IFB 18-920 Trailer Mounted Generator

Agency: City of Tulsa
State: Oklahoma
Type of Government: State & Local
Caegory:
  • 61 - Electric Wire, and Power and Distribution Equipment
Posted Date: Mar 8, 2018
Due Date: Mar 28, 2018
Solicitation No: IFB 18-920
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Contact information: Please Login to View Page
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bid # Response Deadline Description
IFB 18-920 (0) 3/28/2018 Trailer Mounted Generator

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Invitation For Bid 18-920
Trailer Mounted Generator
Water & Sewer Department
Issued: March 8, 2018
City of Tulsa,
Oklahoma
Page 1 of 26
NOTICE is hereby given that the CITY OF TULSA, OKLAHOMA will receive sealed Bids for the following:
BID # IFB 18-920
DESCRIPTION: Trailer Mounted Generator
(Commodity Code(s):285-39)
You are invited to submit a Bid to supply the Goods and/or Services specified above. Invitations for Bid (IFB) will be
posted on the City’s website at www.cityoftulsapurchasing.org or a hardcopy may be obtained at:
City of Tulsa-Purchasing Division
175 East 2nd Street, Suite 865
Tulsa Oklahoma 74103
Bids must be received no later than 5:00 PM (CST) on Wednesday, March 28, 2018, and delivered to:
City Clerk’s Office
175 East 2nd Street, Suite 260
Tulsa Oklahoma 74103
Bids must be sealed and either mailed or delivered. No faxed or emailed Bids will be considered. Bids received after the
stated date and time will not be accepted and will be returned to the Bidder unopened.
The Bid Packet consists of (1) this Notice of Invitation for Bid, (2) the Summary Sheet, (3) Form #1, (4) Form #2, (5) Form
#3, (6) Form #4, (7) Form #5, (8) Form #6, (9) the Instructions, Terms and Conditions for Bidders, (10) Special
Requirements, (11) Technical Specifications and (12) Exhibit A.
Use this checklist to ensure you have properly read and completed all Forms.
_____ Notice of Invitation for Bid
_____ Summary Sheet
_____ Form #1: Bidder Information Sheet. Must be completed.
_____ Form #2: Purchase Agreement. Complete legal name in first paragraph and Notice provision in Section 17.i.
Original signature required.
_____ Form #3: Interest Affidavit. Original signature and notarization required.
_____ Form #4: Non-Collusion Affidavit. Original signature and notarization required.
_____ Form #5: Affidavit of Claimant. Original signature and notarization required.
_____ Form #6: Acknowledgment of Receipt of Addenda/Amendments. Must be completed and signed.
_____ Instructions, Terms and Conditions for Bidders
_____ Special Requirements (Offer Period; Insurance and Bonding; References)
_____ Technical Specifications
_____ Exhibit A: Bid Form including Delivery and Pricing. This is your Bid. It must be completed or your Bid will be
rejected.
IMPORTANT NOTE: Write the Bid Number, Bid Description (as listed above), and Bid Opening Date on the lower
left corner of the outside of your Bid envelope. You must return the entire completed Bid Packet.
2-7-17
Invitation For Bid 18-920
Trailer Mounted Generator
Water & Sewer Department
Issued: March 8, 2018
SUMMARY SHEET
City of Tulsa,
Oklahoma
Page 2 of 26
Project Buyer
If you have any questions or need additional information, contact the assigned Project Buyer:
Patricia Cummings, CPPB
pcummings@cityoftulsa.org
Include IFB 18-920 on the subject line
Bidder’s Notice of Intent to Submit a Bid
Email the Project Buyer indicating your intent to Bid. Include IFB 18-920 on the subject line of the email. You will
receive an email response verifying your notice of intent to bid was received. This same procedure should be
followed to request clarification, in writing, of any point in the IFB. Bidders are encouraged to contact the Project
Buyer by email if there is anything in these specifications that prevents you from submitting a Bid, or completing
the Bid Packet.
Questions and concerns must be received no later than ten (10) days prior to the Bid Packet due date.
Issuing of Addenda
If you received the notice of this IFB from the City as a result of being registered to sell the commodity code(s) on
this Bid, you should also receive notice of any addenda issued. If you are not registered with the City to sell the
commodities listed herein, you must register as a supplier on the City of Tulsa Purchasing website
(www.cityoftulsapurchasing.org) to receive notice of any addenda, or to receive notice of any future IFBs.
Pre-Bid Conference
If a pre-Bid conference will be held for this IFB, information on that conference will be inserted below:
Date____________ Time____________
Location___________________________________________________________________________________
___Attendance at the Pre-Bid Conference is required to submit a Bid; however Bidders may make arrangements
to attend via teleconference in some cases (contact the Project Buyer for details).
___Attendance is not required to submit a Bid.
Bid Packet Submission
The City requires two completed Bid packets: 1 Original and 1 Copy. Each must be clearly labeled on the front
sheet indicating “Original” or “Copy”. If a copy on electronic media is also required, the line below will be checked.
___Electronic Copy also required.
Responses to this Invitation for Bid must be made on the forms listed on page 1. The entire completed Bid
Packet must be returned or your Bid may be rejected. Do not take exception to any portion of this Bid Packet. Do
not make any entries except where required. Do not insert any other documents into the Bid Packet.
Bid Opening
All Bid openings are public and take place at 8:30 a.m. Thursday, the day after Bids are due. The Bid openings
are held in the City of Tulsa Council Meeting Room, 175 East 2nd Street, 2nd Floor, Tulsa, Oklahoma.
2-7-17
Invitation For Bid 18-920
Trailer Mounted Generator
Water & Sewer Department
Issued: March 8, 2018
FORM #1
BIDDER INFORMATION SHEET
City of Tulsa,
Oklahoma
Page 3 of 26
Bidder’s Exact Legal Name:
_____
(Must be Bidder’s company name as reflected on its organizational documents, filed with the state in which bidder is organized; not simply a DBA)
State of Organization: _____________________________________________________________________________
Bidder’s Type of Legal Entity: (check one)
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
( ) Limited Partnership
( ) Limited Liability Company
( ) Limited Liability Partnership
( ) Other:
Bidder’s Address:
Street
Bidder’s Website Address:
City
Email Address:
State
Zip Code
Sales Contact:
Name:
Street:
City:
State:
Phone:
Fax:
Email:
Legal or Alternate Sales Contact:
Name:
Street:
City:
State:
Phone:
Fax:
Email:
2-7-17
Invitation For Bid 18-920
Trailer Mounted Generator
Water & Sewer Department
Issued: March 8, 2018
City of Tulsa,
Oklahoma
Page 4 of 26
FORM #2 (Page 1 of 4)
PURCHASE AGREEMENT
INSTRUCTIONS: This document must be properly signed and returned or your Bid will be rejected. This form constitutes your offer and if accepted by
the City of Tulsa will constitute the Purchase Agreement under which you are obligated to perform. Your signature on this document indicates you have
read and understand these terms and agree to be bound by them.
THIS PURCHASE AGREEMENT is between the CITY OF TULSA, OKLAHOMA, a municipal corporation, 175 East 2nd Street, Tulsa,
Oklahoma, 74103-3827 (the “City”) and:
_______________________________________________________________________________________________
(Bidder’s company name as reflected on its organizational documents, filed with the state in which bidder is organized; not simply a DBA) (the “Seller”).
WITNESSETH:
WHEREAS, the City has approved certain specifications and advertised for or solicited Bids on the following goods or services:
IFB 18-920; Trailer Mounted Generator
(the “Goods and/or Services”); and
WHEREAS, Seller desires to provide such Goods and/or Services to City, acknowledges that this document constitutes Seller’s offer to
provide the Goods and/or Services specified below, and further acknowledges that if executed by the City’s Mayor, this document will become the
Purchase Agreement for such Goods and/or Services.
NOW, THEREFORE, for and in consideration of the terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows:
1.
Documents Comprising the Agreement. The Bid Packet includes the Notice of Invitation to Bid, the Summary Sheet, Form #1, Form
#2, Form #3, Form #4, Form #5, Form #6, the Instructions, Terms and Conditions for Bidders, the Special Requirements, the Technical
Specifications, Exhibit A and any addenda or amendments to the Bid Packet. The Bid Packet is incorporated herein by this reference. In
the event of conflicting or ambiguous language between this Purchase Agreement and any of the other Bid Packet documents, the parties
shall be governed first according to this Purchase Agreement and second according to the remainder of the documents included in the Bid
Packet. Seller may submit as part of its Bid additional materials or information to support the Bid. Additional materials or information
submitted by Seller which are not ambiguous and which do not conflict with this Purchase Agreement or the other Bid Packet documents
are incorporated herein by this reference.
2.
Purchase and Sale. Seller agrees to sell City the Goods and/or Services for the price and upon the delivery terms set forth in Exhibit A
hereto. City agrees to pay Seller the price as set forth in Exhibit A based on (a) the quantity actually purchased in the case of goods or
services priced by unit, or (b) the total price for a stated quantity of goods or services, upon (i) delivery of the Goods and/or Services to the
City, (ii) the City’s Acceptance thereof, and (iii) Seller’s submission and City’s approval of a verified claim for the amount due. City shall
not pay any late charges or fees.
3.
Irrevocable Offer. Seller understands and acknowledges that its signature on this Agreement constitutes an irrevocable offer to provide
the Goods and/or Services. There is no contract unless and until City’s Mayor/Mayor Pro Tem executes this Agreement accepting Seller’s
Bid. No City officer, employee or agent except the Mayor (or Mayor Pro Tem) has the authority to award contracts or legally obligate the
City to any contract. Seller shall not provide any Goods and/or Services to City pursuant to this Agreement before this Agreement is
executed by City. If Seller provides any Goods and/or Services to City pursuant to this Agreement before this Agreement is executed by
City, such Goods and/or Services are provided at Seller’s risk and City shall have no obligation to pay for any such Goods and/or Services.
4.
Term. The term of this Agreement shall be effective commencing on the date of execution of this Agreement by the Mayor/Mayor Pro
Tem of the City of Tulsa and terminating one year from that date. City in its sole discretion may offer Seller an opportunity to renew this
Agreement for an additional ___ (_) one (1) year term(s). Seller understands and acknowledges that any future contracts or renewals are
neither automatic nor implied by this Agreement. The continuing purchase by City of the Goods and/or Services set forth in this
Agreement is subject to City’s needs and to City’s annual appropriation of sufficient funds in City’s fiscal year (July 1st to June 30th) in
which such Goods and/or Services are purchased. In the event City does not appropriate or budget sufficient funds to perform this
Agreement, this Agreement shall be null and void without further action by City.
5.
Warranties. Seller shall assure that the Goods and/or Services purchased hereunder are covered by all available and applicable
manufacturers’ warranties for such Goods and/or Services. Seller expressly agrees that it will be responsible for performing all warranty
obligations set forth in the Technical Specifications for the Goods and/or Services covered in this Agreement. Seller also warrants that the
Goods and/or Services will conform to the Technical Specifications and Special Requirements, and further warrants that the Goods and/or
Services shall be of good materials and workmanship and free from defects for either a minimum of one (1) year from the date of
Acceptance or installation by City, whichever is later, or as specified in the Technical Specifications, whichever is later. In no event
shall Seller be allowed to disclaim or otherwise limit the express warranties set forth herein.
6.
Warranty Remedies. City shall notify Seller if any of the Goods and/or Services fails to meet the warranties set forth above, and Seller
shall promptly correct, repair or replace such Goods and/or Services at Seller’s sole expense. Notwithstanding the foregoing, if such
Goods and/or Services shall be determined by City to be defective or non-conforming within the first thirty (30) days after the date of
Acceptance by City, then City at its option shall be entitled to a complete refund of the purchase price and, in the case of Goods, shall
promptly return such Goods to Seller. Seller shall pay all expenses related to the return of such Goods to Seller.
2-7-17
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2-7-17
Invitation For Bid 18-920
Trailer Mounted Generator
Water & Sewer Department
Issued: March 8, 2018
FORM #2 (Page 2 of 4)
PURCHASE AGREEMENT
City of Tulsa,
Oklahoma
Page 5 of 26
Seller Bears Risk. The risk of loss or damage shall be borne by Seller at all times until the Acceptance of the Goods or Services by City.
No Indemnification by City. Seller understands and acknowledges that City is a municipal corporation that is funded by its taxpayers to
operate for the benefit of its citizens. Accordingly, and pursuant to Oklahoma law, City shall not indemnify nor hold Seller harmless for
loss, damage, expense or liability arising from or related to this Agreement, including any attorneys’ fees and costs. In addition, Seller
shall not limit its liability to City for actual loss or direct damages for any claim based on a material breach of this Agreement and the
documents incorporated herein. City reserves the right to pursue all legal and equitable remedies to which it may be entitled.
Indemnification by Seller. Seller agrees to indemnify, defend, and save harmless City and its officers, employees and agents from all
suits and actions of any nature brought against them due to the use of patented appliances, products or processes provided by Seller
hereunder. Seller shall pay all royalties and charges incident to such patents.
No Insurance by City. If City is leasing Goods herein, City shall not be required to obtain insurance for Seller’s property. Seller shall be
solely responsible for any insurance it deems necessary. City is self-insured for its own negligence, subject to the limits of the
Governmental Tort Claims Act (51 O.S. § 151 et seq.).
No Confidentiality. Seller understands and acknowledges that City is subject to the Oklahoma Open Records Act (51 O.S. §24A.1 et
seq.) and therefore cannot assure the confidentiality of contract terms or other information provided by Seller pursuant to this Agreement
that would be inconsistent with City’s compliance with its statutory requirements thereunder.
Non-Responsive Bids. Seller understands and acknowledges that if it adds terms and conditions to its Bid that are different from the
terms set forth herein that its Bid may be rejected as non-responsive. Furthermore, if City accepts Seller’s Bid and awards a contract to
Seller based on such Bid, City shall not be bound to any exceptions, changes or additions made by Seller, and any terms and conditions
added by Seller which are not expressly agreed to by City in writing will be void and of no force and effect and the parties will be governed
according to the document precedence set forth in Section 1 above.
Compliance with Laws. Seller shall be responsible for complying with all applicable federal, state and local laws, regulations and
standards. Seller is responsible for any costs of such compliance. Seller certifies that it and all of its subcontractors to be used in the
performance of this Purchase Agreement are in compliance with 25 O.S. Sec. 1313 and participate in the Status Verification System. The
Status Verification System is defined in 25 O.S. Sec. 1312 and includes but is not limited to the free Employee Verification Program (E-
Verify) available at www.dhs.gov/E-Verify.
Termination. City, by written notice, may terminate this Agreement, in whole or in part, when such action is in the best interest of City. If
this Agreement is so terminated, City shall be liable only for payment for Goods accepted and Services rendered prior to the effective date
of termination. City’s right to terminate this Agreement is cumulative to any other rights and remedies provided by law or by this
Agreement.
Price Changes. The parties understand and agree that the variables in Seller’s cost of performance may fluctuate, but any change in
Seller’s cost of performance will not alter its obligations under this Agreement, nor excuse performance or delay on Seller’s part. If the IFB
provides that Seller may include a price escalation provision in its Bid, Seller’s price escalation provision will be evaluated by City as part
of Seller’s Bid price when awarding the Bid.
Right to Audit. The parties agree that Seller’s books, records, documents, accounting procedures, practices, price lists or any other items
related to the Goods and/or Services provided hereunder are subject to inspection, examination, and copying by City or its designees.
Seller is required to retain all records related to this Agreement for the duration of the term of this Agreement and a period of three years
following completion and/or termination of the Agreement. If an audit, litigation or other action involving such records begins before the
end of the three year period, the records shall be maintained for three years after the date that all issues arising out of the action are
resolved or until the end of the three year retention period, whichever is later.
Notice. Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if personally
delivered in writing or deposited in the United States mail, postage prepaid, to the addresses specified below.
i. To Seller:
To CITY:
With a copy to:
________________________________________________________
________________________________________________________
________________________________________________________
City Clerk
CITY OF TULSA, OKLAHOMA
175 E. 2nd Street, Suite 260
Tulsa, Oklahoma 74103
[title] [address]_____________________________________________
_________________________________________________________
Relationship of Parties. The Seller is, and shall remain at all times, an independent contractor with respect to activities and conduct
while engaged in the performance of services for the City under this Agreement. No employees, subcontractors or agents of the Seller
shall be deemed to be employees of the City for any purpose whatsoever, and none shall be eligible to participate in any benefit program
provided by the City for its employees. The Seller shall be solely responsible for the payment of all employee wages and salaries, taxes,
withholding

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