30 days
5 days
TREATED, PER SPECS
A-1
CATEGORY H
EXHIBIT A, PAGE 2
STEEL PIN, GALVANIZED,
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
5/8" x 6-1/2"
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
JOSLYN J204
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
McGRAW DP2S5
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
VOLUME
LEVEL
LEAD TIME)
LEAD TIME)
LEAD TIME
STEEL PIN, GALVANIZED,
5/8" x 6-1/2"
JOSLYN J204
115-8602
300 ea
75 ea
60 days
30 days
5 days
McGRAW DP2S5
GUY GRIP 3/8" B COAT
PREFORMED GDE1107
115-9020
400 ea
50 ea
30 days
30 days
5 days
DULMISON SGG-0915
GUY WIRE, 3/8",
15,000# BREAKING STRENGTH
115-9026
2,000 ft
500 ft
30 days
30 days
5 days
500 -FT COIL
ANGLE VEE BRACE, 60"
JOSLYN J1510
115-9460
50 ea
10 ea
30 days
30 days
5 days
MCGRAW DB2L1
TENSION SLEEVE, #4-1/0 AL,
ANDERSON VC -44-A
118-2081
400 ea
100 ea
30 days
30 days
5 days
JUMPER SLEEVE,
#2/0-336.5MCM AL,
118-2086
150 ea
30 ea
30 days
30 days
5 days
ANDERSON VCSE-77
PIN INSULATOR, 13.2KV,
F -NECK, ANSI 55-5
CHANCE C905-1305
118-5006
300 ea
60 ea
30 days
30 days
5 days
PORC. PROD. 380-S
JOSLYN L367 -R-11
VICTOR 39R
A-2
CATEGORY N (Continued)
EXHIBIT A, PAGE 3
15KV EPDXILATOR
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
SUSPENSION TYPE
118-5020
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
CHANCE C6540000
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
RELIABLE DS -15-G
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
VOLUME
LEVEL
LEAD TIME)
LEAD TIMEJ
LEAD TIME
15KV EPDXILATOR
SUSPENSION TYPE
118-5020
160 ea
40 ea
30 days
30 days
5 days
CHANCE C6540000
RELIABLE DS -15-G
SECONDARY SPOOL INSULATOR
JOSLYN J101
CHANCE C909-1032
118-9939
400 ea
100 ea
30 days
30 days
5 days
PORC. PROD. 5101
VICTOR 2026
SECONDARY & DEAD-END
CLEVIS
118-9950
400 ea
50 ea
30 days
30 days
5 days
JOSLYN J93
4 -SPOOL SECONDARY EXTEN-
SION BRACKET
118-9952
120 ea
50 ea
30 days
30 days
5 days
JOSLYN J2548
A-3
CATEGORY Ill
EXHIBIT A, PAGE 4
ELECTRICAL TAPE, 600v,
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
10 MIL, 2 -INCH WIDTH, BLACK
118-9976
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
PLYMOUTH 85CW
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
3M SCOTCH 37
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
VOLUME
LEVEL
LEAD TIME)
LEAD TIMEjj
LEAD TIME
ELECTRICAL TAPE, 600v,
10 MIL, 2 -INCH WIDTH, BLACK
118-9976
240 d
24 d
30 days
30 days
5 days
PLYMOUTH 85CW
3M SCOTCH 37
ELECTRICAL TAPE,
3/4" x 66 FT., BLACK
116-9977
1,000 d
200 d
30 days
30 days
5 days
3M SUPER 33+
A-4
CATEGORY IV
EXHIBIT A, PAGE 5
HEAT SHRINK TAP ASSEMBLY
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
#4/0 AL & CU
124-5080
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
HOMAC CFK-4/0-HS
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
BURNDY RYA -28 -UC
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
VOLUME
LEVEL
LEAD TIME
LEAD TIME)
LEAD TIME
HEAT SHRINK TAP ASSEMBLY
#4/0 AL & CU
124-5080
400 ea
100 ea
60 days
60 days
5 days
HOMAC CFK-4/0-HS
BURNDY RYA -28 -UC
HEAT SHRINK TAP ASSEMBLY
9350 MCM AL & CU
124-5100
400 ea
100 ea
60 days
60 days
5 days
HOMAC CFB-350-HS
BURNDY RYA -31 -AC
A-5
CATEGORY V
EXHIBIT A, PAGE 6
MOLE, 4 -WAY STANDARD,
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
#12-350MCM AL & CU
124-5010
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
HOMAC FS95-4
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
HEAT SHRINK TAP ASSEMBLY
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
VOLUME
LEVEL
LEADI!MEL
LEAD TIME)
LEAD TIME
MOLE, 4 -WAY STANDARD,
#12-350MCM AL & CU
124-5010
200 ea
50 ea
60 days
60 days
5 days
HOMAC FS95-4
HEAT SHRINK TAP ASSEMBLY
#110 AL & CU
124-5060
400 ea
100 ea
60 days
60 days
5 days
HOMAC CFG-1/0-HS
COMPRESSION LUG, FLAT,
#110 STIR 1 -HOLE AUCU
124-9604
300 ea
75 ea
60 days
60 days
5 days
HOMAC SA -1/0-48
COMPRESSION LUG,
#4/0 STIR 1 -HOLE ALICU
124-9615
100 ea
50 ea
120 days
60 days
5 days
HOMAC SA -4/0-48
COMPRESSION LUG, STRAIGHT,
#500MCM 2 -HOLE AL/CU
124-9636
150 ea
75 ea
120 days
60 days
5 days
HOMAC AL500-NTN
COMPRESSION LUG, STRAIGHT,
#750MCM 2 -HOLE AL/CU
124-9645
150 ea
75 ea
120 days
60 days
5 days
HOMAC AL750-NTN STRAIGHT
A-6
CATEGORY VI
EXHIBIT A, PAGE 7
CATEGORY V1
LOADBREAK ELBOW
MINIMUM
ESTABLISH
REPLENISH
DELIVERY
RECEPTACLE, #2 AL
124-6481
TOTAL
REQUIRED
RESERVE
RESERVE
FROM
ELASTIMOLD 166LRB-5220
CITY OF
EST.
RESERVE
STOCK
STOCK
RESERVE
RTE LE 215A04TX
LODI
ANNUAL
STOCK
(DESIRED
(DESIRED
(DESIRED
ITEM DESCRIPTION
ITEM NR.
VOLUME
LEVEL
LEAD TIME)
LEAD TIMEjj
LEAD TIME
CATEGORY V1
LOADBREAK ELBOW
RECEPTACLE, #2 AL
124-6481
300 ea
75 ea
60 days
60 days
5 days
ELASTIMOLD 166LRB-5220
RTE LE 215A04TX
LOADBREAK ELBOW
RECEPTACLE, #210 AL
124-6483
300 ea
75 ea
60 days
60 days
5 days
ELASTIMOLD 166LRC-5250
RTE LE 215C07TX
200A PROTECTIVE CAP
RTE LPC215
124-6490
160 ea
40 ea
60 days
60 days
5 days
ELASTIMOLD 160DRG
200A BUSHING WELL INSERT,
LOADBREAK
124-6496
160 ea
40 ea
60 days
60 days
5 days
RTE LBI215
ELASTIMOLD 1601AA
A-7