HARBOR TRANSIT MULTI-MODAL
TRANSPORTATION SYSTEM
INVITATION FOR BIDS
LPG TANK AND
DISPENSING SYSTEM
HARBOR TRANSIT MULTI-MODAL
TRANSPORTATION SYSTEM
TERMS AND CONDITIONS
- GENERAL
(a)Harbor Transit is accepting bids for the acquisition of a LPG TANK AND DISPENSING SYSTEM for HARBOR TRANSIT. Bids are requested from qualified contractors who will be required to provide all equipment, shipping and any other related items necessary to acquire the items listed in the attached specifications. The successful contractor may be required to attend meetings with HARBOR TRANSIT officials as necessary to ensure timely and effective implementation of the project.
(b)Bids are requested for the commodities or services specified hereunder to be furnished during the period as noted on the “Bid Form”. The successful contractorwill be required to furnish all such materials as may be ordered during the contract period. Uponacceptance of a bid approved by the HARBOR TRANSIT’s Board of Directors, orders for delivery, installation and training will be issued directly to the contractor by HARBOR TRANSIT.
(c)In order of precedence, a contract resulting from this Invitation ForBids (“IFB”) will consist of published addenda modifying the IFB, the contents of this IFB, the contractor’s response to the IFB requirements, and federal, state and local required documents. In case of disagreement, the IFB as modified by the published addenda will rule. HARBOR TRANSIT shall not be bound by any part(s) of thecontractor’s response to the IFB which contains information, options, conditions, terms, or prices not requested nor required in this IFB.
(d)The failure of HARBOR TRANSIT to insist upon strict adherence to any term of a contract resulting from this IFB shall not be considered a waiver or depriveHARBOR TRANSIT of the right thereafter to insist upon strict adherence to that term or any other term of the contract.
(e)Any contract resulting from this IFB, may not be modified, amended, extended, or augmented except in writing and executed by the parties hereto, and any breach or default by a party shall not be waived or released other than in writing signed by the other party.
(f)This project is under the auspices of HARBOR TRANSIT.Prospective vendors will be required to meet all associated requirements in Federal Transit Administration and Michigan contracts, or any other applicable federal, state or local regulations. A resulting contract shall in all respects be governed by, and construed in accordance with, the laws of the State of Michigan and the Federal Transit Administration.
(g)HARBOR TRANSIT reserves the right to reject any and all proposals for sound, documentable reasons at any time prior to HARBOR TRANSIT’s acceptance of a bid approved by the HARBOR TRANSIT’s Board of Directors. HARBOR TRANSIT reserves the right to waive any irregularities or non-conformities in any proposal. HARBOR TRANSIT reserves the right to negotiate the terms of a contract with the successful contractor. In and at such time as the HARBOR TRANSIT’s Board of Directors approves a bid, the IFB as modified by published addenda, the contractor’s response to the IFB requirements, and federal, state and local required documents shall represent the entire agreement between the parties unless the terms of a further negotiated contract results.
- PAYMENT
(a)The LPGTank and Dispensing Systemwill be purchased asa fixed fee contract. The fee is payable at acceptance of the LPG Tank and Dispensing Systemby HARBOR TRANSIT.
- PROJECT SCHEDULE
(a)The LPG Tank and Dispensing Systemshall be delivered, within 30 days after the successful contractor receives a Notice to Proceed.
- PROJECT STAFF
(a)Project Staff will consist of Anthony Dionise, Operations Manager. Mr.Dionise will assume the responsibility of project director and will act as the liaison between the contractor and HARBOR TRANSIT and, as such, will monitor performance and direction.
(b)The project staff will evaluate the bids and recommend the acceptance of one bid or the rejection of all bids to Tom Manderscheid, Transportation Director. The Transportation Director will make a recommendation for the bid awardor rejection of all bids to the HARBOR TRANSIT Board of Directors. Theagreement between the HARBOR TRANSIT and the successful contractor requires HARBOR TRANSIT Board of Directors approval prior to the final award.
- CONTRACT TERM
(a)The contract will commence upon HARBOR TRANSIT’s award of the contract and shall terminate upon HARBOR TRANSIT’s final acceptance of the LPGTank and Dispensing Systemexcept that the contractor’s obligations concerning indemnity and any and all warranties shall remain in effect after contract termination.
- ISSUING OFFICE
(a)This IFB is issued by HARBOR TRANSIT, organized as a public authority under PA of 1986.
(b)HARBOR TRANSIT is the sole point of contact with regard to all procurement and contractual matters relating to the commodities and/or services described herein. HARBOR TRANSIT is the only department authorized to change, modify, amend, alter, and clarify, etc., the specification, terms and conditions of this IFB and any contract awarded as a result of this request. HARBOR TRANSIT will remain the SOLE POINT OF CONTACT throughout the procurement process. All communications covering this procurement must be addressed to:
Anthony Dionise, Operations Manager
Harbor Transit
440 North Ferry Street
Grand Haven, MI 49417-1124
Telephone: (616)842-3220 x-6
FAX: (616)847-3477
EMAIL:
- CONTRACT ADMINISTRATOR
(a)Upon receipt of the properly executed contract(s), HARBOR TRANSIT will be authorized to administer the contract on a day-to-day basis during the term of this contract.
- SELECTION CRITERIA
(a)HARBOR TRANSIT will award to the lowest bid that meets the specifications, terms and conditions of the IFB, and is submitted by a responsive and responsible bidder.
(b) HARBOR TRANSIT may conduct any such investigations as necessary to determine bidder responsibleness.
(c)Responsible bidders must have the ability to comply with all of the FTA and state requirements including, but not limited to Buy America requirements, energy conservation requirements, FTA regulations, policies, procedures, and directives, recycled products requirements, the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, Copeland Anti-Kickback Act, disadvantage business enterprise requirements, civil rights requirements, the Environmental Protection Act, and the access requirements mandated by the Americans with Disabilities Act.
(d)Following these investigations a recommendation will be made by the HARBOR TRANSIT administration to the HARBOR TRANSIT Board of Directors for a bid award, but only after and based upon HARBOR TRANSIT’s evaluation indicating that such contract bid award will be in the best interest ofHARBOR TRANSIT. If the bid is to be awarded, HARBOR TRANSIT will give the successful contractor a Notice to Proceed.
- INCURRING COST
(a)HARBOR TRANSIT is not liable for any cost incurred by the contractor prior to signing of a contract. The liability of HARBOR TRANSIT is limited to terms and conditions of this IFB and any resulting contract. In no instance shall HARBOR TRANSIT be liable for consequential damages or any loss of any business opportunities.
- QUOTATIONS
(a)To be considered, each contractor must submit a response to this IFB using the format provided. No other distribution of bids is to be made by the contractor. THE IFB DOCUMENTS SENT WITH THIS PACKET MUST BE SIGNED IN INK BY AN OFFICIAL OF THE BIDDING ORGANIZATION authorized to bind the contractor to the provisions of the IFB. THE COMPLETED IFB BID FORM MUST BE RETURNED WITH THE BID SUBMISSION. The bid must remain valid for a period of at least ninety (90) days from the submission due date.
- CONTRACTOR RESPONSIBILITIES
(a)The contractor will be required to assume responsibility for all contractual activities offered in the IFB, whether or not the contractor performs them. Further, HARBOR TRANSIT will consider the contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated contract. If any part of the work is to be subcontracted, responses to this IFB must include a list of subcontractors, including firm name and address, contact person and complete description of work to be subcontracted. HARBOR TRANSIT reserves the right to approve subcontractors and to require the contractor to replace subcontractors found to be unacceptable. The contractor is totally responsible for adherence by the subcontractor to all provisions of the contract. Any change in subcontractors must be approved by HARBOR TRANSIT, in writing, prior to such change.
- SPECIFICATIONS
(a)Definite Specifications - All commodities and services to be furnished hereunder shall conform to the specifications as noted in the IFB and/or copies of specifications attached.
(b)All equipment must be new and of the manufacturer’s current models in production at the time of order. All standard or optional equipment to be included shall be as advertised by the manufacturer (OEM) and factory installed and shall not consist of substitute or after market equipment. Equipment not available from the factory may be dealer installed. However, in no event shall any equipment, attachment or part be installed contrary to the manufacturer’s recommendations or standard industry practices.
- RECYCLED MATERIALS
(a)Contractors are encouraged to offer bids for products containing recovered materials suitable for the intended use. By doing so, the contractor warrants the product(s) as at least functionally equivalent to the bid specifications. “Recovered material” is defined as post-consumer waste (any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purpose of collections, recycling, and disposition) and secondary waste (industrial by-products as in wastes generated after completion of a manufacturing process that would normally be reused). All contractors are requested to attach a statement which indicates the items which contain recycled materials and the percentage of recycled materials, if any, contained in each item.
(b)The contractor, in performance of the contract, agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. §6962, including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
- PRICE
(a)Prices quoted shall be the maximum to be charged during the contract period; HARBOR TRANSIT shall receive the benefit of any decrease in price that may occur. All bid prices are to be F.O.B. destination. (Freight charges must be included in pricing provided and not separated out as a separate item.)
(b)If changes in federal regulations raise the cost of equipment required under any contract resulting from this IFB, during the contract period, contractors may submit a written request for a price adjustment to reflect the actual cost increases experienced. The request shall be accompanied by evidence that the change actually affected the contractor’s cost. Changes must be approved in writing by Harbor Transit.
(c)Any price revision shall take effect 30 days after authorizations of the revision by HARBOR TRANSIT. HARBOR TRANSIT may delay implementing a price revision if additional supportive documentation is required. If proposed prices are not acceptable to either party, the existing contract prices shall remain in effect, or the contract may be cancelled. The contractor remains responsible for performing according to the contract terms at the contract price for all orders received before price revisions are approved or before the contract is cancelled.
(d)The postmark date on the Contract Release will determine price to be charged on orders (requesting a single shipment) which may already be in transit to the contractor prior to the new price implementation date. Orders issued by agencies requesting multiple deliveries, over a specified period of time which any overlap two price periods, shall reflect the current price at the time of delivery.
- DELIVERY
(a)Exact delivery, installation and training due dates will be determined by delivery schedule, inspection schedule, and order date.
(b)Final inspection will be made at HARBOR TRANSIT office, located at 440 North Ferry Street, Grand Haven, Michigan. The bidder may subcontract with a Michigan firm capable of handling final inspection, corrections, and warranty follow-up.
(c)The equipment shall be delivered and training completed within 30 days of the contract being signed by both parties. Delivery time will be agreed upon between the bidder and HARBOR TRANSIT.
16.INSPECTIONS
(a)The contractor must provide the agency and its authorized representatives safe access to the work at all times. The selected firm must provide the agency and its authorized representatives with the information and assistance necessary for them to make complete and detailed inspections. The selected firm is not entitled to a time extension or compensation for reasonable delays, inconvenience, or any other cause attributed to the agency’s reasonable inspection of the work.
(b)The contractor will not be responsible for any expense or transportation for HARBOR TRANSIT personnel involved in any meetings or inspections.
(c)HARBOR TRANSIT shall have the right to inspect the equipment upon delivery. HARBOR TRANSIT’s inspection shall not be deemed a waiver by HARBOR TRANSIT of any right later to reject, revoke acceptance or recover damages for goods accepted which are not, in fact, free from patent or latent defects.
(d)Title and risk of loss shall not pass from the contractor toHARBOR TRANSIT until the equipment has been received and accepted by HARBOR TRANSIT. Mere acknowledgment by HARBOR TRANSIT personnel of delivery or receipt of the equipment shall not be deemed or construed as acceptance of the equipment. The contractor bears the risk of loss of the equipment until inspected and accepted. If acceptance of the equipment is properly revoked, the contractor bears the risk of loss thereafter.
(e)The contractor shall reimburse HARBOR TRANSIT for any and all reasonable expenses incurred in the inspection or handling of rightfully accepted goods or goods whose acceptance has been justifiably revoked. The contractor shall also be responsible for HARBOR TRANSIT’s costs, if any, of purchasing goods in substitution of those due from the Contractor.
(f)The contractor shall be responsible for any and all consequential damages incurred by HARBOR TRANSIT from the contractor’s breach. These include, without limitation, any loss resulting from the general or particular needs of HARBOR TRANSIT at the time of contracting and any injury to a person or property including those which may arise from a breach of warranty by the contractor or the manufacturer.
17.DISCLOSURE
(a)The Michigan Freedom of Information Act (FOIA), as amended, MCL 15.231 et seq., provides for complete disclosure of contracts and attachments hereto. As such, all information submitted by the contractor is subject to possible disclosure. Nothing in this section shall preclude HARBOR TRANSIT from disclosing information marked proprietary if HARBOR TRANSIT is legally bound to do so.
18.SEALED BID RECEIPT
(a)Bids must be received at the Grand Haven City Clerk’s Office, 519 Washington Street, Grand Haven, MI 49417 by 10:00 a.m. on July 9th, 2014, at which time the bids will be publicly opened and read aloud in the City Hall Council Chambers.
(b)All bids must be clearly marked as HARBOR TRANSIT, LPG Tank and Dispenser Bid on the outside of the sealed envelope.
(c)Questions, comments or requests for exceptions must be submittedin writing to Anthony Dionise, Operations Manager 440 North Ferry Street, Grand Haven, MI 49417, telephone (616)842-3220, FAX (616)847-3477, Email: ithin 10 days of the IFBposting date. HARBOR TRANSIT will respond in seven (7) days after the request is received. Questions and answers will be posted on the Harbor Transit Web Site for all bidders to review.
(d)Failure to identify the sealed bid according to the instructions on the “Sealed Bid” cover page may result in an automatic disqualification from consideration unless no other qualified bids are received.
- ACCOUNTING RECORDS
(a)The contractor and all subcontractors shall maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with generally accepted principles of accounting and other procedures specified by the State of Michigan. Financial and accounting records shall be made available, upon request, to HARBOR TRANSIT, their designees, Federal Transit Administration or the State of Michiganat any time during the contract period and any extension thereof, for three years from expiration date and final payment on the contract or extension thereof.
20.TAXES
(a)HARBOR TRANSIT is exempt from federal excise tax, state or local sales tax. Bid prices shall not include such taxes. Exemption certificates for federal excise tax will be furnished upon request.
21.TERMINATION
TERMINATION OF A CONTRACT resulting from the IFB by HARBOR TRANSIT may be for (a) default of the contractor, or (b) when it is in HARBOR TRANSIT’s best interest. Default is defined as the failure of the contractor to fulfill the obligations of the quotation, contract, or purchase order. In case of default by the contractor, HARBOR TRANSIT may immediately terminate the contract or purchase order and procure the articles or services from other sources, and hold the contractor responsible for any excess costs occasioned thereby. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by HARBOR TRANSIT that the contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the contractor, HARBOR TRANSIT, after setting up a new delivery or performance schedule, may allow the contractor to continue work, or treat the termination as a termination for convenience.
HARBOR TRANSIT may terminate the contract or purchase order, in whole or in part, at any time by written notice to the contractor when it is in HARBOR TRANSIT’s best interest. The contractor shall be paid its costs, including contract close-out costs, and profit (on a pro rata basis) on work performed up to the time of termination. The contractor shall promptly submit its termination claim to HARBOR TRANSIT to be paid the contractor. If the contractor has any property in its possession belonging to HARBOR TRANSIT, the contractor will account for the same, and dispose of it in the manner HARBOR TRANSIT directs. HARBOR TRANSIT may terminate the contract or purchase order, without further liability, by giving the contractor written notice of such cancellation thirty (30) days prior to the date of cancellation.