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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