NOTICE INVITING BIDS FOR PURCHASE AND REMOVAL OF SURPLUS PASSENGER CARS/RAIL EQUIPMENT

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Constance Reed
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1 NOTICE INVITING BIDS FOR PURCHASE AND REMOVAL OF SURPLUS PASSENGER CARS/RAIL EQUIPMENT Notice is hereby given that sealed bids for Purchase and Removal of Surplus Passenger Cars as described herein will be received by the Executive Director of the North Coast Railroad Authority ("NCRA") until the time of Proposal Opening, at which time the proposals so received will be publicly opened and read aloud. Proposal Opening will be held at: 419 Talmage Road, Suite M Ukiah, Ca on Wednesday, May 25, 2011 at 3:00 p.m. PROPOSALS RECEIVED AFTER THIS TIME AND DATE WILL NOT BE ACCEPTED OR CONSIDERED. Contract Documents specifying the requirements for purchase and removal of the equipment, the terms of the Contract and the details of the bidding procedure may be secured from the EXECUTIVE DIRECTOR of NCRA at the address above. All inquiries concerning the Technical Specifications, Contract Documents, Bid Procedure and Legal Requirements must be communicated in writing to the undersigned by U.S. or express mail to NCRA, 419 Talmage Road, Suite M, Ukiah, CA 95482; by fax to (707) or by to ncra.mstogner@sbcglobal.net. All proposals must be submitted on standard proposal forms provided by NCRA. The bidder shall provide the original (unbound) and 11 copies of the bid. Fax copies of bids will not be allowed. NCRA reserves the right to reject any or all bids. NCRA Mitch Stogner Executive Director (707)

2 NOTE If a potential bidder/proposer received this solicitation document through some means other than from NCRA (including from the NCRA Internet web site), it is the responsibility of the potential bidder to advise the NCRA of its intention to submit a bid so that any addenda or other correspondence related to this solicitation will be sent to the potential bidder/proposer. Transmittal of this information must be in writing, by U.S. Mail, fax, or . Transmittal of this information via telephone is not acceptable. Please submit bids on enclosed bid form only. Forward to: NCRA Mitch Stogner 419 Talmage Road, Ste M Ukiah, Ca It is highly recommended that all bids be hand delivered. If mailing, The envelope is to be clearly marked on the outside with the following notation: Bid on Railroad Passenger Cars/Rail Equipment opening at NCRA s office, on Wednesday, May 25, 2011 at 3:00 p.m.. Bids will NOT be considered unless: 1. Original documents are received. 2. Bid proposal is signed. 3. Signatures are legible - No initials. 4. $ Non- Refundable Deposit (Deposit of winning bidder shall go toward the purchase price). 2

3 Bid RAILROAD PASSENGER CARS To: NCRA Date Mitch Stogner, Executive Officer The undersigned (Corporate Name of Bidder) agrees to purchase from NCRA, California, at the prices bid below, in accordance with the General and Special Conditions on file in the office of NCRA, a copy of which is attached hereto and is made a part of this bid: Item Quantity Location Bid Price Car # 544 Mendocino 1 Scotia $ Car # 546 Humboldt 1 Scotia $ Car # Sonoma 1 Scotia $ Car # 151 Hidden Lake Ranch 1 Asti $ Car # 510 Tuolumne 1 Healdsburg $ Car # 660 Hercules Steam Generator 1 Willits $ Car # 1016 Gallery Car 1 Willits $ Car # 1023 Gallery Car 1 Willits $ Car # 1210 Power Baggage 1 Willits $ TOTAL BID $ TOTAL BID $ Earliest equipment removal date after date of bid opening (Latest removal date acceptable is July 31, 2011) The prices bid shall include total bid price for passenger car purchase. The Bidder hereby acknowledges that Addenda Nos. to this bid have been received, if any (Bidder insert Addendum No. of each Addendum received). Bidder understands failure to acknowledge any addenda issued may cause the bid to be considered nonresponsive. Bidder may contact NCRA to confirm the number of addenda (if any) that have been sent. 3

4 It is understood that this bid shall remain open and shall not be withdrawn for a period of thirty (30) days from the date prescribed for the opening of the bid. It is further agreed that the passenger cars will be removed from premises by July 31, 2011or a penalty of $500 per day will be due and payable monthly from purchaser. It is understood that security of stored passenger cars is the responsibility of the purchaser. If passenger cars are damaged due to purchaser s inability to secure the cars NCRA will request that the cars be removed within thirty days of complaint. NCRA has arranged for three inspection dates. Upon receipt of non-refundable fee of $500.00, a reservation for supervised inspection can be made. Please contact Heather Lindsteadt at to begin the registration process. Respectfully submitted, (Mailing Address) (City, State & Zip) / (Telephone / Fax) (Corporate Name of Bidder) By: (Signature) (Print Name & Title) 4

5 Introduction Mission The Mission of the North Coast Railroad Authority is to provide a unified & revitalized rail infrastructure meeting the freight and passenger needs of Northwestern California; a first class service working in partnership with others to build and sustain the economy of the region. History The North Coast Railroad Authority (NCRA) was formed in 1989 by the California Legislature under the North Coast Railroad Authority Act, Government Code Sections 93000, et seq. The Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a vital part of the State that suffers from restricted access and limited transport options. In 1992, the State purchased the railroad line from Willits north. In 1995, a separate transaction added the railroad line from Healdsburg north to the NCRA's holdings and provided for a joint powers authority, the Northwestern Sonoma Marin Area Regional Transit (SMART) to own the right of way from Healdsburg south to Schellville in Sonoma County, where the railroad then feeds a 12-mile shortline through Napa County which connects to the Union Pacific mainline at Fairfield-Suisun in Solano County. Commitment of Bidders By submitting a proposal, the signers are acknowledging that they have read and understand the terms of the proposal and commit to meeting the equipment removal schedule outlined elsewhere in this contract. 5

6 GENERAL CONDITIONS 1. DEFINITIONS: 2. BIDS: In these specifications the word "NCRA," means North Coast Railroad Authority. The term "Bidder," means the person, firm, or corporation submitting a bid on purchase and removal of passenger cars as listed. The term "Contractor," means the person, firm, or corporation with whom the Contract is made by said NCRA, or the agent or legal representative who may be appointed to represent such party, firm, or corporation in the execution of this Contract. Bids, to receive consideration, shall be made in accordance with the following instructions: (a) Bid must be for ALL cars listed in the Bid form and bid shall be separated as follows: Group # 1 Car Numbers , 1023, 1210 Group # 2 Car Numbers - 660, 151, 510, 542, 544, 546 (b)bids shall be made as indicated on the forms contained in the documents attached hereto and entitled "BID," properly executed in ink, with all blank spaces filled in. The signatures of all persons signing the bid shall be in longhand. The original completed Bid Form shall be without alterations or erasures. Additional information may be submitted by the bidder on a separate sheet. (c)before submitting a bid, bidders should inform themselves completely as to all existing conditions and limitations. The bid shall include the purchase price of one or all passenger car/s. (d)each bid, along with 11 copies of bid, shall be enclosed in a sealed envelope addressed to NCRA, Attention Mitch Stogner, 419 Talmage Road, Suite M, Ukiah, Ca The outside of the envelope shall be plainly marked with Bidder's name and address and Bid on Railroad Passenger Cars/Rail Equipment opening at NCRA s office, on Wednesday, May 25, 2011 at 3:00 p.m.. (e)all bids received after the scheduled closing time for receipt of bids shall NOT be accepted or considered and shall be returned to the bidder unopened. 3. WITHDRAWAL OF BID: Any bidder may withdraw his bid, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. 4. INTERPRETATION: If a prospective bidder is in doubt as to the true meaning of any part of the "Notice Inviting Bids," "General Conditions," or the "Specifications," or finds 6

7 discrepancies in or omissions in the same, he may submit to NCRA a written request for an interpretation or a correction thereof. Any interpretations or corrections of the proposed documents will be made only by addendum mailed or delivered to each person receiving a set of such documents. Such addendum shall be considered as part of the Contract. 5. AWARD OF CONTRACT OR REJECTION OF BIDS: The Contract will be awarded within thirty (30) calendar days after the opening of bids. NCRA, however, reserves the right: (1) to award bids received on the basis of individual items, or groups of items, or on the entire list of items; (2) to reject any or all bids, or any part thereof; (3) to waive any informality in bids; and (4) to accept the bid that is in the best interest of NCRA. NCRA s decision shall be final. 6. BIDDER REVIEW AND PROTEST PROCEDURES The following procedures shall be used by Bidders seeking review of the Contract Documents or the Contract process: (a) General. A Bidder may discuss the Contract Documents with NCRA. Such discussions do not, however, relieve Bidders from the responsibility of submitting written, documented requests as required by these procedures. Bidder requests and protests shall be addressed to the Executive Director, North Coast Railroad Authority, 419 Talmage Rd., Suite M, Ukiah, CA NCRA will decide the merits of the request or protest and render a determination. The protest resolution record will be provided to the protesting Bidder upon request. (b) Pre Bid Opening Protests. Prior to bid opening, a bidder may submit to NCRA protests regarding the procurement process or on items in the Contract Documents. Any such protest shall be received by NCRA, in writing, not less than 7 working days before the date of scheduled Bid Opening. Any protest shall be fully supported with technical data, test results, or other pertinent information as evidence that the protest should be upheld. NCRA will make a determination of each Bidder protest. That written determination will be mailed or otherwise furnished to the Bidder. (c) Post Bid Opening Protest. Protests based upon alleged improprieties in the procurement or the procurement process which can only be apparent after Bid Opening or the closing date for receipt of additional post Bid Opening documentation shall be filed no later than three working days following the issuance of a Notice of Recommended Award. Protests shall contain a statement of the grounds for protests and supporting documentation. Final NCRA decision on the protest will be mailed or otherwise furnished to bidder prior to award of the contract. 7. ASSIGNMENT OF CONTRACT: No assignment by the Purchaser of any contract to be entered into hereunder or any part thereof, or of funds to be received hereunder by the Contract, will be 7

8 recognized by NCRA unless such assignment has had the prior approval of the said NCRA. 8. REMOVAL, EXTENSIONS OF TIME: Applications for extension of time beyond guaranteed removal time shall be made in writing to NCRA not less than seven (7) calendar days from the beginning of any condition that will cause delay. Allowances may be made for delay of removal due to any causes clearly beyond the control of the Contractor. 9. BIDDER SPECIFICATIONS: Each Bidder must attach to his bid, purchase price, removal date, removal method, any permits that may be required for removal of passenger cars. Bidder acknowledges that passenger cars may be contaminated with asbestos, fluids, and other toxic substances and will make NCRA aware of how bidder plans to safely remove passenger cars. It is the sole responsibility of the purchaser to remove cars and contents in whole, as-is, with no disassembly occurring on NCRA property. 10. ERRORS AND OMISSIONS: The Bidder will not be allowed to take advantage of any error or omission in the Specifications or in the "Bidder s Specifications." Full instructions will always be given when such error or omission is discovered. 11. DEVIATIONS: If there are any deviations from the specifications set forth herein, the bidder shall note the deviations in his bid. Failure to note a deviation from the specifications may be grounds for rejection by NCRA of that particular bid. 12. PAYMENT TERMS: Payment will be required 10 days after NCRA and Bidder acceptance of Contract. 13. MATERIALS, WORKMANSHIP, AND DESIGN: All work must be done and completed in a thorough, workmanlike manner by mechanics skilled in their various trades, notwithstanding any omission from the Specifications. The Bidder shall be held to guarantee all material, apparatus, and equipment to fulfill all requirements and special guarantees set forth in the Specifications. 14. PREPARATION FOR SHIPMENT: The successful bidder shall prepare passenger cars and materials for removal and transport off of NCRA property in such a manner as to protect them from 8

9 damage in transit and as directed in the Special Conditions section of this document, NCRA shall not be held responsible if the passenger cars are damaged during removal or transport off of NCRA property. It is the sole responsibility of the purchaser to remove cars and contents in whole, as-is, with no disassembly occurring on NCRA property. 15. FAILURE TO MEET REQUIREMENTS OF SPECIFICATIONS AND GUARANTEES: All expenses of removal, or alteration to passenger cars, shall be borne by the successful bidder. 16. TERMINATION OF CONTRACT: NCRA may, by giving ten- (10) calendar days written notice to the Bidder to, terminate this contract prior to the designated completion date FOR DUE CAUSE. Due cause for termination shall be, but not limited to, the best interests of NCRA, failure of the bidder to remove purchased equipment, and failure of successful bidder to compensate NCRA for purchase of equipment. NCRA may, upon giving thirty- (30) calendar days written notice to successful bidder, terminate the contract with or without cause. Upon termination or other expiration of the contract, each party will assist the other party in orderly termination of the contract and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party. 17. HOLD HARMLESS: Bidder hereby agrees to protect, defend, indemnify and hold harmless, NCRA, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, penalties, fines, defense costs, and consequential damage and liability of any kind of nature, however caused, arising directly or indirectly out of the obligations or operations herein undertaken by Bidder, caused in whole or in part by any act or omission of the Bidder, any subcontractors, any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence or willful misconduct of NCRA. Bidder will conduct all defense at its sole cost and expense and NCRA shall have right to approve or disapprove Bidders legal counsel. NCRA shall be reimbursed for all costs and attorney s fees incurred by NCRA in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Vendor. 18. APPLICABLE LAW AND JURISDICTION This Contract incorporates provisions required by the laws of the State of California and the Federal Government. It shall be Contractor's responsibility to determine the applicability of State and Federal laws, rules and regulations to the work to be performed under this Contract. 9

10 California law shall govern this Contract. Any lawsuit or legal action arising from this Contract shall be commenced and prosecuted in the courts of Mendocino County, California. 19. PROHIBITED INTERESTS No NCRA board member, officer, employee, or agent shall have any direct or indirect interest in this Contract or its proceeds during or within one year after, that person's tenure with NCRA. 10

11 OVERVIEW SPECIAL CONDITIONS North Coast Railroad Authority has passenger cars that are currently located in Willits, Ca, Scotia, Ca, Healdsburg, Ca and Asti, Ca and are in varying condition. It is the responsibility of the Bidder to contact NCRA and request additional information pertaining to the passenger cars listed. Any Bidder interested in viewing the passenger cars should attend this site visit should contact NCRA to register for a site visit. Purchaser is solely responsible for removal of passenger cars no later than July 31, It is the sole responsibility of the purchaser to remove cars and contents in whole, as-is, with no disassembly occurring on NCRA property. Removal of passenger cars are required to be done in an environmentally sound manner and in accordance with all State and Federal rules, regulations and laws. NCRA is not liable for any damage caused to the passenger cars, or the land under the cars after purchase, and during removal. It is the responsibility of the purchaser to have all of the necessary permits for removal of the passenger cars. Please note section 9 Bidder Specifications. NCRA requires a Certificate of Liability insurance naming NCRA as additionally insured for the amount of $1,000,000 for the duration of the contract. 11

12 Item Quantity Location Bid Price Car # 544 Mendocino 1 Scotia $ Additional Notes Car # 546 Humboldt 1 Scotia $ Additional Notes Car # Sonoma 1 Scotia $ Additional Notes Car # 151 Hidden Lake Ranch 1 Asti $ Additional Notes Car # 510 Tuolumne 1 Healdsburg $ Additional Notes Car # 660 Hercules Power 1 Willits $ Additional Notes Car # 1016 Gallery Car 1 Willits $ Additional Notes Car # 1023 Gallery Car 1 Willits $ Additional Notes Car # 1210 Power Baggage 1 Willits $ Additional Notes TOTAL BID $ 12

ABC UNIFIED SCHOOL DISTRICT Notice Calling for Bids ABC-1325 E-Rate Equipment INSTRUCTIONS FOR BIDDERS

ABC UNIFIED SCHOOL DISTRICT Notice Calling for Bids ABC-1325 E-Rate Equipment INSTRUCTIONS FOR BIDDERS 1. PREPARATION OF BID FORM: The District invites proposals on the form(s) enclosed to be submitted