****************** REQUEST NO B1400012 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: NOVEMBER 15TH, 2013 PAGES 1 – 6 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 – 6 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 6. I. NOTICE TO BIDDERS: A. The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, “Weld County”), wishes to purchase the following: 50 TON HYDRAULIC DETACHABLE GOOSENECK REAR LOAD TRAILER – QTY 1 PUBLIC WORKS DEPT (Bridge Div) B. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Tuesday, January 7. 2014 at 10:00 a.m. (Weld County Purchasing Time Clock) II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. D. Pre-Bid Conference: Wednesday, December 11th, 2013 at 9:30 AM at the Weld County Administration Building/Event Center located at 1150 O Street, Greeley CO 80631. E. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. All formal bids for Weld County Government will go through Rocky Mnt E-Purchasing in the future. Emailed bids are preferred, but bids may also be mailed or faxed. Bids may be emailed to: mwalters@co.weld.co.us or reverett@co.weld.co.us. An email confirmation will be sent when we receive your bid/proposal; also, if more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. If mailed, bids should be sent in a sealed envelope with the bid title and bid number on it. Bids may be faxed to 970-336-7226 attention Purchasing. The vendor must include the following statement on the facsimile, “I hereby waive my right to a sealed bid” #B1400012 1 III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for opening. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders’ risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. I. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. #B1400012 2 K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing and signed by Weld County's Director of General Services. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5103(3), if the successful bidder receives federal or state funds under the contract, the successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. Q. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. #B1400012 3 R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to “Weld County, Colorado,” not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and “CONFIDENTIAL.” Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Pre-delivery Service: Office equipment is to be delivered, as directed, unpacked, assembled, cleaned and adjusted for immediate use at a location designated by the Weld County Director of General Services. Motor vehicles and other items of equipment shall be ready for immediate use at the time of delivery to a designated location. The equipment shall be clean and all instruments properly adjusted. The inflation of tires must be checked, lubrication completed, the crank case checked for proper oil level, and any other servicing normally provided by dealers shall be performed. Operating and maintenance manuals shall be provided at the time of delivery. Parts and price lists shall be included #B1400012 4 when special equipment is purchased or when requested by Weld County. C. Acknowledgment and Delivery Schedule of Initial Order: Time is of the essence. A delivery schedule of not more than _____ calendar days after receipt of the order shall be deemed reasonable and serve the best interests of Weld County. Proposals exceeding this schedule may be rejected. Delivery will be made on or before _______________. The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled. D. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The successful bidder shall further warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. E. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. F. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. G. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. H. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. I. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers’ compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or #B1400012 5 implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers’ compensation and unemployment compensation insurance matters: (a) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. J. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. K. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. L. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. M. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. N. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. O. Disadvantaged Business Enterprises. Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. #B1400012 6 SPECIFICATIONS FOR 50 TON HYDRAULIC DETACHABLE GOOSENECK REAR LOAD TRAILER DEPARTMENT: PUBLIC WORKS (Bridge) ESTIMATED QUANTITY: (1) Intended Purpose: This vehicle will be used in road and bridge maintenance and construction to transport rubber tire and steel wheel rollers, excavators, loaders, and any other numerous similar vehicles equipment used in the road and bridge industry. MINIMUM COUNTY SPECIFICATIONS SPECIFICATIONS TO BE COMPLETED BY BIDDER Overall length – not more than 60’ in transport mode ______________________________ 2. Main deck length – not less than 26’ ______________________________ 3. Deck width – 102” overall ______________________________ 4. Axles – two 25,000 lb. axles ______________________________ 5. Tires – 255/70R 22.5 16 ply radial (H) ______________________________ 6. Suspension - Air ride ______________________________ 7. Wheel wells – drive over wheel covers ______________________________ 8. Gooseneck – hydraulic detachable ______________________________ 9. Hydraulic power to be supplied by tractor ______________________________ 10. Transport lock and safety pin ______________________________ 11. Outriggers – I beam style swing out ______________________________ 12. D-rings – at least 6 each side main deck, 1 each side between all 3 axles at outside edge of trailer, 1 each side on beaver tail ______________________________ 13. King pin – 1 setting ______________________________ 14. Swing clearance – 102”- 80” ______________________________ 15. Frame – 4 beam main frame, front taper I beam cross members 3” I beams on 12” centers ______________________________ Decking – Apitong, full main and rear deck cover ______________________________ 1. 16. #B1400012 7 SPECIFICATIONS FOR 50 TON HYDRAULIC DETACHABLE GOOSENECK REAR LOAD TRAILER DEPARTMENT: PUBLIC WORKS (Bridge) ESTIMATED QUANTITY: (1) MINIMUM COUNTY SPECIFICATIONS SPECIFICATIONS TO BE COMPLETED BY BIDDER 17. Loading requirements: Rear loading- Hydrraulic power sliding axles, deck sufficient to allow steel wheel and pneumatic rollers and any other equipment rated at the weight carrying capacity of the trailer to be loaded over the rear ramp(s), 16 degree angle (max). Front access panel easy access for connecting hydraulic. ______________________________ 18. Air and electric lines ______________________________ 19. 5th wheel height – 48”-52” maximum ______________________________ 20. LED lights – DOT compliant, mid frame turn indicator/clearance light, sealed rubber mounted, sealed harness, 7-pole electric socket ______________________________ 21. Amber strobes in tailboard ______________________________ 22. Four corner fixed flag holders ______________________________ 23. Color – manufacturers standard production white or black ______________________________ Vehicle must be delivered complete with mud flaps, conspicuity markings, and ready to operate ______________________________ 24. Specifications to include all standard equipment as listed in manufacturer’s specifications, parts manual, and statement of warranty. Weld County will be using the following criteria for evaluating all bids: Bid price, Delivery Date, Dealer Service, Parts Availability, and Manufacturer Warranty. Bidder must notify Purchasing Director of any irregularities no later than five (5) days before bid opening. Any bids received without blanks being completed will not be considered. Bidder must notify Director of General Services of any irregularities or any inability to meet the suggested minimum specifications no later than five days before bid opening. Any bids received without blanks being completed in detail will not be considered. Title work must accompany invoice upon receipt of equipment. All vehicles will be delivered to Weld County Motor Pool, 1399 N 17th Avenue, Greeley CO 80631. Title to be made out to: Weld County, Colorado, 1150 “O” Street, Greeley CO 80631. All invoices need to be addressed to Weld County, Colorado, Accounting Attn: Barb Connolly, 1150 “O” Street – Room 107, Greeley CO 80631 for payment. #B1400012 8 PRICING YEAR, MAKE, MODEL __________________________ PRICE EACH $__________________________ ESTIMATED QUANTITY (1) $__________________________ TOTAL---------------------------------------$__________________________ YOUR BID MEETS OUR SPECS? YES___NO___ DELIVERY DATE: ______________________________ IF YOU HAVE ANY QUESTIONS PLEASE CALL PURCHASING AT 970-356-4000 x4222 or x4223. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1400012. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM ___________________________________________ BY __________________________________ (Please print) BUSINESS ADDRESS ____________________________________________________ DATE __________________ CITY, STATE, ZIP CODE _________________________________________________________________ TELEPHONE NO ___________________ FAX ______________________ TAX ID # _________________ SIGNATURE ________________________________ E-MAIL ___________________________________ WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 – 6. If you submit your bid per email, we will reply back a confirmation when received. reverett@co.weld.co.us or mwalters@co.weld.co.us #B1400012 9