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HomeMy WebLinkAboutbocc.con.113.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 113-2006-219 Originating Department/Division: Fleet Management Contact Person: Rego Omerigic, Fleet Manager Phone #: 970-920-5393 Project Name All Wheel Drive Articulated Frame Motor Grader o BOCC AGENDA ITEM (BOeC signature required) XSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: DNone DInformal Formal X Sole Source DEmergency DState Bid D Check Contract Tvpe: Dollar Amount: $27,000,00 for 24 month lease including trade of $45,0000,00 for 219 Line Item/Ledger Number 11153-00952-86650 Budget DServices/Maintenance DLicense/Use DLease DConstruction X Goods, Equipment, Supplies DOther (e.g. revenue) DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Contractor/Business (Complete Name):Wagner Equipment Company Contract Execution Date:07/03/2006 Contract End Date: 2 years after delivery Automatic Renewal (yDNOX) Term ofContract:2year(s) All Contracts should be proofed for the following: X No Pages Missing X If a Page is Left Intentionally Blank -Note on Page X Page numbered consecutively X All Signatures Affixed X All Dates Filled In X All Other Blanks Filled In X All Exhibits Attached X All Legal Descriptions Attached (ifappropriate) X Notice of Award/Proceed Attached (ifappropriale) X Special Instructions for Finance Department: This purchase has been changed to a lease for two years and remaining money carried over. X Sent to Clerk and Recorder for Scanning/Archiving X Authorized Staff Person's Name: Rego Omerigic , Wi..... /' PUBLIC NOTICE /' , REOUEST FOR PROPOSALS REQUEST FOR PURCHASE OF ALL WHEEL DRIVE, ARTICULATED FRAME MOTOR GRADER Contract #113-2006-219 Pitkin County is accepting proposals for the purchase of one (1) all wheel drive. articulated frame motor 2rader. More detailed information may be obtained by contacting: Rego Omerigic 76 Service Center Road Aspen, Colorado 81611 970-920-5393 rego@co.pitkin.co.us Proposals must be received at the above address no later than 4:00 p.m. MST, on Thursday June 15th, 2006 to be considered. Published in the Aspen Daily News on May 29 and June 5, 2006 CoulIly Weh~[Jage. and/or Demand Star j- 1 PITKIN COUNTY, COLORADO - REQUEST FOR PROPOSALS PROPOSER'S INSTRUCTIONS AND PURCHASE OF ONE ALL WHEEL DRIVE, ARTICULATED FRAME MOTOR GRADER PROPOSALS MUST BE SUBMITTED NO LATER THAN 4:00 P.M., local time on June 15",2006 2 3 .;~ - . '........ REOUEST FOR PROPOSALS L INTRODUCTION ALL WHEEL DRIVE. ARTICULATED FRAME MOTOR GRADER Pitkin County (hereinafter the "County") will accept proposals from interested parties for the Pitkin County all wheel drive, articulated frame motor grader, at 76 Service Center Road Aspen, Colorado 81611. II. SPECIFICATIONS Please see EXlBIT A III. SELECTION PROCESS A. SubmittaIs 1. Proposer shall submit three (3) 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 communicated; 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. How the bidder will provide product support; e. A completed Proposal Form; 2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary. 3 l{ 3. All Proposals shall be sent, and all questions must be submitted in writing and directed to the Procurement Officer as fo 1I0ws: Rego Omerigic, Fleet Manager 76 Service Center Road Aspen, CO 81611 rego@co.pitkin.co.us 4. All proposals must be in a sealed envelope and clearly marked in the lower left-hand comer: "Proposals for ALL WHEEL DRIVE, ARTICULATED FRAME MOTOR GRADER ". All proposals must be received by June 15th. 2006 ou or before 4:00 p.m.. MST. at 76 Service Center Road Asoeu. Colorado 81611 at which time they will be publicly opened and read in name only. The County will not accept fucsimile (taxed) proposals unless such a proposal is delivered as follows: If a proposal or part of a proposal is to be delivered to the above address via a fucsimile transmission (tax machine), it will be the responsibility ofthe 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 staff members will not be responsible for insuring this timely delivery. In the event of such tax transmission, the Proposer will be additionally responsible for providing an origina~ signed copy of the document transmitted to the Office of the Procurement Officer no later than two (2) working days after the date of transmission, and for the production of the required set of three (3) copies. 5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file 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 this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations. B. Evaluation Criteria Ability to meet specifications (2oolo) Guaranteed buy back price (20%) Estimated Cost of Product (2oo/.) Length and cost of Warrantee (10%) Delivery Date (10%) Amount oftrade given (20%) C. Time Liue 1. (06/15/06) Submittals returned to the County. 4 J 2. (06119/06) The selection committee meets to review and evaluate proposals; requests additional information, jfnecessary; "short lists," jfnecessary and notifies unsuccessful proposers, if necessary 3. (06/20/06) 4. (06/20/06) 5. (06/20/06) D. Selection Committee Votiug Membership Rego Omerigic Ed Mahler Manuel Gomez Announce top-ranked proposer. Begin contract negotiations. Notuy unsuccessful proposers Notice of Award Notice to Proceed Legal Counse~ Ex-Officio Member County Attorney Communications between proposers and any members of the selection committee during the selection process, except when and in the manner expressly authorized by the proposal documents, is strictly prohibited. Violation of this requirement is grounds fur disqualification from the process. 5 o .ilt PROPOSAL FORM Proposal Time: Proposal Date: 4:00 P.M., Local Time June 15, 2006 Contract # From: Wagner Equipment CO. 18000 Smith Road Aurora, CO 80011 To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o 0 Rego Omerigic 76 Service Center Road Aspen, Colorado 81611 For: ALL WHEEL DRIVE ARTICULATED FRAME MOTOR GRADER Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the Contract Documents, including the site of the proposed work and being familiar with conditions surrounding the construction of the proposed Project, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, 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 of: The lump sum of Twenty Seven Thousand Dollars ($27,000.00) including trade of County grader #219, VIN DW772BH555678 The product to be delivered by date: 12/30/06 Description: Pitkin County Fleet has chosen your Alternate Bid #2, to rent a machine for a period of24 months at a rental rate of $3,000.00 per month. The selected machine will be from your Alternative in stock machine, bid #1. At the end of the 24-month rental period Pitkin County will transfer all snow equipment to any motor grader of choice. At the end of the 24-month rental, Pitkin County reserves the right to purchase the machine and initiate any available warranty. The $45,000.00 offered for trade allowance will be deducted from the rental amount. 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. 6 . 1 The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated work for the above compensation within the scheduled mutually 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 solicited or induced any person. firm. or corporation to refrain from proposing. The Proposer acknowledges receipt of Addenda's Nos. TIli: right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) e. Dated this /5 day of Tu"" ~ ,2006 (Corporate seal) THE PROPOSER 7UJ1LA. ~ar {/(,St4. 1- 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. ,,'j I; ;".' '''.\ 7 % INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS For the Project Entitled: ALL WHEEL DRIVE ARTICULATED FRAME MOTOR GRADER Date of Proposal Opening: June 15.2006 1. a. 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 be implied, as applicable, unless otherwise noted. b. 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. c. 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 d. If specified in the Request for Proposal, parties who request packages of proposal documents will be required to pay a tee 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. 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 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). f. 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 8 q between the indicated sum of any addition of figures and the correct sum, the correct sum will control. g. 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. h. 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. 2. a. If any person contemplating submitting a Proposal is in doubt as to the true 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 Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification, explanation, interpretation or correction thereof. b. 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 (10) 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. 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 the Proposal Documents. Neither the Owner nor the Procurement Officer will be responsible fur any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-bid/proposal conference; if called and conducted, a summary of the pre-bid/proposal conrerence will be mailed to all parties receiving a set of Proposal documents. e. 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 representa- tives at such a site inspection shall be deemed a waiver of the requirements of 2.a. and 2.c., above. f. 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. 9 to g. If specified in the Project RFP, a request for qualifications may precede the RFP process. 3. a. Each proposa~ 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 accordance with the Proposal and the other Contract 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 IO.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. b. 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. c. 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. d. 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. e. Proposals by partnerships or limited liability companies ("LLC") must be executed in the partnership or LLC name and signed by a partner authorized LLC officer, whose title must appear under the signature and the official address ofthe 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. f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal 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 Proposer agrees to comply with all applicable requirements of said Procurement Code relating to bidding, contract drafting, 10 " contract administration and ethics. The requirements of the Procurement Code are incorporated herein by this reference. b. 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 Procure- ment Code. c. The submission of a proposal shall be conclusive evidence and legal admission that the proposer: (I) 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 correction pursuant to Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, suffi- ciency, 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 all contract documents and required clauses and the plans and specifications, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code, and applicable Colorado law. 5. a. 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. b. 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, recommended and submitted to the Board of County Commissioners for final approval at a regular meeting. 6. a. 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. All 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. b. 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 suppli- ers; 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. 11 Iv c. 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 financial 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. d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, 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 fuils 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. e. Pitkin County reserves the right, if it deems such action to be in the best interests ofthe County, to reject any and all proposals or to waive any irregularities or informalities therein. Any incomplete, conclusionary, fulse 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. f. 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 fuirness, custom in the industry, maximization of competition and best interests and convenience ofthe County. 7. Issuance of Notice Of Award, execution of Contract Documents and issuance ofa Notice To Proceed shall be as specified in the Contract Documents and subject to approval by the Board of County Commissioners. 8. 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. 9. 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, 12 (3 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 funds 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 appropri- ated. 13 lY EXHIBIT A - Pitkin Couuty Fleet Mauagement 76 Service Center Road - Aspen, Colorado 81611 (970)-920-5393 fax (970) - 920-5764 ALL WHEEL DRIVE ARTICULATED FRAME MOTOR GRADER Submit with your bid complete specifications on the unit you propose to furnish. (PLEASE LIST MEETS, EXEEDS OR DEVIATES FROM SRECIFICATlONS!) Pitkin County will trade existing unit #219 al996 John Deere 772BH It is the intent ofthese specifications to describe an all wheel drive, articulated frame motor grader with the following attachments; front snow blade, snow wing, rear mounted ripper/scarifier. The unit will be used to perform earthwork, road grading, snow plowing, etc., in heavy soils and rocky conditions at elevations from 6,500'MSL to 12,OOO'MSL and at ambient temperatures from 105 degrees F. to minus 40 degrees F. The unit must be capable of work in all weather conditions under heavy duty operations over extended periods of time on a year round basis. The unit bid must be new and ofthe current manumcturer's model year of production at the time of delivery. The unit being bid shall be equipped with all standard equipment except where specified as it pertains to this specification list. Bids shall include major and minor items not specifically mentioned, but which would normally and reasonably be necessary for proper, safe, efficient and beneficial use for ownership. I. WEIGHT The base machine weight shall not be less than 32,000 pounds, including basic machine with RaPS cab, 14' moldboard, ripper/scarifier, hydraulic components, lubricants, coolant, full fuel tank and operator. This excludes front plow, wing and lifting groups. 2. ENGINE The engine shall be diesel powered, four stroke, fully equipped with all necessary operating accessories including cold weather either start system and engine coolant heater. The supplied engine shall be designed and built by the motor grader manumcturer. The engine air intake system shall be equipped with a dust ejector pre-cleaner. The engine shall produce a minimum of 205 HP in the highest gear. Sample ports shall be supplied for testing. The engine shall be electronically controlled with self-diagnostic capability. Electronic and computerized system shall 14 \~ 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. 3. TRANSMISSION Transmission shall be automatic type transmission with 8 forward speeds and be equipped with a transmission cooler, and spin on oil fiher or equal. The supplied transmission shall meet or exceed the torque and HP rating of the engine, no exceptions. 4. DIFFERENTIAL AND FINAL DRIVES The diifurential lock and unlock shall be controlled by the operator. Final drives shall be planetary design. Differential lock/unlock shall be capable of operation at any speed. 5. BRAKES The braking system shall meet all requirements ofSAE J1473 OCT 90 and ISO 3450 and meet all state and federal regulations at time of production. Service brakes shall be sealed and adjustment free. Service brakes shall be capable of inspection without removing or disassembling the brake assembly. The parking brake system shall be serviceable without removing the transmission. 6. WHEEL, TIRES AND CHAINS Tires shall be new, tubeless and of radial construction. All tires supplied with the unit shall be ice and snow rated. Two spare tires and wheels shall be provided with the machine, one for the front axle and one for the rear tandems. Two sets of ladder chains shall be supplied with the machine at delivery. 7. STEERING The supplied machine shall be equipped with a secondary emergency steering system that will be self-activating under any condition. Machine turning radius shall not be greater than 25'. 8. FRONT WHEEL DRIVE SYSTEM The all wheel drive system shall be capable of automatic adjustment for ground speed, rear wheel speed and engine RPM. Drive system shall have a flow divider that will assure both front wheels receive power when needed for wheel spin or slippage. 9. MOLDBOARD, CmCLE AND DRA WBAR The moldboard supplied with the machine shall be a minimum of 14 feet long and no less thanO.88 inches thick. The circle shall be capable of 360-degree rotation and have all operational hydraulic controls available. The circle and drawbar shall have replaceable wear inserts. Hydraulic blade float shall be provided. 10. OPERATORS STATION The cab shall be enclosed and with ROPS (Rollover Protective Structure) and FOPS (Falling Object Protection Structure). Interior sound levels will not exceed 75 dbA using ISO 6394 standards. Cab doors shall have hold open devises that can be disengaged from ground level as well as from the operators seat. The steering wheel and hydraulic operating controls shall be fully adjustable. Lower front windows and cab side windows shall be capable of locking open for 15 ,~ vitalization of cab. Front windshield, lower front windows and back glass shall have variable speed wipers with liquid washing system. The entire cab will have tinted safety glass to reduce glare and inside temperature. A three level warning and alarm system will be provided for all machine functions. A cab mounted slope meter will be mounted in clear view of the operator's station. Cab will be heated and air conditioned with the highest level ofBTU/h available at time of production. Operators seat shall be cloth with every available adjustments including arm rests and retractable seat belt. All available gauges and monitoring systems will be included in the instrumentation package including RPM and speed. An inside rear view mirror and a sunshade will be included. Cab will be equipped with radio/cd player and be wired with 12 vohs fur installation of County two-way radio. 11. 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 manumcture 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. All wiring shall be protected from rubbing, chaffing and outside elements. The unit will include 4 front work lights, 2 rear work lights, one wing work light, turn signals front and rear with hazard switch, driving lights with high and low beam and two strobe lights mounted on top of cab, one yellow and one blue. A slow moving triangle shall be mounted on the rear of the machine. 12. RIPPER/SCARIFIER Shall be mounted on the rear of the unit with 4 removable shanks. The ripper-lifting group may be used to lift and support the wing if needed by the manumcturer. 13. FRONT ffiTCH A front lifting system shall be supplied for a 12 foot front plow; the mounting hitch shall be equipped with hydraulically operated locking pins, quick couplers for plow angle and a mechanical holding or lock out device for maintenance and roading. 14. FRONT PLOW Shall be 12 feet wide and be hydraulically reversible from in the cab. Plow shall angle left and right to a minimum of35 degrees and be capable ofOscil1ation. One reversible cutting edge will be mounted to plow. 15. SNOW WING One 12-foot wing shall be mounted on the curbside of the supplied machine with hydraulic controls incorporated into the operator's station. The wing shall be capable of plowing, benching up to a five-foot height and dropping below grade for ditch work. The snow wing cannot make contact with the tires or extended moldboard. 16. TRAINING The contractor shall be required to provide training in the maintenance and operation of the specified unit to a minimum of two operators and two maintenance technicians of the County's employ to the County's satismction, with a minimum of two working shifts. 16 ,1 17. GUARANTEED BUY BACK The vender shall list a guaranteed buy back price to the County at one year, two years, three years and five years. The amount of allowable engine hours for each buy back option listed shall be shown. The Pitkin County Fleet Manager reserves the rights to not participate in a guaranteed buy back option on any given year. 17 \'l , SPECIFICATION Contract 1/ 113-200. -219 MEETS EXCEEDS DIVIATES I / WEIGHT: 2 ENGINE: / 3 TRANSMISSION: ./ 4 DlFFERANTIALAND FINAL DRlYES: V 5 BRAKES: V- 6 WHEALS, TIRES AND CHAINS: /' 7 SREERING: -/ 8 FRONT WHEEL DRIVE SYSTEM: /' 9 MOLDBOARD, CIRCLE AND DRA WBAR: V' 10 OPERATORS STATION: V- II LIGHTS AND WIRING: V 12 RIPPER/SCARIFIER: V- B FRONT HITCH: V 14 FRONT PLOW: V 15 SNOW WING: V 16 TRAINING: V V- 17 GUARANTEED BUY BACK: V BIDDERS RESPONSE TO SPECIFICATIONS PLEASE CHECK MEETS EXEEDS OR DEYIA TES FROM SRECIFICA TIONS' 4H....orf,,~ '*( J'."",< '. ~ .. '. .. NO .Jecc.~ .J+-ee-t~'J SQ",~ r.~" 'we ffP""" ..J cy....., <<. .. , . BIDDERS RESPONSE TO EV ALVA nON CRITERIA Ability to meet specificatious How many of the 17 specifications does your proposal meet: J7 A 1*"-"",,/"....<<: I? 'cI.P I u'l {; Guaranteed buy back price One year Two years Three years Five years $/-80.000 $/65'.000 $/60~ 000 $ 14';. ooc; Hrs 1000 Hrs 2000 Hrs 3000 Hrs '1 $'00 t4l-/e~".,I.,;e (J.c/ n I .s;c<"'" <2- Estimated Cost of Product The total price ofunit including delivery and not including trade C $ 2.6'0. Cf-1CJ , IJ fie.....", ../.,.'" B.. eX " (- ~q a, ~ 18 \~ -'f. Length and Cost ofWarrautee Maximum amount of years (J/{>o.re ree f-4.Q., " ~fh"c (,.f"cA' WO(~VC{~ J.-.-'y O(I-:OVlJ " Hrs $ i Delivery Date Date as stated on page 6 ofthis proposal 12/2-0/00 , r ,-.( urole,po/ hy 7/tolob Amount of Trade Given Amount vendor will give for trade in unit $ ~ ~ 000 . 0 0 *' If /t-(".f'V'C< i,' ve (J...of It I : Oe f t.!f?,...y Dot le : r"Q.. Y'l-1 tJlCc-'.",-P \: f \" .{' ~c k b" t ) {O( f<. ~ T"'e r",,,,<.oV C>fflc,cc.,(4/?.......J... e(~~ .0< p(l~..,<' f'-~ +<? l'f 3 ~ -f-l, f 0( (fCtr{..., rz-..-("~ -f-.r . VIe:;, f. I -f VJ r 1/ <J e+ +-(.,~ S' VI tJ <A,) ..J- 19 tQ UJ IM4GNER Wegner Equipment Co. P.O. Box 17620 Denver, CO 80217-0620 (303) 739-3000 hllp://wagnerequipment.cat.com All Wheel Drive, Articulated Frame Motor Grader Bid Pitkin County 76 Service Center Road Aspen, CO. 81601 6115/06 Attention Rego Omerigic: There are two bids enclosed. The first is a factory order machine that exactly meets your specifications. The second (Alternate Bid #1) is a machine that is in stock which deviates from your specifications as follows: Attachments included but not specified: -Front and Rear defroster fans -Air dryer -13 00 amp batteries -Air suspension seat as opposed to a "non-air" suspension seat -Heated outside mirrors as opposed to "non-heated" outside mirrors -Bar mounted headlights and turn signals as opposed to Cab mounted. -14'xl "x2T Moldboard as opposed to l4'x7/8"x24" Attachments specified but not included: -Secondary steering -Opening lower front windows -Opening side windows -Sunshade Wagner Equipment Co. wishes to propose another alternative (Alternate Bid #2) which is to rent a machine as described in the Alternate Bid # 1 for a period of 24 months @ a rental rate of $3,000.00/mon. At the end of24 months the snow equipment could be transferred to a new "M Series" motor grader, therefore saving significantly on the cost of the new "M Series" motor grader. As far as our "Statement of Qualifications" and "Product Support Capabilities" go. Wagner submits our record of past performance to fulfill these requirements. Thank-you for your consideration. Please feel free to ask for any more information. Sandy Lowell Wagner Equipment Co. Sales Representative III WAGNER EQUIPMENT CO.,wAGNER RENTS L.OCATIONS COLORADO: AURORA, BURlINGTON, CARBONDALE. COLORADO SPRINGS, COMMERCE CITY, DENVER, DURANGO, FORT COUJNS, GRANDBY, GRAND JUNCTION, GYPSUM, HAYDEN, PUEBLO, SILVERTHORNE, STEAMBOAT SPRINGS NEW MEXICO: AlBUQUERQUE, FARMINGTON, HOBBS' TEXAS: EL PASO ,,\ UJ IM4GNER Wagner Equlpmant Co. P.O. Box 17620 Denver, CO 80217-0620 (303) 739-3000 hllp://wagnerequipment.cal.com All Wheel Drive, Articulated Frame Motor Grader Bid WARRANTY OPTIONS Standard Warranty: -One year total machine warranty Travel time and mileage are included for the first six months only. Optional Extended Warranties: I) Total machine warranty with travel time and mileage covered for the first six months a) 3 years/5000 hrs $3,810.00 b) 4 years/5000 hrs $5,880.00 c) 5 years/5000 hrs $8,930.00 2) Standard Warranty plus a Powertrain and Hydraulic Warranty as follows: a) 3 years/5000 hrs $2,920.00 b) 4 years/5000 hrs $4,520.00 c) 5 years/5000 hrs $6,640.00 WAGNER EQUIPMeNT CO.,wAGNER ReNTS LOCATIONS 1I'l1 III COLORAOO: AURORA, BURLINGTON, CARBONDALE, COlOAADO SPRlNGS, COMMERCE CITY, DENVER, DURANGO, FORT COLL.INS, QAANDBY, GRANO JUNCTION, GYPSUM, HAYDEN, PUEBLO, SilVERTHORNE, STEAMBOAT SPRINGS NEW MEXICO: ALBUQUERQUE, FARMINGTON, HOBBS. TEXAS: EL PASO All Wheel Drive, Articulated Frame Motor Grader Bid EXCEPTIONS I) There is no automatic electronic shutdown on the machine. (this is a safety issue) 2) The transmission is a direct drive transmission which does not require a transmission cooler. 1,; "\t;#V "" CONTRACT AGREEMENT FOR THE PURCHASE OF GOODS Project/Purchase Contract #113-2006-219 Line Item Account # 11153-00952-86650 THIS AGREEMENT is made and entered into this 3rd day of July, 2006 (the "Agreement"), by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Wagner Equipment CO. 18000 Smith Road, Aurora, Colorado 80011, (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: ALL WHEEL DRIVE ARTICULATED FRAME MOTOR GRADER EXHIBIT A: specifications 2.. CONFORMITY WITH PLANS AND SPECIFICATIONS. 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 with the Technical Specifications, the Goods shall be replaced or otherwise corrected at the expense of Vendor. 3. CONTRACT TIME AND LIOUIDATED DAMAGES 3.1 Deliverv and Acceptance of Goods. 3.1.1 Delivery of Goods. Vendor shall deliver goods to the Buyer at the following place and time: Place: Pitkin County Fleet, 76 Service Center Road Aspen, CO 81611 Time: Before 4:00 p.m. on or before August 10, 2006 for Machine Before4:00 p.m. on or before December30, 2006 for Snow Equipment 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 20 ~~ 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 $200.00 per calendar day for each day or part of a 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. 4. WARRANTY/REPAIRS: 4.1 Deliverv of Warrantv. Upon delivery of the Goods, Vendor shall simultaneously tender to Buyer all warranties, guarantees, manuals and other documents specified by the Contract documents. 4.2 Terms of Warranty and Repair. The Vendor hereby warrants that for a period of24 months after Goods are placed in service, Vendor will, at Vendor's own expense, without any cost to the County, replace all defective parts and make any repairs to the Goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the machine may be transported to Vendor's facility at no cost to the County. 4.3 Extended Warranties. In addition to the above, the County may avail itself of the Vendor's standard and/or extended warranties, if in the best interest of the County. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County is under no obligation to accept and pay for these extended warranties however. 5. PAYMENT 5.1 Time ofPavrnent. Full payment shall occur upon delivery and acceptance of Goods in accordance with this Contract. 5.2 Amount of Pavrnent; Offset. In consideration of delivery and acceptance of the Goods to Buyer in accordance with this Contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $27,000.00 including trade in of County grader #219, but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 6. TERMINATION OF CONTRACT 6.1 Cancellation. Buyer has the right to cancel this Contract for any reason upon 30 days notice to Purchaser. Performance of this Contract is subject to appropriation of necessary funds. 21 'J-5 6.2 Termination for Breach of Contract. Any violation or breach ofthis Contract by Vendor may resuh in suspension or termination ofthis Contract by Buyer, or such other action necessary to enforce the rights of Buyer. 6.3. Remedies Upon Default. Whenever Vendor shall default in performance ofthis Contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. 7. NOTICE. Any written notice required by this Contract shall be deemed delivered when: (A) hand delivered ; (B) faxed to the fax number below with verification of such transmission; or (C) three (3) business days after such notice is deposited in U.S. certified first class mail (return receipt requested), postage prepaid, addressed as follows: To Vendor: Rego Omerigic 76 Service Center Road Aspen, CO 81611 Fax 970-920-5765 Name {;Va.,,, V' G'1v.I'....~" +- tv. (c/o .fcr...cJy t..wve / f) Add I >' f 1-(;(/",.. r"t>...... Or". ress / 601 City, State Zip C. I e...,_.,eJ St?!JJ, {(;l PI Fax q 7<::>- 915"-t.{f'1 To Pitkin County: 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. 8. ASSIGNMENT AND THIRD PARTIES. 8.1 Assil!lllllent 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). 9. 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. 22 1-~ 9.3 Attornev 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 ofthe essence in this Contract. 9.6 Non-Waiver. Waiver by either party of; or the fuilure of either party to insist upon, the strict performance of any provision of this Contract shall not constitute a waiver ofthe right, or prevent any such party from requiring the strict performance of; any provision in the future. 9.7 Severability. 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 affuct 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 permitted assigns of Vendor. 9.9 Notices. Notices and demands provided for herein shall be sufficient if sent by certified mai~ return receipt requested, postage prepaid, or by hand delivery, to the addresses set forth above, or by fucsimile transmission to the tax 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 ofthe date first set out herein above. o~e' PITKIN COUNTY COLORADO By:t2.~~7-3''''6 Pr rem nt Officer VENDOR: ~- ,- IJI-- ;:f;4r{JhrL_ 1(jJ.lJL County Joager 23 ~7