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VI
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
APPROVING A CONTRACT BETWEEN
�.
PITKIN COUNTY AND WOLLARD AIRCRAFT EQUIPMENT COMPANY
`
FOR THE PURCHASE OF
ONE (1) LIFT USED TO BOARD
AIRLINE PASSENGERS WITH MOBILITY IMPAIRMENTS
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AT THE
ASPEN /PITKIN COUNTY AIRPORT (SARDY FIELD)
Resolution # 95-
RECITALS
1. Pitkin County, a Colorado home -rule County, is the owner,
sponsor, and operator of the Aspen /Pitkin County Airport (Sardy
Field) located in the vicinity of Aspen, Colorado; and
2. The County wishes to purchase a piece of equipment that will
1
assist any and all passengers with mobility impairments in
boarding those various types of commercial aircraft that service
the Airport; and
3. The County has conducted a competitive bid and selection
y.
process, pursuant to Department of Transportation Federal Avia-
tion Administration Order 5190.6 (Airport Compliance Require-
ments) and the Pitkin County Procurement Code, to select a
Proposer with whom to enter into a Contract Agreement for the
purchase of one (1) lift that will assist passengers with mobili-
-
ty impairments in boarding those various types of aircraft that
'
service the Airport; and
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4. Wollard Aircraft Equipment Company of Eau Claire, Wisconsin,
was selected as the Proposer fulfilling all bid specifications as
advertised at the lowest competitive price, County staff has
concluded negotiations and is recommending the attached documents
r'
for approval; and
5. On the recommendation of Staff, the BOCC finds that the
approval of a Contract Agreement for the referenced purchase is
in the best interest of the County;,
'
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY,...,
COMMISSIONERS OF PITKIN COUNTY, COLORADO:
Section 1
`
That the Contract Agreement between Pitkin County and Wollard
Aircraft Equipment Company which is attached as Exhibit "A" and
is incorporated herein by this reference, is hereby approved and
adopted according to its terms and conditions.
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Section 2
That the Chair (or Vice - Chair) of the Board of County Commission-
ers is hereby authorized and directed to execute on behalf of the
to
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County the subject document and any other documents necessary
accomplish the transactions that have been approved as to form by
ref
the County Manager, County Attorney or Special Counsel.
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Section 3 T'7
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That a true and correct copy of the Contract Agreement (Exhibit
�-
~,
° A " ) shall be kept available for public inspection prior to the
public hearing thereon during normal business hours at the office
of the Pitkin County Clerk and Recorder, Pitkin County Court-
the
house, Aspen, Colorado (303- 920 - 5180), and at the Office of
�4.��•
Director of Aviation, Aspen / Pitkin County Airport, Aspen, Colo-
rado (303- 920 - 5384).
INTRODUCED, READ, AND APPROVED AT THE REGULAR MEETING ON THE
041 Off' 0%b�,/1. I q
BOARD OF COUNTY COMMISSIONERS
A TE T: OF PITKIN COUNTY, COLORADO
ti
zx BY•
F nette Jone (date) ichael C. Ireland (date)
uty Clerk &Recorder Chairman
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I:IOLLARD,M PAL
Wollard Passenger Access Lift (PAL ( D)
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Description
The Wollard Passenger Access Lilt
(PAL') is a unique, sell - propelled _r.;,1
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device that allows disabled air , « %�ti
C iJ sri' tMro� p, yR ;
travelers sale and dignified boarding
access to commuter and smaller jet
aircraft, and other elevated areas. L r r j.r
air The PAL' provides airlines and ,Ei , 4 1r
ort authorities a safe, efficient.
p �Lw,.; t
and comfortable means of assisting
complying with
passengers, while r , " c :t ri,.
U.S. Department of Transportation
government regulations.` -0� , r
The Wollard PAL' enables the
? operator excellent control of the
approach to aircraft doors (both front, )'
2.
and rear) directly from the left side of
the fuselage. safely operating clear ;
of the propeller area. The entire enplaningr
deplaning process is accomplished smoothly Chassis ,!,• .
in less than four minutes, with maximum ♦ Welded. tubular steel framework supports --
passenger comfort and operating efficiency. the driver's area, the lilting structure/
F ~� mechanism, the passenger compartment.
and motive power generating components. �
Features
• Enclosed sides provide passenger _
Lift Mechanism and Vehicle security, and entrance /exit ramps serve , • i
• Dual hydraulic lilt system features hydrau• as gate closures.
lic cylinders and added safety features. ♦ Operator conveniences include seat rest,
• Efficiently transports with enplaning.' steering wheel, foot and hand controls. • Stabilizer interlocks prevent the vehicle ;
deplaning cycle time of less than lour from being driven with the stabilizers down
1 minutes. Safety or the lilt raised.
♦ Passenger is afforded protection from t '
• internal combustion gasoline engine • Skid - resistant surfaces on boarding ramps
9 h i
p li nine weather conditions and jet blast.
powers both the lift and drive hydraulic and in passenger compartment. t
• Unique. 3-wheeled design clears '
systems.
4 propellers and aircraft integral stairs, while • Built -in tie down points accommodate wheelchair restraints. i
• Metering valves provide smooth providing the operator excellent visibility.
acceleration and accurate speed control. ♦ • Self handrails and safety gates.
Boarding ramps designed with gradual
• Designed for all weather conditions and sloped inclines for wheelchair safety and cushioneo passenger entrance and
equipped with automotive running lights exit areas ensure passenger safety and
j and night lighting. • Designed-in protective aircraft interfaces Comfort
clear adjacent aircraft components during
• Additional safety features include toe
• Simple, accurate steering, automotive
operation.
boards. emergency stop button, and
braking, parking brake, and auxiliary pump w
• Self-leveling, anti-sway stabilizers audible alarn's
offer safe and easy operation. I.
withstand 90 mph f 14 km hr) winds.
• Unit capable of negotiating ramp grades of
up to 10% (creep speed). ° t
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Description
The Wollard Passenger Access Lilt
(PAL') is a unique, sell - propelled _r.;,1
�+- J
device that allows disabled air , « %�ti
C iJ sri' tMro� p, yR ;
travelers sale and dignified boarding
access to commuter and smaller jet
aircraft, and other elevated areas. L r r j.r
air The PAL' provides airlines and ,Ei , 4 1r
ort authorities a safe, efficient.
p �Lw,.; t
and comfortable means of assisting
complying with
passengers, while r , " c :t ri,.
U.S. Department of Transportation
government regulations.` -0� , r
The Wollard PAL' enables the
? operator excellent control of the
approach to aircraft doors (both front, )'
2.
and rear) directly from the left side of
the fuselage. safely operating clear ;
of the propeller area. The entire enplaningr
deplaning process is accomplished smoothly Chassis ,!,• .
in less than four minutes, with maximum ♦ Welded. tubular steel framework supports --
passenger comfort and operating efficiency. the driver's area, the lilting structure/
F ~� mechanism, the passenger compartment.
and motive power generating components. �
Features
• Enclosed sides provide passenger _
Lift Mechanism and Vehicle security, and entrance /exit ramps serve , • i
• Dual hydraulic lilt system features hydrau• as gate closures.
lic cylinders and added safety features. ♦ Operator conveniences include seat rest,
• Efficiently transports with enplaning.' steering wheel, foot and hand controls. • Stabilizer interlocks prevent the vehicle ;
deplaning cycle time of less than lour from being driven with the stabilizers down
1 minutes. Safety or the lilt raised.
♦ Passenger is afforded protection from t '
• internal combustion gasoline engine • Skid - resistant surfaces on boarding ramps
9 h i
p li nine weather conditions and jet blast.
powers both the lift and drive hydraulic and in passenger compartment. t
• Unique. 3-wheeled design clears '
systems.
4 propellers and aircraft integral stairs, while • Built -in tie down points accommodate wheelchair restraints. i
• Metering valves provide smooth providing the operator excellent visibility.
acceleration and accurate speed control. ♦ • Self handrails and safety gates.
Boarding ramps designed with gradual
• Designed for all weather conditions and sloped inclines for wheelchair safety and cushioneo passenger entrance and
equipped with automotive running lights exit areas ensure passenger safety and
j and night lighting. • Designed-in protective aircraft interfaces Comfort
clear adjacent aircraft components during
• Additional safety features include toe
• Simple, accurate steering, automotive
operation.
boards. emergency stop button, and
braking, parking brake, and auxiliary pump w
• Self-leveling, anti-sway stabilizers audible alarn's
offer safe and easy operation. I.
withstand 90 mph f 14 km hr) winds.
• Unit capable of negotiating ramp grades of
up to 10% (creep speed). ° t
t i1
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CONTRACT AGREEMENT
FOR
THE PROVISION OF
ONE (1) LIFT USED TO BOARD
AIRLINE PASSENGERS
WITH MOBILITY IMPAIRMENTS
TO
ASPEN /PITKIN COUNTY AIRPORT
ASPEN, COLORADO
AIP Project
THIS AGREEM NT, made and entered
95" by
Colorado, h reinafter referred ti
Equipment Company Second Party,
"Contractor."
No. 3 -08- 0003 -11
i
into this day of
and between the County of Pitkin,
as the "County" and Wollard Aircraft
hereinafter referred to as the
The County and the Contractor, for consideration hereinafter set forth,
agree as follows:
AGREEMENT This Agreement between the parties shall consist of this
instrument and the following documents, which are attached hereto and
incorporated herein by reference, as if copied verbatim:
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a) Bidders Instructions and Bid Specifications for the Purchase
of One (1) Lift used to Board Airlinre Passengers with
Mobility Impairments for Use on the Aspen / Pitkin County,
Airport (Sardy Field)
b) First Addenda to AIP Bid Project #3 - 08 - 0003 - 11, One (1) Lift`
Used to Board Airline Passengers with Mobility Impairments,
,
dtd Feb 20, 1995;
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c) Bidder's Response and Technical Specifications for One (1) T�. F
Lift Used to Board Airline Passengers with Mobility
Impairments;
d) All insurance policies, letters of credit, or other forms of
surety.
al
Article 1. STATEMENT OF WORK The Contractor shall furnish all
labor and materials and perform all work to provide and deliver ONE (1)
i
LIFT USED TO BOARD AIRLINE PASSENGERS WITH MOBILITY IMPAIRMENTS , in
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accordance with all the terms and conditions of AIP Project No. 3 - 08 -
h
0003 - 11 and PITKIN COUNTY BID. He shall complete this work within one
hundred - eighty (180) calendar days from the effective date of the
Notice to Proceed. The Contractor hereby agrees to pay the County
liquidated damages in the amount of $250.00 per calendar day for each
day or part of a day for late delivery beyond the date here
,
established.
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Article 2. PAYMENT It is hereby further agreed, that at the
completion of the work and its initial 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 initial acceptance. Final acceptance cannot be made by
the County until any and all proper legal advertisements have been made
and a period equal to the warranty period of the equipment has
occurred. During which period the Contractor agrees to repossess the
machine and refund the full purchase price to the County, if after
giving the Contractor reasonable opportunity correct any deficiencies,
the County, in it's sole reasonable discretion, determines that the
equipment furnished does not meet the technical specifications or the
performance requirements of the contracting documents and makes such
demand to the Contractor. Such refund shall be made within thirty (30)
calendar days of receipt of the County's demand.
Article 3. CONTRACT DOCUMENTS 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 AIP Project No. 3 - 08 - 0003 - 11
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and PITKIN COUNTY BID and said "Documents" are hereby made a part of
this agreement as fully as if set out at length herein. In the event
that any provision of one contract document conflicts with the
f provisions of another, the Contract Document listed first below shall
govern, except as specifically stated. The various addenda, if any,
shall be construed in the order of reference of the component part of
the which each modifies.
1) Addenda
2) This Instrument
3) Invitation for Bid
! 4) Instructions to Bidders
5) Notice to Proceed
6) Notice of Award
7) Bid Proposal
8) Bidder's Response and Technical Specifications
9) Bid Bond
10) Performance /Payment Bond
Article 4. CONTRACT AMOUNT The total cost for the portion of AIP
Project No. 3 -08- 0003 -11 and PITKIN COUNTY BID covered by this Contract
thereof to be: Thirty - Two Thousand Dollars and no /100ths dollars
($ 32 . 000.00 .
1 Article 5. SPECIAL PROVISIONS The following special provisions
shall apply and the Contractor's performance shall be guaranteed by the
Contractor's surety:
WARRANTY REPAIRS:
1. The Contractor hereby warrants that for a period of industry
standard from the date of final acceptance he will, at his
i own expense and without any cost to the County, replace all
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defective parts and make any repairs to the machine that may
defective material
be required or made necessary by reason of
or workmanship. Where practicable, warranty repairs are to
be ma de 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 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
for these extended warranties
obligation to accept and pay
however.
EMERGENCY PARTS SERVICE
1. Emergency parts ordered from the Contractor shall be provided
elapsed time
direct to the County, within 48 hours maximum
the order during normal work ing hours (7:30
from placement of
am 5:30 pm Monday through Friday, holidays excepted) by the
County. If the order is received after normal working hours,
the 48 hour time clock starts at the beginning of the next
limit
•
received after the 48 hour t
day. orders time
to the Cc hipping charges
County, including s
shall be at no cost
.0 for each full
and the Contractor shall pay the County $100 0
24 hour period beyond the 48 hours until the parts are
received. The 48 hour requirement applies
only when the machine is operable or unsafe t o operate.
This requirement shall be valid only during the
Warranty Repairs period of the industry warranty
as specified
standard from the dat e of final acceptance
above.
PERFORMANCE BOND
1. The Contractor, shall furnish the County a Surety bond,
(issue d by a firm authorized to transact business as
Surety in the State of Colorado and approved by Pitkin
County) executed on forms provided by the County, in a
sum equal to 100% of the amount of the contract for the
term of his contractual relationship with the County,
to guarantee his performance in accordance with all the
provisions of the contract documents and the payment of
The
all materials, labor, equipment, rental etc.
their
bonding company shall furnish adequate copies of
in with the executed
Power of Attorney conjunction
bonds.
Article G. PITK E. This contractual
IN COUNTY PROCUREMENT COD
a ns of the terms and
gr and conditions
eement is subject to all terms
Procurement Code, and said terms
of the Pitkin County
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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 per-
formed, 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.
,
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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 1D. 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 attorney'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.
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Article 16. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF
.'
COUNTY.
A. The performance of work under the Contract may be terminated
by the County:
N
(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
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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
a•
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 constituted
A--
a valid commercial excuse, the performance shall be
revised accordingly and notice of default withdrawn; or
I 7
(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 therefor, and the effective date of such
termination. The effective date shall not be earlier than
s
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.
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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.
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(2) Place no further orders for materials, services or
facilities.
(3) Terminate all orders and subcontractors to the extent
1.
fir,
that they relate to the performance of work terminated
by the notice of termination.
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(4) With the approval or ratification of the County, settle
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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 accordance with this Contract.
D.
Termination Payment. After the effective date of a notice
of termination for the convenience of the County, the,.L�
Contractor shall submit to the County his termination claim
in the form of a final invoice, including costs incurred to
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the date of termination, and costs incurred because of
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termination, which termination costs shall not exceed 10% of
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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 and
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any costs paid shall not be a waiver of any claim, counter-
claim or set -off by the County against the Contractor on
account of any default. Such claim must be submitted
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promptly, but in no event later than thirty (30) days from
the effective date of termination, unless one or more exten-
sions 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
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time provided in Paragraph D., above and has failed to
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properly request extension, he shall have no such right of
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appeal. In any case where the County has made a
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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.
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Method of Appeal. If the Contractor disagrees with the
County's determination under Paragraphs D. or E., he can
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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 17. 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 18. 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
and 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 19. 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 this
Agreement and that he /she has full and complete authority to
enter into this Agreement for the terms and conditions specified
herein.
-'" Article 20. FAA GRANT APPROVAL The award of this contract
is contingent upon approval by the Federal Aviation
Administration (FAA) of a grant application by the County for 900
of the purchase price of the equipment stated herein. The County
warrants that such application has, or will be made to the FAA.
In the event that such grant of federal funds is not received by
the County, this contract shall be null and void.
Article 21. BREACH OF CONTRACT TERMS - SANCTIONS Any
violation or breach of the terms of this contract on the part of
the contractor or subcontractor may result in the suspension or
termination of this contract or such other action.which may be
necessary to enforce the rights of the parties of this agreement.
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Article 22. INSPECTION OF RECORDS The contractor shall
maintain an acceptable cost accounting system. The Sponsor, the
Federal Aviation Administration, and the Comptroller General of
the United States shall have access to any books, documents,
paper, and records of the contractor which are directly pertinent
to the specific contract for the purposes of making an audit,
examination, excerpts, and transcriptions. The contractor shall
maintain all required records for three years after the Sponsor
makes final payment and all other pending matters are closed.
Article 23. RIGHTS TO INVENTIONS All right to inventions
and materials generated under this contract are subject to
regulations issued by the FAA and the Sponsor of the Federal
grant under which this contract is executed. Information
regarding these rights is available from the FAA and the Sponsor.
Article 24. TRADE RESTRICTION The contractor or
subcontractor, by submission of an offer and /or execution of a
contract, certifies that:
a. is not owned or controlled by one or more citizens
of a foreign county included in the list of countries
that discriminate against U.S. firms published by the
Office of the United States Trade Representative
(USTR);
b. has not knowingly entered into any contract or
subcontract for this project with a person that is a
citizen or national of a foreign country on said list,
or is owned or controlled directly or indirectly by one
or more citizens or nationals of a foreign county on
said list;
C. has not procured any product nor subcontracted for
the supply of any product for use on the project that
is produced in a foreign country on said list.
i Unless the restrictions of this clause are waived by the
Secretary of Transportation in accordance with 49 CFR 30.17, no
— contract shall be awarded to a contractor or subcontractor who is
unable to certify to the above. If the contractor knowingly
j procures or subcontracts for the supply of any product or service
of a foreign country on said list for use on the project, the
- ! Federal Aviation Administration may direct through the Sponsor
cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract
resulting from this solicitation, it will incorporate this
- provision for certification without modification in each contract
and in all lower tier subcontracts. The contractor may rely on
the certification of a prospective subcontractor unless it has
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The contractor shall provide immediate written notice to the
sponsor if the contractor learns that its certification or that
of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor
agrees to provide written notice to the contractor if at any time
it learns that its certification was erroneous by reason of
changed circumstances.
This certification is a material representation of fact upon
which reliance was placed when making the award. If it is later
determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation
Administration may direct through the Sponsor cancellation of the
contract or subcontract for default at no cost to the government.
I Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render,
in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to
exceed that which is normally possessed by a prudent person in
the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction
of the United States of America and the making of a false,
fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code,
Section 1001.
Article 25. EQUAL OPPORTUNITY During the performance of
this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred as the "contractor ")
agrees as follows:
a. Compliance with Regulations. The contractor shall
comply with Regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation
(hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter
referred to as "the Regulations "), which are herein incorporated
by reference and made a part of this contract.
1 b. Nondiscrimination. The contractor, with regard to the
- work performed by it during the contract, shall not discriminate
of the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurement
i of materials and leases of equipment. The contractor shall not
i participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth
in Appendix B of the Regulations.
C. Solicitations for Subcontracts, Including Procurement of
Materials and Equipment. In all solicitations either by
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work to be performed under a subcontract, including procurement
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of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, or
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national origin.
d Information and Reports. The contractor shall provide
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all information and reports required by the Regulations or
directives issued pursuant thereto and shall permit access to its
books, records, accounts, other sources of information, and its
facilities as may be determined by the Sponsor or the Federal
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Aviation Administration (FAA) to be pertinent to ascertain
compliance with such Regulations, orders, and instructions.
Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish
this information, the contractor shall so certify to the sponsor
or the FAA, as appropriate, and shall set forth what efforts it
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has made to obtain the information.
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e. Sanctions for Noncompliance. In the event of the
contractor's noncompliance with the nondiscrimination provisions
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of this contract, the sponsor shall impose such contract
sanctions as it or the FAA may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the contractor under the
contract complies, and /or
t;
2. Cancellation, termination, or suspension of the
contract, in whole or in part.
f. Incorporation of Provisions. The contractor shall
include the provisions of paragraphs 1 through 5 in every
subcontract, including procurement of materials and leases of
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equipment, unless exempt by the Regulations or directives issued
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pursuant thereto. The contractor shall take such action with
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respect to any subcontract or procurement as the sponsor or the
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FAA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the
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event a contractor becomes involved in, or is threatened with,
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litigation with a subcontractor or supplier as a result of such
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direction, the contractor may request the sponsor to enter
in
such litigation to protect the interests of the sponsor and,
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addition, the contractor may request the United States to enter
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into such litigation to protect the interests of the United
States.
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Article 26. Buy American - Steel and Manufactured Products.
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The Contractor shall deliver only domestic st eel and manufactured
products under this contract as defined in the paragraph below.
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The following terms apply to this clause:
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a. Steel and manufactured products As used in this
clause, steel and manufactured products include (1) those
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produced in the United States, or (2) a manufactured product
produced in the United States, if the cost of its components
mined, produced or manufactured in the United States exceeds 60
percent ( %) of the cost of all its components and final assembly
has taken place in the United States.
b. Components As used in this clause, components means
those articles, materials, and supplies incorporated directly
into steel and manufactured products.
C. Cost of Components This means the costs for
nrnr3uctinn of the components, exclusive of final assembly labor
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INVITATION TO BID
AIP Project No. 3 -08- 0003 -11
Pitkin County will accept sealed bids at the Office of the Director of
Aviation, 233 East Airport Road, Aspen, Colorado, 81611, until 2:00
P.M. MST on Friday, February 24, 1995. At 2:00 P.M. on the same date
all bids will be opened publicly at the office of the Director of
Aviation. Bids shall consist of:
ONE (1) LIFT USED TO BOARD
AIRLINE PASSENGERS
WITH MOBILITY IMPAIRMENTS
Bids shall be submitted on the forms supplied by Pitkin County and
attached hereto.
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INSTRUCTIONS TO BIDDERS
1. a. A "bid" is a responsive, conforming, unconditional, complete,
(in ink or typewritten), legible and properly executed offer
on the form supplied to provide the equipment specified in
,
the Invitation to Bid (and Specifications) for the
compensation specified.
b. Bids must be submitted in sealed, opaque envelo es and
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submitted at the time and place designated in the Invitation
to Bid. Bid envelopes must be clearly marked on the front of
the envelope as a "Sealed Bid" with bid number designationf
and AIP Project No. 3 - 08 - 0003 - 11 as shown in the Invitation
to Bid and with name, contact person, mailing address and
telephone number of the bidder.
1. c. It shall be the responsibility of the bidder to insure that
the bid document is.in proper form and in the County's
possession by or before the time and date designated in
the Invitation to Bid. Bids will not be accepted after
the designated time and date. Any bids received late
will be returned to the bidder unopened, if possible. In
the event that it is impossible to determine who the bid
is from unless the bid envelope is opened, the bid
envelope will be opened, the address determined, and the
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envelope and bid returned immediately without being
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considered a bid.
1. d. If required in the "Invitation to Bid ", parties who request
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packages of bid documents may be required to pay a fee or
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place a deposit for the document package. All parties who
actually receive bid packages must sign a list and leave the
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name of the potential bidder, along with name of a contact
person, address and telephone number for the purpose of
dissemination of any addenda or bid information.
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1. e. If a mistake is made or discovered at or after the public
opening, the County reserves the right to determine which
party made the mistake and whether the mistake is material
and, after these determinations, the County, in its sole f
reasonable discretion, shall make the decision whether to
accept or reject the bid. No advantage shall be taken by
either party of manifest clerical errors or omissions in the f
Bid Documents or the Invitation to Bid or the Specifications.
All bidders are required to notify the County immediately of
any errors or omissions that may be encountered. (See
2.a. and 2.c., below)
1. f. Any interlineation, alteration or erasure must be initialed
by the signer of the Bid. If provided on the required Bid
i Form, the bid price of each item must be stated in numerals
j and words; in case of conflict, the words will control. In
the case of conflict between the indicated sum of any
addition of figures and the correct'sum, the correct sum will
control.
1. g. No reimbursement will be made by the County for any cost
incurred in the preparation of bid proposals, attendance at
equipment demonstrations or inspections, pre -bid conferences
or interviews.
2. a. If any person contemplating submitting a Bid is in doubt as
to the true meaning of any part of the Specifications or
other Bid Documents, or finds discrepancies, errors, I
ambiguities, inconsistencies, incompleteness, or omissions in
the Specifications or other Bid Documents or process, he /she
must submit to the Procurement Officer a written request for
an amplification, clarification, explanation or interpre-
tation or correction thereof. The Procurement Officer for
this equipment purchase is Carl (Lee) Remmel, A.A.E.,
Assistant Director of Aviation, Aspen /Pitkin County Airport,
233 Airport Road, Aspen, Colorado 81611. Phone # (303)
920 -5384. The person submitting the request will be
responsible for its prompt delivery.
2. b. Bidders may propose substitute equipment or components if
L such substitution is equal to or better than those called out
in the specifications and if the substitution has been
' submitted in writing at least five (5) days prior to the
public bid opening. The burden of proof of equality or
superior quality is on the proposer. If accepted as equal by
j the County in its discretion, the substitute will be
1 designated as an alternative on a formal addendum.
2. C. Any amplification, clarification, explanation, interpretation
or correction of the documents will be made only by written
Addendum duly issued and a copy of the Addendum will be
mailed or delivered to each person receiving a set of Bid
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Documents. Neither the County nor the Procurement officer
will be responsible for any information, representations,
clarifications, amplifications, explanations, or inter-
pretations of the Bid Documents not in written addenda.
The County reserves the right to call a pre -bid conference;
if called and conducted, a summary of the pre -bid conference
will be mailed to all parties receiving a set of Bid
Documents.
2. e. Any addenda issued during the time of the bid or proposal
process, or forming a part of the Contract Documents, shall
be covered in the Bid or Proposal, and shall be made a part
of the Contract. Receipt of each Addendum shall be
acknowledged in the Bid or Proposal.
3. a. Bids by corporations must be executed in the Corporate name
by the president or a vice- president (or their corporate
officer accompanied by evidence of authority to sign) and the
corporate seal must be affixed and attested by the secretary
or an assistant secretary. The corporate address and state
of incorporation shall be shown below the signature.
3. b. Bids submitted by partnerships must be executed in the
partnership name and signed by a partner, whose title must
appear under the signature and the official address of the
partnership must be shown below the signature.
3. C. All names must be typed or printed below the signature.
4. a. Bidder acknowledges that this bid is solicited and submitted
subject to the requirements of the " Pitkin County Procurement
Code," (Section 8.5 of the Pitkin County Home Rule Charter;
Resolution No. 82 - 37, April 12, 1982 - copies available upon
request for a nominal charge). As such, the Bidder agrees to
comply with all applicable requirements of said Procurement
Code relating to bidding, contract drafting and contract
administration. The requirements of the Procurement Code are
incorporated herein by this reference.
4. b. Bidders shall immediately notify the County Manager in
writing of any violation of said Code by the County's
employees or agents, which violation is known or should have
been known by the Bidder, and failure to so notify the County
of Violations within five (5) days of knowledge of such
violations shall disqualify the Bidder from award of the
contract being bid and shall be deemed as a waiver of any
action or defense that the Bidder may have against the County
by reason of such violation of the Procurement Code.
5. a. The submission of a bid shall be conclusive evidence and
legal admission that the bidder: (1) has no questions,
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complaints, or objections in connection with the Bid process
made by the bidder
and /or documents, subject to any requests
for amplification, clarification, explanation, interpretation
or correction pursuant to Paragraph 2.a and 2.c., above; (2)
the comp-
has no questions, complaints, or objections as to
detail of the Bid Documents;
leteness, sufficiency, scope or
and (3) has full knowledge of the scope, nature, quality and
quantity of the equipment to be provided and the performance
l criteria
therefore, the detailed requirements of the Bid
the site and conditions of
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Documents and Specifications,
delivery, the Pitkin County Procurement Code and applicable
Colorado laws.
5,
b. All bids will be publicly opened and read. No bids may be
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withdrawn after the beginning of the public opening.
discretion, may delay a bid
County, in its sole reasonable
for no longer than two (2) business days if weather
I
opening
or other circumstances beyond control of bidders results in
delay in the receipt of Bids. Bids may be withdrawn at any
„
time prior to the beginning of the Public Bid opening or
and delivered in a form
modified by a document executed
substantially similar to the Bid Form prior to the bid
opening.
5,
C. All bids submitted must be valid for a minimum of sixty
During this
(60) days after the date of the bid opening.
investigated, evaluated and
time, bids and bidders are
to the Federal Aviation Administration and the
submitted
Board of County Commissioners for approval at a regular
meeting if required.
6,
a. Bids will be awarded to the lowest responsible and respo e
guidelines
bidder complying with the terms, conditions,
in the Invitation to Bid and these
specifications presented
Instructions by the County. The County will submit the bid
award to the FAA for final approval.
6,
b. The County reserves the absolute right to conduct such
to assist in the
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investigations as it deems necessary
bid to establish the experience,
--
evaluation of any
responsibility, reliability, references, reputation,
qualifications and financial ability of the Bidders,
such
manufacturers and suppliers. The purpose of
the County that the Bidder has
investigation is to satisfy
resources and commercial reputation necessary
the experience,
to supply the specified equipment and to perform the
in with the
necessary warranty and product support accordance
in the prescribed manner and time.
Contract Documents
6,
C. The County, at its sole ratedemonstrate, atyarplaceeand
the apparent successful bidder to
designated by the County that the equipment bid meets
time
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the specifications or performance c.riteria or to
otherwise provide documented proof from independent reliable
sources acceptable to the County, that said specifications or
performance criteria will be met prior to final acceptance of
the bid. In the event that the apparent successful bidder
fails to demonstrate or provide acceptable proof of meeting
required specifications or performance criteria, that bid
will be rejected and the next eligible bidder in the
selection ranking will be invited to participate in the
same process until equipment meeting specifications or
performance criteria is found within the ranking of
eligible bidders. In the event that none of the
participating bidders can demonstrate or show proof of
meeting specifications or performance criteria, the County
resery es the right to reject any or all bids which in the
County's sole reasonable judgement is in the best interest of
the County.
6. d. Pitkin County reserves the right, if it deems such action to
be in the best interest of the County, to reject any and all
bids or to waive any irregularities or informal ities
therein. Any incomplete, conclusionary, false, or misleading
information provided by the Bidder shall be grounds for
rejection of the bid. If bids are rejected, the County
further reserves the right to investigate and accept the next
lowest bid in order of ranking, or to reject all bids and
re-solicit for additional bids.
6. e. Any questions or disputes involving the bids, bid documents
or bid procedure not covered by these Instructions or other
bid documents, shall be resolved by the above-named
Procurement officer on the basis of fairness, custom in the
industry, maximization of competition and best interests and
convenience of the County.
7. Issuance of Notice of Award, execution of Contract Documents
(whether by formal contract or by Purchase order) shall be as
specified in the Contract Documents and subject to approval by the
Board of County commissioners and the Federal Aviation
Administration.
8. a. All purchases of equipment, vehicles and supplies 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 84-78000-5k.
8. b. The County, in accordance with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252, 42 U.S.0 2000d to 2000d-4 and
Title 49, Code of Federal Regulations, office of the
Secretary, Part 21, Nondiscrimination in Federally assisted
programs of the Department of Transportation issued pursuant
to such act, hereby notifies all bidders that it will
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affirmatively insure that in any contract entered into
pursuant to this advertisement, it will not discriminate on
the grounds of age, sex, race, color, or national origin in
consideration for an award and that Disadvantaged Business
Enterprises (DBE) will be afforded full opportunity to submit
bids in response to this invitation.
9. a. The Contract Documents consist of the Invitation for Bids,
Instructions to Bidders, Bidder's Response and Technical
Specifications, Bid Proposal, Notice of Award, Contract
Agreement, Notice to Proceed, any addenda to the contracting
documents and Performance /Payment Bond, and Bid Bond, bound
together and labeled Bid and AIP Project No. 3 -08- 0003 -11,
are all a part of the contract.
9, b. No verbal agreements or conversations with any agent or
employee of the County or the FAA, either before or after
execution of the contract, shall affect or modify any of the
terms or obligations contained in any of the contract
documents.
9, C. If the contract awarded as a result of a bid extends beyond
the calendar year, nothing herein shall be construed as an
obligation by the County beyond any amounts that may be,
from time to time, appropriated by the County and the FAA on
an annual basis. It is understood that payment under any
contract is conditional upon annual appropriation of funds by
said governing body and the FAA and before delivery of
equipment, the Contractor, if he so requests, will be advised
as to the status of funds appropriated for the specified
equipment and shall not be obligated to provide equipment or
services for which funds have not been appropriated.
9, d. The successful bidder shall be required to furnish the County
a Surety Bond (issued by a firm authorized to transact
business as Surety in the State of Colorado and approved by
Pitkin County) executed on forms provided by the County, in a
sum equal to 100 percent of the amount of the Contract
awarded, for combined performance bond and the payment of all
labor, materials, rental, etc. The bonding company shall
furnish adequate copies of their Power of Attorney in
conjunction with the executed bonds. Contracts shall be
properly executed and delivered to the County before Notice
to Proceed will be issued. Proof of Surety shall be provided
in writing to the County, through the Procurement officer
within ten (10) days of issuance of Notice of Award.
10. a. The Contractor, (including by definition here and herein
below, the Contractor's employees, agents, officials,
representatives, subcontractors and suppliers), shall
release, discharge, indemnify and hold harmless the County of
Pitkin and its officials, employees, agents and
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representatives from and against liability for any claim,
demand, loss, damages, penalty, judgement, expenses, costs
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(including cost of investigation and defense), fees
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(including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for bodily
injury, death, personal injury or property damage arising out
1
of or in connection with any negligent act, intentional act,
error or omission by the Contractor and /or its officials,
employees, agents, subcontractors, suppliers and
..
representatives, or for any resulting liability alleged to
accrue against the County on account of the Contractor's
acts, errors or omissions; provided, however, that such'��.
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indemnity shall not be construed as an indemnity for bodily
injury or property damage arising from the sole negligence or
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intentional acts of the County or its employees.'`f
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10. b. The Contractor further shall investigate, process, respond
to, adjust, provide defense for and defend, pay or settle all
claims, demands or lawsuits related hereto at its sole
expense and shall bear all other costs and expenses related
thereto, even if the claim, demand, or lawsuit is groundless,
false, or fraudulent.
10. c. To fund this indemnity in whole or in part, the Contractor
shall secure and maintain for the term of its contractual
relationship with the County such insurance policies, from
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companies licensed in the State of Colorado, as will protect
itself, the County (with the County as named additionally
insured, and others as specified, from claims for bodily
41
injuries, death, personal injury, or property damage, which
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may arise out of or result from the Contractor's acts,
errors, or omissions. The following insurance coverage, at
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or above the limits indicated and such endorsements as are
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indicated by an "X", are required:
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(1) Statutory Workman's Compensation Colorado
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Statutory minimums
(2) Commercial General Liability:
-:
Bodily injury /Property Damage
Combined Single Limit $ 1,000,000
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Endorsements (checked as appropriate):
Comprehensive Form (all risks)
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Premises /Operations
Product /Completed Operations
Broad Form Blanket Contractual
(Hold Harmless coverage)
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Independent Contractors
and Subcontractors
Personal Injury, with Employment
Exclusion Deleted
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(3) Comprehensive Motor Vehicle Liability Insurance:
Bodily Injury /property damage
Combined Single Limit $ 500,000
Endorsements (checked as appropriate)
Any Vehicle
All Owned Vehicles
Hired Vehicles
Non -Owned Vehicles
Garage Liability
.
(1) Underwriters and insurers shall have no right of
recovery or subrogation against the County of
Pitkin, it being the intention of the parties that
the insurance policies so effected shall protect
both parties and be primary coverage for any and
all losses covered by the above - described
insurance.
(2) The clause "other insurance provisions," in a
policy in which the County of Pitkin is named as an
insured, shall not apply to the County of Pitkin.
10. d. To provide evidence of the required insurance coverage,
copies of Certificates of Insurance in a form acceptable to
the County shall be filed with the County (through the
Procurement Officer) as specified in the Notice of Award.
Failure to file or maintain acceptable Certificates of
Insurance with the County is agreed to be a material breach
of any contract and grounds for rescission or termination.
These Certificates of Insurance shall contain a provision
that coverage afforded under the policies will not be
canceled or materially altered unless at least thirty (30)
calendar days prior written notice by certified mail,
return receipt requested (effective upon proper mailing), is
sent to the County (through the Procurement officer).
10. e. In addition, these Certificates of Insurance shall contain
the following clauses:
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(3)
The insurance companies issuing the policy or
policies shall have no recourse against the County
of Pitkin for payment of any premiums or for
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assessments under any form of policy.
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.(4)
Any and'all deductibles in the above - described
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insurance policies shall be assumed by and be for
the amount of, and at the sole risk of the
Contractors.
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10. d. To provide evidence of the required insurance coverage,
copies of Certificates of Insurance in a form acceptable to
the County shall be filed with the County (through the
Procurement Officer) as specified in the Notice of Award.
Failure to file or maintain acceptable Certificates of
Insurance with the County is agreed to be a material breach
of any contract and grounds for rescission or termination.
These Certificates of Insurance shall contain a provision
that coverage afforded under the policies will not be
canceled or materially altered unless at least thirty (30)
calendar days prior written notice by certified mail,
return receipt requested (effective upon proper mailing), is
sent to the County (through the Procurement officer).
10. e. In addition, these Certificates of Insurance shall contain
the following clauses:
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(5) Location of operations shall be: "all operations
and locations at which work in connection with the
referenced Contract is done."
10. f. Certificates of Insurance for all renewal policies shall be
delivered to the Procurement Officer at least fifteen (15)
days prior to a policy's expiration date except for any
policy expiring on the expiration date of this Agreement or
thereafter.
11. a. Proposals shall be submitted on the forms contained in these
bid documents in the section entitled "Bidder's Response and
Technical Specifications" and supplied by the County. Bidding
instructions, conditions and complete specifications are
available at the Aspen /Pitkin County Airport, 233 East
Airport Road, Aspen, CO. 81611, phone (303) 920 - 5384.
11. b. All parts not specifically mentioned which are necessary in
order to provide a complete unit, shall be included in the
bid and shall conform in strength, quality of materials and
workmanship to what is provided to the trade in general. Bids
shall be in accordance with the attached specifications.
11. c. All legal documents and other paperwork necessary for
licensing, registration and operation (i.e., manufacturer's
Statement of Origin, body certification, weight slip,
application for title, odometer statement, bill of sale,
warranties etc.) if applicable, must accompany the equipment
at time of delivery. The County reserves the right to
withhold any or all payment due until these original
documents are properly completed and executed and are in the
possession of the County.
11. d. All equipment provided under these specifications shall be
delivered fully lubricated, adjusted and inspected, ready in
all respects for use in its intended service to the County.
Any failure of the equipment which results from use of the
equipment without proper servicing by the Contractor as
herein prescribed, shall be deemed the fault of the
Contractor. All parts and labor required to repair the unit
as the result of such failure shall be provided by the
Contractor on the County's designated premises in a prompt
fashion and at no cost to the County. If the Contractor
fails to provide such repairs in prompt fashion, the County
may cause such repairs to be made as may, in its sole
reasonable discretion, be required and the Contractor shall
reimburse the County in full for same. The failure of the
Contractor to perform such service shall in no way void or
shorten such warranties or guarantees otherwise applicable to
the equipment. Warranties or guarantees pertaining to parts
or labor furnished as the res ll t run for such a failure
warranty
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at the time installed an s a i
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period of the same amount of time as the original equipment
warranty, even if that time period extends beyond the
warranty period of the original equipment provided under
these specifications. "Contractor" is defined for the
purposes of these bidder's instructions and all other
contract documents associated with this bid as "the firm or
individual awarded the bid and all manufacturers, subcon-
tractors, suppliers and dealers utilized by the successful
bidder in providing the equipment specified, jointly and /or
severally."
11. e. If trade names id , t
Invitation to B bidding
Bid;
other makes and /or models that meet or exceed the minimum
specifications pursuant to, inter alia Sections 2.b, 6.c,
and 6.d, above.
11. f. Pitkin County
has not intentionally included any proprietary
items, components, features, circuits, devices or
requirements in these specifications which would preclude any
equipment manufacturer from producing equipment to meet these
specifications. Any bidder who believes that proprietary
requirements have been i nclude d inwritingsatcleasttfive (5>11
notify the Procurement officer in If the Procurement Officer
days prior to the bid opening.
finds the prospectiveand sentltonalloholders1
addendum will be published the bid
requirement in
document package, clarifying or modifying the
question to comply with the non - restrictive al of the
Pitkin County Procurement ecified criteria contained within
ratings and technically sp
these specifications are considered to be written within the
current state -of- the -art and are currently being met by
ment The fact that a
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commercially available equip
manufacturer chooses not to produce equipment to meet these
specifications, providing the above criteria are met, will
not be considered sufficient cause to adjudge these
specifications as restrictive.
a certified check or bid
12, a. Each bid shall be accompanied by
bond in a form acceptable to County,
condition to the
to 50 of the bid, payable without
a guarantee that the Bidder, if awarded the Contract, will
promptly execute the Agreement in accordance with the
Proposal and the other Contract Documents, faithful performance
good and sufficient bonds for the labor
contract and for the payment to all persons supplying parties
and material for the work. The Bid guarantie will be
ive except the three lowest the opening b of s Bidsp After execution
returned promptly aft
of the Contract and issuance of a Notice to Proceed, the
remaining two guaranties will be returned.
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13. a. Buy American Requirement. Unless otherwise approved by
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FAA, it will not acquire or permit any contractor or subcontractor to
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acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise
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compatibility for which funds are provided under this grant.
13. b. Buy American Certificate. By submitting a bid /proposal under
this solicitation, except for those items listed by the offeror or on
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separate and clearly identified attachment to this bid
/proposal, Y /proposal, the
offeror certifies that steel and each manufactured product is produced
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in the United States (as defined in .the clause Buy American - Steel and
Manufactured Products or Buy American - Steel and Manufactured Productsy;ts
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for Construction Contacts) and that components of unknown origin are
considered to have been produced or manufactured outside the United
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States.
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