HomeMy WebLinkAboutNelson Truck Equipment Co., Inc., Amendment No. 1 - 101716CONTRACT AMENDMENT #I
AGREEMENT
' W ti By and Between KM
N
NELSON TRUCK EQUIPMENT CO., INC.
And
JEFFERSON COUNTY
For Dump Trucks
This Amendment #1 is by and between JEFFERSON COUNTY (hereinafter known as
"County" and the NELSON TRUCK EQUIPMENT CO., INC. (hereinafter known as "Contractor").
WHEREAS, the County and the Contractor entered into an Agreement on September 8,
2014, for Dump Trucks (hereinafter known as "Agreement"); and
WHEREAS, the parties agree that clarification is required regarding the delivery timing in
Section B, Subsection 9 of the Agreement; and
WHEREAS, the parties desire to amend the terms of the Agreement in accordance with
Section C, Subsection 13 of the Agreement; and
WHEREAS, the parties agree that no change in the Agreement's compensation is required or
authorized by this Contract Amendment #1;
NOW, THEREFORE, IT IS AGREED BETWEEN BOTH PARTIES AS NAMED
HEREIN that the Agreement is hereby amended as follows:
1. Section B, subsection 9, paragraph two, of the Agreement is deleted in its entirety and
replaced by the following text:
"Delivery of the specified vehicles or equipment must be completed within 270 Calendar
Days following the issue date of purchase order release. Final, satisfactory delivery of
each completed base unit, including Bid Line #1 (Five -yard Dump Truck) and Bid Line
#8 (Ten -yard Dump Truck), must be completed within 150 calendar days following
Contractor's satisfactory receipt of the chassis on which the completed unit will be built.
This specified 150 -calendar -day time limit shall be increased by the number of calendar
days' delay caused by any changes by the County to the vehicle or equipment, but shall
not be increased due to corrections required by the County in the case of any failure by
the Contractor to meet the specification.
Failure of the Contractor to deliver the vehicle or equipment within the specified time
limit would jeopardize the operation of the County, which would, as a result, incur losses
not readily calculated in dollars. Therefore, if any base unit ordered under the contract is
not delivered within the specified time limit, the Contractor must pay to the County the
sum of $200 per vehicle or equipment for each calendar day after the specified time limit
that the Contractor has not satisfactorily delivered the vehicles or equipment; such
monies must be paid as liquidated damages, not a penalty, to partially cover costs and
losses incurred by the County.
The County will recover such liquidated damages by deducting the amount thereof out
of any monies due or that may become due to the Contractor. If such monies are
insufficient to cover said liquidated damages, the Contractor must pay any remaining
amount due to the County.
Nothing contained in this Subsection will be construed as limiting the right of the
County to recover from the Contractor any and all amounts due or to become due and
any and all costs and expenses sustained by the County for improper performance
hereunder, repudiation of the Contract by the Contractor, failure to perform or breach in
any other respect, including but not limited to defective workmanship or materials.
Additionally, nothing in this Subsection will be construed as a waiver by the County of
any other rights or remedies that exist under this Contract, at law or in equity, including
the right to terminate the Contract."
IN CONSIDERATION THEREOF, the County agrees not to terminate this Contract effective
9/14/16 pursuant to Section C, Subsection 19, paragraph one.
APPROVED and signed this r </ (ma
Lday of ccbe.* , 2016.
NELSON TRUCK EQUIPMENT CO., INC.
Ben Nelson, General ager
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
*m - VU 4-- , �
Kathleen Kler, Chair
Board of County Commissioners
Approved as to Form:
affa*y Prosecuting Attorney
Department of Central Services
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Matt Stewart, Manager, Fleet Services Division
Agenda Date: October 17, 2016
Subject: Amendment to Nelson Truck Equipment Co, Inc. contract
Statement of Issue:
The attached agreement with Nelson Truck Equipment Co., Inc. amends a contract executed
in 2014, adding a discrete time limit for the construction of the dump -body portion of the
specified Dump Trucks and adding provisions for liquidated damages in case that limit is
exceeded.
Analysis/Strategic Goals/Pros ft Cons:
In exchange for not terminating the contract at this time, the County obtains assurance that
future deliveries will be more timely than those in the past.
Fiscal Impact/Cost Benefit Analysis:
As described in the proposed amendment, delays in Dump Truck deliveries can be costly due
to the need to replace aged vehicles. The amendment provides assurance that delays will not
occur or that, should they occur, the County will be able to recover liquidated damages.
Recommendation:
Execute the attached contract.
Department Contact:
Matt Stewart, Manager of Fleet Services, 344-9713
By: v
Morley, C unby Administr Date
CONTRACT REVIEW FORM
CONTRACT WITH: Nelson Truck Equipment Co., Inc,
(Contractor)
CONTRACT FOR: Amendment to contract signed 9/8/14 TERM:
COUNTY DEPARTMENT: Central Services SEP 28 2016
For More Information Contact: Matt Stewart
Contact Phone:
RETURN TO: Renee RETURN BY: 10/07/16
AMOUNT: PROCESS:
` Exemp fromBid P e� h
Consultant Selection Process
Revenue:
Cooperative Purchase
Expenditure:
Competitive Sealed Bid
Matching Funds Required:
small works Roster
Source(s) of Matching Funds:
Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY RISK
Review by:
Date Reviewed:
KiAPPROVED FORM Returned for revision (see comments)
IIII Comments:
Step 2: REVIEW BY PROSECUTING
Review by:
Date Reviewed:
APPROVED AS TO FORM
Co ents:
4��
Returned for revision (See comments)
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FIND
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract and Agenda Request Form along with 6 copies of Contract aWv +�)F"�fNF
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be submitted to BOCC Office by 5 p.m. TUESDAY for the following
"A F
(This form to stay with contract throughout the contract review process.)