HomeMy WebLinkAboutbocc.con.074.2000 CONTRACT AGREEMENT CONTRACT #c2�
FOR THE PROVISION OF
UTILITY SNOWCAT-
TO
PITKIN COUNTY PUBLIC WORKS SECTION
DEPARTMENT OF FLEET MANAGEMENT
76 SERVICE CENTER ROAD
ASPEN, COLORADO, 81611
BID # 2001-1FM-SNOWCAT
THIS AGREEMENT, made and entered into this ;3 day of 2000 by and bet een
the County of Pitkin, Colorado, hereinafter referred to as the "County" and E,
Second Party, hereinafter referred to as the "Contractor."
The County and the Contractor, for consideration hereinafter set forth, agree as follows:
Article 1. STATEMENT OF WORK, The Contractor shall furnish all labor and materials
and perform all work to provide UTILITY SNOWCAT in accordance with PITKIN
COUNTY BID # 2001-1FM-SNOWCAT. He shall complete this work within
3_�L-calendar days from the effective date of the Notice to Proceed. Liquidated damages in
the amount of$100.00 per calendar day will be assessed for late delivery.
Article 2. It is hereby further agreed, that at the completion of the work and its acceptance
by the County all sums due the Contractor by reason of his faithful completion of the work
authorized under this Contract in accordance with the provisions of this Contract, will be
paid the Contractor by the County after said completion and acceptance.
Article 3. It is hereby further agreed that any reference herein to the "Contract" shall
include all "Documents" as the same are listed and described in the Instructions to Bidders
and Specifications, issued in connection with PITKIN COUNTY BID # 2001-1FM-
SNOWCAT. Said "Documents" are hereby made a part of this agreement as fully as if set
out at length herein.
WARRANTY REPAIRS:
1. The Contractor hereby warrants that for a period of months after the
unit is placed in service, he will, at his own expense, without any cost to the County,
replace all defective parts and make any repairs to the machine that may be required
or made necessary by reason of defective material or workmanship. Where
practicable, warranty repairs are to be made in the field; however, in the event of
major repairs, the machine may be transported to Contractor's facility at no cost to
the County.
2. In addition to the above, the County may avail itself of the Contractor's standard
and/or extended warranties, if in the best interest of the County. The Contractor
shall offer to the County any extended warranties, which may be available from the
manufacturer at the time of delivery, or any subsequent extended warranties, for
which the County may be eligible, which become available thereafter. The County
is under no obligation to accept and pay for these extended warranties however.
Article 6. PITKIN COUNTY PROCUREMENT CODE. This contractual agreement is
subject to all terms and conditions of the terms and conditions of the Pitkin County
Procurement Code, and said terms and conditions are hereby incorporated into this
document by this reference.
Article 7. AUTHORITY AND RESPONSIBILITY OF THE PROCUREMENT
OFFICER. All work shall be done under the general supervision and direction of the
Procurement Officer. The Procurement Officer shall decide any and all questions which
may arise as to the quality and acceptability of materials furnished, work performed, rate of
progress of the work, interpretation of the Contract, change orders (within the limits of his
authority) and all other questions as to the compliance with the Contract on the part of the
Contractor.
Article 8. SUCCESSORS AND ASSIGNS. This Agreement and all of the covenants
hereof shall inure to the benefit of and be binding upon the County and the Contractor
respectively and their agents, representatives, employees, successors, assigns and legal
representatives. Neither the County nor the Contractor shall have the right to assign,
transfer or sublet his interest or obligations hereunder without the written consent of the
other party.
Article 9. THIRD PARTIES. This Agreement does not and shall not be deemed or
construed to confer upon or grant to any third party or parties, except to parties to whom
Contractor or County may assign this Agreement in accordance with the specific written
permission, any rights to claim damages or to bring any suit action or other proceeding
against either the County or Contractor because of any breach hereof or because of any of
the terms, covenants, agreements or conditions herein contained.
Article 10. WAIVER. No waiver of default by either party of any of the terms, covenants
or conditions hereof to be performed, kept and observed by the other party shall be
construed, or operate as, a waiver of any subsequent default of any of the terms, covenants
or conditions herein contained, to be performed, kept and observed by the other party.
Article 11. AGREEMENT MADE IN COLORADO. The parties agree that this Agreement
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.
Article 12. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any
of the provisions of this Agreement, the prevailing party shall be entitled to its costs and
reasonable attomey's fees.
Article 13. WAIVER OF PRESUMPTION. This Agreement was negotiated and reviewed
through the mutual efforts of the parties hereto and the parties agree that no construction
shall be made or presumption shall arise for or against either party based on any alleged
unequal status of the parties in the negotiation, review or drafting of this Agreement.
Article 14. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. The performance of work under the Contract may be terminated by the County:
(1) Whenever the Contractor shall default in performance of this Contract in
accordance with its terms, and fails to cure or show cause why such failure
to perform should be excused within ten (10) days (or longer as the County
may allow or shorter, but not less than three (3) days, for failure to provide
proof of insurance or maintenance of any dangerous condition) after hand-
delivery or mailing to the Contractor of a notice specifying the default. If
mailed, said notice shall be sent by certified mail, return receipt requested, to
the address specified herein for the Contractor. The Contractor shall not be
in default by reasons of any failure in performance of this Contract in
accordance with its terms if such failure arises out of causes beyond the
control and without the fault or negligence of the Contractor. Such causes
may include, but are not restricted to, acts of God, natural disasters, strikes,
or freight embargoes, but in every case the failure to perform must be
beyond the control and without the fault or negligence of the Contractor.
Upon request of the Contractor, the County shall ascertain the facts and
failure, and, if the County shall determine that any failure to perform consti-
tuted a valid commercial excuse, the performance shall be revised
accordingly and notice of default withdrawn; or
(2) Whenever for any reason and in its sole discretion the County shall
determine that such termination is in its best interest and convenient.
B. Notice of Termination. In the event of termination for the convenience of the
County, the County shall deliver to the Contractor a written notice of termination,
specifying the reasons therefore, and the effective date of such termination. The
effective date shall not be earlier than the date of hand-delivery or the date of
mailing of the notice, plus three (3) business days. The notice of termination shall
be sent regular first-class mail to the address of the Contractor herein provided.
C. Termination Procedure. After the effective date of the notice of termination for
default or for the convenience of the County, unless otherwise directed by the
County, the Contractor shall:
(1) Stop work under the Contract on the date specified in the notice of
termination.
(2) Place no further orders for materials, services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the
performance of work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding
liabilities and all claims arising out of such termination on orders or
subcontracts, the cost of which would be reimbursable in whole or in part in
accordance with this Contract.
D. Termination Payment: After the effective date of a notice of termination for the
convenience of the County, the Contractor shall submit to the County his termina-
tion claim in the form of a final invoice, including costs incurred to the date of
termination, and costs incurred because of termination, which termination costs
shall not exceed 10% of the total amount of proposal, provided however, that in the
event of default by the Contractor, no extra costs incurred because of termination
shall be paid to the Contractor. Any costs paid shall not be a waiver of any claim,
counterclaim or set-off by the County against the Contractor on account of any
default. Such claim must be submitted promptly, but in no event later than thirty
(30) days from the effective date of termination, unless one or more extensions are
granted in writing by the County. Upon the Contractor's failure to submit a claim in
the time allowed, the County may review the information available to it and
determine the amount due the Contractor, if any, and pay the Contractor the amount
as determined.
E. Termination Settlement: Subject to Paragraph D., above, the Contractor and County
may negotiate the whole or any part of the amount or amounts to be paid, upon
termination for default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination
made by the County under "Termination for Default or for Convenience of
County;" except that if the Contractor has failed to submit his claim within the time
provided in Paragraph D., above, and has failed to properly request extension, he
shall have no such right of appeal. In any case where the County has made a
determination of the amount due under Paragraphs D. or E., above, the County shall
pay the Contractor: (1) the amount the County has determined, if there is no right to
appeal or if no timely appeal has been taken, or (2) the amount finally determined
on such appeal if an appeal has been taken.
G. Method of Appeal: If the Contractor disagrees with the County's determination
under Paragraphs D. or E., he can appeal this decision in writing to the County.
Such appeal must be made within twenty (20) days of receipt in writing of the
County's determination. The County shall have twenty (20) days in which to
respond in writing to the appeal. The County's response shall be final and
conclusive unless within thirty (30) days from the date of receipt of such response
the Contractor submits the dispute to a court of competent jurisdiction.
Article 15. INTEGRATION AND MODIFICATION. This Contract constitutes the full
and complete agreement of the parties and supersedes or incorporates any prior written and
oral agreements of the parties. In addition, the Contractor understands that No County
official or employee, other than the Board of County Commissioners acting as a body at a
Board meeting, has authority to enter into a contract or to modify the terms of this contract
on behalf of the County. Any such contract or modification to this contract must be in
writing and be executed by the parties hereto.
Article 16. RECORDS. The Contractor shall maintain comprehensive, complete and
accurate books, records, and documents concerning its performance relating to this Project
for a period of three (3) years after final payment on the Project. The County shall have the
right within the three-year period to inspect and audit these books, records and documents,
upon demand, in a reasonable manner and at reasonable times, for the purpose of
determining, by accepted accounting and auditing standards, compliance with all provisions
of the Contract and applicable law.
Article 17. AUTHORIZED REPRESENTATIVE. The undersigned representative of
Contractor, as an inducement to the County to execute this Agreement, represents that
he/she is an authorized representative of Contractor for the purposes of executing the
Agreement, and that he/she has full and complete authority to enter into this Agreement for
the terms and conditions specified herein.
J
IN WITNESS WHEREOF, the First Party and the Second Party, respectively have caused
this agreement to be duly executed the day and year first herein written in four (4) copies,
all of which to all intents and purposes shall be considered as the original.
PITKIN COUNTY,First Party
The Board of Commissioners
Pitkin County, Colorado
506 East Main Street
Aspen, Colorado 81611
BY �lT IZ 13 CM
Shell' H er, Chairperson (Date)
ATT T:
BY
Deputy erk and Recorder (Date)
APPR ED AS TO FORM:
By dU
Attorney for Pitkin County (Date
RECOMMENDED FOR APPROVAL:
By
ounty Manager for Pitkin County (Date)
By 677
Director of Public Works (Date)
CONTRACTOR,Second Party
AT ES
(SE )
By
Title Title�Aj�� �e�tOys7a�
Date: 2000
Pitkin County Public Works
76 Service Center Road
Aspen, Colorado 81611
970-920-5393
Fax 970-920-5764
stanh@co.pitkin.co.us
NOTICE TO PROCEED
BID # 200 1-1 FM-SNOWCAT
UTILITY SNOWCAT
DATE: January 3, 2001
TO: Bombardier Corporation
707 D Arrowest Court
Grand Junction, CO 81505
ATTN: Joe Clark
You are hereby authorized to proceed effective January 3, 2001 , with the delivery of
UTILITY SNOWCAT in accordance with the Contract Documents and your Proposal
pursuant to PITKIN BID # 2001-]FM-SNOWCAT. The Delivery shall be complete no
later than 14 calendar days after the date of this notice. Liquidated damages in the
amount of$100.00 per day will be assessed for late delivery.
Pitkin County, Colorado
Public Works Section
BY_ ���
Stan Hall, Fleet Manager
®RECYCLED PAPER 1/
TECHNICAL AND PERFORMANCE SPECIFICATIONS
BID # 2001-IFM-SNOWCAT.
It is the intent of these specifications to describe a UTILITY SNOWCAT for
transportation to and from Pitkin County's mountain top translator sites. Each component
shall comply with the performance requirements and specifications outlined herein. The
completed unit shall be capable of operation in un-groomed conditions and while in
operation. All components shall be designed to be compatible and designed for heavy-duty
operation. All fasteners used in the assembly of the entire unit shall meet ASTM/SAE J429
Standards. Any unit failing this requirement is automatically disqualified. All units bid
shall be new and of the latest model available by the manufacturer and shall not be of a
model scheduled to be phased out by the manufacturer. The bidder is requested to describe
briefly, in the Bidder's Response section, the unit being bid, i.e., make, model, etc.
The standards listed below in the technical specifications are minimums unless otherwise
noted, any exceptions should be attached to the bid in writing.
DIMENSIONS:
Overall width (Maximum) 102"
Overall height (Maximum) 102.5"
Overall Length(Maximum) 145"
Ground Clearance 12.5"
Cargo Deck Area 33 sq. ft.
CARRY CAPACITY:
Seating 2-person
Vehicle Weight 7480 lbs.
Payload 2200 lbs.
PERFORMANCE:
Speed 12 mph.
Ground Pressure(Maximum) 0.88 psi.
ENGINE:
Number of Cylinders 4
Horsepower 170 bhp
Torque 488 ft. lbs. @1200 rpm
Fuel Capacity 35 gal.
TRANSMISSION:
Type Hydrostatic, infinitely variable
BRAKES:
Type Hydrostatic, dynamic feedback
Multi-disk parking brake
ELECTRICAL:
Voltage 12v. or 24v.
Alternator 100 amp.
Batteries Duel 12v. 88amp/hr
Cold Cranking Amps 395amp
Engine Pre-heater 1 I Ov.
CAB:
Suspension Driver Seat
Bucket Seat for Passenger
Heater/Defroster
Heated Front Windshield
Adjustable Steering Wheel or Electronic Sticks
Insulated Cab
Back-up Alarm
Rear View Mirrors
Fire Extinguisher
Flashing Warning Lights
Rear Working Lights
Rear Pintle Hitch
INSTRUMENTATION:
Tachometer
Oil Pressure
Engine Temp
Fuel Level
Voltmeter
Hour Meter
TRACKS:
Steel Cross Link on Rubber Belt
PARTS MANUALS AND OPTIONAL EQUIPMENT:
One Complete Set of Operators Manuals
One Set Parts Manuals
One Set of Service Manuals
Spare Tire (intermediate)
Filter Kit(include one of every filter)
PARTS SERVICE:
The contractor(s) by virtue of his/their acceptance of the County's purchase order for the
specified unit(s) described herein, certify that the contractor(s) maintain a "reasonable
inventory" of replacement parts for the specified unit(s) at his/their primary place of
business. Common wear parts such as filters, hoses, belts, etc., shall be delivered within 24
hours after order has been placed, and other parts shall be delivered within 48 hours of
order. If orders are not received within above mentioned times,,penalties will apply. The
successful bidder, and not his subcontractor, will be responsible for delivery of all parts and
penalties accessed. Liquidated damages in the amount of$100 00 per working day (8.00
am. Monday though 5:00 p.m. Friday)will be assessed for late delivery The vendor further
agrees that if said parts are not available from the inventory maintained at his place of
business at the time requested by the County. He will order the part to be "drop-shipped"
directly to the Pitkin County Fleet Management Department, Pitkin County Service Center,
76 Service Center Road, Aspen, Colorado, 81611, FOB. The manufacturer or source of
supply with availability when requested to do so by the County, and by mode specified by
the County at the time of order. Vendors whose internal policies preclude compliance with
these said requirements will be automatically disqualified from consideration in the bid
award.
WARRANTY:
All the above-specified units shall be covered by factory warranty, manufacturer's standard
minimum. All warranty work shall be at the contractors expense, replace all defective parts
and make any repairs to the machine that may be required. Where practicable, warranty
repairs are to be made in the field; however, in the event of major repairs, the machine may
be transported to contractor's facility at no cost to the County. All copies of warranties shall
be included with bid. This will be a prime consideration in the bid award.
DELIVERY:
The bidder shall specify the time of delivery from effective date of Notice to Proceed in
section three of this item. Said delivery time will be a part of overall bid award
consideration. The County, at its sole reasonable discretion, (and barring labor disputes,
weather related transportation delays, acts of God, etc.), may assess a delivery delay penalty
in the amount of one hundred (100) dollars for each calendar day, after the specified
delivery period has expired until the units are delivered and accepted by the County.
TRAINING:
The contractor shall be required to provide adequate training in the maintenance and
operation of the specified equipment to a minimum of one (1) operator and one (1)
maintenance technician of the County's employ to the County's satisfaction involving one or
more instructor days on-site at the County's facility as required for adequate coverage of the
subject matter. Off-site training may be substituted for the above where training aids and
other circumstances dictate that it clearly is to the County's advantage to participate in such
off-site courses, and further provided that the Contractor agrees to pay all associated travel,
per diem, and hotel costs required by such off-site training. The cost of the above-specified
training shall be included in the bid price of the
BIDDER'S RESPONSE AND TECHNICAL SPECIFICATIONS
FOR
UTILITY SNOWCAT
BID # 2001-1FM-SNOWCAT
PITKIN COUNTY, COLORADO
PUBLIC WORKS SECTION
DEPARTMENT OF FLEET MANAGEMENT
76 SERVICE CENTER ROAD
ASPEN, COLORADO, 81611
The undersigned bidder, (a sole proprietor/partnership/corporation organized and
existing under and by virtue of the laws of the State of CO ), having become familiar
with the Contract Documents, the Invitation to Bid, Instructions to Bidders, Bidder's
Response and Technical Specifications, Notice of Award, and Contract Agreement,
proposes and agrees to famish all necessary items complete in all respects, for the delivery
of UTILITY SNOWCAT. The completed units will meet the performance requirements and
the specifications outlined herein. The units shall be delivered to Pitkin County Public
Works Section, Department of Fleet Management, all in accordance with Contract
Documents, specifications and at the price stated, FOB 76 Service Center Road, Aspen,
Colorado.
We/I have initialed or otherwise indicated our response to each of the individual
items in the column marked "Section 3" if provided of the Technical Specifications listed
below and on the subsequent pages of this proposal in accordance with the provisions listed
herein and the Instructions to Bidder's, and have executed this proposal in accordance with
Paragraphs Le., 3.a., 3.b, 3.c., 4.a., and all other applicable provisions of the Bidder's
Instructions.
Any item listed as "standard" in the Manufacturer's published specifications,
furnished by the Bidder, are assumed to be included in the Bid. Any variations are outlined
in writing, noting cost factors where applicable.
BID # 2001-1FM-SNOWCAT
UTILITY SNOWCCAAT
BIDDER'S: NAME: 1301?Wj aall2 ( O/IPO/IAT/ON
v n /
ADDRESS: '70 7 D �22oc//u�rr CD�(�r
PHONE: '7/S0
ITEM BID:
/80
YEAR MAKE MODEL
(1)BID AMOUNT AS SPECIFIED ABOVE:
a
Z/G,frJ` Fvc 7,g0usalyD 4 %b — DOLLARS (S OGY — �
DELIVERY: NOT LATER THAN Dry 15�" 2001 (NEW UNIT)
TOTAL PURCHASE PRICE TO COUNTY (S 8 S! 000 )
WITH ALL OPTIONS X"ccUvING r2EIGH
Location of Bidder's nearest Service Facility
G/�ND TNGTJON CO! n
Location of Bidder's nearest mobile service truck (base)
�ivD ��1,E—rieu, �GtG
Maximum travel cost (miles and labor) per service call.
350 �
The undersigned agree(s) that this bid shall not be withdrawn for a period of 60 days from
the opening thereof.
In submitting this proposal, it is acknowledged that the County reserves the right to waive
any informality in or to reject all bids. It is further understood that award of this bid is
contingent upon appropriation of funds by the Board of Con
Conunissioners.
ATTEST SIGNATURE_:
(SEAL) TAe L J Ct 1��-VI
NAME:�G iE2 �NZP TITLE p��N E el
PITKIN COUNTY, COLOR-ADO
NOTICE OF AWARD
BID # 2001-1FM-SNOWCAT
DATE: November 13, 2000
TO: Bombardier Corporation
Utility Vehicles
707 D Arrowest Court
Grand Junction, CO 815005
ATTN: John MaIlveen
The County of Pitkin, Colorado, having considered the Bids submitted for providing
UTILIY SNOWCAT and i appearing that your Bid of,
e u ; his in the best interest of the County of Pitkin,
Coo ado, d the Board of County Commissioners having authorized the purchase, the said
Bid is hereby accepted, at the bid price contained therein.
You are required to execute FOUR originals (retaining one original for your files) of the
enclosed Agreement and furnish the required Certificates of Insurance within ten (10)
calendar days from the date of this Notice to you.
If you fail to execute and return said Agreement, and if you fail to fumish said Certificates
of Insurance within ten (10) days from the date of this Notice, the County will be entitled to
consider all your rights arising out of the County's acceptance of your Bid as abandoned.
The County will be entitled to such other rights as may be granted by the Bid Documents or
by law. You are required to return an acknowledged copy of this Notice of Award to the
County.
4�-
Stan Hall Fleet Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged
By O this
the day of , 20(_.
B Title L
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