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HomeMy WebLinkAboutbocc.con.102.2005 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Fleet Management Contact Person: Rego Omerigic Fleet Manager Phone #: (970) 92~0-5393 Project Name Tandem Axle Plow Truck__ Contract #: {a~,l ~ o~J 12/21/2004 BOCC AGENDA ITEM (BOCC signature required) X STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: None Informal X Formal Sole Source Emergency State Bid __ Check Contract Type: Dollar Amount: $95,528.00 Ledger Number 11153-0095-86650 Services/Maintenance License/Use Lease Construction X Goods, Equipment, Supplies Grant Agreements (Requires BOCC Action)(~ONTl:lA(~ __ Change Order/Contract Amendment Other Employment (for county employees) Intergovernmental Agreement (Requires BOCC Action) Non Profit __Quasi-Public STAFF AUTHORIZED SIGNA~ Contractor/Business (Complete Name): _Hanson Equipment Inc Contract Execution Date: ~ Contract End Date: At warranty expiration Automatic Renewal (Y/N): N__ Term of Contract: one year(s) All Contracts should be proofed for the following: · No Pages Missing · · If a Page is Left Intentionally · Blank - Note on Page · · Page numbered consecutively · · All Signatures Affixed · All Dates Filled In All Other Blanks Filled In All Exhibits Attached All Legal Descriptions Attached (if appropriate) Notice of Award/Proceed Attached (if aI~propriate) Sent to Clerk and Recorder for Scanning/Archiving .~,..~'f~ .~~ Date: o?./,~q t~u~hofi~ed St~ff Person Signature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. PUBLIC NOTICE REQUEST F. OR PROPOSALS FOR THE PURCHASE OF STAFF AUTHORIZED SIGNATURE TANDEM AXLE PLOW TRUCK Pitldn County is accepting proposals for the purchase of one (1) tandem axle plow tntck. More detailed information may Ve obtained by contacting: Rego Omefigic 76 Setx4ce Center Road Aspen, Colorado 970-920-5393 Proposals must be received at the above address no later than 4:00p.m MST, on March 23fa, 2005 to be considered. Published in the Aspen Times and Valley Journal: 03/12/05 and 03/12/05 2 PITKIN COUNTY, COLORADO REQUEST FOR PROPOSALS PROPOSER'S INSTRUCTIONS AND PURCHASE OF TANDEM AXLE PLOW TRUCK PROPOSALS MUST BE SUBMITTED NO LATER THAN 4:00 P.M., local time on March 23, 2005 REQUEST FOR PROPOSALS I. Introduction TANDEM AXLE PLOW TRUCK Pitkin County (hereinafter the "County") wig accept proposals f~om interested parties for the Pitldn County Tandem axle plow ~-ucl~ at 76 Service Center Road Aspe~ Colorado 81611. H. SPEcI/~ICATIONS Please seeEXIB1TA SELECTION PROCESS A. Submittals 1. Proposer shall submit three copies of their proposals for this project as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. The format for such proposals shall be as follows: a. The proposal must contain name, address, and daytime phone number(s) for person(s) to whom additional selection process requests should be commanicated; b. A proposed approach (basic description of how Proposer will proceed with this project), time-table for the project, and proposed method of compensation for services rendered; c. A statement of Qualifications of the Proposer; d. References; e. A completed Proposal Form; 2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondaw selection criteria, ffnecessary. 3. All Proposals shell be sent, and any and all questions or comments directed to the Procurement Officer as follows: Rego Omerigic, Fleet Manager 76 Service Center Road Aspen, CO 81611 4. All proposals m.~t be in a sealed envelope and clearly marked in the lower left-hand comer: "Proposals for Tandem Axle Plow Truck". All proposals must be received by March 23~ 2005 before 4:00p.m,MST at 76 Service Center Road Aspen, Colorado 81611, at which time they will be publicly opened. The County will not accept facsimile (faxed) proposals unless such a proposal is de~vered as follows: If a proposal or part of a proposal is to be delivered to the above address via a facsimile transmission (fax machine), it wil/be the resptnsibility of the Proposer to provide personnel to insure that the fax transmission is delivered in the required sealed envelope directly to the Procurement Officer by or before the date and time of proposal opening. The Procurement Officer or other staffmembers will not be responsible for insuring this timely delivexy. In the event of such fax transmission, the Proposer will be add/tionally responsible for providing an original, signed copy of the document ~nsmit~ed to the Office of the Procurement Officer no Iater thma two (2) working days after the date of transmission, and for the production of the required set of three copies. 5. During the Request for Proposal selection process, all proposals shall remain confidential. The en~e selection process (procurement) f-fie shall be opened to the public (which includes all proposers) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined tl~s to be the properly confidential under the State Open Records Act and other relevant statutes and regulations. B. Evaluation Criteria What is to be provided 1(~%) Availability 2(~%) Estimated Cost of Product, including Reimbursable 2(~.~%) Warrantee 1(~%) Delivery Date (10%) Ability to comply with specifications 1(~%) Co Time Line 1. 03/23/05 2. 03/24/05 Submittals returned to the County. The seleetiun committee meets to review and evaluate proposals; requests additional information, if necessary; "short lists," if necessary and notifies unsuccessful proposers, ffnecessary 3. 03/25/05 Announce top-ranked proposer. Begin contract negotiations. Notify unsuccessful proposers 4. 03/28/05 Notice of Award 5. 03/29/05 Notice to Proceed Selection committee Voting Membership Rego Onserigic James Gilliam Manual Gomez Legal Counsel, Ex-Officio Member County Attomey Commundcations between proposers and any members of the selection committee dunng the selection process, except when and in the manner expressly authorized by the proposal documents, is strictly prohibited. Violation of this requ(rement is grounds for disqualification 15om the process. PROPOSAL FORM Proposal Time: 4:00 P.M., Local Time Proposal Date: March 23, 2005 From: j~c~ ~ THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Rego Omerigic 76 Service Center Road Aspen, Colorado 81611 Tandem Axle Plow. Truck Pursuant to a request by the Pitkin County Cunanissioners, the undersigned proposer having examined the Cunttact Documents, including the site of the proposed work and being familiar with conditions surrounding the comm~ction of the proposed Project, including the availability of matemls and labor hereby proposed to fu_mish all labor, materials, supphes, services and supervision required to perform the work for the project identified above and listed below and as detailed in the Contract Documents for the sum off The lump sum of Dollars ($ ~?,., ...m~ ag~, cO)t~) The product to be dehvered by_ Description: · (BREAKDOWN OF SPECIFICS FOR PROPOSALS) It is further understood that the right is reserved by the Owner to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Conttact for the above stated work for the above compensation within the scheduled nmtually determined. The proposer hereby certifies: A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement of rules of any group, association, or corporation. B. That it has not directly or indirectly induced or solicited any other proposer to put in a false proposal. C. That it has not sohcited or induced any person, firm, or corporation to refxam from proposing. 6 The Proposer acknowledges receipt of Addenda's Nos. // The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this '~ _ day of /}k,'/',d~, 2005 (Oo.orateseal> T PROPOS%? _ _ SIGNATURES: If the proposal is being submitted by a Corporation, the proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. (Attach Additional Sheet for Suggested Cost SaVings Alternatives) (Revised 2/26/02) INSTRUCTIONS TO PROPOSERS FOR PITKiN COUNTY CONTRACTS For the Project Entitled: Tandem Axle Plow Track Date of Proposal Opening: March 23, 2005 A "proposal" is a responsive, conforming, unconditional, complete (in ink or typewriter), legible and properly executed offer on the form supplied to do the work called for in the Request For Proposals (and plans and specifications) for the compensation specified. For the purposes of this document and the procedures specified herein, a "proposal" shall be subject to the same procedural requirements and where only one such term is used, the other is to he implied, as applicable, unless otherwise noted. Proposals must be submitted in sealed opaque envelopes and submitted at the time and place designated in the Request for Proposals (RFP). Proposal envelopes must be clearly marked on the front of the envelope as a "sealed proposal" with the project name and the name, contact person, mailing address and telephone number of the proposer. It shall be the responsibility of the proposer to insure that the proposal document is in proper form and in the County's possession by or before the scheduled time and date of public proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any proposals received late will be returned to the proposer unopened, if possible. In the event that it is impossible to determine who the late proposer is unless the envelope is opened, the envelope will be opened, the address determined, and the envelope and proposer returned immediately without being considered a proposal. If specified in the Request for Proposal, parties who request packages of proposal documents will be required to pay a fee or place a deposit for the document package. All parties who actually receive packages must sign a list and leave the name of the potential proposer, along with the name of a contact person, address and telephone number for the purpose of dissemination of Addenda or additional proposal information. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the m/stake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the proposal documents or the Request for Proposals (and plans and specifications). All proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below). The signer of the Proposal must initial any interlineation, alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, or proposals, or attendance at a site inspection, pre-bid conference or interviews. No person, firm or corporation shall be allowed to make, file or be interested in more than one proposal for the same work, unless alternate proposals are called for. A person, firm, or corporation who has submitted a subproposal to proposer, or who has quoted prices on materials to a Proposer, is not hereby disqualified from submitting a subproposal or quoting prices to other Proposers. If any person contemplating submitting a Proposal is in doubt as to the tree meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Dra~vings or Specifications or the proposal process, he/she must submit to the Procurement Officer a ~witten request for an amplification, clarification, explanation, interpretation or correction thereof. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques called out in the plans and specifications and if the substitution has been submitted in writing at least ten (I0) days prior to the public proposal opening. The burden of proof of equality or superior quality is on the proposer. If accepted as equal by the County in its discretion, the substitute will be designated as an alternative on a formal addendum. 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 the Proposal Documents. Neither the Owner nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations oft he Contract Documents not in written addenda. The County reserves the right to call a pre-bid/proposal conference; if called and conducted, a summary of the pre-bid/proposal conference will be mailed to all parties receiving a set of Proposal documents. On request, the County will provide each Proposer access to the site to conduct, at Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements of 2.a. and 2.c., above. Any addenda issued during the time of the proposal process, or forming a part of the Contract Documents, shall be covered in the Proposal, and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal. If specified in the Project RFP, a request for qualifications may precede the RFP process. Each proposal, if required by the proposal documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County, in an amount specified, payable without condition to the County as a guarantee that the proposer, if awarded the Contract, will promptly execute the Agreement in accord- ance with the Proposal and the other Conttact Documents, and will furnish, if required by the proposal or contract documents, good and sufficient bonds for the faithful performance of the contract and for the payment to all persons supplying labor and material for the work (see 10.a, below). The Proposal guaranties of all parties except the three lowest responsive proposals will be returned promptly after the opening of Proposals. After execution of the Contract and issuance of a Notice To Proceed, the remaining two guaranties will be returned. Proposer also, if required by the Proposal Documents, will fully complete and submit with the proposal a Pitkin County Proposer's Qualification Statement, or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify proposers based on said qualification statements. Proposer also must submit with the proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such contractor or supplier, it shall notify the proposer and the proposer may then: (a) withdraw his proposal; or (b) substitute an acceptable contractor or supplier. If required by the Proposal or Contract Documents, subcontractors may be required to submit a Contractor's Qualification Statement. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other 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. Proposals by partnerships or limited liability companies ("LLC") must be executed in the parmership or LLC name and signed by a partner authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The State in which the entity was formed and whose law governs the entity shall be shown below the signature. All names must be typed or printed below the signature. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements of the "Pitkm 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 Proposer agrees to comply with all applicable requirements of said Procurement Code relating to bidding, contract drafting, contract administration and ethics. The requirements of the Procurement Code are incorporated herein by this reference. The proposer 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 proposer, and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the proposer from award of the Contract being proposed and shall be deemed as a waiver of any action or defense that the proposer may have against the County by reason of such violation of the Procurement Code. The submission of a proposal shall be conclusive evidence and legal admission that the proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or con-ection pursuant to Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the proposal documents including any and ail contract documents and required clauses and the plans and specifica- tions, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code, and applicable Colorado law. All proposals will be opened and read in public. No proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of proposers results in delay in receipt of proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening. All proposals submitted must be valid for a minimum period of sixty (60) days after the date of the proposal opening. During this time, proposals and proposers are investigated, evaluated, reconanended and submitted to the Board of County Commissioners for final approval at a regular meeting. Proposals will be awarded to the lowest responsible and responsive proposer complying with the terms, conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals, and these Instructions. Ail rights are reserved by the County to determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the project budget. Although price may be a major consideration in the award of contract, the County does not award on prices alone. The County also considers the quality of product as judged by the County; past experience with same proposers, subcontractors, products or suppliers; qualifications of the proposers and/or subcontractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations, all as specified in detail in the Project RFP. The County reserves the absolute right to conduct such investigations as it deems necessary to assist in the evaluation of any proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and fmancial ability of the Proposers and proposed subcontractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the Contract Documents in the prescribed manner and time. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the Cotmty, that the proposal meets the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the proposal. The burden of proof of such a demonstration is on the Proposer. In the event that the apparent successful proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible proposer in the selection ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible proposers. The County reserves the rights to reject any or all proposers or to otherwise accept the proposal which in the County's sole discretion is in the best interest of the County. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all proposals or to waive any irregularities or informalities therein. Any incomplete, conclusionary, false or misleading information provided by proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional proposals. Any questions or disputes involving the documents or procedures not covered by these Instructions or other proposal 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. Issuance of Notice Of Award, execution of Contract Documents and issuance of a Notice To Proceed shall be as specified in the Contract Documents and subject to approval by the Board of County Commissioners. Contracts will be executed on standard Pitkin County Contract documents including the County's "Required Clauses" and/or by separate agreement with the proposer. Copies of any applicable standard forms are included with the proposal documents. The County reserves the right to negotiate with the proposer for contract terms not specified in the Proposal Documents. If the contract awarded as a result of a proposal 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 on an annual basis. It is understood that payment under any contract is conditional upon annual or supplemental statutory appropriation of fimds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. (Revised 2/26/02) REQUIRED CLAUSES For purposes of these required clauses, "Contractor" means the proposer or other party who may eventually enter into a contract with the County. The Proposer shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW The contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Ordinance # 00-18, approved April 26, 2000). As such, the Contractor agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered a breach of this Agreement. Further, such failure to notify the County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or Subcontract, or to any solicitation or proposal therefor. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a subconlxactor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. Conflict of Interest Prohibited. No official, officer, employee or representative of the County during the term of this Contract or one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest prescribed in this Contract shall be made a condition of and conspicuously set forth in every sub-contract and solicitation therefor. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to: ( 1 ) Terminate this Contract without liability by the County; (2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and (4) Recover such value from the other offending parties. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) Pursuant to local, state and/or federal anti-discrimination and affirmative action programs, contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises (DME~MBE/WBE). In connection with the execution and administration of this Contract, and any subcontracts, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, handicap or status as a veteran. In connection with the performance of this Contract, the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged, minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work, if any, under this Contract. The Contractor will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty (50) or more employees or it is participatmg in contracts with the County which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the County when requested by the County Attorney's Office within ten (10) days after selection. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract, Pitkin County shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (~) (2) Withholding of payments under the Contract until the Contractor complies, and/or Cancellation, termination, or suspension of the Contract, in whole or in part. 4. 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 constituted 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 convenience. 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 the date of hand-delivery or the date of mailing of the notice, plus three (3) business days. The notice of tern'fination shall be sent regular first-class mail to the address of the Contractor herein provided. Termination Procedure. After the effective date of the notice of temfination 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 compensable or reimbursable in whole or in part in accordance with this Contract. Terrmnation 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 in accordance with the provisions in "Method of Payment," 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 and 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 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 deteninned. Termination Settlement. Subject to Paragraph 4.D., 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. Remedies. The Contractor shall have the right of appeal from any determination made by the County under "Terunnation for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.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 '14 under Paragraphs 4.D. or 4.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. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.D. or 4.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 or submits a demand for arbitration if required by the Contract Documents. 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 unless the contract is for goods or services ora value less than $25,000, no County official or employee, other than the Board of County comrmssioners 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 con- tract must be in writing and be executed by the parties hereto. With respect to change orders under the Contract, the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Contract, subject to the requirements of the Procurement Code and the Finance Office. INDEMNITY The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representa- tives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, how- ever, that such indemnity shall not be construed as an indenmity for bodily injury or property damage arising from the sole negligence of the County or its employees. 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 ex- penses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. EXEMPTIONS AND PREFERENCES All purchases of construction or building or any other materials for any Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. Pursuant to state statnte and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. 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 determming, by accepted accounting and auditing standards, compliance ~vith all provisions of the Contract and applicable law. 10. 11. 12. 13. 14. 15. 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 or transfer its interest or obligations hereunder without the written consent of the other party, wtfich consent shall not be unreasonably withheld. 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. 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. 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. NOTICES Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be sent certified mail, return receipt requested, and shall be effective upon receipt or three (3) business days after mailing, whichever is first. GOVERNMENTAL IMMUNITY Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. sea., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in these Required Clause or any other Contract Document shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. CURRENT YEAR OBLIGATIONS The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of this agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitldn County within the meaning of any constitutional or statutory debt limitation. This agreement shall not directly or indirectly obligate PitlCm County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. Date: NOTICE OF AWARD TO: The Owner, having duly considered the Proposal submitted on , for the work covered by the Contract Document titled in the amount of and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement within ten (10) consecutive days from and including the date of this Notice of A~vard. PITKIN COUNTY By:. Rego Omerigic, Fleet Manager ..... ACCEPTANCE OF NOTICE: Receipt of the above Notice of Award is hereby acknowledged By this __ day of Title · 2005. 17 Contract Date: Contractor: NOTICE OF FINAL ACCEPTANCE This is to certify that all of the work required under the above-referenced contract, (as amended), has been completed; that the work has been inspected by Pitldn and has been found to comply with the terms and conditions of Contract Documents governing the same. Therefore, all work under the above Contract is accepted on behalf of Pitkin County as of the date written below. Notice of Final payment will be advertised (date) and f'mal payment will be made on (date). Dated: Date upon which warrantee is to start. Pitkin County Board of County Commissioners By:. Rego Omerigic, Fleet Manager Contractor: date: CONTRACT AGREEMENT FOR THE PURCHASE OF GOODS THIS AGREEMENT is made and entered into this day of March~ 2005 (the "Agreement"), by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter"Buyer") and ~/_ll. llt~l/ ~qtj!,Osoaa~t- ~.~g. , (hereinafter "Vendor"). 1. INTENT OF CONTRACT. The intent of this Contract is to provide the following Goods (the "Goods") to the Buyer in accordance with the Contract: TANDEM AXLE PLOW TRUCK EXHIBIT A: specifications EXHIBIT B: proposal form dated 2.. CONFORMITY WITHPLANSANDSPECIFICATIONS. The Goods shall be provided in conformity with any provided Technical Specifications. If the Procurement Officer finds the Goods to be faulty following delivery and acceptance, or not in accordance ~vith the Technical Specifications, the Goods shall be replaced or otherwise corrected at the expense of Vendor. CONTRACT TIME AND LIQUIDATED DAMAGES 3.1 Deliver? and Acceptance of Goods. 3.1.1 Deliver? of Goods. Goods shall be delivered by Vendor to the Buyer at the following place and time: 3.1.2 Acceptance of Goods. Delivery of Goods shall be complete only upon acceptance by Buyer. Acceptance by Buyer shall allow time for inspection of Goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the Goods, together any and all other documents evidencing such ownership and title to the Goods. The Goods shall be delivered to Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this Contract. 3.1.3 Risk of Loss. At all times prior to delivery and Buyer's acceptance of the Goods, Vendor shall bear any and all risk of loss of or damage to the Goods. During such period, Vendor shall insure the Goods for loss or damage in amounts and under appropriate terms. 3.1.4 Liquidated Damages. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver Goods on time, (for delay and not as Penalty) in the amount of $100.00 per calendar day for each day or part ora day that Goods are not delivered on the date and time established in accordance with this Contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. 2O 4_2} Tel~u~ofWarmntvandRep~tv. The Vendor hereby wartanu that for a p~ / It~,', aftex Goods axe placed /n serv~ce~ Vendor will, ~t Vendor's own witlio~ axty cost to the County, rephce all defective parts and make a~y xepa~s to the Ooods ' be reqmred ox made ne.c~ssary by reason of defective material or workmanship Where prl wan'anty repairs are to be made in the field~ however, in the event of ma]or repa=s, the mac. be wansponed to Vendor's facality at no cost to thc County. 4 3 Extended Warranties. ~ addition to the above, the County may avail Vendor's standard a~]/or ~ed warranties, ffin the best inxcr~st of'the Cot~lry. The offer to the Couaty a~y extended warramies, which may be available ~rom the tm~ of delivexy, or any subsequent extolled waxramies, for winch the Coumy may be eliglb'. become av~lable thereafter. The County is tmdex no obhgauon to accept and pay for these. wmrtenties however. PAYMENT 5 I Time of Pa enr. ~ paymcn~ shall occur upon delt~c%, and accepxance of ( accordance with this Con~racL 5.2 Arnotul/ of Pa n · Offset In conslderaUon ~f dchvcry and acc~ce of ~e. ~yer m accox~c ~ ~ Con~cg ~u~ ~ay V~do~, ~d Vendor a~ees to acc ~ ~d o~y co~e~a~, ~e stated s~ of ~~ b~ ~y pa~t by ~e Co be offse~ by ~y ~m ~ Vendoz owes ~ Co~ for ~y r~o~ ~A~ON OF CO~ 6 1 ~ceHa~on. Buyer ~s ~e ~ to c~cel ~ Con~acx f~ ~y ~, ~~ no,ce m ~rc~er. P~ce of~ Con, aa ~s subJeCt to appro~ 6.2 T~m~-uon for Breach of Conlract. A~y v~ohdon or bxeach ofxhs Con=a~ by V~ re~t m s~pc~mn or ~on of~ Contract by Buy~, or such o~er ac~on ~cess~ ~( ~e nghu of Buy~, hemedtes U on Defxult Whenever Vendor shall default in pcrformunce of this Cc accordance with its tcrnU, Buyer shall be euntlcd to ~mt tbr damages, specific perfo~ or othex reliefin ]aw or equity. 7. NOTICE. Any wri~en notice xeqaked by r.~s Contract shall be deemed delivered when ( dehvered; (B) faxed xo the fax nunfl~er below ~th '~cfifica~.on of such t~ansrmssmn; or (C) thrcc (3) business t such noace ~s deposited in U.S. certified fixs~ class r~il (~enu~ ~ecelpt requested), postage pxepmd, add~ follows: To P~flcm County. P, ego Omerigic 76 Service Center ~.oad Aspen CO, 81611 Fmx. 970-920-576~ To V~dor. Address CID,, Sxaxe Z~p nod of hat may :Ucable, me z~y of thc at the which tended ods m .ood~ to tuty n~v upon dor may enforce ays after 2t The parties to this Agreement may from time to time change the names and addresses above for the purposes of receiving notice by informing the other party in writing of such change in the same manner as specified for giving notice at paragraph 9 notice above. ASSIGNMENT AND THIRD PARTIES. 8.1 Assignment by Vendor. Vendor shall not at any time assign its rights or delegate its duties under this Contract or any part thereof without written consent of Buyer. 8.2 No Third-Party Beneficiaries. This Contract does not create in or bestow upon any other person or entity not a party to this Contract any right, privilege or benefit unless expressly provided in this Contract. (See General Provision 30-09). MISCELLANEOUS PROVISIONS 9.1 Pitkin County Procurement Code. This Contract is subject to all terms and conditions of the Pitkin County Procurement Code, and said terms and conditions are hereby incorporated into this document by this reference. 9.2 Governing Law. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9.3 Attome¥ Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney" fees. 9.4 Headings. The section headings contained in this Contract are for convenience in reference and are not intended to define or limit the scope of any provision. 9.5 Time is of the Essence. Time is of the essence in this Contract. 9.6 Non-Waiver, Waiver by either party of, or the failure of either party to insist upon, the strict performance of any provision of this Contract shall not constitute a waiver of the right, or prevent any such party from requiring the strict performance of, any provision in the future. 9.7 Severabilitv. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Contract, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice Vendor or Buyer in their rights and obligations contained in valid covenants, conditions or provisions. 9.8 Effect of Contract. All covenants, conditions and provisions in this Contract shall extend to and bind the successors of the parties hereto, the assigns of Buyer, and the penmtted assigns of Vendor. 9.9 Notices. Notices and demands provided for herein shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, or by hand delivery, to the addresses set forth above, or by facsimile transmission to the fax number set forth above. 10. ENTIRE AGREEMENT. This Contract embodies the entire agreement between the parties concerning the subject matter and supersedes all prior conversations, proposals, negotiations, understandings and agreements, whether written or oral. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date tn'st set out herein above. VENDOR: PITKIN COUNTY COLORADO 22 P--ECOM/vfENDBD FOR APPROVAL: V R~go Omengic, £,egt l~amger ' l-l~l.ry Fle~c~k-Smi~hCo tmry lVl~g~r D~I EXHIBIT A Pitkin County Fleet Management 76 Service Center Road -Aspen, Colorado 81611 (970)-920-5393 fax (970) - 920-5764 SPECIFICATIONS FOR TANDEM AXLE PLOW TRUCK Submit with yom: bid with complete specifications on the unit you propose to furnish. (PLEASE LIST MEETS, EXEEDS OR DEVIATES FROM SRECIFICATIONS!) Pi;kin County will txade existing unit #22 a1995 International 2574 dump thick 1. PERFORMANCE REQUIREMENTS The completed combined unit, (i.e., the specified truck with all attachments mounted and ready for operation), loaded to legal capacity (66,000 lbs. Gross vehicle weight) shall be capable of, with an Allison transmission of climbing ramps, highway grades and secondary roads with a minimum grade of 40% in low gear at peak torque and a minimum acceptable startability grade of 53%. A minimum gradability of 1.00% at 66.3 MPH at top end performance of the truck in top gear at peak torque and RPM. Top speed shall be 75 MPH. All performance data is to be supplied at bid opening for gradability performance, engine and drive train performance and technical specifications. These performance criteria supersede all other listed specifications. 2. TRUCK CHASSIS The truck chassis shall be a tandem axle, tandem drive, and conventional cab non- sleeper. The truck frame shall be one piece or c-wrapped and meet an RBM of 3,200,000 inches per pound minimum. Front mounted frame extension for PTO application. 3. ENGINE The engine shall meet all performance criteria for torque, horse power and engine RPM listed in the performance specifications. The engine shall be electronically controlled with self-diagnostic capability. Electronic and computerized system shall be capable of diagnoses and programming with a standard lap top computer using a standard data link. The engine shall be a turbo charged after cooled engine with electronic auto shutdown. CAT or Cummins engines are preferred. 4. TRANSMISSION The transmission shall be a series 4500 RDS Allison with built in retarder and meet or exceed the torque and HP rating of the engine, no exceptions. 5. FRONT AXLE Minimum, Spicer 22,000 pounds self-adjusting air brakes with front shock absorbers, oil lubricated wheel bearings or equal. 6. REAR AXLE 46,000 pounds, single reduction, with power divider. Eaton differentials (no exception) with magnetic drain plugs. Ratio: to meet performance criteria. Driver controlled main locking differential in rear-rear axle. 7. REAR SUSPENSION EXHIBIT A Shall be a Hendrix 462, 46,000-pound or equivalent. 8. WHEELS AND TIRES Front tires shall be two (2) size, 385/65 R22.5 with steel one piece wheels. Rear tires shall be eight (8) size, 11R 22.5 with mud and snow rating. The bidder shall include one spare tire and wheel for the front and one spare tire and wheel for the rear. 9. BRAKES Front and rear axle brakes shall be cam self adjusting and utilize four 30/30 spring brake chambers on the rear axle. Bidder may substitute air disc brakes if required. The air break system shall have Bendix self-diagnostic four or six-channel antilock breaking system. Traction control can be added as an optional bid item. Rear brake chambers must be positioned to not interfere with dumping or loading into pave and chip seal machines. 10. AIR SYSTEM 16.2 C.F.M. Compressor, Bendix "System Guard" AD-9 heated air water separator, automatic Bendix heated drain valve on supply (wet) tank, air application gauge for service breaks. 11. EXHAUST Shall include a muffler, single vertical stack with heat shield, turn out on top and grab handle if required. 12. ELECTRICAL 12 Volt with three (3) or (4) low maintenance 300 cold cranking amp batteries, battery box shall be completely enclosed with steel on bottom, sides and front with an aluminum box cover. Electrical system shall have a master disconnect from the batteries. Circuit breakers in place of fuses shall be used when practical. A minimum 130-amp alternator shall be used. An electrical body building harness shall be supplied for body up fitter. Four in cab switches shall be mounted, powered and left unutilized for up fitter. 13. FRONT END Two (2) from tow hooks mounted on frame. Tilt hood with stationary radiator and incorporated bug and debris shield. Heavy-duty front bumper. 14. COOLING SYSTEM Heavy-duty copper core radiator with permanent antifreeze and a protection rating of -40 degrees F., silicone radiator and heater hoses. A desiccant conditioning filter shall be used on system. 15. FUEL SYSTEM One or two tanks with a minimum capacity of 80 gallons, with a left hand step on tank, dual spin-on fuel filters with a water separator. 2 EXHIBIT A 16. CAB Cab shall be an air ride cabin and be equipped with an air ride high back operators cloth seat, and a non air ride passenger's cloth seat. Cab shall be equipped with duel visors, duel grab handles, duel arm rests, duel power adjusting West Coast full view heated mirrors, power windows, tilt and telescoping steering column, factory installed air conditioning, duel seat belts, tinted glass, 8# fire extinguisher, AM/FM radio with CD player, emergency triangle kit, intermittent wipers and heavy duty defroster. Cab shall also have full instrumentation including; speedometer/odometer, hour meter, transmission and engine oil temperature, manifold pressure, exhaust pyrometer, engine oil pressure, coolant temperature with warning lights and audible alarms, fuel quantity, voltmeter, tachometer, air restriction gauge, main air pressure with alarm and brake application pressure gauges. (Note; power windows can be air or electrically operated). 17. EXTERIOR COLOR Shall be white with clear coat and blue stripes from hood to back of cab. 18. LIGHTS AND WIRING At the time of delivery to Pitkin County, this equipment shall meet or exceed all federal, state and local lighting and noise standards. In addition all wiring shall be color-coded and numbered. The manufacture shall provide all wiring schematics for additional controls and up fitting. All wiring splices shall be made through sealed junction boxes, butt splices and scotch locks will not be permitted. Additionally, there shall be a strobe light system powered by a single power unit ~vith a control panel to individually switch each strobe. Also two (2) flashing strobe beacons mounted on the top of the truck cab, one amber (mounted on driver's side) and one blue (mounted on passenger side). Also two amber strobes shall be mounted at the rear of the truck in appropriate spots. Type of strobe system is to be supplied at bid opening. All wiring shall be protected from rubbing, chaffing and outside elements. 19. HYDRAULIC SYSTEM Main hydraulic pump shall be a parker P350 or equitant, mounting shall be SAE type "C" 2 bolt mount and be driven by the engine crankshaft. Pump shall be rated at 3000 PSI at 3000RPM continuous duty. Hydraulic reservoir shall be a minimum of 30 gallons with baffles and a visible sight gauge. Hydraulic tank will have a filter breather, screened inlet under chained cap, drain valve, shut off valves on inlet and return, electronic low level sender wired to audible and visual alarm in the cab. The system shall incorporate a high-pressure filter that can be changed without emptying the tank. The plow and bed hoist system will be controlled by an air operated PHT INC, model TCP series console, mounted on a swivel pedestal. The sand spinner and conveyer controls will be manually controlled by a PHT INC, model MS 204, mounted to the TCP console. Light switches, PTO switch, tailgate switch, sander on/off switch and tarp switch will be mounted with or on the TCP controller. A PHT INC PC 25 5 bank stackable valve unit will be incorporated. All electrical coil operated valves shall have a manual pushpin overrides; all air-operated valves shall have manual lever overrides. EXHIBIT A 20. SNOWPLOW PUSH FRAME The snowplow push frame shall consist of a 3/4" thick X 5" wide oscillating bar, fitted with (2) two 3/4" thick drive ears on 30-1/2" centers. Snowplow push frame shall allow truck hood to tilt forward for easy access to engine. The mounted snowplow push frame will be used to mount a Monroe Model MP41R12-ISST that Pitkin County currently uses; bidder will not be required to bid on plow. 21. DUMP BODY Shall have a capacity of not less than 12 cubic yards, and be a Viking model PL- 1415-LW or equivalent. Dump body shall have a single main hydraulically controlled conveyer with gearbox to dispense materiel to a single hydraulically controlled cross conveyer with an integral spinner mounted in front of the drivers' side front axle. Spinner motor shall have quick couplers for removal. The multipurpose dump body shall be capable of sanding in winter and rock hauling in summer. Controls for the dump body shall be incorporated with the main hydraulic system, and include a warning device when bed is lifted. Dump body shall have one light attached to frame or bed for cross conveyer illumination. Rear lighting group shall be incorporated with strobes as stated in the LIGHTS AND WIRING section. 22. DUMP BODY PAINT Dump Body shall be white, frame and undercarriage shall be black and corrosion protected to the latest manufacturing standards. 23. SERVICE MANUALS AND PARTS BOOKS Shall include truck chassis and engine, one operator's manual, one shop and service manual and one parts manual. Body and hydraulic system shall include one service manual and one parts manual. Bidder shall provide price and all information for standard diagnostic systems including programs that can be assessed by laptop computer. 24. WARRANTY All the above-specified units shall be covered by factory warranty at manufactures standard minimum. Bidder shall provide extended or optional warranty pricing in bid package. Where practicable repairs will be made in the field or at the Pitkin County Fleet facility; however major repairs may require transporting the unit to the vender at no cost to the County. All warranty repairs made by Pitkin County employees will be reimbursed to the County. 25. TRAINING The contractor shall be required to provide training in the maintenance and operation of the specified unit to a minimum of one operator and one maintenance technician of the County's employ to the County's satisfaction, with a minimum of one working shift. 4 EXHIBIT A BIDDERS RESPONSE TO SPECIFICATIONS PLEASE LIST MEETS, EXEEDS OR DEVIATES FROM SRECIFICATIONS! 1. PERFORMANCE REQUIREMENTS: 2. TRUCK CHASSIS: 3. ENGINE: 4. TRANSMISSION: 5. FRONT AXI,E: 6. REAR AXLE: 7. REAR SUSPENSION: 8. WHEELS AND TIRES: 9. BRAKES: 10. AIR SYSTEM: 11. EXHAUST: 12. ELECTRICAL: 13. FRONT END: 14. COOLING SYSTEM: 15. FUEL SYSTEM: 16. CAB: 17. EXTERIOR COLOR: 18. LIGHTS AND WIRING: 19. HYDRAULIC SYSTEM: 20. SNOW PLOWPUSHFRAME: 21. DUMP BODY: 22. DUMP BODY PAINT: 23. SERVICE MANUALS AND PARTS BOOKS: 24. WARRANTY: 25. TRAINING: ~ INTERNATIONAL~ Financial Summary 2006 7600 SFA 6x4 (SF547) (USA DOLLAR) March 30, 2005 Description Price Factory List Prices: Product Items Service Items Total Factory List Price including Options: Total Goods Purchased: Prep and Delivery Total Preparation And Delivery: Freight Charge Total Freight: Total Factory List Price Including Freight: Less Customer Allowance: Total Vehicle Pdce: Total Body/Allied Equipment: Total Sale Price: Total Per Vehicle Sales Price: Less Trade-In Allowance: Net Sales Price: Approved by Seller: Official Title and Date Authorized Signature This proposal is not binding upon the seller without Seller's Authorized Signature. $154,740.00 $0.00 $400.00 $1,450.00 $154,740.00 $3,425.5O $400.00 $1,450.00 $160,015.50 ($66,570.50) $93,445.00 $42,283.00 $135,728.00 $135,728.00 ($38,000.00) $97,728.00 AutHorized Signature and Date Official Title and Date 11 Proposal: 81