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Home My WebLink Aboutbocc.con.009.1996 .,.,. � ' - :. � . _�..._ � . ,.� . t_ ... ... ... .�... r�... ,�:L1v iY.,�.S1'� ��lG - � �.�,�,. ��t�: �� r;,f��rs��. � = �::.:.�.��.. . .,, - �`a 1� ''� _ ;_ .. .. �, ;-'-,, �::�...,,. � ,:.: ,. R':;.r, ;, {,� �..:. : �:,,:"�: . i' . PITKIN COUNTY, COLORADO i PUBLIC WORKS SECTION � ! DEPARTMENT OF FLEET MANAGEMENT "�� r �• �: .', . i � � I BIDDERS ZNSTRUCTTONS AND BID SPECIFZCATIONS � � ' FOR `.�',4 � THE PURCHASE OF � ONE (1) TANDEM DRIVE TRUCK WITH STREET FLUSHER � i � � BID # 1996-1FM i F � � ( � BID OPENTNG DATE: ' ' JANUARY 3, 1996, 10:00 A.M. ± � � �, � . 1 i ! ` �,` '� [.4, - , .. . , -.��......: -... • .. . , . . � _ . . _. �� '� , � � 4 . � � � � . � � �� ti � . , �'�i.�'t. . . . . . . . , . •�^.. ' � �� . . b�) �' . w � - ..,�.�_ �t'''Fr7.W..�-�IC��-�r, ,'�,. '"?.,a ... � _. �^i�,� . .''i'' ._..... '��r��.)t1!r".S._�`'�lf.:��„��.�AG'�`x�M`+tir:tiit��°-14iD��irT.i1?�.a, �... ��"��:. ��' ��tr•�' ;. ,:s� PITKZN COUNY BID LIST BID � 1996-1FM ` , STREET FLUSHER • '�; •1. VENDOR TRADE-IN PRICE BODY EQUZPMENT NET COUNTY MAICE MODEL HANSON EQUIP. $14,000.00 $42,125.00 $113,075.00 INTERNATIONAL KLEIN ��' 2574 SERIES i� � i.:;.-„ TRANSWEST $27,106.00 $42,125.00 $109,850.00 * , - ' FRBIGHTLINER KLEIN i �: FLC112SD � � 5 VOLVO TRUCKS $15,200.00 $42,125.00 $119,086.00 VOLVO AUTOCAR KLEIN ' iACL64B '" i * Freightliner did not meet technical specifications. ' � - � : # r S j �i 1 ' j . i � � � � � � . � � -- j � I __ .:. __ __._,_,... : _ _ ,�x,,� __ __- _ _ >� _,... � � ,... . _. _ , :; : 4 "R .. � . - . - . Y � r. .�,. � . . . . . . - .�. . . • ��n; • ,.,.a. . _ . . � ' ,� ,_.. . . . . A�) �h )�.1-.. " . � � . �., yaia.: ' ' ;...;. :�.� �',A. .. � . .. , . .0 �� - . . .Y_ ...�_ '.� '� :. :: .' -'1 1Fr�.Yll`4x.w ti�.... .a . . ,.�'��r,'� .._. n.a h�1 C Y�I�U 1 n� " ',�:, . � C4 4 ..' �N ��',: �' C,�' _ C�. . Y.�1:)'� ;,,%/� ' "_ •:�`��l-. % '. t t. , j7� - �na.��._^.f �' - ONE ,_) TANDEM DR�'iE T4liC:•. :vT__� �_r.y__ -�.:a'r_==• ..��• BIDDER'S: NAME: � o �`_`,ti ADDRESS• ' ,,., ' 4-.�� __. 9�S S � +�� i. : PHONE: °?o - " �-f?-�77( ITEM BID: 1556 -,��/ �� _� � ��7U 6 x v " YEAR MODEL MAKE MODEL BID AMOLTNT AS SPECIFIED ABOVE: (1) � 4=�,�fn.ct55i`✓- Q� DOL S �$�71,`�..�YJ,� . ) . c� ,.c� �?�...o� - (2) '.^a2�,�1 E-IN OP'^ O : � �`, e....�._ / - -�--- � �'+,I ' DOLLARS ($ /i ✓ _ ."'°t i . ' � � i DELIVEAY:NOT Z.�,TER THAN�c% �!r ,Z996 (NEW UNIT) � TOTAI, PURCHASE PRICE TO COUNTY ($ �G 9.i�i-QP 1 . i �7(� � _�y-`i.,��' . � Location of A7idder' nearest Service Facility . �/�.,....:,c� lio:-:�`s�< 'L�.�` ..- �/ i Location of �dtier's n.earest mobi2e s�ice truck (base) . � /�-/�-- ,--! �o• • _,c / �J. i Maximum travel cost {miles and labor) per service call. �. � oc._ i ' -_ � I i� = i i ' /. .. ..... . .. . ..... .. .. . . . _ . . . . . . .. . . . _ .,�4• . . ) ' � , r . � .�, � , �:;'r,.',��>: � . . '4F: ' ' � . � � ' . u�� - , , ' ,�; _:.. . .. .._.r.i�r...1fY[Ii��..°.,-�-.,....._.. . . � .' '1�'/ +i:,��f,. . � " �(��; .�+N�.�:�+ 1�•, The undersigned agree(s) that this bid snal� no� �e withdrawn Por a period of 60 days from the opening :hezec:. �� . In submitting this proposal, it is acknowledgea -.za� �ne c�untv reserves the right to waive any informality in or �o reject ail ' ' � bids. It is further understood that award af this p�ri- is contingent upon appropriation o£ funds by the Board o County commissione�s �� - �,aP.��T�' �C- . ..D SIGNAT� , ;�� G��,^�, �•nT.� c / — . _ ��s• ��S -�C .� / 7 r� NAME �i .i!'.L'�d-',Y..r�-r'� . - �r. L LF -'1/?r TITLr.: i � ,� r �"s TYTI.y DATE: %� '�" ` ' • ,a _ r d •.r�C� ;n � -. ,('litr..-t` Z • � . � ' ! t 1 i I • ' - ' . . ... t '_ _ � �' � 1 ' � ; ' : . i �...;.u�-....._��..�.v ....,��.......,_ ._......_�_��_. � . . .l_.._.. ._ _ I - ._ _ __.. _ ...._ _. .._____�__ ...--- l, --�s .� F � �. . . . . . � 5 '} . . . . . . w � . . . . . t., . • . . ' . . ��.. . . � k�1 � . �- ._-_ .. .. ' ' . . . . . .j �� . r.�` ,�' , . a.7 A,.�:. �:�� .. ,.. - . .._ . ._ ..,.. � �2/02/1995 10:22 970241170B HANSQtd EOUIf'MENT IhIC PAt3E 01 a2i01!86 Ib:1C FAX 970+920+E59J PITKIN COUbTi FN �py , � , �'r•,;�j'i��'�;��. �. �;�a�;:.'. y� "�+' p2TICIN COIINTY� COIARJIW , .,. 2iOTZC$ OF ]1W71ItD �.. BID # 1996-SFM .. ' I71►T2: JenuAty l7. 1986 Tut Raeaon Equipm�nt 3527 Awy. 6 L 50 �_'`.>. . Grand �anetion, Co ei�os 7►3l�s Tias Huzab '�r 'I Th� couaty of Pitkin, Celarado, havinq aon�id�r�d the Bids submit- ^ tad for prwidittq ONE (Sy TANDEN DRIVE TRIICR WITi�i STRSET FWSRER � . atid it appsarfng thai your Bid o! 4NE HUNDRE� THLRTEEN 'fHOUSA18a �i tit7NDRED muEtimg xe1?a tSnr.i.ItRR ��13 924 00} is in tha blct intssyrt oi tha County of PitkiYf, colorado, and ths Eoard o£ county � Coa�ni�aian�rs havinq authoriaed the purchase, the said Bid is haleby aocept�d, st tAa bid prica aontained Lhar�in. You asa rsquired to exeautaa FOUtt (t� or3ginal� (retaininq ane original for your iiloo) o! Ctsa enclosed Aqreement and 2urnich the (. r�quir�d Certifiaatas ai =lt6vrnnae withia ten (10) aaiendar days . f=on the datt oP thia xqtio4 tn you. � I! yw iail to ax�cute snd return said Rqrowoant, ana if you ia►il to furni�h said CartificatQa oF S�gurano� vith3a ten (20) daya tram ths dat� of this Notioa, th4 County v;ll ba entitled to cpnsider ail youz riqhts arislnq out ot thn County�s acceptance of yovr 8id as abssldaQlad. Ths CauAty will � antitloci to such other riqhta ae �Y � 9�rted Hy e Bid Documents nr by iaw, You are raqutrna to , ! rotutn a a owi aopy ot thie Natice at #ward to thQ Caunty, !� ; St�n H1� 8 ��t 1[atisager _ - � .�. �.� ACG"P.PT7�TCE OF NOTICE ' R�CRipt oi tha abovs Notlea ot Aivard i9 i�ereby acknovledged bp � , thi• ths � Q M 19�. HY� Titio � . i ' r . .. ... . . .. , . . . . -�. ' t '��,,--` ` t a {;'4� f: ' . a.i _ :. , R�i,h . 'ih.. ' -• 'j2. •..'�. t�..::.�. : ..-..r� . ,A � � '#. �T �;� �i , -�1,. !• '"Z'`' CONTRACT AGREEMENT ; .i FOR THE P120VISION OF �:. .i,, ONE (1j TANbEM DRIVE TRUCK WITH STREET FLUSHER • . ' -;' TO PITKIN COUNTY PUBLIC WORKS SECTION DEPARTMENT OF FLEET MANAGEMENT 76 SERVICE CENTER ROAD ASPEN, COLORADO, 81611 • '7•' BZD # 1996-1FM � THIS AGREEMENT, made and entered into this tnth day of.ia�nAr;� • 1996, by and between the County of Pitkin, Colorado, hereinafter r referred to as the "County" and Hanson Eaninment 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 ONE (1) TANDEM � " DRIVE TRUCK WITFI STREET FLUSHER in accordance with PITKIN COUNTY BID #: 1996-1FM. He shall complete this work within 9�_ calendar days from the effective date of the Notice to Proceed. Liquidated , damages in the amount of $100.00 per calendar day will be assessed for late delivery. Article 2. Tt is hereby further agreed, that at the completion of �` - the work and its acceptance by the County all sums due the • Contractor by reason of his faithful completion of the work, authorized under this Contract in accordance with the provisions of this Contract, will be paid the Contractor by the County after said completion and acceptance. - Article 3. It is hereby further agreed that any reference herein to the "Contract" shall include all "Documents" as the same are listed and described in the Instructions to Bidders and Specifications, issued in connection with PITKZN COUNTY BID NO. ` 1996-1FM and said "Documents" are hereby made a part of this agreement as fully as if set out at length herein. Artzcle 4. The total cost for BID NO. 1996-1FM covered by this Contract thereof to be: ONE HUNDRED THIRTEEN THOUSAND SEVFN NL�NDxFn TWFNTV-Ff111R Dollars ($ it'� 724 .00). 17 ; `- � � ,. �+,',--- _ � . 4:`�� ;,,; , ,. ,. ., .� �: , . 5 �'..1:i{. .:....:. .....' ... . �.. . 'y' �.�� '..1..' � � ��/�.j`_:Y:wi•(`; GY„j�� P1.f. • R._.�.,.,#`��:i:. Article 5. The following special provisions shall apply: '� `��. . WARRANTy REPATRS• .�„ 1. The Contractor hereby warrants that for a peziod of �� ''., � , months after the unit is placed in service, he will, at his own expense and 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 3 ' ' made in the £ield; however, in the event of major repairs, the :i:,r_�•: 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 i.; • 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 �."-ir ' however. � �,•: - Article 6. PITKIN COUNTY PROCUREMENT CODE. This contractual agreement is subject to a21 ternes and conditions of the terms and i 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. A1Z 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 j contractor. N Article 8. SUCCESSORS AND ASSIGNS. This Agreement and all of the ! covenants hereof shall inure to the benefit of and be binding upon f the County and the Contractor respectively and their agents, representatives, employees, successors, assigns and lega2 repze- sentatives. 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 I be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County snay assign this Agreement in accordance with the specific written . 18 I _- — r i ( / `.�... � ' y i i ' ;_:4' �� ,t , , .; , . . , , . ..: _-... j � ��, ��` : �� : � �.,��t. >,: pelznission, 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. Y.� Article 11. AGREEMENT MADE IN CoLORADO. The parties agree that this Agreement was made in accordance with the 2aws 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 attorney's fees. � Article 13. WAIVER OF PRE3UMPTION. This Agreement was negotiated and reviewed through the mutual efforts oP the parties hereto and the parties agree that no canstruction 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: (ij Whenever the Contractor shall default in performance of � this Contract in accordance with its terms, and £ails 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 , 19 t �' ' � I i . i t;;x ` . -., r ` . , : r.;._ . � �.i ,rk'� ,,t ' ^ �:< �, 1. . , , _ . .. < .., ... . .. ..... . ....... . .,..,. _.... . � ._ t� M r��bsY , �..-�z�., 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 . z� ascertain the facts and failure, and, if the County shall - determine that any failure to perform constituted a valid ' f� 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. �":r ` 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, speci£ying the � reasons therefor, 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 natice, 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 �r 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 speaified in the f notice of termination. ;. (2) Place no further orders £or materials, services or facil- + � - ities. �• (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 oP the County, settle . all outstanding liabilities and all claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in part in accordanee 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 termination claim in the form . of a final invoice, including costs incurred to the date of termination, and costs incurred because o� termination, which termination costs shall not exceed 10� of the total amount of proposal; provided, however, that in the event of default by the Cantractor, no extra costs incurred because of termination � shall be paid to the Contractor and any costs paid shall not 20 � I i ;. � � � . �<' . ,. - ; . ,�a. - -..; .v�;3:� ''•]ik .. . ' ., � . S%�ij.i.. �r� .�`'.� U'�' !'�, 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 promptiy, 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 �' .;W 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 r 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 iP the Contractor has faiZed 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 �he 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 iP no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been taken. G. Method af 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 appea2 t� must be made within twenty (20) days of receipt in writing of � the County's determination. The County shall have �wenty (2oy days in which to respand in writing to the appeal. The County's response shall be final and conclusive unless within thirty (30) days from �he date of receipt of such response the Contractor submits the dispute to a court of competent , jurisdiction. � Article 15. INTEGRATION AND MODIFICATTON. 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) ` 21 -- 1, � �.� � . . � e . :.j' 'S,z: ' . . . ' ':.I "`Z�..a.. . a�;,r«S3y':�i;C J t�.r�.��..� ,..... .. _ _. . �.t.. ,� /�:r , . . _. _ ..��...-...._.e. ,... ,...�.��..,........ .�.r..��.,' . . �t' ' . . �€��'�`, �� . �;��_h,��,'�;'.: �`;�: ":#:'''y�;; years after final payment on the Project and the County shall have =:"�,`'.. the right within the three-year period to inspect and audit these %�.4� .�; books, records and documents, upon demand, in a reasonable manner 3: :- -%� and at zeasonable times, for the purpose of determining, by �` � accepted accounting and auditing standards, compliance with all ,��'"�:-+� _ provisions of the Contract and applicable law. '. �''t ArticZe 17. AUTHORIZED REPRESENTATIVE. The undersigned repre- ' '� sentative of Contractor, as an inducement to the County to execute �-�>%> - this Agreement, represents that he/she is an authorized represen- ?�'�'� tative of Contractor #or the purposes of executing the Agreement I,_::.�.�� : and that he/she has full and complete authority to enter into this �' Agreement for the terms and conditions specified herein. k'�� t. i � ' ; y... i l��i . ,t' g. . Y.._ -K:C ,��. '. .� � I + � VM 7 M .. ; . . _ � � . ' i . �. . i . � I�� f 22 I ' Jr'- �. ; !.; , _._._._ _ __ _______..__.. _. _. -,.,, _ .. .__.. _ _` . . . . . / � . . . • ,� F .. f � . - . ',-_: . � � t ` � . � . :� � . `,�` .. . . , . . ' ,�..�. . . - ' . . . ' n�7 ��. t� ,'�;r�, , _ _.,.:;�;,; 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 Eour (4) conies, all of which to ti, all intents and purposes shall be considered as the original. ;' '.; PITRIN COIINTY, First Party ' The Board of Commissioners Pitkin County, Colorado 506 East Main Street - Aspen, Co2orado 81611 ;:,,`';. 'r Hy �'�`� . �-�y-yi� Michael . Ireland, Chairma�r�. (Date) - - ATTES . � . �i c ; BY . j ;. � Depu y erk and Recor (Date} '� �� j� J y/ i. ; APPROVED AS TO FORM: Hy l�L�"�Cl�� Z/Z//(� Attorney for Pitkin County (Date) j RECOMMENDED FOR APPROVAL: By ,� �`�� J 7� County anager for itkin County (D e) . gy Z � � x�r Director of Publ c Jorks {Datej ' - i j CONTRACTQR, Second P ty 1 � �_ � , _ •-._iPi•..�c .1,.�e_• ' Title: 1.U, � ..t i ` .. ; AT�TEST: �<�� j '';�(SEAI.j. �� i 'c,�y • � By ` r:.T{�.� � l .-.�.--�._ Title %/�. _T: +�i�.•.��.,i . wDabe:: r�7"Z , 1996 . r;• • _ �`�op:ti;�::Q ,1�. �o�� ,, �-��i-y� ,. ; . 2 3 � '- � ___. . r _ _„ ,,,..;,t. � \'•� , ti —. r .; � , ;;�7 . •y<.: ' � . . • �;i