Loading...
HomeMy WebLinkAboutbocc.con.153.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 153.2006 Originating Department/Division: Fleet Contact Person: Rego Omerigic Project Name: New Ambulance Phone #: 970-920-5393 [8J BOCC AGENDA ITEM (BOCC signature required) [8JSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: DNone DInformal [8JFormal DSole Source DEmergency DState Bid D Check Contract Tvpe: Dollar Amonnt: $103,730.00 Bndget Line Item/Ledger Nnmber 11534.00952.86650 DServices/Maintenance DLicense/Use DLease DConstruction [8JGoods, Equipment, Supplies DOther (e.g. revenue) DEmployment (for county employees) DIntergovernmental Agreement (Requires HOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Contractor/Business Contract Execution Automatic Renewal Peak Motor Coach 08/28/2006 No Complete Name: Loe Branstetter Contract End Date: Upon delivery Term of Contract: Term of warranty All Contracts should be proofed for the following: [8JNo Pages Missing [8JIf a Page is Left Intentionally Blank -Note on Page [8JPage numbered consecutively [8JAll Signatures Affixed [8JAll Dates Filled In [8JAll Other Blanks Filled In [8JAll Exhibits Attached [8JAll Legal Descriptions Attached (if appropriate) [8JNotice of Award/Proceed Attached (if appropriate) [8JSpecial Instructions for Finance Department: [8JSent to Clerk and Recorder for Scanning/Archiving [8JAuthorized Staff Person's Name: Rego Omerigic BY CHECKING ABOVE AND ENTERING NAME, THE 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. Amended 10_16_06 \ ~ {"" ....~. PROPOSAL FORM Proposal Time: Proposal Date: 4:00PM August 31" 2006 From: PEAK MOTOR COACH, LTD. 4700 BRIGHTON BOULEVARD DENVER, COLORADO 80216 PHONE 303-295-0111 To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Rego Omerigic Pitkin County Fleet Manager 76 Service Center Road Aspen, CO 81611 For: TYPE I FOUR WHEEL DRIVE MODULAR AMBULANCE BODY 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: ONE HUNDRED THREE THOUSAND The lump sum or THREE HUNDRED SEVENTY & NO</: Dollars ($ 103,370 ) dme120 DAYS AFTER APPROVED DRAWINGS The product to be delivered by Description: TYPE I FOUR WHEEL DRIVE MODULAR AMBULANCE BODY (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 Contract for the above stated work for the above compensation within the scheduled mutually determined. -4 '-t } 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 proposmg. The Proposer acknowledges receipt of Addenda's Nos. x . NONE AS OF 8/28/06 The right is reserved to waive any informalities and to reject any Proposal. (Typell'rint name under all signatures) Dated this~ day of AUGUST ,2006 (Corporate seal) THE PROPOSER PEAK MO CH, LTD. LEO BRANSTETTER, PRESIDENT 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 lilf Suggested Cost Savings Alternatives) ~ 10 ~ (Revised 2/26/02) INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS For the Project Entitled:_TYPE I FOUR WHEEL DRIVE MODULAR AMBULANCE BODY Date of Proposal Opening: August 31st 2006 1. 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. a. 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 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. 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). 11 \ 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 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. 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. a. 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 for 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 conference 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. 12 5 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. g. If specified in the Project RFP, a request for qualifications may precede the RFP process. 3. 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 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 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. a. 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 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. f. All names must be typed or printed below the signature. 4. 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 13 a. ~ 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. 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 Procurement 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. 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. a. 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. 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. a. 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- 14 ~ 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. 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 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 rej ect 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 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 ofranking 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 fairness, custom in the industry, maximization of competition and best interests and convenience of the County. 7. Issuance of Notice of Award, execution of Contract Documents 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. 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. 15 _"N>. 1:( 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, 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 ser- vices or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. 16 ~ NOTICE OF A WARD Date: 09/20/2006 TO: Peak Motor Coach ilie BrlibStetrci 4700 Brighton Boulevard Denver, Colorado 80216 The Owner, having duly considered the Proposal submitted on 08/31/2006, for the work covered by the Contract Document titled Tvoe I Four Wheel Drive Modular Ambulance Bodv in the amount of$103,370.00, 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 Award. PITKIN COUNTY By: ;;J~ Rego Om gic, Pitkin County Fleet Manager ACCEPTANCE OF NOTICE ove Notice of Award is hereby acknowledged B this dCJ...day of ~/,,;e.-?k~ , 2006. Title (/71 ~ (r 'J t',.':;- 17 Id 660 'ON WV60:1 900~ 'O~ 'd~( - 'D \ ~ NOTICE OF FINAL ACCEPTANCE Project: Contract Date: Contractor: 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 Pitkin 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 and final payment will be made after inspection. Dated: Date upon which warrantee is to start. Pitkin County Board of County Commissioners By: Rego Omerigic Contractor: date: 18 \\ Ut'1'e j,l ~ FA Ai CONTRACT FOR THE PURCHASE OF GOODS Contract # 2006-153 Budget line item #111534-00952-86650 THIS CONTRACT is made and entered into this 20th day of September, 2006 , by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Peak Motor Coach, (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: See exhibit A 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the Buyer at the following place and time: Place: 76 service Center Road Aspen, Colorado 81611 Date and Time: February 13th 2007 4:00p.m. 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. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is ofthe essence for delivery of goods. 5. LIOUIDATED 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 $1 00.00 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 offair 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 pnce. 19 _.._-'.'-,-,-,-_._---.".~.~ '1/ \ 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer shall have five working days for inspection of goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with 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. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, Buyer may rej ect goods. [Vendor shall have 30 days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8. WARRANTYIREPAIRS: A. Deliverv ofWarrantv. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warrant v and Repair. The Vendor hereby warrants that for a period of -please see attached Warranty groups_ after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, 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 goods may be transported to Vendor's facility at no cost to the Buyer. C. Extended Warranties. In addition to the above, the Buyer may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the Buyer any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the Buyer may be eligible, which become available thereafter. The Buyer is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. 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 $1 03,730.00, but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. 11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. 20 \J 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the Buyer. 13. BINDING ARBITRATION. Any disputes arising out ofthis contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the Buyer and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the Buyer and Vendor. 16. EXEMPTIONS. All purchases of construction or building or any other materials for this 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. 17. CONTRACT MADE IN COLORADO. 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. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 13, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, 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. Seq., C.R.S., as from time to time amended, or otherwise available to Buyer or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Vendor by the Buyer for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 20. 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 as Buyer. Pitkin County's obligations under this contract 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 the contract shall constitute a mandatory - ","~,,-_,'--...........--......,..--'~"" 21 \y charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract 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 contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (I) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: A. To Pitkin County Rego Omerigic 76 Service Center Road Aspen, CO 81611 Fax 970-920-5764 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 B. To Vendor: Loe Branstetter Peak Motor Coach, LTD 4700 Brighton Boulevard Denver, Colorado 80216 Fax: (303)-295-0362 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: By:d r PITKIN COUNTY COLORADO " By: ~~~o// uthorized Signer Title: Pitkin County Fleet Manager 22 \s EXHIBIT A 'C!JIS, '", Pitkin County Fleet Management 76 Service Center Road - Aspen, Colorado 81611 (970)-920-5393 fax (970) - 920-5764 TYPE I FOUR WHEEL DRIVE MODULAR AMBULANCE BODY Submit with your bid with complete specifications on the unit you propose to furnish. (PLEASE LIST MEETS, EXEEDS OR DEVIATES FROM SRECIFICATIONS!) 1. PERFORMANCE REQUIREMENTS The completed combined unit (i.e., the specified truck with 011 specified attachments mounted together and ready for operation) loaded to legal capacity shall be capable of, with a automatic transmission of climbing ramps, highway grades and secondary roads with a minimum grade of 40~o in low gear at peak torque and a minimum acceptable start ability grade of 30~o. A minimum grade ability of 1.5~o at the top end performance of the truck in top gear at peak torque and RPM.Top speed shall be 85-90 MPH. All performance data is to be supplied at bid opening for grad ability 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 wide axle, current production 2007 manufactured by Chevrolet or Ford and be four wheel drive with dual rear wheels. The vehicle will have a GVWR of 13,000 Ibs or more. Electronically shifted transfer case, heavy duty suspension and handling package including front and rear stabilizer bars, four wheel antilock brakes and power steering, tinted glass, drivers/passenger air bags, six radial tires with mud and snow all terrain traction, six polished stainless steel full wheel liners, chrome grille guard, chrome front bumper, two front tow hooks and two rear tow hooks. The supplied vehicle will have one complete set (6) of OEM rims shipped with the unit. Full under coating- sound deadening of cab and body sub floors. Diamond plate cab running boards with integral front splash shields. Rubber fender flairs at front and rear wheel openings. Automotive grade air core door seals on all module body doors. 27 \~ 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. The engine shall be a turbo charged after cooled diesel engine with electronic auto shutdown. The supplied engine will be equipped with a 110- V AC engine block heater connected to a shoreline outlet. 4. TRANSMISSION Transmission shall be automatic type transmission 5 or 6 speeds with transmission cooler, external oil cooler, and replaceable oil filter. The supplied transmission shall meet or exceed the torque and HP rating of the engine, no exceptions. 5. FRONT AXLE Minimum, 10,000-12,000 pounds single reduction drive with self-adjusting air brakes with front shock absorbers, oil lubricated wheel bearings or equal. 6. REAR AXLE Differential shall be locking. The axle gear ratio shall be specified to meet performance criteria. 7. ELECTRICAL 12 Volt with two low maintenance 300 cold cranking amp batteries mounted in OEM locations, Electrical system shall have a master disconnect from the batteries. Circuit breakers in place of fuses shall be used when practical. Two alternators with a minimum output of 130-amps shall be used. An electrical body building harness shall be supplied by body up fitter. Batteries and alternators will have OEM run down protection. The cab and ambulance body will be supplied with the following electrical components; red/yellow/green silent signal system with driver alert, digital clock with event timer in patient compartments with panel, open door flashing red light mounted in cab console with audible alarm, open compartment flashing amber light mounted in cab console with audible alarm, door and compartment alarms to sound only in travel gears, install three antenna leads with ceiling access, two to behind the drivers seat and one run behind the passenger seat, three 12VDC power & ground radio 40 AMP pr-wired coil at each antenna lead, install SVP Magnum 100 WATT dual AMP electronic siren with public address system, install two 100 WATT siren speakers mounted on outboard front bumper ends and controlled by horn control circuit, install buell strombos dual air horn with foot switch located on drivers side kick panel, install one back up alarm with momentary/auto reset switch located in cab console, Install A 20 AMP twist lock shoreline with built in GFI connected to four interior 110- V AC duplex outlets, install one Vanner 1050 WATT inverter with battery conditioner in lower part of cabinet in walk through, one ceramic heater mounted under attendant seat and wired to the shoreline system, one front mounted console switch that will disconnect power to patient compartment, one hand held spotlight in cab with 200,000 candle power, one 12-VDC outlet in rear compartment action wall, one 12-VDC outlet in inside/outside compartment at right side front of body, six dual intensity 28 \1 halogen dome lights in headliner, three on the left and three on the right, four fluorescent patient lights in headliner connected to shoreline and 12VDC power ,one fluorescent work light over the action wall counter top, Automatic 5 minute dome light timer wired to right side patient lights, armored dual lamp clearance lights at rear of upper body roof, two halogen 15-degree flood lights on each body side switched separately, two halogen 26- degree load lights over rear loading doors turned on automatically with doors open or when vehicle is in reverse. One patient compartment LED step well light turned on automatically with side door open. All warning and flashing light shall be manufactured by Whelen. All warning lights, related wiring and components shall be wired to a master disconnect switch mounted in the cab console. A fully automatic warning light sequencer and programmable load manager will be incorporated. Two red 600 LED-warning lights shall be mounted on front of body outer light bar ends. Two red 900 LED-warning lights shall be mounted on each side of upper body. Two red 900 LED-warning lights mounted on upper outer corners ofrear body. Two blue 600 LED-flashing lights shall be mounted at window level at rear of body-X flash. One amber 900 LED warning light shall be mounted on rear center top of body. One Whelen 4500 KKK Advantage LED light bar mounted on front of body. Two red LED-warning lights mounted in front grill in bright housings, two red LED intersection lights one on each front fender. The headlight system will be equipped with a WIG WAG flasher device. Up fitter shall install customer Opticom system in center of light bar with park break defeat. Illuminated digital volt meter and AMP meter mounted in center console. One whelen 700 LED center high mount third brake light above rear doors. Recessed lighted rear license plate mount located in rear bumper. 8. 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 or extended life coolant shall be used in the system. A coolant recovery tank shall be utilized in the system. 9. FUEL SYSTEM One or two tanks with a minimum capacity of 40 gallons, spin-on fuel filters with a water separator. 10. CAB The interior cabin will be equipped with the following; tinted glass, below eye level cab switch console, full size lighted rocker switches for all auxiliary equipment, LED diagnostic indicators for ambulance electrical system, telescoping heated power mirrors, tilt steering wheel, cruise control, AM-FM radio with CD player and clock, power door locks, power windows, intermittent windshield wipers, rubber cab flooring, high back cloth captains chairs with arm rests, gray or blue interior color, electronically controlled throttle, one flexible shaft map light mounted on right hand side of cab console, tilt steering wheel, power adjustable pedals. 29 \"6 11. EXTERIOR COLOR Shall be white cab and body polyurethane base coat with clear coat and have reflective "ASPEN" lettering, star oflife decals and reflective orange beltline stripe with "QRS" wave. Stars of life and ambulance decals with hood mounted aero-shield. Up fitter must contact Aspen Ambulance for design features before decals or painted stripes are installed. 12. LIGHTS AND WIRING At the time of delivery to Pitkin County, this equipment shall meet or exceed all federal, state and local lighting standards. Noise standards will be exempt from this vehicle. In addition all wiring shall be color-coded and numbered. The manufacture shall provide all wiring schematics for additional controls and ambulance body. 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. In addition to the lighting as required by F.M.V.S.S. 108, the truck chassis will be wired to meet specifications for the ambulance body. All warning lights, related wiring and components KKK-E level. 13. AMBULANCE BODY EQUIPMENT Full height cab to body walk through with swing open hinged portion door with patient compartment viewing window. A 68" patient compartment headroom. Body shall have stereo speakers in headliner, air conditioning, HEP A filter, and fully automatic thermostat for patient heating/cooling system. Headliner shall be a padded heavy-duty vinyl patient compartment headliner with wire and race. One high back attendant chair with integral child seat will be mounted on storage cabinet. Stainless steel interior door handles and one stainless steel ceiling assist rail with contoured end stanchions. Rear compartment stainless steel door grab handles. Entry assist handles at each module interior door. All doors and compartments shall have a hold open device incorporated. Bump stops at oxygen-rear- stretcher- right front compartment. All modular exterior doors and compartments shall be keyed alike. Rear bumper shall have a lift open grate with dock bumpers. Lower body diamond plate aluminum rectangle rub rails. Post and wheel cups for a #107C stretcher with wheels in front of squad bench. Seat belts and retractors will be provided at all seating locations. One squad bench with two latching lids, and hold open device will be incorporated with storage under bench. The forward action area shall have a corian counter top. One CPR side seat with under storage and folding down backrest will be incorporated. A 13" tall monitor storage shelf with ABC counter top to rear of CPR seat with 5.25" cabinet above. A 15" deep supply cabinet mounted at ceiling above action area. Medical supply cabinets above and bellow monitor shelf. A dual position stryker cot fastener system will be installed for customer STRYKER EZ-PRO. Suspended stretcher hardware will be installed above squad bench. Three clip and Velcro IV hooks, two at CPR seat, one over squad bench. Basket brackets mounted on body roof with two access steps and handles. The body shall have a piped oxygen system with three NCG wall outlets, two mounted on the left side and one mounted on the right side. The up fitter shall install a hospital-supplied aspirator with regulator and gauge. One electric vacuum booster for the aspirator system will be incorporated. Dual three speed exhaust vents mounted in rear compartment. Two no smoking signs and two fasten seat belt signs will be placed in the interior of body. Exterior compartments shall have and be equipped with the following; Three ratcheting restraint 30 ,q straps for an H size oxygen bottle, one tank changing wrench with mount clip and tether, one FERNO #521 portable cylinder bracket at side entry door or equivalent, left side front oxygen/backboard compartment, left forward compartment for bio-waste and equipment with 110 V AC duplex, left side rear equipment storage compartment lowered to wheel height, rear compartment will be configured for stair chair storage and be no less than 40"X 14" X 25.5", right side rear vertical long board exterior storage compartment, right side storage compartment behind rear wheels, right front inside-outside accessed compartment with three shelves at right front ALS cabinet-no door-vertical seatbelt. Brushed stainless steel threshold protection plates mounted on all body doors. Exterior compartment doors with recessed bright diamond service panel. Right upper side entry door window shall be tinted and sliding with a screen. A 36"XI5" gray tinted fixed glass window installed above squad bench. Gray tinted upper rear entry door fixed windows, one locking cabinet above walk through with lock to match customer fleet key. One soft waste and sharps storage with drop hole through top of action area counter top. Blue or gray patient compartment upholstery and commercial patient compartment flooring.4" cove linoleum at left wall cabinets and squad bench. Cabinets to be gray tinted sliding Plexiglas with aluminum frames on all four sides and aluminum handles. 14. 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 ambulance system shall include one service manual and one parts manual. 15. 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. 31 'J--G 16. 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. QUALITY ASSURANCE PROVISIONS Defective components shall not be furnished. Parts, equipment, and assemblies, which have been repaired or modified to overcome deficiencies, shall not be furnished without the written approval of the purchaser. Construction methods utilized shall be in accordance with industry standards. Component parts and units shall be manufactured to definite standards dimensions with proper fits, clearances and uniformity. The general appearance of the vehicle shall not show any evidence of poor workmanship. At the time of delivery, the manufacturer shall explain the use and operation of the new ambulance and provide the owners manuals for the complete vehicle. The County reserves the right to perform any inspection and or test that are deemed necessary to assure proper operation and confirmation of specifications that are set in this document 32 1-) BIDDERS RESPONSE TO SPECIFICATIONS PLEASE CHECK MEETS, EXEEDS OR DEVIATES FROM SRECIFICATIONS! SPECIFICATION MEETS EXCEEDS DIVIA TES 1 PERFORMANCE REQUIREMENTS: X 2 TRUCK CHASSIS: X X 3 ENGINE: X 4 TRANSMISSION: X 5 FRONT AXLE: X X 6 REAR AXLE: X 7 ELECTRICAL: X X X 8 COOLING SYSTEM: X X 9 FUEL SYSTEM: X 10 CAB: X 11 EXTERIOR COLOR: X 12 LIGHT AND WIRING: X 13 AMBULANCE BODY EQUIPMENT: X 14 SERVICE MANUALS AND PARTS BOOKS: X 15 WARRANTY: X 16 TRAINING: X 23 ~r McCoy Miller Division of VSV Group, Inc Supplemental Limited Electrical Warranty SUPPLEMENTAL WARRANTY COVERAGE As a supplement to the limited Ambulance Warranty, McCoy Miller Division ofVSV Group, ("Warrantor") warrants to the orillinal retail Durchaser for a period of six (6) years or seventy-two thousand (72,000) miles from the date of delivery that the ambulance electrical system. shall be free of SUBSTANTIAL DEFECTS in materials and workmanship, which are attributable to Warrantor and which arise during the course of normal use and service. THE ONLY ITEMS COVERED BY TmS SUPPLEMENTAL LIMITED WARRANTY ARE: I. The electrical harness and harness installation. 2. Printed circuit boards and related components. 3. Front and rear consoles and related components. ALL OTHER ITEMS ARE EXCLUDED FROM THE COVERAGE OF THtS SUPPLEMENTAL L1MtTED WARRANTY SUPPLEMENTAL WARRANTY PERFORMANCE Owner's exclusive remedy under this warranty shall be repair or replacement of defective parts, tree of charge to the owner, Owner shall bear all expenses arising out of or relating to transporting the product to the appropriate Warranty Service Location. W ARRANTY VALIDATION Strict compliance with warranty validation procedures set forth in the Limited Ambulance Warranty is necessary to validate this Limited Electrical Warranty, Failurr to Validate within the exores8 term of the Limited Ambulance Warrant\' voids this Limited Elertrical Warrantv. EXPLICIT EXCLUSIONS This Limited Electrical Warranty DOES NOT COVER: 1. Chassis elel.irical system and related components instaJled by the chassis supplier. 2. Materials or parts manufachlred by other entities, including but not limited to batteries. sirens, battery chargers, inverters, light bars and similar equipment. 3, Nonna! wear and tear, overloading, abuse, accident, neglect. misuse. and/or altered/modified units. 4. Non-electrical components. 5. Items not specifically hereinabove designated as covered items. 6. Fiberglass components. 7. The expense of transporting the product to an authorized service center for service, and all expense arising from or relating to such transportation. WARRANTY TERMINATION The following actions or events will result in the automatic termination of this Limited Electrical Warranty and relieve Warrantor from any and all obligations under this Limited Electrical Warranty' I. Misuse or neglect of the product, failure to provide reasonable and necessary maintenance, unauthorized alteration or modification, accident. or im~~ing. ~ Sale of the product by original retail purchaser. ~ The expiration of the warranty period(s) set out herein. 2. 3. WARRANTOR RIGHTS WlU'rantor reserves the unrestricted right to change the parts and designs of its products from time to time without notice and with no obligation to make corresponding changes in products previously manufactured. CLAIM PROCEDURES All Limited Eleccrical Warranty Service is Co be performed at Warrantor's factory or at an authorized Limited Electrical Warranty Service location. Warrantor must authorize. in writing:. all Limited Electriral Warrant\' Service PRIOR to oerformance, Such written authorization instructing Owner as to where and when to deliver the product for Limited Electrical Warranty Service will be given within five (5) working days of receipt of notification of a defect or malfullCtion provided that Limited Electrical Warranty covers such defect of malfunction and all other terms of this Limited Eleclrical Warranty have been satisfied in full, Notice shall be presented in writing to McCoy Miller Division of VSV Group, 1110 DI Drive, Elkhart, Indiana 46514 and must be submitted on or before the date of expiration of the appropriate Warranty period. Notice shllll give Owner's name and address, a brief description of Che problem, the product model and serial number, the date of purchase, product mileage, the name of the dealer who sold the product. the current product location and Owner"s local ion for contact during ~ regular business hours. DAMAGE RECOVERY LIMITATIONS NO PERSON SHALL BE ENTITLED TO RECOVER FROM WARRANTOR FOR ANY CONSEOUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO ANY DEFECT IN THE PROOUCT. WARRANTY DISCLAIMER WARRANTOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSE. There are no Warranties of anv nature. exoress or imDlied. made bv Warrantor bevond the contents or this Limited Warrantv. No oerson has authoritv to nlar~e. amend or modifv this Warrantv. LEGAL RIGHTS This warranty gives only those legal rights specifically enumerated herein. You may have other legal rights, which vary from state to state. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENT AL DAMAGES OR OF THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Ventrans Specially Vehi4:les. Inc. d/b/a VSV Group 1110 D 1 Drive, Elkhar~ IN 46514 (574) 264-7511 ReY.04!l13 t!J ~ ~ ~ ~ ~ ~ ~?J ~i0flQ9mJ59J5SI0.9~&?1&~ffiQ9J5.9fi9m~BfJQmJ?9QJ-0"i55nQJ~JJ.B"'@~..0fi9.JZf-0~~J5.9JSfmN"@.&@']s . McCoy Miller Division ofVSV Group, Inc Supplemental Limited Modular Body Structural Integrity Warranty SUPPLEMENTAL WARRANTY COVERAGE As a supplement to the Limited Ambulance Warranty. McCoy Miller Division of VSV Group, ("Wlil'raIltor") warrants to the oril!:inal retail Durchaser for a i period of tifteen (IS) years from the date of delivery that the modular ambulance body is STRUCrURALLY SOUND. shan be free of SUBSTANTIAL STRUCTURAL DEFECTS in materials and workmanship, which are attributable 10 Warrantor and which arise during the course of normal use and service. . THE ONLY ITEM COVERED BY THIS SUPPLEMENTAL LIMITED WARRANTY IS: 1. The structural integrity of the modular ambulance body. ALL OTHER ITEMS ARE EXCLUDED FROM THE COVERAGE OF THIS SUPPLEMENTAL LIMITED W ARRANrV. SUPPLEMENTAL WARRANTY PERFORMANCE Owner's exclusive remedy under this warranty shall be repair of Substantial Defects. free of charge to the Owner. Owner shall bear all expenses arising out of or relating to transporting the product to the appropriate Warranty Service Location. Warrantor shall have the sole option to determine the location for provision of warranty service. ~ WARRANTY VALIDATION Strict compliance with warranty validation procedures set forth in the Limited Ambulance Warranty is necessary to validate this Limited Structural Warranty. Failure to Villidate within the nDress term of the Limited Ambulance Warrant\' voids this Limited Structural Warranty. EXPLICIT EXCI,USIONS This Limited Structural Warranty DOES NOT COVER: 1. Paint 2. Materials or parts manufactured by other entities, including but not limited to sealants, hardware, moldings, windows, fenderettes and other appointments and accessories. 3. Normal wear and tear, overloading, abuse. accident, neglect, misuse, and/or altered/modified units. 4. General tightening, lubrication of latches, catches, electrical components. 5. Interior cabinets. 6. Fiberglass components. 7. Items not specifically hereinabove designated as covered items. 8. The expense of transporting the product to an authorized service center for service, and all expense arising from or relating to such transportation I;: 11 SJ . . ~ WARRANTY TERMINATION The following actions or events will resule in the auromatic termination of this Limited Structural Warranty and relieve Warrantor from any and all obligations under this Limited Structural Warranty: 1. Misuse of neglect of the product, failure to provide reasonable and necessary maintenance, unauthorized alteration or modification, accident or improper loading. 2. Sale of the Products by original retail purchaser. 3. The expiration of the warranty period (s) set out herein. 4. Chassis remount, LIDless the remount work is performed by Warrantor or by a service facility approved, in advance and in writing, by Warrantor. WARRANTOR RIGHTS Warrantor reserves the unrestricted right to change the parts and designs of its products from time to time without notice and with no obligation to make corresponding changes in products previously manufactured. CLAIM PROCEDURES All Limited Structural Warranty Service is to be performed at Warrantor's factory or at an authorized Limited Structural Warranty Service location. Warrantor must authorize all Limited Structural Warranty Serviu in writinQ'. PRIOR to MrfonnaDce. Such written authorization instructing Owner as to where and when to deliver the product for Limited Structural Warranty Service will be given within five (5) working days of receipt of notification of a defect or malfunction provided that Limited Structural Warranty covers such defect of malfunction and all other terms of this Limited Structural Warranty have been satisfied in full. Notice shall be presented in writing to McCoy Miller Division of VSV Group, 111001 Drive, Elkhart, Indiana 46514 and must be submitted on or before the date of expiration of the appropriate Warranty period. Notice shall give Owner's name and address, a brief description of the problem. the product model and serial number. the date of purchase, product mileage, the name of the dealer who sold the product, the current product location and Owner's location for contact during regular business hours. ~ ~ . DAMAGE RECOVERY LIMITATIONS NO PERSON SHALL BE ENTITLED TO RECOVER FROM WARRANTOR FOR ANY CONSEOUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO ANY DEFECT IN THE PRODUCT. @ ~ !~ I ~ ~ 'XI ~ (~ ~$NJ8J"@JgU~01gr WARRANTY DISCLAIMER WARRANTOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF M~RCHANT ABILITY AND OF FITN~SS FOR PARTICULAR PURPOSE. There are no Warranties of anv nature. eXDress or imDlied. made bv Warrantor bevond the contents of this limited Wlrrantv. No Denoo bas lIuthoritv to tnlaf@:e. amend or modify this Warrantl'. LEGAL RIGHTS This warranty give only those legal rights specitically enumerated herein. You may have other legal rights, which vary from stale to state. SOME STATES DO NOT ALLOW THE EXCLlISION OF LIMITATION OF INCIDENTAL OR CONSEQUENT AL DAMAGES OR OF THE DURATION OF IMPLIED WARRANTIES, SO THE ABOV~ LIMITATIONS MAY NOT APPLY TO YOl'. ! ! Veritraus Specialty Vehicles.lllc. d/b/a VSV Group 1110 D I Orive, Etkhart, IN 46514 (574) 264-751 I Rev. 04/03 ~~ McCoy Miller Division of VSV Group, Inc Supplemental Limited Paint Warranty SUPPLEMENTAL WARRANTY COVERAGE As a supplement to the Limited Ambulance Warranty, McCoy Miller Division of VSV Group, in conjunction with PPO, ("Warrantors") warrants to the orillinal retAil DurrbAscr for a period of seven (7) years from the date of delivery thai the original paint on each new ambulance shall be free of SUBST ANTJAL DEFECTS in materials and workmanship, which are attributable to Warrantor and which arise during the course of Donna I use and service. . THE ONLY ITEMS COVERED BY TmS SUPPLEMENTAL LIMITED WARRANTY ARE: I. Peeling or delamination of Top Coat and/or other layers ofpaint. 2. Cracking or checking. 3 Loss of gloss caused by cracking, checking and/or hazing. 4. Any paint failure caused by defective PPG finishes. ALL OTHER tTEMS ARE EXCLUDED FROM THE COVERAGE OF THIS SUPPLEMENTAL LIMITED WARRANTY PERFORMANCE: SUPPLEMENTAL WARRANTY PERFORMANCE Owner's exclusive remedy under this warranty shall be repair of Substantial Defects, free of charge to the Owner. Owner shall bear all expenses arising out of or relating to transporting the product to the appropriate Warranty Service Location. Warrantor shall have the sole option to determine the location for provision of warranty service. :i . WARRANTY VALIDATION Strict compliance with warranty validation procedures set forth in the Limited Ambulance Wan'anty is necessary to validate this Limited Paint Warranty. ~ to Validate within the exoress term of the limited Ambulance Warranty voids this Limited Paint Warranty. ~ ~ . EXPLICIT EXCLUSIONS This Limited Paint Warranty DOES NOT COVER: 1. Paint deterioratiOIl caused by blisters or other film degradation due to corrosion originating from the substrata. 2. Hazing, chalking or loss of gloss caused by improper care, abrasive polishes, cleaning agents, hcavywduty pressure washing, or aggressive mechanical wash systems. 3. Paint deterioratioll caused by abuse, accidents, acid rain, chemical fall oul or act ofllaturc 4. Accidents, scratches, chips, bruises and/or gloss reduction due to 110nnal use and maintenance. S Custom finishes. exotic finishes or any finish other than standard refinish procedure!! 6 Finishes on vehicles used for competitive purposes. 7 Repairs done over prevIOusly refinished areas, unless stripped to bare metal or appropriate substrata 8. Normal wear and tear, abuse, accident, neglect, misuse, and/or altered/modified units. 9 Claims made without following procedures or Without prior presentation of proper documentation. 10 Items nol specifically hereinabove designated as covered items. 11. The expense of transporting the prodllCt to an authorized PPG or McCoy Miller service center for service, and all expense arising from or relating to such transportation. 12. Failure of finishes containing less than 100% PPG approved products. 13. Failure of finishes performed by NOllwpPG Certified Refinish Technicians or by Non-PPG Certified Repair Centers. All PPG certifications must be current to be acceptable hereunder WARRANTY TERMINATION The fOllowing actins or events will result in the automatic tennination of this limited Paint Warranty and relieve Warrantor from any and all obligations under this limited Paint warranty I Misuse or neglect of the product, failure to provide reasonable and necessary maintenance, unauthorized alteration or modification, accident, or improper loading. 2. Sale of tile product by original retail purchaser. 3. The expiration of the warranly period(s) set out herein. WARRANTOR RIGHTS Warrantor reserves the unrestncted right to change the parts and designs of ils products from time to time without notice and with no obligation to make corregponding changes ill products prevlollslymanufactured 1. . ~ CLAm PROCEDURES All Limited Paint Warranty Service is to be perfonned at Warrantor's factory or at an authorized Limited Paint Warranty Service location. Warrantor must authorize. in writiOI!. all Limited raint Warranty Service PRIOR to oerformanee. Such written authorization instrllctiug Owner as to where and when to deliver the product for LImited Pamt Warranty Service will be given within five (5) working days of receipt of nOlification of a defect or malfunction provided that Limited Paint Warranty covers stich defect of malfunction and all other tenns of this Limited Painl Warranty have been satisfied in full. Notice shall be presented in writing to McCoy Miller Division of VSV Group, 1110 or Dnve, Elkhart, Indiana 46514 and must be submiued 011 or before the date of expiralion of lhe appropriate Warranty period. Notice shall give Owner's name and address, a brief description of tbe problem. tbe product model and serial number, the dale of purchase, product mileage, the name of the dealer who sold the product, Ihe current productlOCalion and Owner's location for contHct during regular business hours ~ ~ . DAMAGE RECOVERY LIMITATIONS NO PERSON SHALL BE ENTITLED TO RECOVER FROM WARRANTOR FOR ANY CONSEOIJENTlAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO ANY DEFECT IN THE PRODlJCT. . WARRANTY DISCLAIMER WARR~NTOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCI.lIDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS fOR PARTlCliLAR PlJRPOSE. :< There 8re no Warranties of anv nattlre. exoress or imolied. made bv Warrantor bevond the contents of this Limited Warnntv. No MrsoD has authori", to enlaree. amend or modifv tbis Warrantv. LEGAL RIGHTS The warranty give only lhose legal ril!hl~ specifically enumerated herein. You mlly have other legal rights, which vary ITom state 10 state. SOME STATES DO I\OT ALLOW THE EXCLUSION OF LIMITATION Of INCIDENTAL OR CONSEQUENTAL DAMAGES OR OF THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MA V NOT APPL V TO VOll. Re\'.04IOJ Vtritrans Specialty Vthicles.lnc. d/b/a/ VSV Group 1110 D I Drive E1khRrf,IN %514 (574) 264-7511 /8f@mmJ8!ll9Ji9J.< ~ ~ ~ ~ ~ ~ ~ McCoy Miller Division ofVSV Gronp, Inc Limited Ambulance Warranty WARRANTY The McCoy Miller Division of VSV Group ("Warrantor") warrants to tbe orhdnal retail Durchaser for a period of forty-eight (48) months or forty eight thollsand (48,000) miles from the date of delivery, whichever comes first, that this product shall be free ofSUBST ANTlAL. DEFECTS in materials and workmanship, which are attributable to Warrantor and which arise during the course of normal use and service. WARRANTY PERFORMANCE Owner's exclusive remedy under this warranty shall be repair or replacement of defective parts, free of charge to the Owner. Owner shall bear all expenses arising out of or relating to transporting the product to the appropriate Warranty Service Location. WARRANTY VALIDATION Return of the Owner's Registration Card is required to validate this Warranty Failure to return the owner's rtllistration card voids this Warrantv. EXPLICIT WARRANTY EXCLUSIONS This Limited Ambutanee WWTanty DOES NOT COVER: I. Damage to the soft trim and appearance items if such damage is due to normal use, wear and tear, or exposure to elements. 2. Accessories or parts not manufactured by Warrantor, which items include (but are not limited to): the chassis and its component parts, tires, tire balancing, wheel alignment, inverters, sirens, light bulbs, light bars, battery chargers, generator, air conditioners, radios, power converters and batteries. The manufacturers of these products may provide warranties covering the performance of their particular products. 3. Products that have been altered or modified by any party other than Warrantor. 4. Damage caused by misuse, neglect, negligence or accident. Usage of this product in a manner, which is inconsistent with design intentions or inconsistent with owner's manual directions, will invalidate this warranty in regard to damage caused by or relating 10 such inconsistent llsage. 5. Expenses arising out of or related to transporting the product to an appropriate Warranty Service location for service. WARRANTY TERMINATION The following actions or events will result in the automatic termination of this Warranty and relieve Warrantor from any and all obligations under this WarrWlty: I. Misuse or neglect of the product, failure to provide reasonable and necessary maintenance, unauthorized alteration or modification, accident or improper loading. 2. Sale of the Products by original retail purchaser. 3. The expiration of the warranty period (s) set out herein. WARRANTOR RIGHTS Warrantor reserves the unrestricted right to change the parts and designs of its products from time to time without notice and with no obligation to make corresponding changes in it's product previously manufactured. CLAIM PROCEDURES All Warranty Service is to be performed at Warrantor's factory or at an authorized Limited Ambulance Warranty Service location. Warrantor must authorize all Limited Ambulance Warrantv Service in writin!!. PRIOR to oerformance. Such written authorization instructing Owner as to where and when to deliver the product for Limited Ambulance Warranty Service will be given wilhin five (5) working days of receipt of notification of a defect or malfunction provided that limited Ambulance Warranty covers sllch defect or malfunclion and all other terms of this Limited Ambulance Warranty have been satisfied in full. Notice shall be presented in writing to McCoy Miller Division of VSV Group, 1110 DI Drive, Elkhart, Indiana 46514 and must be submitted on or before the date of expiration of the appropriate Warranty period. Notice shall give Owner's name and address, a brief description of the problem, the producl model and serial number, the dale of purchase, product mileage, the name of the dealer who sold the product, the current product location and Owner's location for contact during regular business hours. DAMAGE RECOVERY LIMITATIONS NO PERSON SHALL BE ENTITLED TO RECOVER FROM WARRANTOR FOR ANY CONSEOUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO ANY DEFECT IN THE pnODUCT. WARRANTY DISCLAIMER WARRANTOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANllES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSE. There are DO Warranties of 11ft\' nature. exoress or imolied. made bv Wlrfllotor beyond Ihe contents of this Limited Warrantv. No Person has anlholitv to enlaJ1!"e. amend or modify this Warralih'. LEGAL RIGHTS This warranty gives only those legal rights specifically enumerated herein. You may have other legal rights, which vary from state to slate. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENT AL DAMAGES OR OF THE DURATION OF IMPLIED WARRANTIES. SO THE ABOVE LlMITA TlONS MAY NOT APPLY TO YOU. Veritrans Specially Vehicles. Inc. d/b/al VSV Group 1110 D I Dr;... Elkhart, IN 46514 (574)264-7511 Rev. 04/03 ~ ~ ! ! ~~