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Home My WebLink Aboutbocc.con.127.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMTTTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: /� 7- 2 O° f ORIGINATING DEPARTMENT/DIVISION: � /��° �/ �{,.-�m� � CONTACT PERSON: %�« � ��'S PROJECT NAME: �,S ti s�PF�f �-�� ❑ BOCC AGENDA ITEM (Requires BOCC Si�n�uiircl CHECK PROCUREMENT TYPE: PHONE #: 9a?d � S3 93 �AFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) ❑None ❑Informal ❑Formal Sole Source ❑Emergency ❑State Bid ❑ ❑Compliance with House Bills 06-1343 and 07-1073 (Under $10,000, Letters of Engagement, etc.) CHECK CONTRACT TYPE: DOLLAR AMOUNT: yy7, 76Z. �fl BUDGET LINE ITEM/LEDGER NUMBER: �i�`� ��d� 9SZ, �6 GSo ❑ Services/Maintenance ❑License/Use ❑Lease ❑Construction [�Goods, Equipment, Supplies ❑Other (e.g. revenue) CONTRACTOR/BUSINESS: Contract Execution Date: y-z-�s Automatic Renewal ❑Yes �]No I` (for county employees) ental Agreement 1 Rcyuire. 13O( (' .�c�i„n i AgreementsU:cyuirc,BOC(� lctnmi e Order/Contract Amendment Complete Legal of Name of Business Contract End Date: !Z//�- Term of Contract: y�.� ps wa rson �lar��+P.,7 �VII: ST�� All Contracts ould be proofed for the following: ✓ o Pages Missing ✓❑If a Page is Left [ntentionally Blank —Note on Page ✓ []�age numbered consecutively ✓ [�Cll Signatures Affixed ✓ [�ll Dates Filled In ✓ ❑Afil Other Blanks Filled In ✓ [�.ftt Exhibits Attached ✓❑HB 06-1343 and 07-1073 Legislation Included in RFP and/or Contract ✓ [�i �11 Legal Descriptions Attached (if appropriate) ✓�o ice of Award/Proceed Attached (if appropriate) ✓ [t ananty, if applicable ❑Special Instructions for Finance Department: ❑Sentto Clerk and Recorderfor Scanning/Archiving ❑Authorized Staff Person's Name: l3Y CHF,CIiING .V30VE ;AAD I?N7`GR11G NAME, "I'HI� AU'I'HORI/.I?D S'1':U� F PF:R501 IADI(':A7'I'.S "1'll.A'1"1'lil�:.��1°I� �('lil?D DOCI'��IGi�'T II.�S BGCN PROOFEU AVD RI?.aDl I�OR ti(',�NNI\G. NOTE: CLERK'S OFFICE W[LL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. AMENDED 04/O1/08 4�� Rev 7/l8/06dq/cs NOTICE OF AWARD Date: 04/02/08 TO: OJ Watson Equipment Company, 5335 Franklin Street, Denver CO, 80216 The Owner, having duly considered the Proposal submitted on 04/O1/08, for the work covered by the Contract Document titled High Sneed Runway Broom in the amount of $497,762.00, and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement within ten (10) consecutive days from and including the date of this Notice of Award. PITKIN COUNTY / � � By: 'Jl � � � Rich Willis, Fleet Manager, Pitkin County –____________—___–====ACCEPTANCE OF NOTICE__________ __________ Receipt of the above Notice of Award is hereby acknowledged B ` �- : this 7 `day of /.��% � , 2008. Title CONTRACT FOR THE PURCHASE OF GOODS Contract #127-2008 Budget line item #404.67.00952.86650 THIS CONTRACT is made and entered into this 2 day of April, 2008 , by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafrer "Buyer") and OJ Watson, 5335 Franklin St, Denver CO, 80216, (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: One new Oshkosh model HB2926 broom chassis with an attached M-B Runway Broom model 4600-FMD-HP3. SEE EXIHIBIT "A" 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the Buyer at the following place and time: Place: Pitkin County, Fleet Maintenance, 76 Service Center Rd, Aspen CO, 81611 Date and Time: October 10, 2008, 4:00 p.m. 3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the goods, Vendor shall bear any and all risk of loss of or damage to the goods. During such period, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of $150.00 per calendar day for each day or part of a day that goods are not delivered on the date 9, and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer shall have fourteen (14) days for inspection of goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents evidencing such ownership and title to the goods. The goods shall be delivered to Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, Buyer may reject goods. Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8. WARRANTY/REPAIRS: A. Deliverv of Warrantv. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendar. B. Terms of Warrantv and Repair. The Vendor hereby warrants that for a period of one (1) year on chassis, two (2) years on chassis engine, three (3) years on chassis transmission, one (1) year on M-B broom, one (1) year on broom drive engine after goods are accepted, Vendor wiil, at Vendor's own expense, without any cost to the Buyer, replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, wananty repairs are to be made in the field; however, in the event of major repairs, the goods may be transported to Vendor's facility at no cost to the Buyer. C. Extended Wananties. In addition to the above, the Buyer may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the Buyer any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended wananties, for which the Buyer may be eligible, which become available thereafrer. The Buyer is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to Buyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $497,762.00, but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer has tbe right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereoF. 5 u ll. BL71'ER'S REMEDIES UPON DEFAULT OF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the Buyer. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the Buyer and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the Buyer and Vendor. 16. EXEMPTIONS. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Pazagraph 13, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMiJNITY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occunence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., C.R.S., as from time to time amended, or otherwise available to Buyer or any of its officers, agents or employees. Further, nothing in this conri-act shall be construed or interpreted to require or provide for indemnification of the Vendor by the Buyer for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. C � 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County as Buyer. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional ar statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County with copies to: Rich Willis Pitkin County Attorney's Office 76 Service Center Road 530 E. Main Street, #302 Aspen CO 81611 Aspen, Colorado 81611 Fax:(970)920-5764 Fax:(970)920-5198 B. To Vendor: OJ Watson Equipment 5335 Franklin St Denver, CO 80216 IN WITNESS VJHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: PITKIN COUNTY COLORADO . � ' i/ By: .._� By_ —'�'� :u��. ,ii �` Richard W� lis, Fleet I,vlana� � �/`�4� Public ores Director BY: �` [ � �-�/ Hilary Fle c er, County Manager Page 1 of 5 Chassis H6292F✓ 164" WB Base FRAME EXIHIBIT "A" DETAILS OF PRODUCT OFFERING Carrier Chassis, Base Unit H-Series Attachment A 27024 H82926 Watson Printed a[ L27 PM 3/16/2008 556-556-020 Bumper, Straight at rear with LED stop/tail/tum lights Frame Extension at rear, 36 inch (Requires Straight Bumper with 550-556-036 lights at Rear) Hitch, Multi Purpose Style less hydraulics (Truck Portion, for 810-810-005 chassis only) 700-80Z-594 STANDARD 545-545-164 OPTION ENGINE, CHASSIS STANDARD 101-101-073 STANDARD STANDARD STANDARD Lubrication Data Plate Mudflaps, Behind Front Tires; In Front of and Behind Rear Tires Wheel Base, 164 inches Transfer case in raised position, compatible with underbody scraper Cooling System filter, Spin on, Chassis engine Engine Upgrade, Chassis C-13 470 HP (requires 23K Rear Axle) Ether Start; automatic, measured shot with thermostatic control Exhaust Shield, Stainless Steel Fan Clutch, Chassis Engine OPTION High Idle and Cruise Control (includes both) Cat Only Side Access Drain valves w/caps (includes engine oil, coolan[ 8, 570-594-010 hydraulic oil) Silicone Heater 8 Radiator Hoses (Cat -- engine hoses to -50, STANDARD various materials) STANDARD 995-995-005 FUEL Starter, 39MT Overcrank Protection -- chassis onty Warranty, chassis engine, two years Two (2)izs gallon saddle tanks; brass plugs at bottom Req'd if 208-206-005 TG-12) Single Side Fuel Fill, 30 GPM Fill Rate, Includes shut off valves 210-216-005 ateach end � Page 2 of 5 205-205-005 TRANSMISSION DETAILS OF PRODUCT OFFERING Item Description Fuel Water Separator, Racor 490 342-342-040 Transmission; 4000 RDS GEN IV 4-Speed OPTION Low Transmission Oil Level Sensor, electronic 995-995-025 Warranty, Two Years TRANSFER CASE, 55000 SERIES 2-SPEED; : 373373-015 AXLES Dorr-Miller IPO Rear Axle Disconnect H-Series Atlachment A 27024 H82926 Walson Pnnted at 127 PM 3/142008 Front Axle - 29K w/Dual Steering Gears (Includes Suspension - 100-400-029 620-620-015) Rear A�cle - 26,000 Ib with all wheel steer BRAKES & AIR�SYSTEM STANDARD 4S-4M Antilock Braking Sysiem STANDARD Air Compressor 15.7 CFM 500-480-020 Air Dryer - ADIP ipo Bendix AD9 Air Inlet, Auxiliary, Right Side of Vehicle (Female air chuck to fll STANDARD tanks) 477-477-005 TIRES Quick Drain Cables for Air Tanks blade applications; (Not available on blower; op[ional for chassis 512-512-010 only) 395/85R20 XZL Spare Tire and Whezl 510-510-010 Michelin . CAB S CAB EQUIPMENT STANDARD H Cen[ury Cab STANDARD Clock, Digital in LCD Display STANDARD CoatHOOks Deluge, Cab Glass & Mirrors, Includes 20 gal reservoir and 6 qt 740-74A-020 we[arm system /D � Page 3 of 5 H-Series Attachment A 27024 H82926 Watson Printed at L27 PM 3114/2008 DETAILS OF PRODUCT OFFERING OPTION STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD szoasa-oi o 600-663-005 740-659-005 660-660-005 ELECTRICAL SYSTEM & FEATURES t24-124-010 STANDARD STANDARD 700-70A-010 STANDARD Fire Extinguisher, cab mounted, 5 Ibs ABC Gaugesand warnings: Hourmeter, registers engine run time, in LCD display Engine Oil temperature waming in LCD display Transmission Temperature warning in LCD display Intake Air Restriction Indicator(s), Command Zone Waming, Auger Drive Hydrostatic low oil level/high temp; blower only Warning, chassis hydraulic system low level/high temp warning kit Heater, Standard Cab; Includes Silicone Hoses, 55,000 BTU rating Ignition, Chassis, Keyed Mirrors, Heated motorized rear view Seat, National Standard Plus High Back Air Ride Driver's seat with Arm Rests Seat, Jump Type, Black Cloth Washer Reservoir, Front Windshield, 6 quart Window, Rear cab Stationary Type, Not Heated Windshield. Heated 12 volt, frit pattem type Wipers, Wet Arm at Front, 6 qt reservoir only Wipers, Arctic Side Window (includes both RH 8 LH), air driven Alternator - 160 amp Back Up Alarm PrecoMatic 1040; adjusts to background noise automatically Batteries, four (4) at 950 CCA each (total 3800 CCA) wl 0000 starter cable Battery Charger, On-Board Trickle Type, (1-112 amp) Dome Lighls (Two) Page 4 of 5 293-293-010 300-320-010 EXTERIOR LIGHTING H-Series Atlachment A 27024 HB2926 Wa�son Pnnted at 127 PM 31t412008 DETAILS OF PRODUCT OFFERING Item Description _ 0 Courtesy Door Lights (two) Master Electrical Disconnect, Total Vehicle, Switch at Battery Box Power Outlets, Auxiliary (two), 10 amp rating STANDARD Clearance lights, LED type, at front 800-80E-040 Whelen 800 DAP Strobe, Amber, One on Cab 500-316-005 HID Lights On Cab Light Bar, One Set of Two (2) 808-80J-005 MP Style work lights, One Set of Two, Clear, On Cab Light Bar Stop, Tail, Turn & Clearance Lights, Aux LED type, at Rear and 600-600-005 atfront 850-SOE-040 AUXILIARY ENGINE (Snow Blower Only) SNOW BLOWER DISPLACEMENT PLOWS PAINT & RUSTPROOFING STANDARD MANUALS STANDARD OPTION SHIP LOOSE ITEMS OTHER SPECIAL WARRANTY ADDITIONAL ITEMS Stop, Tail, Turn & Clearance Lights, LED type, at Rear Whelen 800 DAP Strobe, Amber, One on Rear Enclosure Single Color Truck is 33 yellow, FLNA 10325 One (1) paper copy of Operator's, Parts & Service Manuals Manuals, Full Set of Ops, Service and Parts Manuals on paper, per set 1� Page 5 of 5 H-Series AHachment A 27024 H02926 Watson Printed at 1'27 PM 3/142008 DETAILS OF PRODUCT OFFERING Unit is compleie, built, and ready for shipment September 28 Configuration compatible with or without underbody scraper Rear frame extension will host forced air blower, or can be removed at OTC ezpense i3� . , . E Q U I P M E N T PITKIN Customer: Pitkin County Government 530 E. Main, Suite #F Aspen CO 81611 Contact: Richard Willis Phone:970-920-5393 Z�a : Fax: 970-920-5764 Year, Make 8 Model VIN # OJ Watson Company, Inc. 5335 Franklin Street Denver, Colorado 80216 303-295-2885 or800-332-2124 Fax:303-296-8049 One- vew Oshkosh modzl HB 2926 broom chassis per the Tires will be blichelin 395/85R?0 &ont & rear. www.ojwatson.com vote: This is a stock chassis and is subjec[ to prior sale. Spare will be tire and wheel 39��8.iR20. Spare ��heel to be painted same as truck wheels. 9ase specs: :-13. �70 HP zngine. \ew srole "H CENTURY" cab. Allison �000 RDS transmission. Dorr-milier tran+fer case. 29.000 Ibs. front axle. �6.000 Ibs. rear axle. All ��heel saering. the Quotation Page 1 of 2 Salesperson: Dick Eckrich Quote Number: 70137 Quote Date: 3/20/2008 Quote valid until: 4/19/2008 Revision Number: 1 Work Order: PO Number: Unit # One- �(-6 rumc�y Broom per specification as listed on quote numbar 70I33. However, this quore is less blower and will include the lollo��in_: Ca[erpillar C 13, �75 hp engine Hieh Pzrfonnance power �ackagz with J820 ft Ibs oFtorque to the broom shaft J-Huok hitch, broom side ?0 li>ot ��iddi, 16.J toot sa�ept patli at 3� degree swing angle Pour castars on broom head '_U' Puh cassettt bris[les Snow shed hood Broom t�chometer C-n^_inc block hearer Ethcr smitins assist One ;parz single caster [ire and �chzel assembly Qoaded) Vibrator for broom head auroinatic pattzm adjustment 31ack and w'hite rear camera systtm using the �46 "�IDC" monitor Furnish :md install one, single dieit, number on top of cab and one on rear enginz compartment. Furnish and install thz tollowim� radio /� r, . . � • t Q U I P M E N T OJ Watson Company, Inc. 5335 Franklin Street Denver,Colorado 80216 303-295-2885 or 800332-2124 Fax:303-296-8049 www.ojwatson.com Ont- �'lodel AAM79KTD9PW�AN, P�II500 Ytobile, VHF, 100 watt, 25� channel with an[enna Onc- �lodel IC Al IQ [cum Air Radio with antenna kit. Quotation Page 2 of 2 One- PA300iTS 100-N. PM300am driver and external s eakers. Tr�ining: . . O.J. �Vatson �vill provide a to[al of 12 hours mechanical training and 1'_ hours of factory assisted operators trainmg. Some of this trainmg u�ill be included in the "in-service" of the tmek at the �irport. Furnish and install a stereo radio with CD player and Furnish and install factory air conditioning. Furnish and install two (2) 125 gallon fuel tanks. Supply stzel bristles in lieu of poly. Purni�h and instalt an air hom on cab roof. Items: Options ''otes Total Price not including Options or Taxes: $497,762.00 Acccpted — ��i � g �,�� ,':�.� �/��`�-/',� ` Y Date: �� 7 Amount Accepted Qiwted By' � t Dick Eckrich Date: April l, '_008 /S