HomeMy WebLinkAboutDoc 040 - Contract for Chip SpreaderDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 13, 2013
Please see directions for completing this document on the next page.
DATE: March 5, 2013
FROM: Randy McCulley Road Department 541-322-7125
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2013-040, A Contract For The Purchase of ONE (1) New
Current Model Chip Spreader.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The Road Department opened bids on February 26,2013 for One (1) New Current Model Chip
Spreader. Due to the receipt of only a single bid, this action bypasses issuance of a Notice of Intent to
Award process and proceeds directly to the award of the contract.
A chip spreader is a self-propelled machine that receives aggregate from a dump truck and distributes it
evenly over hot oil or asphalt emulsion. It uses computer controlled rate control to distribute the correct
amount ofmaterial to project at any width between 1 and 20 feet. Precision application of material
reduces overall project cost by reducing waste and minimizing cleanup.
We are replacing our existing Bearcat Chip spreader that is 19 years old. It is becoming less reliable due
to high hours and has increasingly obsolete technology. The replacement unit has current rate control
technology and capability and represents an investment in the County's expanding chip seal program.
The chip spreader is an integral part of our chip seal program; Deschutes County will chip seal
approximately 108 miles of road next year. The existing chip spreader will serve as a backup unit
within our operation, thereby adding reliability to our program by reducing the likelihood of costly
shut-downs. The existing spreader will also serve as a potential back-up apparatus for the region via
the Central Oregon Public Works Partnership.
It is not unanticipated that the County would receive only a single bid for a specialty piece of
equipment of this nature. While the bid is slightly over the anticipated budget amount ($240,000), it is
within reason, especially given changes in the manufacturer's specification that have occurred since
budget approval in the spring of 20 12.
The bid for the chip spreader is as follows:
Bearcat Mfg Inc. Bearcat 2012 $250,000.00
FISCAL IMPLICATIONS:
Funds are budgeted in the 2012-2013 fiscal budget of $240,000.00.
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RECOMMENDATION & ACTION REQUESTED:
f Staff recommends approval of Document 2013-040, A Contract for the purchase of One (1) New
! Current Model Chip Spreader to the lowest bidder that meets specifications, Bearcat Mfg. Inc.
I Suggested Motion: "I move to approve Board signature of Document 2013-040 awarding a contract for
the purchase of a new chip spreader to Bearcat Manufacturing Incorporated in the amount of
j $250,000.00."
ATTENDANCE: Randy McCulley and/or Chris Doty I•
DISTRIBUTION OF DOCUMENTS:
Signed contract sent to Sheila OdIe (ext. 7148) at the Road Department.
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DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: IMarch 5, 201~ Department: IRoadl
Contractor/Supplier/Consultant Name: IBearcat Mfg Inij
Contractor Contact: IFred Andersonl Contractor Phone #: 1928-684j
178511
Type of Document: Contract
Goods and/or Services: Contract For The Purchase of ONE (1) New Current Model
Chip Spreader.
Background & History: The Road Department opened bids on February 26, 2013 for
One (1) New Current Model Chip Spreader. Due to the receipt of only a single bid, this
action bypasses issuance of a Notice of Intent to Award process and proceeds directly
to the award of the contract.
A chip spreader is a self-propelled machine that receives aggregate from a dump truck
and distributes it evenly over hot oil or asphalt emulsion. It uses computer controlled
rate control to distribute the correct amount of material to project at any width between 1
and 20 feet. Precision application of material reduces overall project cost by reducing
waste and minimizing cleanup.
We are replacing our existing Bearcat Chip spreader that is 19 years old. It is becoming
less reliable due to high hours and has increasingly obsolete technology. The
replacement unit has current rate control technology and capability and represents an
investment in the County's expanding chip seal program. The chip spreader is an
integral part of our chip seal program; Deschutes County will chip seal approximately
108 miles of road next year. The existing chip spreader will serve as a backup unit
within our operation, thereby adding reliability to our program by reducing the likelihood
of costly shut-downs. The existing spreader will also serve as a potential back-up
apparatus for the region via the Central Oregon Public Works Partnership.
It is not unanticipated that the County would receive only a single bid for a specialty
piece of equipment of this nature. While the bid is slightly over the antiCipated budget
amount ($240,000), it is within reason, especially given changes in the manufacturer's
specification that have occurred since budget approval in the spring of 2012.
The bid for the chip spreader is as follows:
Bearcat Mfg Inc. Bearcat 2012 $250,000.00
Agreement Starting Date: P3/13/1 ~ Ending Date: 108/31/1 ~
3/6/2013
Annual Value or Total Payment: 1$250,000.oq
12?1 Insurance Certificate Received check box)
Insurance Expiration Date: 05/31/2013
Check all that apply:
12?1 RFP, Solicitation or Bid Process o Informal quotes «$150K) o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? 12?1 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes 12?1 No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone#:
Departmental Contact and Title: Randy McCulley Phone #:
[§j41-322-7125
Department Director Approval: __ ~~-=--=.;-._.'~'___ 03/0"/')L_>.,_·I\;......;·
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been Signed? Include complete information if the document is to be mailed.
53 k~i I(L Cd/e. J2..oaol (Je (J t-Sir '! 1'1 g-
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____)
Legal Review Date
Document Number _-,~"-"",,O'-LI=3'--'.-.;;O:;;....:l/,-,o~___
3/6/2013
DESCHUTES COUNTY CONTRACT SUMMARY
(Department shall complete all sections above Official Review line)
Date: March 6, 2013
Department: Road
Contractor/Supplier/Consultant name: Bear Cat Mfg., Inc.
Contact Person: Fred Anderson Phone: (928) 684-7851
Goods and/or Services: The Manufacture and Delivery of One (1) New Current Model
Chip Spreader
Background/H istory:
The Road Department opened bids on February 26, 2013 for One (1) New Current Model
Chip Spreader. Due to the receipt of only a single bid, this action bypasses issuance of a
I
Notice of Intent to Award process and proceeds directly to the award of the contract.
A chip spreader is a self-propelled machine that receives aggregate from a dump truck and
distributes it evenly over hot oil or asphalt emulsion. It uses computer controlled rate control
to distribute the correct amount of material to project at any width between 1 and 20 feet.
Precision application of material reduces overall project cost by reducing waste and
minimizing cleanup.
1 We are replacing our existing Bearcat Chip spreader that is 19 years old. It is becoming
I less reliable due to high hours and has increasingly obsolete technology. The replacement
I unit has current rate control technology and capability and represents an investment in the
County's expanding chip seal program. The chip spreader is an integral part of our chip
seal program; Deschutes County will chip seal approximately 108 miles of road next year.
l The existing chip spreader will serve as a backup unit within our operation, thereby adding
reliability to our program by redUCing the likelihood of costly shut-downs. The existing
spreader will also serve as a potential back-up apparatus for the region via the Central
Oregon Public Works Partnership.
It is not unanticipated that the County would receive only a single bid for a specialty piece
of equipment of this nature. While the bid is slightly over the anticipated budget amount
($240,000), it is within reason, especially given changes in the manufacturer's speCification
that have occurred since budget approval in the spring of 2012.
The bid for the chip spreader is as follows:
Bearcat Mfg Inc. Bearcat 2012 $250,000.00
Starting Date: 03/13/13 Ending Date: 08/31/13
Annual Value or Total Payment: $250,000.00
3/6/20l3
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129 Insurance Certificate Received (check box)
Insurance Expiration Date: OS/31/13
Check all that apply:
129 RFP, Solicitation or Bid Process
o Infomlal quotes «$1S0K)
Exempt from RFP, Solicitation or Bid Process
o (specify -see DCC §2.37) Special Procurement
Funding Source: Road Fund (Fund 32S) (Included in current budget? 1&1 Yes No)
If No, has budget amendment been submitted? 0 Yes 0 No
Departmental Contact: Randy McCulley Fleet & Equipment Manager
Name Title
Department Director Approved: --~--~---=:;-r--'-03lu If}~J~
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$2SK)
o Administrator (if >$2SK but <$1S0K; if >$1S0K, BOCC Order No. )
Legal Review ___________
DocumentNumber~2~O~1~3~-O~4~O~____________
3/6/2013
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DESCHUTES COUNTY
BID DOCUMENTS FOR
THE MANUFACTURE AND DELIVERY OF
ONE (1) NEW CURRENT MODEL
CHIP SPREADER
BID OPENING: FEBRUARY 26, 2013 2:00 P.M.
Road Department
61150 SE 27th St -Bend, Oregon 97702
(541) 388-6581-FAX (541} 383-2719
January 13,2013
Deschutes County Road Department
Addendum #1 to ITB #2012-040
The Manufacture and Delivery of One (1) New Current Model Chip Spreader
Attention to bidders: As stated in the ITB 2 .2.9 Addenda, we are notifying all bidders receiving the
ITB of the following changes/clarifications to the specifications. Please include this addendum with
signature of person preparing the bid and any exceptions taken with your submitted bids.
Page 8 (2.4) Amended to read:
The successful bidder must equal or exceed the specified perfonnance criteria and needs set forth in
Attachment I and shall demonstrate sufficient backgroWld of same. The COWlty, in its sole discretion, shall
detennine whether Contractor is a "Responsible Bidder" pursuant to ORS 279B.11O and has not been
debarred under ORS 279B.130.
Page 29 (4.1.2.3) Amended to read:
In the interest of reducing delays, for example due to extensive travel time by repair personnel, the
successful bidder shall allow the option of Deschutes County perfonning necessary warranty repairs as
instructed by the bidder. In the event repairs covered by product warranty are required and COWlty
exercises the option to make such repairs using COWlty employees, Bidder shall reimburse COWlty for such
repair work at the Deschutes County Fleet Services established shop labor rate.
Page 29 (4.1.5.1) Amend to read:
Deschutes County shall receive this equipment no later than August 31, 2013 .
Page 30 (4.2 .1.4) Amend to read:
Maximum height without canopy shall not exceed 10'6"
Page 31 (4.2.3.1) Amended to read:
Front axle to be drive/steering axle with a minimum of30,000Ib capacity with hydraulically applied multi
disc wet brakes and rubber suspension.
Page 31 (4.2.3.2) Amended to read:
Rear axle to be drive axle with a minimum of23,000lb capacity with air applied "S"-cam brakes.
Page 31 (4.2.3 Axles, Steering, and Braking System) Delete item:
'--4.2 .3.3 servic:~disc type on both axles .
.~\~ ~·1~·13 RandyMCb~lley .'. Date
Fleet & Equipment Manager
Page 1 of 2
2113/2013
RM
Ro.d Department
61150 SE 27th St.• Bend, Oregon 97702
(541) 388-6581· FAX (541)388-2719
SIGNATURE OF BIDDER Date
THIS SHEET, COMPLETE WITH A ITACHMENTS, TO BE SUBMITTED WITH BID PROPOSAL.
Page 2 of 2
2113/2013
RM
DESCHUTES COUNTY ROAD DEPARTMENT
BEND,OREGON
INVITA '"ION TO BID 2013
FOR THE MANUFACTURE AND DELIVERY OF
ONE (1) NEW CURRENT MODEL
CHIP SPREADER
Sealed bids will be received at the Deschutes County Road Department, 61150 SE 27th
Street, Bend, Oregon 97702, until but not after, 2:00 p.m. on February 26, 2013 at which time
all bids for the above-entitled public works project will be publicly opened and read aloud.
The proposed work consists of the following: The Manufacture and Delivery Of One (1) New
Current Model, Chip Spreader.
Specifications and other bid documents may be inspected and obtained at the Deschutes
County Road Department, 61150 S.E. 27th Street, Bend, Oregon 97702 or the Deschutes
County website, www.deschutes.org. Inquiries pertaining to these specifications shall be
directed to Randy McCulley, Equipment Manager, telephone (541) 604-6917.
IMPORTANT: Prospective bidders downloading/accessing website-posted project specifications and
other bid documents MUST complete and submit the Contact Information Form provided on the
website, or contact the Road Department by telephone at (541) 388-6581, to provide contact
information, to receive follow-up documents (addenda, clarifications, etc). Failure to provide contact
information to the Road Department will result in proposer disqualification. Only those requesting
project specifications directly from the Road Department and those notifying the Road Department
website access to the project specifications will receive follow-up documents (addenda, clarifications,
etc).
Bids shall be made on the forms furnished by the County, incorporating all contract documents,
addressed and mailed or delivered to Chris Doty, Department Director, 61150 SE 27th Street,
Bend, Oregon 97702 in a sealed envelope plainly marked "BID FOR ONE (1) NEW CURRENT
MODEL CHIP SPREADER" and the name and address of the bidder.
No bid will be received or considered by Deschutes County unless the bid contains a statement
by the bidder that the provisions of ORS 279C.840 are to be complied with. Each bid must
contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120
(1) (b). Oregon law requires the contract be awarded to the lowest responsive bidder who
provides recycled materials instead of non-recycled materials pursuant to ORS 279A.125.
The award of the contract and purchase of this equipment unit is subject to approval of the
2012/2013 Fiscal Year Budget by the Deschutes County Board of Commissioners. Subject to
budget approval, the contract will be awarded at a regularly scheduled meeting of the Board of
County Commissioners.
Deschutes County may reject any bid not in compliance with all prescribed bidding procedures
and requirements, and may reject for good cause any or all bids upon a finding of Deschutes
County it is in the public interest to do so. The protest period for this procurement is seven (7)
calendar days.
CHRIS DOTY
Department Director
PUBLISHED:
DAILY JOURNAL OF COMMERCE: February 11, 2013 and February 18. 2013
THE BEND BULLETIN: February 11, 2013 and February 18,2013
Road De artment
61150 S.E. 27th st., Bend, OR 97702
(541) 388-6581 . FAX (541) 388-2719
INVITATION TO BID
Contract Number: 2013-040
The Maimfacture and Delivery of One (1) New CruTent Model
Chip Spreader
CLOSING DATE: February 26, 2013 TIME: 2:00 PM Local Time
BUYER: Randy McCulley PHONE (541) 604-6917 FAX: (541) 388-2719
E-MAIL: Randym@co.deschutes.or.us
ITABLE OF CONTENTS
Description Page(s)
Section 1 Introduction 2
Section 2 Instructions to Bidders 3-8
Section 3 Terms and Conditions 9
Section 4 Specifications 9
Section 5 Pricing Page 10
Section 6 Bid Form 11
Exhibit A Contract for Goods / Services 12-27
Attachment 1 Equipment Specifications 28-36
Attachment 2 FormW-9 37-40
CONTRACT NO. 2013-040 Page 1 of40
SECTION ONE
INTRODUCTION
1.1 Purpose: The Deschutes County Road Department ("County") is soliciting bids for the
purchase of one (1) New Current Model Chip Spreader for its Road Department located
at 61150 SE 27th Street, Bend Oregon 97702.
The issuance of this Invitation to Bid ("ITB"), and the award of any contract resulting
thereof, shall be governed by Deschutes County Public Contracting Code Chapter 2.37,
and OAR 137 divisions 46,47, and 48, the Model Rules of Public Contract Procedure.
Single Point of Contact: Except as expressly noted elsewhere in this ITB, Randy
McCulley, Fleet and Equipment Manager ("Buyer") shall be the only point of contact for
this ITB. Any questions or issues that may arise regarding the specifications, the
solicitation process, or the award process shall be directed to the Buyer listed above using
the contact information provided on the first page of this ITB. County's official response
to any questions or requests shall be through direct letters or addendum.
ORAL INSTRUCTIONS OR INFORMATION CONCERNING TIDS PURCHASE
GIVEN OUT BY OFFICERS, EMPLOYEES, OR AGENTS OF THE COUNTY
TO PROSPECTIVE BIDDERS SHALL NOT BIND THE COUNTY.
1.2 Trade-in: NONE
1.3 Guaranteed Buyback: NONE
1.3.1 A bid or proposal surety is not required for this solicitation.
1.4 Cooperative purchasing: Cooperative purchasing agreement pursuant to, ORS 279.015
in Oregon, other public agencies may use the purchase agreement resulting from this
invitation to bid, unless bidder expressly notes on the proposal form that the prices
submitted are available to Deschutes County only. The condition of such use by other
agencies is that any such agency must make and pursue contract purchase offer, delivery
arrangement and all contractual remedies directly with the successful bidder; Deschutes
County accepts no responsibility for performance by either the successful bidder or such
other agency suing this agreement. With such condition, the Deschutes County Road
Department consents to such use the purchasing agreement resulting from this invitation
to bid by any other public agency.
CONTRACT NO. 2013-040 Page 2 of 40
SECTION TWO
INSTRUCTIONS TO BIDDER
2.1 DEFINITIONS
The following defInitions are provided as a courtesy to potential Bidders:
2.1 Deschutes County may be referred to as: "Deschutes County," "County,"
"Owner," or "Agency."
2.2 Invitation to Bid may be referred to as "ITB," or "solicitation."
2.3 Bidders may be referred to as: "Bidders," "Offerors," "Companies," or
"Respondents."
2.4 The successful bidder awarded a contract from this solicitation may be referred to
as: "Contractor," "Successful Bidder," or "the Awarded Party."
2.5 The document( s) that will be executed with the successful bidder from this
solicitation may be referred to as "Contract," "Agreement," or "Purchase Order."
2.6 Oregon Revised Statute may be referred to as "ORS."
2.7 Oregon Administrative Rule may be referred to as "OAR."
2.2 BID PREPARATION:
2.2.1 Bid Format: Bids shall be typewritten or prepared in ink and shall be submitted
on the forms provided in the Invitation to Bid. No oral, telegraphic, telephone or
facsimile bids shall be accepted.
2.2.2 Bid Submission: Bidders shall provide one (1) original signed Bid Form, one (1)
original Pricing Page, and any addenda that require a signature. Bids must be
received by the County on or before the bid closing date and time. A bid sent by
regular mail, postmarked before the closing date, but actually received by the
County after the closing date will not be considered to have been received within
the required time. Bids shall be addressed as follows:
Deschutes County Road Department
Attention: Randy McCulley
Invitation to Bid (ITB) Contract Number: 2013-040
One (1) Chip ~preader
61150 SE 27t Street
Bend, Oregon 97702
CONTRACT NO. 2013-040 Page 3 of 40
2.2.3 Method of Bidding: Bidders shall supply, in the proper columns, all information
required on the Bid Form and Pricing Page. The price of each item shall be clearly
shown in the space provided. The price of each item shall be extended to show the
total when required. In case of errors in extension, the unit price shall prevail.
2.2.4 Inquiry Period: By submitting a bid, Bidders agree that they understand the
requirements of this ITB, and that they fully understand their obligations if they
were to enter into a contract with the County. Bidders shall raise any questions,
requests for change, requests for clarification, or exceptions concerning this ITB
(collectively referred to as "Inquiries") by facsimile to the Buyer, specified in
Section 1.1, on or before the Inquiry Deadline of February 18,2013. The names
of Bidders submitting Inquiries shall not be disclosed; however, all parties who
received the ITB shall receive a copy of the Inquiries and the responses to those
Inquiries. No Inquiries shall be accepted after February 18, 2013. If a Bidder
discovers any ambiguity, conflict, discrepancy, exclusionary specifications,
omission or other error in this ITB, and fails to notifY the County on or before the
Inquiry Deadline, the Bidder submits a response to this ITB at its own risk. The
County shall consider no Inquiries after this deadline. The Bidder shall not be
entitled to additional compensation, relief or time by reason of the error or its later
correction. Inquiries may be delivered to Buyer at the address listed in Section
2.2.2 or faxed to Randy McCulley at: (541) 388-2719. FAXED INQUIRIES
MUST BE CLEARLY LABELED "INQUIRIES REGARDING CHIP
SPREADER, ITB CONTRACT NO. 2013-040, ATTENTION: RANDY
McCULLEY"
2.2.5 Challenges to Invitation to Bid: If a prospective bidder believes that this
Invitation to Bid is unnecessarily restrictive, is legally flawed or improperly
specifies a brand name, a prospective bidder may file a protest in accordance
with ORS 279B.405.
Protests filed pursuant to ORS 279B.405 shall be in the form of a written
original signed document received at the address specified for bid submittals at
least seven (7) calendar days prior to the bid opening. At a minimum, the protest
shall include the following:
a. Title of Invitation to Bid
b. Bid opening date
c. Contact name, address, phone number and e-mail address of prospective
bidder filing the protest
d. Written narrative description of the grounds that demonstrate how the
Invitation to Bid is unnecessarily restrictive, is legally flawed or improperly
specifies a brand name
e. Evidence or supporting documentation that supports the grounds on which
the protest is based
f. The relief sought
CONTRACT NO. 2013-040 Page 4 of 40
Should a prospective bidder file a protest, the County will consider the protest
and issue a decision in writing no fewer than 3 business days before the bid
opening date. Otherwise, the County will promptly notify the protesting
prospective bidder that the protest is untimely or that the protest failed to meet
the requirements ofORS 279B.405.
2.2.6 Signature on Bid: Bids shall be signed in ink by an authorized representative of
the Bidder. Signature on a bid certifies that the bid is made without connection to
any other person, finn or corporation making a bid for the same purchase and is in
all respects fair and made without collusion or fraud.
A bid submitted in response to this ITB shall constitute a binding offer. Signature
on a bid also certifies that the Bidder has read, fully understands, and agrees with
all bid specifications, tenns and conditions. Comprehension of bid requirements
shall be the responsibility of the Bidder. Claims regarding a failure to
comprehend bid requirements will not be considered.
Bidders shall only enter infonnation within the bid document where it is requested
or required. Bidders shall not make any alterations to the original solicitation
document. Any bid that alters the Bid Fonn or solicitation requirements may be
rejected.
2.2.7 Bid Modification: Modifications or erasures made on the bid submission shall be
initialed in ink by the person signing the bid. Bids, once submitted, may be
modified in writing before the time and date set for bid closing. The County shall
consider the last bid submittal as the most current submittal. All previous bid
submittals shall be considered void. Bidders may not modify bids after bid
closing date and time.
2.2.8 Bid Withdrawals: Bids may be withdrawn by submitting a written request on
company letterhead signed by an authorized representative and received by the
County prior to bid closing time.
2.2.9 Addenda: County reserves the right to make changes to the ITB by
written addenda, prior to the closing date and time. Addenda shall
only be issued by County and, upon issuance, are incorporated into the ITB.
If any part of this ITB is amended, addenda will be provided to all Bidders who
received the initial ITB directly from the County.
If required by addendum, Bidders shall sign and return the addendum prior to
the closing date and time.
2.2.10 Cost of Bid: County shall not be responsible for any costs incurred by the Bidder
in the preparation or submission of a bid, including but not limited to any costs
incurred for making necessary studies or designs for the preparation of a bid, or
for procuring or contracting for the Chip Spreader to be furnished under this ITB.
CONTRACT NO. 2013-040 Page 50f40
2.2.11 Parts and Materials: The parts and materials proposed in Bidder's offer shall be
the latest model, of current date, and shall meet all bid specifications. No surplus,
remanufactured, or used products will be considered.
2.2.12 Use of Brand or Trade Names: Any brand or trade names used by County in
bid specifications are for the purpose of describing and establishing the standard
of quality, performance and characteristics desired and are not intended to limit or
restrict competition. Bidders may submit bids for substantially equivalent
products to those designated unless the ITB provides that a specific brand is
necessary because of compatibility requirements or other reason identified by
County. All brand substitutions shall be approved or denied at the sole discretion
of County.
2.3 BID EVALUATION AND AWARD:
2.3.1 Method of Award: An award shall be made to the responsive and responsible
bidder who submits the lowest total cost for the Chip Spreader as specified,
required by this ITB. The basis for determination oflowest responsible and
responsive offeror shall be the amount of the LINE ITEMS bid including all
required equipment for each line item. County reserVes the right to withdraw any
item(s) from award consideration ifit is in the best interest of the County to do so.
Evaluation ofBids shall be based upon the following criteria, where applicable:
1. The price determined by the total cost and conformity to specifications for the
Chip Spreader by a responsive and responsible bidder.
2.3.2 Minimum Requirements: Each bid submitted shall meet all minimum
requirements established by the specifications provided in Attachment 1, and
comply with the terms and conditions of the ITB.
2.3.3 Prior Acceptance of Defective Bids: Due to limited resources, the County
generally will not completely review or analyze any bid response which on its
face fails to comply with the requirements of the bid documents or which clearly
is not the lowest bid, nor will the County generally investigate the references or
qualifications ofthose who submit non-responsive bids.
2.3.4 Public Records and Requests for Confidentiality: All information submitted
by a Bidder will be considered public information unless the Bidder requests that
information be treated as confidential, and the information is considered exempt
under ORS 192.501 or 192.502. If a Bidder declares any information contained in
its bid submittal to be confidential, the Bidder must specifically identify those
sections containing as "Confidential Information" and briefly explain how and
why the information is exempt from disclosure to the public pursuant to ORS
192.501 or 192.502. The request must also include the name, address, and
telephone number of the person authorized by the Bidder to respond to any
inquires by the County concerning the confidential status of the materials.
CONTRACT NO. 2013-040 Page 6 of 40
Any documents submitted and any documents exchanged between the parties that
contain Confidential Information shall be marked on the outside as containing
Confidential Information, and each page upon which Confidential Information
appears must be marked as containing Confidential Information. The
Confidential Information should be clearly identifiable to the reader wherever it
appears. All copies submitted, as well as the original proposal, must be marked in
this manner. The Oregon Public Records Law exempts from disclosure only
certain types of public records, and the exemption from disclosure will not apply
if "the public interest requires disclosure in the particular instance," ORS 192.501.
Therefore, non-disclosure of documents or any portion of a document submitted
as part of a bid may depend upon official or judicial determinations made based
upon the Public Records Law.
2.3.5 Time for Acceptance: Bids shall be valid and firm for a period of90 days from
the closing date and may not be modified or withdrawn after the closing date.
2.3.6 Identification of Apparent Successful Bidder: The County will identify the
Apparent Successful Bidder before the fmal award of the contract, however, no
Bidder shall have any contractual rights or entitlements until the County has
approved the Contract award and the County Administrator or his designee has
signed said Contract.
2.3.7 Protest of Award: Adversely affected or aggrieved Bidders may protest the
County's intent to award a Contract. For pUIposes of this ITB, an adversely
affected or aggrieved Bidder is defmed as a Bidder who submitted a bid and is
eligible for award of the Contract as the best proposer or the lowest bidder and is
next in line for award. Eligible Bidders protesting award shall follow the
procedures described below. County will not consider protests which are not
submitted in conformance with these procedures. This protest procedure
constitutes the sole administrative remedy available to Bidders.
2.3.7.1 Protests must be received by County no later than seven (7) business
days after receipt of issuance of intent to award the Contract.
2.3.7.2 All protests must be in writing, signed by the protesting party or an
authorized agent and submitted to the Buyer listed in Section 1.1. The
protest must state all facts and arguments on which the protesting party
is basing the protest. The protest must claim, and state facts which
substantiate a claim, that all lower bidders are ineligible to receive the
contract award i) because their bids were non-responsive, or ii) because
the County committed a material violation of a provision in the
solicitation document or of an applicable statute or administrative rule,
and but for the alleged material violation the protestor would have been
the lowest bidder.
CONTRACT NO. 2013-040 Page 7 of 40 I
2.3.7.3 The procedures for filling an appeal are outlined in Deschutes County
Code (DDC 2.37.140.) Except as otherwise provided in DDC 2.37.140.,
the contents and filing of protests shall be in accordance with the Public
Contracting Code (ORS 279B.400 to 279B.425) and the Model rules
(OAR 137-047-0700 to 137-047-0800).
2.3.8 Right to Reject: The County reserves the right, in its sole discretion to:
2.3.8.1 Amend these solicitation documents;
2.3.8.2 Extend the deadline for submitting bid responses;
2.3.8.3 Determine whether a bid response does, or does not, substantially
comply with the requirements of the solicitation;
2.3.8.4 Waive any minor irregularity, informality, or non-conformance with the
requirements of the solicitation documents; and
2.3.8.5 At any time prior to Contract execution (including after announcement
ofthe apparent awardee):
2.3.8.5.1 To reject any bid responses that fails to comply with all prescribed
bidding procedures and with all requirements of these bid documents;
and
2.3.8.5.2 To reject all bid responses received and cancel this solicitation upon a
determination by the County that cancellation would be in the best
interest of the County.
2.4 BIDDER QUALIFICATIONS:
The successful bidder must equal or exceed the specified performance criteria and needs
set forth in item/project specifications and shall be able to show evidence of background
of such. The County, in its sole discretion, shall determine whether Contractor is a
"Responsible Bidder" and meets the standards set forth in OAR 177-036-0110 and has
not been debarred by the County under OAR 177-036-0210.
CONTRACT NO. 2013·040 Page 8 of 40
SECTION THREE TERMS AND CONDITIONS
Contract: The successful Bidder must sign a Purchase Agreement essentially in the form found
in Attachment 1 of this solicitation.
SECTION FOUR SPECIFICATIONS
By submitting a bid, Bidder agrees to perform work that complies with the specifications set
forth in the Equipment Specification Sheets (Attachment 1) of the Contract.
CONTRACT NO. 2013-040 Page 9 of 40
1
SECTION FIVE
PRICING PAGE
MANUFACTURE AND DELIVERLY OF ONE (1) NEW CIDP SPREADER
The undersigned bidder hereby certifies that he has read the bid documents in their entirety and
desires to submit to Deschutes County the following bid that conforms to said bid documents.
Method of award will follow criteria set forth in section 2.3 BID EVALUATION AND AWARD
1. MAKE, MODEL AND YEAR OF CHIP SPREADER
BEING BID: BEAR CAT B'~-2013/crc CHIP SPREADER
3. PURCHASE PRICE OF COMPLETE UNIT:
UNIT PRICE EXTENDED PRICE QTY
$ 250,000.00 $ 250,000.00
250,000.004. PURCHASER PAY ONLY THIS AMOUNT
6. DELIVERY DATE: The offeror shall deliver and install item(s) FOB destination
Deschutes County Road Department, 61150 SE 27th Street, Bend, OR 97702
1 20 DAYS AFTER RECEIPT OF ORDER.
BIDDER NAME: BEAR CAT MFG., INC.
CONTRACT NO. 2013-040 Page 10 of 40
SECTION SIX
BID FORM
This Bid shall be signed in ink by an authorized representative of the Bidder. Any alterations or
erasures to the Bid shall be initialed in ink by the undersigned authorized representative.
The undersigned agrees and certifies that he/she:
a. Has read and understands all instructions, specifications and tenns and conditions
contained herein;
b. Is the authorized representative of the Bidder, that the infonnation provided in this Bid is
true and accurate, and that providing incorrect or incomplete infonnation may be cause
for bid rejection or contract termination;
c. Is submitting a finn offer for a period ofno less than 90 days; and
d. Certifies that the infonnation was arrived at independently, without any collusion with
any other party competing for a contract under this Invitation to Bid.
I hereby acknowledge having received and duly considered the following addendum to the
specification and the following revision or additions to the plans: Addendum No __1___
to No. 1 inclusive.
BEAR CAT MFG., INC. 93-0632280
Bidder (COMPANY) Name FEIN ID# or SSN (REQUIRED)
3650 SABIN BROWN RD. WICKENBURG, AZ 85390
2-15-2013
Date
TREASURER
Title of Authorized Representative
FRED ANDERSON (928)684-7851
Contact Person Phone
fanderson@bearcatmfg.com
(928)684-3241
Fax Email
CONTRACT NO. 2013·040 Page 11 of40
EXHIBIT A
DESCHUTES COUNTY
CONTRACT FOR THE MANUFACTURE AND DELIVERY OF
ONE (1) NEW CURRENT MODEL
CHIP SPREADER
CONTRACT NUMBER 2013-040
This Contract is between Deschutes County ("County"), acting by and through Road Department
("Department"), and BEA.R CAT MFG. I INC.
-=-__-:---::-~__-~--:-_---~-___:_----~---("Contractor"}. This
Contract is effective on the date it has been signed by all parties and all required County approvals have
been obtained and Contractor has completed delivery of all Goods and Services in accordance with the
requirements of this Contract, as determined by Department. The parties may extend the term of this
Contract provided that the total Contract term does not extend beyond one year of the date signed.
Contractor agrees to sell, and Department agrees to purchase, Goods and Services for the benefit of
Department subject to the following terms and conditions:
This Contract is for the purchase and sale of the following: Manufacture and Delivery of One (1) New
Current Model Chip Spreader.
1. DEFINITIONS
A. "Contractor Intellectual Property" means any intellectual property owned by Contractor and
developed independently from Services.
B. "Goods" means the goods specified in section 2.
C. "IRS" means the Internal Revenue Service.
D. ·Open Source Elements" means any Work Product subject to any open source initiative certified
license. including Work Product based upon any open source initiative certified licensed work.
E. "Services" means the services, if any, that are incidental to the purchase of Goods and that
Contractor is required to perform under section 2.
F. "Specifications" means the specific attributes of Goods and Services described in section 3.
G. ''Third Party Intellectual Property" means any intellectual property owned by parties other than
Department or Contractor.
I. ·Work Product" means all Goods and Services Contractor delivers or is required to deliver to
Department pursuant to this Contract.
CONTRACT NO. 2013-040 Page 12 of 40 I
2. REQUIRED GOODS, SERVICES, PRICING AND DELIVERY SCHEDULE.
Contractor shall deliver to Department the following Goods and Services for the prices specified in
this section 2.
A. GOODS.
i. Description and Quantity:: Manufacture and Delivery of One (1) New Current Model Chip
Spreader.
Price: $ 250,000.00
B. SERVICES.
TRAINING: Contractor shall provide on-site training at an agreed upon time through a qualified
authorized service representative of the manufacturer. Contractor shall provide 6 hours of group
training for the individuals identified by Department in the operation, adjustment, repair and
maintenance of Chip Spreader delivered under this Contract.
Contractor shall perform Services at no additional cost to Department.
C. DELIVERY.
i. Completed Chip Spreader will be delivered and installed FOB Deschutes County Road
Department, 61150 SE 27th Street, Bend, Oregon 97702.
ii. TRAINING DELIVERY SCHEDULE:
Upon delivery of the Chip Spreader, the Contractor shall provide training as
described in section B at an agreed upon time.
3. SPECIFICATIONS.
Contractor shall deliver all Goods and Services specified in section 2 in accordance with this section 3.
Contractor's failure to deliver Goods and Services in accordance with the provisions of this Contract is a
material breach of this Contract. •
A. GENERAL PROVISIONS.
i. NON-COMPLIANCE. If any Goods or component parts are recalled by a regulatory body or
the manufacturer, or discovered by Contractor not to comply with applicable regulatory
standards or the Specifications, Contractor shall immediately notify Department of the recall or
non-compliance, and shall provide copies of the recall notice or notice of non-compliance, as
applicable, and all other supporting documentation for the recall or non-compliance
determination. Department may elect to (a) reject Goods in whole or in part, or (b) revoke its
acceptance of Goods in whole or in part. If Department rejects Goods or revokes its acceptance
of Goods, Contractor shall remove the particular Goods from Department's possession as
provided in section 4.D.iv at no cost to Department and shall reimburse Department for all
payments made for those Goods.
CONTRACT NO. 2013-040 Page 13 of 40
ii. STANDARD COMPONENTS. Unless specified otherwise in this section 3, Specifications,
Contractor shall provide Goods with all components and accessories that the manufacturer lists
as "standard" for Goods.
iii. NECESSARY COMPONENTS. Unless specified otherwise in this section 3, Specifications,
Contractor shall include all components, hardware and parts necessary for complete and
proper assembly, installation and operation of Goods.
iv. NEW AND UNUSED GOODS. Unless specified otherwise in this section 3, Specifications,
Contractor shall deliver Goods that are new, unused and produced from current production
inventory. Contractor shall provide Goods manufactured from only those components that the
manufacturer offers in the manufacturer's current parts catalogue for Goods.
B. DETAILED SPECIFICATIONS. As listed in (Attachment 1) of the contract.
4. TERMS AND CONDITIONS:
A. PAYMENT.
i. Department's Payment. Department shall pay Contractor for Goods delivered and Services
performed at the prices and rates specified in section 2. Contractor shall look solely to
Departmentfor payment of all amounts Department owes to Contractor. Contractor shall not
be compensated by any department of County other than Department for Goods delivered or
Services performed.
ii. If Contractor is a nonresident alien as defined in 26 USC § 7701(b)(1)(B), then Contractor
shall, upon execution of this Contract, deliver to Department a completed and signed W-8
form, 8233 form, or W-9 form (attached page 44) as applicable, from the IRS, as evidence
that Department is not required by 26 USC 1441 to withhold part of Contractor's
payment. Such forms are currently available at http://www.irs.qov. Department may withhold
payments to Contractor pending Department's receipt from Contractor of the applicable,
completed and signed form. If Department does not receive the applicable, completed and
signed form from Contractor, or if the IRS provides notice to Department that Contractor's
information on the form provided is incorrect, Department will withhold as federal income
tax 30% of all amounts Department owes to Contractor under this Contract.
iii. Funds Available and Authorized; Payments. Contractor understands and agrees that
Department's payment of amounts under this Contract is contingent on Department receiving
funding, appropriations, limitations, allotments or other expenditure authority at levels sufficient
to allow Department, in the exercise of its reasonable administrative discretion, to make
payments under this Contract.
iv. Payment shall be made within thirty (3~} days after delivery, installation, training and
acceptance by County and will be based upon the contract price provided as Item #3, Total Bid
as specified on the Bid Schedule.
B. INVOICES.
i. After County approval of delivery of all goods and services as specified, contractor shall
send all invoices to the Department mailing address specified in section 8 or to any other
address that Department may indicate in writing to Contractor. Contractor shall include in each
invoice:
a. The Solicitation number if any, the Contract number if any;
CONTRACT NO. 2013-040 Page 14 of 40
b. The quantity of Goods ordered, the quantity of Goods delivered, the date Goods
were delivered, the price per unit, if applicable;
c. A detailed description of Services performed, including the name or names of the
individuals who performed Services and prepared the deliverables to which the
invoice applies, the dates Services were performed, all deliverables delivered during
the period of the invoices, the rate or rates for Services performed, and the total cost
of Services
d. Itemization and explanation of all expenses for which Contractor claims
reimbursement authorized under this Contract; and
e. The total amount due, and the payment address.
C. MOST FAVORABLE PRICES AND TERMS.
Contractor represents and warrants that all prices, terms and benefits offered by Contractor under
this Contract are equal to or better than the equivalent prices, terms and benefits being offered by
Contractor to any other County or local governmental entity or commercial customer.
i. If during the term of this Contract Contractor enters any contract, agreement or arrangement
that provides lower prices, more favorable terms or greater benefits to any other County or local
governmental entity or commercial customer, Contractor shall provide the same price or prices,
terms and benefits to Department. The prices, terms and benefits shall be effective as of the
date Contractor made the more favorable terms or greater benefits available to any other
County or local governmental entity or commercial customer. This provision applies to
comparable goods and services and to purchase volumes by Department that are not less than
the purchase volumes of the County or local governmental entity or commercial customer that
has received the lower prices, greater benefits or more favorable terms.
ii. Section 4.C.i does not apply to Contractor's donations of comparable goods and services to
charitable, nonprofit or governmental entities if the donations are recognized as donations and
are deductible under the federal Internal Revenue Code. These donations are not considered
contracts, agreements or arrangements with other County or local governmental entities or
commercial customers for purposes of section 4.C.i.
D. ACCEPTANCE, REJECTION AND REVOCATION OF ACCEPTANCE:
i. ACCEPTANCE. Department shall test if Department, in its sole discretion deems testing
necessary, inspect and either accept or reject Goods delivered within seven (7) calendar days
from the date Contractor delivers Goods to Department. If Department does not provide written
notice of acceptance or rejection of Goods to Contractor within seven (7) calendar days
following the date of delivery of Goods, Department is deemed to have accepted Goods.
ii. REJECTION. If Department rejects Goods, then Department's written notice of rejection
shall, at a minimum, itemize the apparent defects and include:
a. a description of nonconformance between Goods delivered and the required
Specifications and warranties (including any variance from demonstrations or sample
characteristics of Goods if Contractor provided demonstrations or samples);
b. a description of any other nonconformance of Goods (including late delivery); and
c. a statement indicating whether Contractor may cure the nonconformance and if so, the
method by which and time period within which Contractor may cure.
iii. REVOCATION OF ACCEPTANCE. Notwithstanding Department's acceptance of Goods
under section 4.D.i Department may revoke its acceptance of Goods for nonconformance with
the Specifications. If Department revokes acceptance of Goods, Department shall deliver a
written notice of revocation of acceptance to Contractor that includes the same information
required for a written notice of rejection under section 4.D.ii.
CONTRACT NO. 2013-040 Page 150f40
iv. EFFECT OF REJECTION OR REVOCATION OF ACCEPTANCE. If Department rejects
Goods or revokes its acceptance of Goods, Contractor shall refund all payments Department
has made to Contractor for those Goods and shall, at no cost to Department, remove Goods
from Department's possession within seven (7) calendar days following the later of the date of
Department's notice of rejection. the date of Department's notice of revocation of acceptance,
or the date of Contractor's failure to cure if cure is permitted. Nothing contained in this section
4.D precludes Department from pursuing any remedies to which either may be entitled upon
rejection or revocation of acceptance of Goods or otherwise under this Contract.
E. OTHER REPRESENTATIONS AND WARRANTIES.
All express and implied warranties that are applicable to goods under ORS Chapter 72 apply to
Goods delivered under this Contract. Contractor represents and further warrants that:
L Contractor has the authority to enter into and perform in accordance with this Contract, and
Department that this Contract, when executed and delivered, is a valid and binding obligation of
Contractor that is enforceable in accordance with its terms;
ii. All Goods delivered to Department are new, unused, current production models
and are free from defects in materials, design and manufacture for the duration of the warranty
period specified in section 3 and Attachment 1, 4.1.2.1 & 4.1.2.2. Contractor further
represents and warrants that all Goods meet or exceed all Specifications;
iii. All Goods delivered shall comply with all applicable federal health and safety standards.
iv. Contractor has the skill and knowledge possessed by well-informed members of its industry,
trade or profession and Contractor will apply that skill and knowledge with care and diligence
and perform Services in a timely, professional and workmanlike manner in accordance with
standards applicable to Contractor's industry, trade or profession; and
v. Contractor is, and shall be at all times during the term of this Contract, qualified,
professionally competent and duly licensed to perform Services.
The warranties specified in this section 4.E are in addition to, and not in lieu of, any other warranties
provided in this Contract. All warranties are cumulative and shall be interpreted broadly to give
Department the greatest warranty protection available.
F. MANUFACTURER WARRANTIES.
At no charge to Department, Contractor shall transfer or cause the transfer of all manufacturers'
warranties for Goods and component parts, if any, to the Department for Department's benefit when
Contractor delivers Goods to Department. If a conflict or inconsistency exists between a
manufacturer's warranty and Contractor's warranty, the warranty that provides the greatest benefit
and protection to County shall prevail.
G. COMPLIANCE WITH APPLICABLE LAWS AND STANDARDS.
i. Contractor shall comply with all federal, state and local laws, regulations, and ordinances
applicable to this Contract or to Contractor's obligations under this Contract, as they may be
adopted or amended from time to time, including without limitation, Deschutes County Code
section 2.37.150.
ii. Department's performance under this Contract is conditioned upon Contractor's compliance
with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to
this Contract), 279B.230 and 279B.235 (if applicable to this Contract), which are incorporated
into this Contract by reference. Contractor shall, to the maximum extent economically feasible in
the performance of this Contract, use recycled paper (as defined in ORS 279A.010(1 )(ee»,
CONTRACT NO. 2013·040 Page 16 of 40
recycled PETE products (as defined in ORS 279A.01 O(1)(ff), and other recycled plastic resin
products and recycled products (as "recycled product" is defined in ORS 279A.010(1 Xgg».
H. MATERIAL SAFETY DATA SHEET.
At the time Contractor delivers Goods to Department, Contractor shall provide to Department a
"Material Safety Data Sheet" as defined by (OSHA) for any Goods delivered which may release or
otherwise cause exposure to a hazardous chemical substance under normal conditions of use.
Contractor shall properly label, tag or mark those Goods.
I. [RESERVED]
J. TIME IS OF THE ESSENCE.
Contractor agrees that time is of the essence in the performance of this Contract.
K. FORCE MAIEURE.
Neither Department nor Contractor shall be responsible for any failure to perform or for any delay in
the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism,
war, or any other cause which is beyond the delaying or breaching entity's reasonable control.
Contractor shall make all reasonable efforts to eliminate the cause of Contractor's delay or breach
and shall, upon elimination of the cause, continue performing under this Contract. Department may
terminate this Contract upon written notice to Contractor after reasonably determining that this
delay or breach could likely prevent successful performance of this Contract.
L. INSURANCE.
Contractor shall obtain the insurance required under section 5 prior to performing under this
Contract and shall maintain the required insurance throughout this duration of this Contract and all
Warranty Periods.
M. INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND
WITHHOLDING.
i. Contractor shall perform all Services as an independent contractor. Although Department
may (a) determine and modify the delivery schedule for Goods to be delivered and Services to
be performed and (b) evaluate the quality of the completed performance, Department cannot
and will not control the means or manner of Contractor's performance. Contractor is
responsible for determining the appropriate means and manner of performing any Services
required under this Contract. Contractor is not an "officer", "employee", or "agent" of
Department as those terms are used in ORS 30.265.
ii. If Contractor is currently performing work for County or the federal government, Contractor
by signature to this Contract declares and certifies that Contractor's performance under this
Contract creates no potential or actual conflict of interest as defined by ORS 244 and that no
rules or regulations of Contractor's employing department (county, state or federal) would
prohibit Contractor's performance under this Contract.
iii. Contractor shall payor cause to be paid all federal and state taxes applicable to
Contractor's compensation under this Contract, and Department will not withhold from
Contractor's compensation any amount to cover Contractor's federal or state tax obligations
unless Contractor is subject to backup withholding. Contractor is not eligible for any social
security, unemployment insurance or workers' compensation benefits from Contractor's
compensation under this Contract.
CONTRACT NO. 2013-040 Page 17of40
N. INDEMNIFICATION.
i. GENERAL INDEMNITY. CONTRACTOR SHALL DEFEND. SAVE. HOLD HARMLESS. AND
INDEMNIFY COUNTY, ITS DEPARTMENTS, OFFICERS, DIRECTORS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS. SUITS, ACTIONS, LOSSES, DAMAGES,
LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER ("CLAIMS")
RESULTING FROM, ARISING OUT OF, OR RELATING TO THE ACTS OR OM ISS IONS OF
CONTRACTOR OR ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS
UNDER THIS CONTRACT.
ii. INDEMNITY FOR INFRINGEMENT CLAIMS. WITHOUT LIMITING THE GENERALITY OF
SECTION 4.N.i, CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS AND INDEMNIFY
COUNTY, ITS AGENCIES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS,
AND EXPENSES, INCLUDING ATIORNEYS FEES, ARISING OUT OF OR RELATING TO ANY
CLAIMS THAT THE WORK, THE WORK PRODUCT OR ANY OTHER TANGIBLE OR
INTANGIBLE ITEM DELIVERED UNDER THIS CONTRACT BY CONTRACTOR THAT MAY BE
THE SUBJECT OF PROTECTION UNDER ANY STATE OR FEDERAL INTELLECTUAL
PROPERTY LAW OR DOCTRINE, OR THE DEPARTMENT'S REASONABLE USE THEREOF,
INFRINGES ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS,
MASK WORK, UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY
("INFRINGEMENT CLAIM"); PROVIDED, THAT COUNTY SHALL PROVIDE CONTRACTOR
WITH PROMPT WRITIEN NOTICE OF ANY INFRINGEMENT CLAIM.
iii. COUNTY SHALL REASOI\lABLY COOPERATE 11\1 GOOD FAITH, AT CONTRACTOR'S
REASONABLE EXPENSE, IN THE DEFENSE OF CLAIMS AND INFRINGEMENT CLAIMS,
AND CONTRACTOR SHALL SELECT COUNSEL REASONABLY ACCEPTABLE TO THE
DESCHUTES COUNTY LEGAL COUNSEL TO DEFEND SUCH CLAIMS AND INFRINGEMENT
CLAIMS AND SHALL BEAR ALL COSTS OF SUCH COUNSEL. COUNSEL MUST ACCEPT
APPOINTMENT AS A SPECIAL COUNTY COUNSEL BEFORE COUNSEL MAY ACT IN THE
NAME OF, OR REPRESENT THE INTERESTS OF, DESCHUTES COUNTY, ITS
DEPARTMENTS, OFFICERS, EMPLOYEES OR AGENTS. COUNTY MAY ELECT TO
ASSUME ITS OWN DEFENSE WITH AN ATIORNEY OF ITS OWN CHOICE AND AT ITS OWN
EXPENSE AT ANY TIME COUNTY DETERMINES IMPORTANT GOVERNMENTAL
INTERESTS ARE AT STAKE. SUBJECT TO THE LIMITATIONS NOTED ABOVE,
CONTRACTOR MAY DEFEND SUCH CLAIMS AND INFRINGEMENT CLAIMS WITH
COUNSEL OF ITS OWN CHOOSING PROVIDED THAT NO SETILEMENT OR COMPROMISE
OF AI\IY SUCH CLAIMS AND INFRINGEMENT CLAIMS SHALL OCCUR WITHOUT THE
CONSENT OF COUNTY, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED.
O. ASSIGNMENT OF ANTITRUST RIGHTS.
i. CONTRACTOR IRREVOCABLY ASSIGNS TO COUNTY ANY CLAIM FOR RELIEF OR
CAUSE OF ACTION WHICH CONTRACTOR NOW HAS OR WHICH MAY ACCRUE TO
CONTRACTOR IN THE FUTURE BY REASON OF ANY VIOLATION OF 15 U.S.C. § 1-15 OR
ORS 646.725 OR ORS 646.730, IN CONNECTION WITH ANY GOODS OR SERVICES
PROVIDED TO CONTRACTOR FOR THE PURPOSE OF CARRYING OUT CONTRACTOR'S
OBLIGATIONS UNDER THIS CONTRACT, INCLUDING, AT COUNTY'S OPTION, THE
RIGHT TO CONTROL ANY SUCH LITIGATION ON SUCH CLAIM FOR RELIEF OR CAUSE
OF ACTION.
CONTRACT NO. 2013-040 Page 18 of 40
ii. CONTRACTOR SHALL REQUIRE ANY SUBCONTRACTORS HIRED TO PERFORM ANY
OF CONTRACTOR'S DUTIES UNDER THIS CONTRACT TO IRREVOCABLY ASSIGN TO
COUNTY, AS THIRD PARTY BENEFICIARY, ANY RIGHT, TITLE OR INTEREST THAT HAS
ACCRUED OR WHICH MAY ACCRUE IN THE FUTURE BY REASON OF ANY VIOLATION
OF 15 U.S.C. § 1-15 OR ORS 646.725 OR ORS 646.730, IN CONNECTION WITH ANY
GOODS OR SERVICES PROVIDED TO THE SUBCONTRACTOR FOR THE PURPOSE OF
CARRYING OUT THE SUBCONTRACTOR'S OBLIGATIONS TO CONTRACTOR IN
PURSUANCE OF THIS CONTRACT, INCLUDING, AT COUNTY'S OPTION, THE RIGHT TO
CONTROL ANY SUCH LITIGATION ON SUCH CLAIM FOR RELIEF OR CAUSE OF ACTION.
P. EVENTS OF BREACH.
i. Breach by Contractor. Contractor breaches this Contract if:
a. Contractor institutes or has instituted against it insolvency, receivership or bankruptcy
proceedings, makes an assignment for the benefit of creditors. or ceases doing business
on a regular basis;
b. Contractor no longer holds a license or certificate that is required for Contractor to
perform its obligations under this Contract and Contractor has not obtained the required
license or certificate within fourteen (14) calendar days after delivery of Department's notice
of breach or a longer period as Department may specify in its notice; or
c. Contractor commits any material breach of any covenant. warranty, obligation or
certification under this Contract, and Contractor fails to cure its breach within fourteen (14)
calendar days after delivery of Department's notice of breach or within a longer period as
Department may specify in its notice.
ii. Breach by Department. Department breaches this Contract if:
a. Department fails to pay Contractor any amount pursuant to the terms of this Contract,
and Department fails to cure this failure within fourteen (14) business days after delivery of
Contractor's notice of breach or within a longer period as Contractor may specify in its
notice; or
b. Department commits any material breach of its obligations under this Contract, fails to
perform its obligations hereunder within the time specified or any extension thereof, and
fails to cure its failure within fourteen (14) calendar days after delivery of Contractor's notice
of breach or a longer period as Contractor may specify in its notice.
Q. REMEDIES.
i. County's Remedies. If Contractor is in breach under section 4.P.i, then in addition to the
remedies afforded elsewhere in this Contract, Department shall be entitled to recover for any
and all damages suffered as the result of Contractor's breach of this Contract. including but not
limited to direct, indirect. incidental and consequential damages, as provided in ORS Chapter
72. Department may, at its option. pursue any or all of the remedies available under this
Contract and at law or in equity, including. but not limited to:
a. Termination of this Contract under section 4.S.ii;
b. Withholding all amounts Contractor has invoiced for Goods and Services that Contractor
is obligated to but has failed to deliver or perform within any scheduled completion dates or
has performed inadequately or defectively;
c. Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief; or
CONTRACT NO. 2013·040 Page 19 of 40
d. Exercise of the right of setoff and withholding amounts otherwise due and owing to
Contractor in an amount equal to Department's setoff right, without penalty.
These remedies are cumulative to the extent the remedies are not inconsistent, and
Department may pursue any remedy or remedies singly, collectively, successively or in any
order whatsoever. If Contractor is found to not be in breach under section 4.P.i, the rights and
obligations of the parties shall be the same as if this Contract was terminated pursuant to
section 4.S.iLa.
iL Contractor's Remedies. If Department terminates this Contract for convenience under section
4.S.ii.a, or if Department is in breach under section 4.P.ii and whether or not Contractor elects to
exercise its right to terminate this Contract under section 4.S.iii, Contractor's sole remedy is a
claim against Department for the unpaid price for any Goods delivered and accepted by
Department less any claims County has against Contractor and is as follows for unpaid Services
completed and accepted by Department:
a. For Services compensable on an hourly basis, a claim against Department for unpaid
invoices, hours worked but not yet invoiced, and authorized expenses for Services
completed and accepted by Department less any claims County has against Contractor.
b. For deliverable-based Services, a claim against Department for the amount specified for
completing the deliverable multiplied by the percentage of Services completed and accepted
by Department, less previous amounts paid and the amount of any claims County has
against Contractor.
If previous amounts paid to Contractor for Goods and Services exceed the amount due to
Contractor under this section 4.Q.ii, Contractor shall pay the excess amount to Department
immediately upon written demand.
R. ATTORNEYS' FEES.
Except for defense costs and expenses pursuant to section 4.N, neither Department nor Contractor
is entitled to recover attorney's fees. court and investigative costs. or any other fees or expenses
associated with pursuing a remedy for damages arising out of or relating to this Contract.
S. TERMINATION.
i. MUTUAL CONSENT. The Contract may be terminated at any time by mutual written consent
of the parties.
ii. Department:
a. Department may, at its sole discretion, terminate the Contract for its convenience upon
30 days written notice to Contractor.
b. Department may, in its sole discretion, terminate this Contract, immediately upon notice
to Contractor, or at a later date as Department may establish in its notice, upon the
occurrence of any of the following events:
1. Department fails to receive funding, appropriations, limitations, allotments or other
expenditure authority at levels sufficient to allow Department, in the exercise of its
reasonable administrative discretion, to make payments under this Contract;
2. Federal or state laws, regulations, or guidelines are modified or interpreted in a way
that either the purchase of Goods or Services, or both, by the Department under this
CONTRACT NO. 2013-040 Page 20 of 40
Contract is prohibited, or the Department is prohibited from paying for Goods or
Services, or both, from the planned funding source; or
3. Contractor commits any material breach of this Contract.
Contractor shall stop performance under this Contract as directed by Department in any written
notice of termination delivered to Contractor under this section 4.S.ii.
iii. CONTRACTOR. Contractor may terminate this Contract immediately upon written notice to
Department, or at a later date as Contractor may establish in its notice, if Department is in
breach under section 4.P.ii.
T. INTELLECTUAL PROPERTY & OPEN SOURCE; TITLE TO GOODS.
i. New Works. All intellectual property rights in the Work Product created by Contractor under
this Contract shall be the exclusive property of Department. All Work Product authored by
Contractor under this Contract shall be deemed "works made for hire" to the extent permitted
by the United States Copyright Act. To the extent Department is not the owner of the
intellectual property rights in such Work Product, Contractor hereby irrevocably assigns to
Department any and all of its rights, title, and interest in such Work Product. Upon Department's
reasonable request, Contractor shall execute such further documents and instruments
reasonably necessary to fully vest such rights in Department. Contractor forever waives any
and all rights relating to such Work Product created under this Contract, including without
limitation, any and all rights arising under 17 USC §106A or any other rights of identification of
authorship or rights of approval, restriction or limitation on use or subsequent modifications.
I
1 ii. Contractor Intellectual Property. If intellectual property rights in the Work Product are
Contractor Intellectual Property, Contractor hereby grants to Department an irrevocable, non
exclusive, perpetual, royalty-free license to use, make, reproduce, prepare derivative works I based upon, distribute copies of, perform and display the Contractor Intellectual Property, and
to authorize others to do the same on Department's behalf.
iii. Third Party Intellectual Property. To the extent Contractor has the authority, Contractor shall
I
1 sublicense or pass through to Department all Third Party Intellectual Property. Contractor
represents and warrants that it has provided written disclosure to Department of all Third Party
Intellectual Property that must be independently licensed by Department to fully enjoy the
benefit of the Work Product. If Contractor failed to provide such written disclosure, Contractor
shall secure on the Department's behalf and in the name of the Department, an irrevocable, non
j
exclusive, perpetual, royalty-free license to use, make, reproduce, prepare derivative works
based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to
authorize others to do the same on Department's behalf.
I
iv. Open Source Approval and Notice. Any Open Source Elements in the Work Product must be
approved in advance and in writing by Department. If Department approves the use of Open
Source Elements, Contractor shall:
I a. Notify Department in writing that the Work Product contains Open Source Elements;
I
i b. Identify the specific portion of the Work Product that contain Open Source Elements;
and
c. Provide a copy of the applicable license for each Open Source Element to Department.
v. Title to Goods. Title to Goods passes to Department in accordance with ORS 72.4010. J
j
U. ACCESS TO RECORDS. t ~ Contractor shall retain, maintain, and keep accessible all records relevant to this Contract
("Records") for six (6) years following Contract termination or full performance, the period required
by applicable law following Contract termination or full performance, or until the conclusion of any
audit, controversy or litigation arising out of or related to this Contract, whichever ending date is
later. Contractor shall maintain all financial Records in accordance with generally accepted
CONTRACT NO. 2013-040 Page 21 of40
I accounting principles. During this Record-retention period, Contractor shall permit County, its duly
authorized representatives, and the federal government access to the Records at reasonable times I and places for purposes of examination and copying.
V. NOTICES.
All notices required under this Contract shall be in writing and addressed to the party's authorized
representative. For County, the authorized representative is the Department contact person
identified in section 8. Contractor's authorized representative is the contact person identified in
section 7. Mailed notices are deemed received five (5) days after the post mark date when properly
addressed and deposited prepaid into the U.S. postal service. Faxed notices are deemed received
upon electronic confirmation of successful transmission to the designated fax number. Notices
delivered by personal delivery are deemed received when delivered to the address specified for the
receiving party's authorized representative.
W. GOVERNING LAW.
The Contract is governed by and construed in accordance with the laws of the State of Oregon
without regard to principles of conflicts of laws. To the extent not modified by the terms of this
Contract, the Uniform Commercial Code as codified in ORS Chapters 71 and 72 governs Goods
under this Contract. The applicability of the UN Convention on Contracts for the International Sale
of Goods is hereby expressly waived by the parties, and it does not apply to this Contract.
X. VENUE; CONSENT TO JURISDICTION.
Any claim, action, suit or proceeding (co"ectively. "Proceeding") between County and Contractor
that arises from or relates to this Contract shall be brought and conducted solely and exclusively
within the Circuit Court of Oregon for Deschutes County; provided, however, if a Proceeding must
be brought in a federal forum, then unless otherwise prohibited by law, it shall be brought and
conducted solely and exclusively within the United States District Court for the District of Oregon.
CONTRACTOR HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THESE
COURTS AND WAIVES ANY OBJECTION TO VENUE IN THESE COURTS AND ANY CLAIM
THAT THE FORUM IS AN INCONVENIENT FORUM. Nothing in these provisions shall be
construed as a waiver of County's sovereign or governmental immunity, whether derived from the
Eleventh Amendment to the United States Constitution or otherwise, or a waiver of any defenses to
Proceedings or jurisdiction based thereon.
Y. SURVIVAL:
In addition to all provisions which by their nature extend beyond the Contract termination or full
performance, the following provisions shall remain in effect beyond any Contract termination or full
performance: sections 1, 3, 4.A, 4.D, 4.E, 4.F, 4.L, 4.N, 4.0, 4.Q, 4.R, 4.T, 4.U, 4.W, 4.X, 4.Y,
4.CC and section 5.
Z. SEVERABILITY.
I If a court of competent jurisdiction declares any provision of this Contract to be illegal or otherwise
invalid. the validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Contract did not contain the
I
particular provision held to be invalid.
AA. SUBCONTRACTS; ASSIGNMENT; SUCCESSORS.
i. SUBCONTRACTS. Contractor shall not enter into any subcontracts for any Services
required under this Contract without Department's prior written consent. In addition to any ) other provisions Department may require, Contractor shall include in any permitted subcontract
provisions to ensure that Department will receive the benefit of subcontractor's performance as
if the subcontractor were Contractor with respect to sections 3, 4.E, 4.F. 4.1, 4.J, 4.N, 4.0, 4.T,
CONTRACT NO. 2013"'()40 Page 22 of 40
1
4.U, 4.W, 4.X, and 4.AA. Department's consent to any subcontract shall not relieve Contractor
of any of its duties or obligations under this Contract.
ii. Contractor shall not assign, delegate or transfer any of its rights or obligations under this
Contract without Department's prior written consent. Department's written consent does not
relieve Contractor of any obligations under this Contract, and any assignee, transferee, or
delegate is considered Contractor's agent.
iii. The provisions of this Contract are binding upon, and inure to the benefit of the parties and
their respective successors and permitted assigns, if any.
BB. MERGER CLAUSE; AMENDMENT; WAIVER.
This Contract constitutes the entire agreement between the parties on the subject matter thereof.
There are no understandings, agreements or representations, oral or written, not specified herein
regarding this Contract. This Contract may be amended to the extent permitted by applicable
statutes and administrative rules. No waiver, consent or amendment of terms of this Contract shall
bind either party unless in writing and signed by authorized representatives of Department and
Contractor, and all necessary approvals have been obtained. Waivers and consents shall be
effective only in the specific instance and for the specific purpose given. The failure of County to
enforce any prOvision of this Contract shall not constitute a waiver by County of that or any other
provision.
CC. THIRD PARTY BENEFICIARIES.
Department and Contractor are the only parties to this Contract and are the only parties entitled to
enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be
construed to give or provide any benefit or right not held by or made generally available to the
public, whether directly, indirectly or otherwise, to third persons unless the third persons are
individually identified by name herein and expressly described as intended beneficiaries of the
terms of this Contract. Department is an intended beneficiary of the terms of this Contract.
DD. COLINTERPARTS.
This Contract may be executed in several counterparts, all of which when taken together shall
constitute one agreement binding on all parties, notwithstanding that all parties are not signatories
to the same counterpart. Each copy of this Contract so executed shall constitute an original.
5. INSURANCE
A. REQUIRED INSURANCE. Contractor shall obtain the insurance specified in this section 5 prior
to performing under this Contract and shall maintain it in full force and at its own expense
throughout the duration of this Contract and all Warranty Periods. Contractor shall obtain the
following insurance from insurance companies or entities that are authorized to transact the
business of insurance and issue coverage in Oregon and that are acceptable to Department.
i. WORKERS COMPENSATION.
All employers, including Contractor, that employ subject workers who work under this Contract
in Oregon shall comply with ORS 656.017 and provide the required workers' compensation
coverage, unless these employers are exempt under ORS 656.126(2). Contractor shall require
each of its subcontractors, if any, to comply with, and shall ensure that each of its
subcontractors, if any, complies with, these requirements.
CONTRACT NO. 2013·040 Page 23 of 40
ii. COMMERCIAL GENERAL LIABILITY.
[g! Required by County 0 Not required by County.
Commercial General Liability Insurance covering bodily injury and property damage in a form
and with coverages that are satisfactory to Department. This insurance shall include personal
and advertising injury liability, products and completed operations liability. Coverage may be
written in combination with Automobile Liability Insurance (with separate limits). Combined
single limit per occurrence shall not be less than $1,000,000 for each job site or location. Each
annual aggregate limit shall not be less than $2,000,000.
iii. AUTOMOBILE LIABILITY INSURANCE: AUTOMOBILE LIABILITY.
[g! Required by County 0 Not required by County.
Automobile Liability Insurance covering all owned, non-owned, and hired vehicles. This
coverage may be written in combination with the Commercial General Liability Insurance.
Combined Single limit per occurrence shall not be less than $ 500,000.
iv. EMPLOYERS' LIABILITY.
o Required by County [g! Not required by County.
If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall obtain employers'
liability insurance coverage with combined single limit per occurrence of not less than $500,000,
and annual aggregate limits of not less than $1 million.
v. POLLUTION LIABILITY.
o Required by County [g! Not required by County.
Pollution Liability Insurance covering Contractor's liability for bodily injury, property damage and
environmental damage resulting from either sudden or gradual accidental pollution and related
cleanup costs incurred by Contractor, all arising out of Goods delivered or Services (including
transportation risk) performed under this Contract. Combined single limit per occurrence shall
not be less than $ , or the equivalent. Annual aggregate limit shall not be less than
$,--,
B. ADDITIONAL INSURED.
The commercial general liability insurance and automobile liability insurance required under this
Contract shall include County, and its departments, officers and employees as Additional Insured's
with respect to Contractor's performance obligations under this Contract. Contractor shall ensure
that coverage is primary and non-contributory with any other insurance and self-insurance.
C. "TAIL" COVERAGE.
If any of the required liability insurance is on a "claims made" basis, Contractor shall either maintain
either "tail" coverage or continuous "claims made" liability coverage, provided the effective date of
the continuous "claims made" coverage is on or before the effective date of this Contract, for a
minimum of 24 months following the later of
i. Department's acceptance of all Goods in accordance with section 4.D (if acceptance has not
been revoked in accordance with section 4.D.iii),
ii. The completion of all Services required under this Contract, or
CONTRACT NO. 2013-040 Page 24 of 40
iii. The expiration of all warranty periods provided under this Contract. Notwithstanding the
foregoing 24-month requirement, if Contractor elects to maintain "tail" coverage and if the
maximum time period "tail" coverage reasonably available in the marketplace is less than the
24-month period described above, then Contractor shall maintain "tail" coverage for the
maximum time period that "tail" coverage is reasonably available in the marketplace for the
coverage required under this Contract. Contractor shall provide to Department, upon request.
certification of the coverage required under this section 5.C.
D. NOTICE OF CANCELLATION OR CHANGE.
There shall be no cancellation, material change, potential exhaustion of aggregate limits or non
renewal of insurance coverage(s) without thirty (30) days' written notice from this Contractor or its
insurer(s) to Department. Any failure to comply with the reporting provisions of this clause shall
constitute a material breach of Contract and shall be grounds for immediate termination of this
Contract by Department. No later than fourteen (14) calendar days following the effective date of
any insurance policy renewals, Contractor shall deliver to Department all documentation evidencing
renewal of the particular insurance policy renewed.
E. CERTIFICATE(S) OF INSURANCE.
Upon Department's request, Contractor shall provide to Department Certificate(s) of Insurance for
all required insurance. The Certificate(s) must specify all entities and individuals who are endorsed
on the policy as Additional Insured (or Loss Payees). Contractor shall pay for all deductibles, self
insured retention and self-insurance, if any.
6 (RESERVED)
7. CERTIFICATIONS AND SIGNATURE OF CONTRACTOR'S AUTHORIZED REPRESENTATIVE.
THIS CONTRACT MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF
CONTRACTOR.
The undersigned certifies under penalty of perjury both individually and on behalf of Contractor that:
A. The undersigned is a duly authorized representative of Contractor, has been authorized by
Contractor to make all representations, attestations, and certifications contained in this Contract
and to execute this Contract on behalf of Contractor:
B. The undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best
of the undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this
certification, "Oregon Tax Laws" means a state tax imposed by ORS 401.792 to 401.816 (Tax For
Emergency Communications), 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income
Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 320 (Amusement Device and
Transient Lodging Taxes), 321 (Timber and Forestland Tax), 323 (Cigarettes and Tobacco
Products Tax), and the elderly rental assistance program under ORS 310.630 to 310.706; and any
local taxes administered by the Department of Revenue under ORS 305.620.
C. To the best of the undersigned's knowledge, Contractor has not discriminated against and will
not discriminate against minority, women or emerging small business enterprises certified under
ORS 200.055 in obtaining any required subcontracts.
D. Contractor and Contractor's employees and agents are not included on the list titled "Specially
Designated Nationals and Blocked Persons" maintained by the Office of Foreign Assets Control of
the United States Department of the Treasury and currently found at
http://www.treas.gov/offices/enforcemenVofac/sdn/t11sdn.pdf;
CONTRACT NO. 2013-040 Page 25 of 40
ACORDfJ DATE (MMlDDIYYYYI
~ CERTIFICATE OF LIABILITY INSURANCE Page 03/05/20131 of 1 I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions ofthe policy, certain poliCies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONTACTPRODUCER NAMF' Willis of Arizona, Inc. PHONE
c/o 26 Century Blvd. ~.EXI·
877-945-7378 r.t2NOl 888-467-2378
E-MAlLP.O. Box 305191 ADDRESS: certificates®Willis.com .....................Nashville, TN 37230 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A: Great American E & S Insurance Company 37532-002
INSURED INSURERS: Sentinel Insurance Company, Ltd. 11000-001Bear Cat Manufacturing, Inc.
3650 Sabin Brown Road : INSURERC: SCF Premier Ins. Co.
36714-000
Wickenberg, AZ 85390 INSURERD:
INSURER E:
i INSURER F:
COVERAGES CERTIFICATE NUMBER' 19483832 REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~:I TYPE OF INSURANCE ~POLICY NUMBER POLICYEFF POLlCYEXP LIMITS
A I GENERAL LIABILITY Y IPL4433586 5/31/2012 5/31/2013 I EACH OCCURRENCE $ 1 000 000j :~".'G"'~'~"rr DAMAGE WERENTED 1$PREMISES Ea occurencel 200 000
I CLAIMS-MADE[iJ OCCUR MED EXP (Anyone person) !$ 15 000
C---
PERSONAL & ADV INJURY $ 1 000 000
GENERAL AGGREGATE $ 2 000 999_
~~'I AGGREGATE LIMIT APPLIES PER. lOPAGG $ 2 000 000
i X I POLICY n ~~;?~ n LOC $
B ! AUTOMOBILE LIABILITY Y 59UENVF4391 5/31/2012 5/31/2013 LIMIT 1,000,000$ ~ i X ANY AUTO erperson) $
.ALL OWNED !~CHEDULED AUTOS ,AUTOS I BODILY INJURY(Peracddenl) $
-
HIRED AUTOS ==l~ON'OWNED PROPERTY DAMAGE
-AUTOS
•
(Peraccidenl) ,$
!$
UMBRELLA L1AB 1......_ ...., OCCUR
I
EACH OCCURRENCE !$ f---'~~ ~EXCESS L1AB CLAIMS-MADE AGGREGATE $
DED RETENTIONS $
C I WORKERS COMPENSATION W20832 1/1/2013 1/1/2014 X IT"b~~LfJI~s I IO~~'
I AND EMPLOYERS' LIABILITY YIN
I ANY PROPRIETOR/PARTNER/EXECUTIVE C N I A EL EACH ACCIDENT S 1,000,000
, OFFICERIMEMBER EXCLUDED? : I ~gISEASE:EA EMPLOYEE :$ 1, 000, 000;I~~~~~!~~i:~~~er ! m5CHlPTION OF OPERATIONS below EL DISEASE POLICY LIMIT i$ 1,000,000
!
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach Acord 101, Additonal Remarks Schedule. If more space I.required)
DeBchutes County, and its departments, divisions, commissions, branches, officers and employees are
included as Additional Insureds as respects to General Liability and Auto Liability as required by
written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Deschutes County Road Department
61150 SE 27th
It..') {:::n.~ ~Bend, OR 97702
Coll:4026151 Tpl:1575236 Cert:19483832 '4>1988-2010 ACORD CORPORATION. All rig hts reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
1
1
I
\
IL 70 02 (Ed. 10 07)
Pol icy No. PL 4433586
Effective Date of Change 02/28/13
BUS INESSPRO® POL ICY CHAl\W,;ES
THIS ENDORSEMENT
NAMED INSURED BEAR CAT MANUFACTURING, INC. CHANGES THE POLICY.
AND ADDRESS: 3650 SABIN BROWN ROAD PLEASE READ IT
WICKENBURG AZ 85390 CAREFULLY.
POLICY ALTERNATE MAILING ADDRESS: AGENT'S NAME AND ADDRESS;
BLISS & GLENNON, INC
435 N PACIFIC COAST # 200
REDONDO BEACH, CA 90277-2875
Insurance is afforded by the Company named below, a Capital Stock Corporation:
GREAT AMERICAN E&S INSURANCE COMPANY
POLICY PERIOD: From 05/31/2012 To 05/31/2013
12:01 A.M. Standard Time at the address of the Named Insured
ENDORSEMENT #1 $250 ADDITIONAL PREMIUM
DESCHUTES COUNTY IS ADDED AS ADDITIONAL INSURED PER THE ATTACHED.
Stak tax: $7.50 i
St~ll!l~~: $0.50
FORMS AND ENDORSEMENTS hereby added:CG2010
FORMS AND ENDORSEMENTS hereby amended:
FORMS AND ENDORSEMENTS hereby deleted:
I
IL 70 02 (Ed. 10107) PRO (Page 1 of 1)
1
CG 20 10
(Ed. 07 04)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUll.Y.
AoonlONAl INSlIED -OWNERS, lESSEES OR
CONlRACTOOS -SCI£OlI.ED PERSON OR ORGANZAnON
This endorsement modifies inSlSaI1ce provided under the following:
COIV1VIERCIAL G:NERAL LIABILITY COVERAGE PART
Schedule
Name of Additional Insured
Person(s) or Organization(s): Location(s) Of Covered Operations
DESCHUTES COUNTY, AND ITS DEPARTMENTS
DIVISIONS, COMMISSIONS, BRANCHES,
OFFICERS AND EMPLOYEES
61150 SE 27th STREET
BEND, OR 97702
Information required to corrplete this Schedule, if not shown above, will be shown in the Declarations.
I
A. SECTION II -WHO IS AN INSUED is emended to include as an Additional InslSed the person(s) or
organization(s) shown in the Sched..lle, but only with respect to liability for "bodily injISY," "property
damage" or "personal and advertising injury" caused, in vvhole or in part, by:
1. yOIS acts or omissions; or
2. the acts or omissions of those acting on your behalf;
I
in the performance of your ongoing operations for the Additional InslSed(s) at the location(s) designated
aboVe.
B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions
apply:
This insurance does not apply to "bodily injlSy" or "property damage" occlSring after:
1. all wor1<., including materials, parts or eqJipment furnished in connection with such work, on theII project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional
Insured(s) at the location of the covered operations has been completed; or1
2. that portion of "your work" out of which the injlSY or damage arises has been put to its intended use
I
~
by any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the sane project
~
i Copyright, ISO Properties, Inc., 2004i i CG 20 10 (Ed 07/04) PRO (Page 1 of 11
E. Contractor's Federal Employee Identification Number or Social Security Number specified below
is correct;
F. Contractor is bound by and will comply with all requirements, terms and conditions contained in
this Contract and will provide Goods and Services in accordance with the Specifications; and
G. Contractor_ is IlL is not a nonresident alien as defined in 26 USC § 7701(b)(1) (check
one). See section 4.A.ii.
Contractor (print Co~r'.name)" B~.INC.
Authorized Signature:_~~::::::::::'J.,.~.4/L====::::'::::::=:=::::::===-...
By (print name): FRE~SON
Title: TREASURER
Date: 2-15-2013
FEIN ID# or SSN# {required):,~9-=-3_--=-6-=-3-=2-=2-=8-=0___________
FRED ANDERSONContractor's Contact Person (Type or
Contact Telephone Number: (9 2 8 ) _6_8_4_-_7_8_5_1 _____
Contact Fax Number: (928 ) ...;6:....:8=--4=------'3=--2=-4-=-.:....1______
Contact E-Mail Address:fanderson@bearcatmfg.com
Mailing Address: 3650 SABIN BROWN RD. WICKENBURG, AZ 85390
8. SIGNATURE OF COUNTY'S AUTHORIZED REPRESENTATIVE.
County accepts Contractor's offer and awards this Contract to Contractor for Goods and Service
described in this Contract.
Deschutes County, Oregon acting by and through
Authorized Signature: 9
By (prmt name): L~ 1
Title: ])i'",t.,.
Date: 03j'~ !r~
Department's Contact Person: Randy McCulley
Contact Telephone Number: (541) 322-7125
Fax Number (541) 388-2719
E-Mail Address:randym@co.deschutes.or.us
Department Mailing Address: 61150 SE 27th Street, Bend, Oregon 97702
CONTRACT NO. 2013-040 Page 26 of 40
WITNESS WHEREOF, DESCHUTES COUNTY has caused this agreement to be signed in its name,
by its Board of County Commissioners, duly attested by its Recording Secretary; and the said
Contractor has caused this Agreement to be signed and sealed the same as of
the day of 2013.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, CHAIR
TAMMY BANEY, VICE CHAIR
ANTHONY DeBONE, COMMISSIONERI
I ATTEST:
~
RECORDING SECRETARY
--'--'..,CONTR.ACLT.OR:.'-~
BY&. -
TITLE: 1J?,.M1.s -,J'~
APPROVED AS TO FORM:
LEGAL COUNSEL
CONTRACT NO. 2013·040 Page 27 of 40
EQUIPMENT SPECIFICATION SHEETS
(ATTACHMENT 1)
4.1 GENERAL SPECIFICATIONS
4.1.1 General Specifications
4.1.1.1 One (1) new, current model, 10-20 foot Chip Spreader, for use
in County road maintenance chip seal operations.
4.1.1.2 All equipment furnished shall be the manufacturer's latest
model now in production and shall conform to the best practices known
to the automotive trade in strength, quality of materials and
workmanship, and shall be subject to these specifications in full.
4.1.1.3 All ratings shall be certified by the manufacturer to be as stated
according to test procedures designed by the S.A.E. or the appropriate
agencies and shall at minimum be equal to the requirements and
conditions specified herein. Evidence of compliance with the
requirements of these specifications shall be based on manufacturer's
data sheets and data sheets of the component parts manufacturers
published prior to the issuance of these specifications. In case of
conflict between the latter, data sheets of the component parts
manufacturer shall take precedence.
4.1.1.4 The Chip Spreader furnished to meet these specifications,
including all equipment and accessories, shall comply with the
requirements of Oregon Vehicle Code, current Federal motor vehicle
safety standards, current Oregon State Division of Industrial Safety
Orders and O.S.H.A.
4.1.1.5 The manufacturers furnishing the mechanisms described in
these specifications shall be experienced in design and construction of
such equipment and may be required to furnish evidence of having
supplied similar equipment which has been in successful operation for
a period of not less than three (3) years.
4.1.1.6 All bids must comply with the manufacturer's standard
specifications and be accompanied by manufacturer's specification
sheets.
4.1.2 Warranty
4.1.2.1 The successful bidder shall be responsible for administering the
CONTRACT NO. 2013-040 i
I
j
MEETS SPECIFICA nONS
~YES DNO
~YES DNO
ugYES DNO
[}g YES DNO
[Xl YES DNO
[XJ YES DNO
[Xl YES DNO
Page 28 of 40
warranties as described below. All warranty repairs shall be perfonned
on site and bidder shall commence repairs within 24-hours of
notification of breakdown unless arrangements are made and agreed
upon by Deschutes County. Deschutes County shall provide service
and preventative maintenance to comply with manufacturer's
recommendations.
4.1.2.2 Total Machine Warranty: The bidder shall furnish a minimum
I-year, 100 percent parts and labor warranty covering the entire
equipment unit.
4.1.2.3 In the interest of reducing downtime, bidder shall allow the
option of Deschutes County performing warranty repairs as instructed
by the bidder at the Deschutes County Fleet Services regular rate.
4.1.3 Service & Parts:
4.1.3.1 Service Capability: Bidder shall have skilled factory trained
technicians with adequate knowledge of the units repair and use.
4.1.3.2 Parts Availability: The vendor or service center shall maintain
an adequate stock of replacement parts and shall make delivery of
critical items within 48-hours when requested
4.1.4 Bid Award
4.1.4.1 The purchase of this equipment unit is subject to approval of
the 2012/2013 Fiscal Year Budget by the Deschutes County Board of
Commissioners.
4.1.5 Delivery
4.1.5.1 Deschutes County must not receive this equipment after June
31,2013
4.1.5.2 The Chip Spreader shall be delivered and installed as per
specification at vendor address stated above or at the Deschutes County
Road Department Shop at 61150 SE 27th St., Bend OR 97702.
4.1.5.3 The Chip Spreader shall be 100 percent complete and ready for
work at the time of delivery.
4.1.6 Equipment in Operation
4.1.6.1 The equipment shall be used by the Deschutes County Road
CONTRACT NO. 2013-040
[]YES DNO
G1YES DNO
[i] YES DNO
~YES DNO
[Xl YES DNO
~YES NO
lXI YES DNO
[Xl YES DNO
[Xl YES DNO
Page 29 of 40
Department for hot oil chip sealing operations involving truck
swapping at operating speed. Operations occur during a short window
of optimum weather conditions. Machine quality is of the upmost
importance. Excessive downtime will adversely affect our long term
pavement maintenance plan.
4.1.7 Service. Operating and Parts Manuals
4.1.7.1 The vendor shall furnish to the Deschutes County Fleet
Services, a minimum of one (1) printed service/overhaul manual, two
(2) printed parts books and two (2) printed operator's manuals at time
of equipment delivery.
4.1.8 Training
4.1.8.1 A factory certified representative shall provide a minimum of 8
hours service and operational and maintenance training to County
mechanics and operators. Training time shall be mutually agreed on
prior to delivery date.
4.1.9 Manufacturer's Certificate of Origin
4.1.9.1 The Manufacturer's Certificate of Origin (MCO) shall be
delivered with the equipment. Invoices will not be processed for
payment prior to receipt of ownership documents.
4.2 CHIP SPREADER SIZE AND CONFIGURATION
4.2.1 Machine Size
4.2.1.1 Basic weight per specifications of the machine with
attachments shall be not less than 25,000 lb.
4.2.1.2 Overall length shall not exceed 27ft.
4.2.1.3 Minimum'(travel) width shall not exceed 10'6"
4.2.1.4 Maximum (travel) height without canopy shall not exceed 9'4"
4.2.1.5 Turning radius shall not exceed 20ft
4.2.2 Frame Construction
4.2.2.1 Frame to be constructed from a minimum of
1O.125"x3.5"x3116" high strength steel channel.
CONTRACT NO. 2013-040
[]I YES
CiI YES
[]I YES
GlYES
CiI YES
~YES
CiI YES
[Xl YES
GlYES
Page 30 of 40
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
4.2.3 Axles, Steering, and Braking System
4.2.3.1 Front axle to be drive/steering axle with a minimum of 25,000lb
capacity with suspension.
4.2.3.2 Rear axle to be drive axle with a minimum 25,000lb capacity.
4.2.3.3 Service brakes shall be wet disc type on both axles.
4.2.3.4 Parking brake shall be spring applied and hydraulic or air
released.
4.2.3.5 Spare wheel without tire to be provided. Ifwheel is not
interchangeable front to back, appropriate second wheel to be provided.
4.2.3.6 Steering controls to be hydraulically powered.
4.2.4 Drive System
4.2.4.1 Machine to be equipped with a two speed transfer case with
rear drive mechanical disconnect providing two wheel or four wheel
drive operation that is selectable from the operators seat.
4.2.4.2 Machine to be driven by a minimum 125cc variable
displacement axial piston pump.
4.2.4.3 Drive motor to be a minimum 160cc displacement variable
displacement axial piston type and capable of being locked in low
(high displacement) from the operator's station to eliminate undesired
acceleration on downhill grades.
4.2.4.4 Transfer case to have remote oil cooler.
4.2.4.5 Drive controls to be pedal operated automotive type. Unit to
increase in speed as pedal is depressed and slow to a stop if pedal is
released.
4.2.4.6 Drive system to be electronically capable of sensing engine rpm
and adjusting pump displacement to prevent engine stall under high
load situations.
4.2.4.7 Drive system control to have cruise control.
4.2.5 Engine:
CONTRACT NO. 2013-040
IK] YES
[]YES
IX] YES
IX] YES
[]YES
[]YES
IX] YES
[]YES
[]YES
[]YES
K]YES
[JYES
[JYES
Page 31 of40
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
1
J
4.2.5.1 Cummins Tier3 QSB6.7L 6-cylinder Diesel 275HP @
2,300RPM. 730ft-Ib of torque @ 1,500RPM or County approved
equivalent and meet all Federal and Oregon State emissions
requirements.
4.2.5.2 Fuel tank shall have a capacity to provide a minimum of 8
hours continuous operation and have a lockable cap to prevent theft
and vandalism.
4.2.5.3 Engine shall be equipped with all standard commercial
accessories except that in lieu of standard accessories the following
shall be supplied:
4.2.5.3.1 Shall be equipped with a two stage dry type air cleaner of
factory approved size.
4.2.5.3.2 Air compressor: engine mounted Wabco 17 CFM @
2400RPM or equivalent.
4.2.5.3.3 Air Drier: Wabco System Saver 1200 series 12Vdc or
equivalent.
4.2.5.3.4 Oil filter: spin on, disposable element, full flow.
4.2.5.3.5 Shall operate on 100% petroleum diesel or bio-diesel blends
not to exceed 20% bio-diesel meeting ASTM D6751 specifications.
4.2.5.3.6 Exhaust system to include muffler and direct exhaust away
from the operator.
4.2.6 Cooling System
4.2.6.1 Radiator to be approved by the engine manufacturer.
4.2.6.2 Shall have a heavy duty cooling system with coolant
recovery/overflow containment.
4.2.6.3 The engine cooling system shall provide proper cooling and
freeze protection within an ambient temperature range from -30
degrees Fahrenheit to +120 degrees Fahrenheit
4.2.6.4 Engine coolant shall be Extended Life type and shall meet or
exceed ASTM D4985 and D5345 specifications.
4.2.6.5 The engine cooling system shall provide proper cooling and
freeze protection within an ambient temperature range from -30
degrees Fahrenheit to +120 degrees Fahrenheit.
4.2.7 Engine Housing
CONTRACT NO. 2013-040
IX] YES
Ii] YES
IX] YES
Ii] YES
Ii] YES
Ii] YES
IX] YES
IX] YES
IX] YES
Ii] YES
IKI YES
[i] YES
[i] YES
IKJ YES
Page 32of40
DNO
DNO
DNO
NO
DNO
NO
DNO
DNO
NO
DNO
DNO
DNO
DNO
DNO
4.2.7.1 Engine shall have an enclosure to protect the engine from the
elements.
4.2.7.2 Operator must be able to access engine oil dipstick without
tools or removal of heavy panels.
4.2.7.3 Engine guarding shall be lockable to prevent vandalism to
engine and radiator.
4.2.8 Electrical System
4.2.8.1 All electrical connectors, & controllers IP67 rated (pressure
wash-down rated). Any non IP67 rated connectors are crimped and
soldered to prevent corrosion of terminals and copper wiring. Field
replaceable automotive style wiring harnesses.
4.2.8.2 Engine monitoring system that monitors oil pressure and
coolant temperature capable ofHP de-rate and shutdown if parameters
are out of specification.
4.2.8.3 The batteries shall be a minimum of two 12Vdc Group 31
MHD / 950cca batteries and sufficient to support the system under cold
conditions.
4.2.9 Keyed electric start, with alternator charging system with internal
voltage regulation.
4.2.9 Receiving Hopper
4.2.9.1 Receiving hopper to be 120" wide, fixed, and a struck capacity
of no less than 4 cubic yards.
4.2.9.2 Receiving hopper sides to be constructed with minimum 1.5"
thick steel and be strong enough to withstand contact with trucks
during changes and loading on the move during continuous chip
spreading operation.
4.2.9.3 Rubber skirting to be provided to prevent spillage while
loading.
4.2.9.4 Truck hitch to be hydraulically powered height and
closing/opening controlled from the operators control paneL Height
range 8"-20".
4.2.10 Conveyors
CONTRACT NO. 2013-040
[il YES DNO
[Xl YES DNO
[XI YES DNO
[X] YES NO
[X] YES DNO
[XI YES DNO
GlYES DNO
[i] YES DNO
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IX! YES DNO
~YES DNO
Page 33 of 40
4.2.10.1 Conveyors to be hydraulically driven, 30" wide 2 ply belts,
with 24-35 degree troughing rollers.
4.2.10.2 Conveyor belts capable of starting fully loaded.
4.2.10.3 Conveyors to be protected by lining on each side, self-cleaning
tail pulleys and return rollers, and hooded deflectors at each head
pulley.
4.2.10.4 Conveyors to be independently controlled by ultrasonic
sensors and the electronic rate control system.
4.2.11 Spread Hoppers
4.2.11.1 Machine is to be equipped with two separate hoppers that can
be quickly extended from a minimum width of 10ft to a maximum
width of 20ft.
4.2.11.2 Hopper extension and retraction is to be controlled from the
operator's station or from a remote control box at the top ofthe right
hand conveyor.
4.2.11.3 Hopper shall have 12" computer controlled aggregate gates
that will spread material from I-20ft.
4.2.11.4 Hopper shall be capable starting and stopping the application
of material in a straight line for precision application.
4.2.11.5 Gates shall be capable of being controlled by a master on/off
switch and a meet line switch that automatically activates the gates
when crossing the meet line.
4.2.11.6 Hoppers shall have grizzlies on top to break up material and to
prevent persons or body parts from entering the auger area.
4.2.12 Rate Control
4.2.12.1 Application rate shall be computer controlled.
4.2.12.2 Rate control system shall monitor machine direction and
speed, desired application rate, and actual application rate to maintain
the desired rate at all times.
4.2.13 Operator Station
CONTRACT NO. 2013-040
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IK1 YES
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IK] YES
IX] YES
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DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
DNO
4.2.13.1 Operator station shall have one seat, steering wheel, and
control panel.
4.2.13.2 Operator station shall move hydraulically left and right and
function from any position.
4.2.13.3 Operator station shall have a sun cover/roof.
4.2.13.4 Operator control panel to include instruments for fuel level,
hydraulic temperature, engine temperature, engine RPM, hour meter,
oil pressure, charging system voltage, and air pressure.
4.2.13.5 Operator station to include controls for ignition, hitch, spread
width and rate cont"rols, hydrostatic transmission, parking brake,
augers, conveyor belts, transfer case, and engine throttle.
4.2.13.6 Brake pedal and accelerator pedal shall have fore and aft
adjustment and the steering wheel have angle adjustment.
4.2.13.7 Seat to be equipped with arm rests and have fore, aft, backrest
angle, and height adjustment.
4.2.13.8 Operator panel to include rate control panel that will calculate
square yards covered and update total square yards every 2 seconds.
Panel to also include total lineal feet with resettable totals. Screen to
display spread box width, and which gates are opened or closed.
4.2.14 Safety Equipment
4.2.14.1 Ladders on each side, safety handrails, electric backup alarm,
air signal hom, parking brakes, seat belts and any other safety
equipment required to meet OSHA requirements.
4.2.15 Finish
4.2.15.1 The chip spreader shall be painted with a high grade of paint
in the manufacturer's standard color oforange or yellow.
Corrective Work.
[]YES NO
IiJYES DNO
[]YES DNO
[]YES DNO
K]YES DNO
[X] YES DNO
[X] YES DNO
Ii] YES DNO
lliI YES DNO
Contractor shall deliver the Chip Spreader to County's satisfaction. If County, in its sole discretion,
determines that any or all of the purchase are unacceptable, Contractor shall correct any such
deficiencies in the purchase to County's satisfaction without further compensation. County may
CONTRACT NO. 2013·040 Page 35 of 40
withhold any payments due Contractor until any or all deficiencies have been corrected to County's
satisfacti on.
Project Completion
Unless an exception is mutually agreed to by Contractor and County, Contractor must deliver
Chip Spreader not before April I, 2013 but not after August 31, 2013.
Licenses
Contractor shall have and maintain all licenses and certifications necessary to perform the
purchase required by this Contract. All Work shall be performed in accordance with all
applicable city, county, state and federal laws and regulations; including ADA guidelines.
Billing Methodology
Contractor shall be allowed to bill the County $ 2 50 , 000 • 00 for the
Chip Spreader required by this Contract.
Invoices and Payments
Contractor shall submit an invoice requesting payment to the following address: Deschutes
County Road Department, Attn.: Accounts Payable, 61150 SE 27th Street, Bend OR 97702.
Invoice shall be made within thirty (30) days after delivery, installation, training, and acceptance by
County and will be based upon the contract price provided as Item #4, Total Bid as specified on the
Pricing Page.
Payment terms for this Contract are Net 30 days upon receipt of a correct invoice by the County.
CONTRACT NO. 2013-040 Page 36 of 40
Fcwm W-9
(Rev. December 2011)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Name (as shown on your income tax return)
BEAR CAT MFG, INC.
c.J , Business name/disregarded entity name, if different from above
G)'
~r-----------------------------------------------------------------------------------.------------a. Check appropriate box for federal tax classification:
5 0 IndividuaVsole proprietor Ii{] C Corporation S COrporation o Partnership 0 Trustleatate
GI II!
j; :8 0 Exempt payee
IJ 0 limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) I>-_____________________________ •• !;~
1: ! '
"t:_ • 0 Other (see Instructions) l>D.() I
!E
()
GI
D-
Address (number, street, and apt. or surte no.)
3650 SABIN BROWN RD
Requester's name and address (optionaQ
C/)
$ en
City, state, and ZIP code
WICKENBURG AZ, 85390
list account number(s) here (optionaQ
.:P.Ii i•• Taxpayer Identification Number (TIN)
Enter your llN In the app:opriate box. !he TIN pr~vided must match ~he name given on the "Name" line I Social security number I
to avoid backup withholding. For indiViduals, this IS your social security number (SSN). However, for a
resident allen, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a [ill -[IJ -I 1 1 1 1
TIN on page 3.
Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose I Employer identification number I
number to enter. GG]-b 16 h12121s1 01':&AI" Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
Sign Signature of
Here u.s. person I>Date I>
General Instructions
Section references are to the Intemal R
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income pald to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
Is not subject to the withholding tax on foreign partners' share of
effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester's form if it is substantially similar
to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner In a partnership conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat. No. 10231X Form W-9 (Rev. 12-2011)
• The U.S. Qrantor or other O'Mler of a grantor trust and not
the truat. and
• The U.S. trust (other than a Qrantor 1ru8t) and not the
beneficiaries of the trust.
Foreign person. If you are CI foreign pereon. do not use
Form W-9. lnetead. use the appropriate Form W-8 (see
Publication 515. WJthholdilg of True on Nonreaident AlieM
and Foreign Entitiee).
Nonresident alien who becomes a re&ident alien.
Genen:ally. only a nonresident ClDen individual may use the
terms of CI tnx treaty to reduce or elinMte U.S. tax on
certain types of income. However. moat tax treatie1l contain a
provision knooA" as CI ·savng clause." Exceptions specified
in the soving clau8e may permit an exemption from tnx to
contnue for certain types of income even after the recipient
has otherwise become CI U.S. reeident alien for tax PlJrpoeee.
If you ore a U.S. resident Cllien 'A-ho is refyilg on an
exception contained in the lICIving clause of 0 tax treaty to
clam an exemption from U.S. true on eerton types of income.
you IOOst attoch a statement to Form W-9 that epeeif_ the
followng five items:
1. The t~ty country. GeneroIIy. this roost be the &ame
treaty under which you claimed exemption (rom mx Q& 0
nonresident alien.
2. The treaty CIJ1ieIoe oddrenmo the income.
3. The article number (or Ioe4tion) in the mx treaty that
contains the saving cbJee and its exceptions.
4. The type and amount of income that quBlifies for the
exemption from tax.
5. Sufficient focts to i,leti#y the exemption from t4X under
the tenna of the treaty article.
Example. Article 20 of the U.S.-Qli'ICI income tax treaty
a110we an exemption from true for scholarship income
reee~ by 0 Qlineee student tempororily present in the
United States. Under U.S. law. this student wiD become 0
re$ident ODen for tax purposes if his or her stay in the United
Stntes exceeds 5 calendClr years. However. paragrClph 2 of
the fi"t Protocol to the U.S.-Qlina treoty (dated April 30.
1984) Clb-s the provisions of Article 20 to continue to apply
even after the Olineae student becomes 0 resident alien of
the United Stotes. A Chinese student who qualifies for thi&
exception (under pClmgfoph 2 of the frst protocol) and is
refying on this exception to claim an exemption from true on
his or her scholarship or felkM'Ship income would ottach to
Form W-g 0 stat«nent thot includes the information
described above to IlUppon that exemption.
If you ore 0 nonresident alien or 0 foreign entity not &ubjeet
to backup withhokf.,g. give the requester the approprote
completed Form W-8.
What is backup witHloiding? Persons moki1g certCiin
payments to you roost under certain conditions withhold ood
pay to the IRS 28% of such payments (after December 31.
2002). This is called "backup withholding." Paymente that
may be subject to bo.ekup withholding include ntereet.
dividends. broker and barter exchange trunsoctions. rents.
royalties. nonemployee pay. and certain payments from
fishing boot OPerators. Real estote tron8Clctions ore not
subject to backup wittYlolding.
You will not be subject to bo.ekup withholding on payments
you receive if you give the requester yout correct TIN. ITI4kie
the proper certificotions. ond report aD your t4XC1bIe intere$t
and dividends on your t4X retum.
Payment. you receive will be subject to backup
withholding if:
1. You do not fumiah YO!X TIN to the l'eqUeeter.
2. You do not certify yot.r TIN when required (see the Port
/I instructions on page 4 for detnils).
3. The IRS tells the requester that you fumi&hed an
incorrect TIN.
4. The IRS tells you that you ore subject to backup
withholdng beClll.lSe you did not report aU yot.r interest and
dividends on your tax retum (for reportable nterest and
dividends only). or
5. You do not certify to the requester that you ore not
eubject to bo.ckup withholding under 4 obove (for reportable
interest and dividend aoeounts opened Cifter 1983 only).
Certain payees and payments ore exempt from bGckup
withholding. See the instructions below and the separate
Instructions for the Requester of Fonn W-9.
Also see Special ruhts reg.-dt'nQ ~p$on page 1.
Penalties
Failure to furnish TIN. If you fClil to fumi&h your correct TIN
to 0 requester. you ore eubjeet to 0 penCllty of .$SO for each
&UCh failure unlese yout foiure is due to reasonable couse
and not to willful negleet.
Civil penalty for false information with respect to
withholding. If you rnoko Q false stnternent with no
reQllOl'lClble basis that results in no backup withholding. you
ore eubjeet to a $500 penalty.
Crimin~ penalty for falsifying infonnation. WiDfuDy
faleifyilg certifications or affrmations may subject you to
crminal penalties including fine& and/or imprisonment.
Misuse of TINs.. If the requester di&c108es or uses TINs in
violation of federal low. the requester may be eubjeet to civil
and criminal penalties.
Specific Instructions
Name
If you are an ildividual. you must generally enter the name
shown on your income tax return. However. if you have
changed your loot name. for instance, due to marriage
without informing the Social Security Administration of the
narne <:hooge. enter your firet name. the last nCIme shoY." on
your social eeeurity cord. and yout new last name.
If the account is in joint names. list firet. and then circle.
the nome of the person or entity whose oomber you entered
in Part I of the form.
Sole proprietor. Enter your individual name as ahCMo1l on
your income tax return on the "Nome· line. You may enter
your business. trade. or "doing busine8e D.8 (DBA)" name on
the "Business name· line.
Limited liability company tlLC).1f you ore 0 silgfe..member
LLC [InCluding 0 IoreiQn LLC 'Aith a domestic owner) that is
disregMded Q& on entity separote from its O'Mler under
Treasury regulCltiontl section 301.7701-3. enter the owner's
narne on the ·Nome"line. Enter the LLC's nCIrne on the
"8usine86 name· line. Cheek the Clppropriate box for your
filng stntus (sole proprietor. corporation. etc.). then <:heck
the box for ·Other" and enter ·LLC· in the space provided.
Other entities.. Enter yout business nome as MCMo1l on
required federnI t(IX documents on the "NCIrne· line. This
narne should match the name shown on the charter or other
legal document c~ting the entity. You may enter any
busine86. trClOe. or DBA name on the ·Busineee nCIme" tne.
Note. Ydu ore requested to cheek the appropriate box for
your status (sndividuoVsole proprietor. corporotion. etc.).
Exempt From Backup Withholding
If you ore exempt. enter your nane as de8Cribed obove and
cheek the appropriate box for your stotue. then cheek the
"Exempt (rom bocloJp withholding" box in the line following
the business name. sign and date the form.
CONTRACT NO. 2013-040 Page 38 of40
Generally. ndividuale (ncluding sole proprietors) are not
exempt from backup withholding. Corporations IW exempt
from backup wilhholding for ceftan payments. euch as
intetest and dividends.
Note. If you are er.empt from backup ....ithholdng. you
should slil complete this form to avoid poesible erroneous
backup ....ithholdng.
Exempt payees. Backup withholding is not required on any
payments made to the following payee&:
1. An organit4tion exempt from tax under section SOl (a).
any IRA. or a custodiol 8CCOU'It under section 400(b)(7) if the
account satisfies the requirements of section 401 (f)(2).
2. The United States or any of its agencies or
nstn.rnentalitie8.
3. A atate. the District of CokJmbia. a possession of Ihe
United States. or any of their poIitic4l subdivisions or
nstn.rnentalities.
4. A foreign government or any of iIB political subdivisions.
ogeneies. or instrumentalities. or
S. An international organization or any of its agencies or
nstn.rnentalitie8.
Other poyee& that may be er.empt from backup
\\ithholding include:
6. A corporation.
7. A foreigl central bonk of issue.
a. A dealer n securities or commodities required to register
in the United States. the District of Columbia. or a
poesesaion of the United Stotes.
9. A futures commill8ion merchant registered ""ith the
Commodity Futt.r'es Trading Commission.
10. A real est4te nvestment trust.
11. An entity registered at all tines during the tax year
under Ihe Investment Company Act of 1940.
12. A COIT'rnOrl trust fund operoted by 0 bonk under
section 584(0).
13. A rnoncial institution.
14. A middleman known in the investment comrronity as a
nominee or CU8todian. or
15. A trust exempt from tax under section 664 or
deeeribed in section 4947.
The chart be!0\\' shows types of payments that may be
exempt from backup withholdng. The chart applies to the
exempt recipients listed above. 1 through lS.
IF tM paymlMlt Is for. • • THEN 11'10 payIMIlt h .ompt
for •••
1nt0l'9St and dividMd p3)'I'MnI$ All (jl(qnpt r&Cipk,ots (jl(copt
for 9
Brokil' transactions I:x~t recipiiI'U 1 through 13.
Also. a IXlf'$OIl registered IJI'Kkjr
1hi I~MviNs Act 01
1940 ....no rfIgUlarIy .acts as a
brok",
Payrn.ontS CNer S600 r9QUired
to 00 r~and direct
sakis <:NIM $5.000 1
~Iy.~il'nPt r&Cipienl$
1 through 7
.~fomI1090-MISC. ~11>Xmt. and ,1& inattuc:tionI.
'HcM._. In. loIowing ~rredI> ~a corpcniIion ~9"O'Y
~paid ~lin aI:Iomey I.ndef N<:tOO ~_ it the an.:..r.ty ;. a
~and ~on FOtIII lON-MISC lIlA not IIQmpt t-om
bacIwp ~~and hHIIh cer.~.ectorney.· '-; and
peymenta for....w;.. paid by a fwdIraI-......~.
Part I. Taxpayer Identification
Number (TIN)
Enter yOU' TIN in the appropriate box. If you ore 0 resident
atien nnd you do not have and are not eligible to get on SSN.
~our TIN is your IRS individual tnxpayer identificatIOn number
~TlN). &iter it n the social eecurity number box. If you do
not have an ITlN. see How to {1tJt a TIN below.
H you are Q sole proprietor and you have an EIN. you may
enter either your SSN or EIN. HowIM!'!'. the IRS prefers that
you use your SSN.
H you are 0 &ingle-owner lie that is disreg..lrded os an
entity separate hom its O\\Tler (see limited .ablity company
(LLC) on page 2). enter your SSN (or EIN. if you hove one). If
the liC is a corporation. partnership. etc .. enter the entity·s
aN.
Note. See the chart on page 4 for further clorific.ation of
name and TIN combnations.
How to get a TIN. If you do not have a TIN. apply for one
immediately. To apply for an SSN. get Form SS-S.
Application for a Sociol Security Card. from your local SocQJ
Security Ati'nnie1rotion office or get this form onlne at
www.socials-ecuity.gov. You may also get this form by
callng 1-800-772-1213. Use Form W-7. Application for IRS
Individual Taxpayer Identification Number. to apply for on
ITlN. or Form $$-4, Application for Employer Identification
Number. to apply for an EIN. You can apply for on aN online
by ~sing the IRS ",,-ebaite at www.n.govlbUf1in~s and
clicki'lg on Employer 10 Numbenl under Rebted Topics. You
can get Forms W-7 and S8-4 fron1 the IRS by viGitng
www,if3.(lov or by coOing 1-aoo-TAX-FORM
(1-~a29~76).
If you IW asked to complete Form W-9 but do not have a
TIN. write "Applied For" n the space for the TIN. sign and
dote the form. and give it to the requester. For interest and
dividend payments. and certain paymenIB made ....ith respect
to readily tradable nstrumenIB. generally you .....iII have 60
days to get a TIN and give it to the requester before you are
subject to backup ....ithholding on payments. The 6O-day rule
does not apply to other types of payments. You will be
subject to backup ....ithholding on all such paymenIB until you
provide your TIN to the requester.
Note. Writng "Applied For" means that you have already
applied for 0 TIN or that you ntend to apply for one l1000.
Cautior1: A disregarded domestic entity that has a foreign
Owner' l'TXI$t use the 4{)propriate Form W-B.
CONTRACT NO. 2013-040 Page 39 of40
Part II. Certification What Name and Number To Give the
To estAblish to the withholdilg agent that you are 0. U.S.
penIOO. or re9fdent alien. eign Form W-9. You may be
requested to sign by the v.ithholdilg agent even if items 1. 4.
and 5 befow ildicate otherwise.
For a joint occount. only the person whoae TIN i& shown in
Pnrt I ehouId sign (when required). exempt ~ipient' see
Exempt From Ektck~ Withhold;,g on page 2.
Signatwe requirelnent~ Complete the certification Q8
indicated in 1 through 5 below.
1. Interest, dividend. and barter exchange accounts
opened before 1984 and broker ac:COLllts considered
active <ilring 1983. You must give your ~t TIN. but you
do not have to sign the certific4tion.
2. Interest. dividend. broker, and barter exchange
ac:COLllts opened after 1983 and broker accounts
considered inac:ti~ during 1983. You must sign the
certifICation or backup withholding wi. apply. If you ~e
sub;ec:t to backup withholding and you Il/'e merely providilg
your oorrec:t TIN to the requeeter. you must c:r0llS out item :2
in the certification before signing the form.
3. Real estate transaction~ You must sign the
certifICation. You may cro8& out item :2 of the certification.
4. Other payments. You rnuet give your correct TIN. but
you do not have to sign the certification unleee you have
been notified that you have previously given an ilcorrect TIN.
"Other pa)'lTlents" include payments made in the course of
the requester's trode or businees for ~ts. royaltiee. goods
(other than bills for merchandise). rned'1C41 and health care
services (ilc:k.iding payments to corporations). payments to a
nonemployee for services. payments to certain fi&hilg boat
c:r1!JW members and fishermen. and gross proceeds paid to
o.ttomeya (Including payments to corportltions).
S. Mortgage interest paid by you, acquisition or
abandonment of secured property. cancellation of debt.
qualified tuition program payments (LIlder section 529).
IRA, Coverdell ESA. Archer MSA or HSA contributions or
dis.tributions, and pension distributjon~ You must give
your c:orrec:t TIN. but you do not have to sign the
certification.
Requester
Forth~~ofaeoount
1. Individual Tho individual
2. Two or moro Indivldwls (joint Tho actual OWfloil' of til.) accooot
acOOJnI) or. if ~fund$. tl» fir&
indivldull/ on til.; accoont I
Tho minor:
(Uniform Gift to Minors Act)
3. Custodian acCOUnl of a milcf
4. a. Tho usual rwxabl& Tho grantor-trust~ •
sailings trust (9!'antor is
also trust~
b. So-calklod trust account
that is not a IGgaI or valid
trust IJ"td4.r stato Ia.\'
5. Sdo proprkitorship or
~1lEf'LLC
For tlI~ ~of __unt
('I. Solo prq>rielorship c:r
slngl&-OWI\(/( LLC
7. A valid trust. ~ato. or L;,.gal (Illity •
~tNst
8. COfl)OOlto or LLC €lecting
COfJ)Orato status on Form
8932
9. Association. dub. NliQiOus. Tho organization
charitabl&. odu<:atlonaI. or
ot/l.or tax-oxompt orQMiZatlon
10. Partn«ship or muItl-l\1IiimOOl'
LLC
11. A brok« or rogistorod
rIOIlliM$
12. Aocount with til.) DE9at1r1Wlnt
of Aqic~lKo in til.; n3I'Ile of
a public (Illity (such 3$ a
stato c:r kx:aI OO'Illfnm&nt.
schOOl <istdct. c:r prison) that
NCtliVQS agricUturai program
pa}1l1llf1ts
'u. first and ~the I"IiIIM of 1he ~...no..~you furi.n. K
aty one peraon (In a join! ao::OW1I h8$ M SSH. tMt penon'. I'IUI'IOEr moat
b+bni.n.d.
'Cin:la !hot minor'6 _ and bnilh IN minor'a SSH.
'YOIIIYlI.IIC ehow)'OW ft:fMdueI_ and you may eIeo ..... ~bwiM..
or 'QSA' _ (In tN MCoM _line.. You may UM _ ....... y<:u: SSH or
ElN (d you "-one). If you _ au ~.IRS tnOOUtagM )'W to
u.. ~SSN.
• Lilt 6ret and ~!hot nama of 1he J.geI trult. ..tata. or ~-.\00
mt bnilh 11M TN of e>& ~r~or ~\II1Ie$e e>& J.geI
«IIity «eelf i. mt dMigneIId in tN ax:o\A'It ti\N.) /oleo aea $p«iIII "*
triIgiIf'dng~on~1.
Note. If no name is circled when more thD.n one Mine is
listed. the number will be con&idered to be that of the first
n~Ii6ted.
Privacy Act Notice
Section 6109 of the InterT141 Reveooe Code requires you to provide your ~t TIN to persons who rnuet file information returm
with the IRS to report interest, dividends. and certain other ncome paid to you. mortg;lQe interest you paid. the o.cquisition or
abandonment of secured property. cancelltltion of debt. or contributions you mo.de to tin IRA. or Archer MSA or HSA. The IRS
usee the numboens for identification purpoees and to help verify the occuracy of your tax return. The IRS may also provide thia
information to the Department of Justice for civil and crimnallitigtltion. and to citiee. stAtes. the District of CoIumbin, and U.S.
poueseions to CQI1'}' out their tax lowe. We may also disclose this information to other COYntriee under tI tox treaty. to federal
and state agenc:iee to enforce federal nontax c:rininal kM'B. or to fedeftlilaw enforcement and iltelligenc:e agencies to combat
terrorism
You must provide your TIN whether or not you ore required to file a tax return. Payers must generally withhold 28% of taxable
interest. dividend. and certain other payments to Q payee who does not j:live a TIN to Q payer. Certtlin penalties may 0.180 apply. I
I
CONTRACT NO. 2013-040 Page 40 of40