Contract #07405, Recreation Park Trailers

Page 13 of 13

State of Washington

Current Contract Information

CCI Revision Date: July 2, 2009

This page contains key contract features. Find detailed information on succeeding pages. For more information on this contract or if you have any questions, please contact your local agency Purchasing Office, or you may contact the Office of State Procurement at the numbers listed below.

Contract number: / 07405 / Commodity code: / 5410
Contract title: / Recreation Park Trailers
Purpose: / Contract extended for 24 months to its maximum-term end-date under the existing terms, conditions, specifications, and pricing.
Current extension period: / September 1, 2009 / through: / August 31, 2011
Contract type: / A convenience use contract.
For use by: / General use: All State Agencies, Political Subdivisions of Washington and Oregon State, Qualified Non-profit Corporations, Participating Institutions of Higher Education (College and Universities, Community and Technical Colleges)

Scope of contract

/ This contract is awarded to one contractor.
Contractor: / Nor’Wester Industries / Customer Service &Order placement: / Luella Hamilton
Address: / 1722 Bishop Road / Phone: / 360-748-7323
P.O. Box 209 / Cell Phone: / 360-508-5320
Chehalis, WA 98532 / Fax: / 360-748-7326
Email: /
Alternate
Contact: / Terry Kirby
Federal ID No.: / 91-1876824 / Phone: / 360-748-7323
WA Tax No. / 601-842-602 / Fax: / 360-748-7326
Vendor Website: / www.norwesterindustries.com
Ordering information: / See page 2 and Notes section.
Product available: / Recreation Park Trailers for use as temporary living quarters for recreational, camping, or seasonal use
Related product contracts: / #05904 Yurt Kits
#09802 Precast Concrete Restroom Buildings
#05706 Precast Concrete Vault Restroom & Utility Buildings

Office of State Procurement:

State Procurement Officer: / Kirsten Taylor / Customer Service
Phone Number: / (360) 902-7433 / Phone Number: / (360) 902-7400
Fax Number: / (360) 586-2426 / Fax Number: / (360) 586-2426
Email: / / Email: /

Visit our Internet site: www.ga.wa.gov

Payment address: / Nor’Wester Industries, Inc, P.O. Box 209, Chehalis, WA 98532
Payment terms: / Net 30 days
Volume Discount: / See Price Sheets
Charge Card: / none
Lead Time (ARO) / 180 calendar days
Shipping destination: / See Price Sheets
Oregon Purchasing Coop: / No price increase for freight
Freight: / See Price Sheets
Repair Facility: / Nor’Wester Industries, Inc., Contact: Gilbert L. Gilles, (360) 748-7323
Contract pricing: / See Price Sheets
Term worth: / $420,000/2 year term
Current participation: / $0 MBE / $0 WBE / $420,000 OTHER / $0 EXEMPT
MBE 0% / WBE 0% / OTHER 100% / Exempt 0%

Notes:

I.  Ordering: State Agencies to submit Order directly to Contractor for processing. Political Subdivisions to submit orders directly to Contractor referencing State of Washington contract number. If you are unsure of your status in the State Purchasing Cooperative call (360) 902-7415.

II.  Authorized Purchasers: Only authorized purchasers included in the State of Washington Purchasing Cooperative (WSPC) and State of Oregon Cooperative Purchasing Program (DASCPP/ORCPP) listings published and updated periodically by OSP and DAS may purchase from this contract. It is the contractor’s responsibility to verify membership of these organizations prior to processing orders received under this contract. A list of Washington members is available on the Internet at https://fortress.wa.gov/ga/apps/coop/Default.aspx, and a list of the Oregon members is available at http://egov.oregon.gov/DAS/PFSS/SPO/coop-menu.shtml contractors shall not process state contract orders from unauthorized users.

III.  Contract Terms: This Document includes by reference all terms and conditions published in the original IFB, including Standard Terms and Conditions, and Definitions, included in the Competitive Procurement Standards published by OSP (as Amended).

SPECIAL CONDITIONS:

1.  Effective September 1, 2009, extended contract for two years to its maximum-term end-date.

2.  Effective September 1, 2007, extended contract for two years.

3.  Effective September 1, 2006, extended contract for one year.

4.  Contract award, effective September 1, 2005.

5.  All other terms, conditions, pricing, and specifications remain unchanged.


The following contract provisions were excerpted and abridged from the contract IFB and Amendment:

SPECIAL TERMS AND CONDITIONS

1.  CONTRACTOR REPRESENTATIVE

Bidder shall furnish contact information and service areas for representative(s) as required in bid response.

a)  Responsibility: Representative(s) shall function as the primary point of contact; shall ensure supervision and coordination, shall take corrective action as necessary to meet contractual requirements and shall be responsible for all coordination with local, state and federal agencies.

b)  Availability: Representative(s), or designee(s), shall be available during normal working hours (Monday through Friday, 8am to 5pm Pacific Time) and return Purchaser’s calls by the next business day.

2.  INSURANCE

Bidder, if awarded, shall provide proof of insurance coverage as required in Competitive Procurement Standards, Standard Terms and Conditions section, paragraph 44, Insurance.

3.  BID PRICING

a)  Bidder is to bid a FOB Factory price and bid a price per mile from the factory to delivery location.

b)  Bidder is to bid a FOB Destination (freight prepaid and included) price to State Park SW Regional office location (Olympia, WA 98512) as identified herein, and then bid a price per mile from the State Park SW Regional Olympia office location to delivery location.

c)  Bidder is to bid those other items as identified on the Price Sheet and identify any prompt payment discounts and volume discounts in bid response.

4.  REPAIR FACILITY

Bidder shall provide a list of authorized factory repair facilities, which will honor the warranty of items on contract. The list will include the facility (ies) name, address, telephone number, and contact person.

Bids that are submitted from manufacturers that require service through dealer outlets is to include a letter signed by each dealer certifying full understanding and compliance with bid and servicing requirements.

5.  PRICING AND ADJUSTMENTS

Unless otherwise stipulated all bids must include unit prices and extensions where applicable and be in the format requested.

All pricing shall include the costs of bid preparation, servicing of accounts, and all contractual requirements. During contract period, pricing shall remain firm and fixed for at least 180 calendar days after effective date of contract. Adjustments in pricing will be at the discretion of the Contract Specialist and shall:

a)  Be the result of increases in operating costs, incurred after contract commencement date.

b)  Not produce a higher profit margin than that on the original contract.

c)  Clearly identify the items impacted by the increase.

d)  Be filed with Contract Specialist a minimum of sixty (60) calendar days before the effective date of proposed increase.

e)  Be accompanied by documentation acceptable to the Contract Specialist sufficient to warrant the increase.

f)  Remain unchanged for 180 calendar days from the effective date of contract change.

During the term of this contract, should the Contractor enter into pricing agreements with other Purchasers providing greater benefits or lower pricing, Contractor shall immediately amend the state contract to provide similar pricing to the state if the contract with other Purchasers offers similar usage quantities, and similar conditions impacting pricing. Contractor shall immediately notify the state of any such contracts entered into by Contractor.

6.  CONTRACTOR PERFORMANCE

a)  General Requirements: The state, in conjunction with Purchasers, monitors and maintains records of Contractor performance. Said performance shall be a factor in evaluation and award of this and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the Office of State Procurement.

b)  Liquidated Damages: The state has an immediate requirement for the materials, equipment or services specified herein. Bidders are urged to give careful consideration to the state’s requirements and to the manufacturer’s production capabilities when establishing a delivery date(s).

c)  Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the Contractor.

d)  Warranty Work: All warranty work will be performed at the physical location of the unit, unless the work can not be reasonably performed on-site, then the Contractor will be responsible for all shipping costs.

e)  Warranty Work Completed: Any punch list items, warranty or repair work shall be completed sixty (60) days after notice to Contractor, unless the Purchaser grants more time. Final payment may be withheld until all punch list items are completed to the satisfaction of the Purchaser.

f)  Non-Warranty Repair Parts: Contractor agrees to deliver all repair part ordered by Purchaser for non-warranty maintenance related work and associated with products purchased using this contract within thirty (30) calendar days after receipt of an official order document (Field Order) from Purchaser.

7.  WARRANTIES

Unless otherwise specified herein, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture. Contractor shall submit a copy of warranty(ies) with items delivered under this contract. In the event of conflict between contract terms and conditions, and warranty submitted, to afford the state maximum benefits, the contract terms and conditions shall prevail.

8.  STANDARD PRODUCTION MODEL

Unit shall be new (unused) current standard production model, meeting specification identified herein, and shall be completely prepared for Purchaser delivery. Each unit shall include all inspection coupons, certicards, or warranty identification cards furnished to the trade in general in accordance with standard warranty policy. All accessories as listed herein shall be identical to those regularly supplied to the dealer by the original equipment manufacturer, and shall be of the identical quality and design as those normally installed on units for sale through normal commercial channels. Units supplied shall have all the latest changes and features offered as standard whether called for in these specifications or not.

9.  MATERIALS AND WORKMANSHIP

Contractor shall be required to furnish all materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of items for this contract shall conform to all codes, regulations and requirements for such items, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of item.

10.  PAYMENT

No “up front” or “down payments” will be provided to the Contractor per State law RCW 43.88.160.

11.  COMPLIANCE WITH LAWS AND REGULATIONS

Contractor agrees to comply with federal, state and local laws and regulations, including Fire and Building Codes and Washington State Labor and Industries requirements, as may be amended, and any standards and regulations which may be promulgated during the contract. Contractor further agrees to indemnify and hold harmless the State from all damages assessed against the State as a result of the Contractor’s failure to comply with these laws, standards and regulations.

12.  ORDER PLACEMENT

Contractor shall provide order acknowledgments within three (3) business days after receipt of an order, and a manufacturer production date confirmation and deliver date within ten (10) business days after receipt of order. Order acknowledgments and production confirmations shall be sent to the customer’s bill to address or email address, unless otherwise requested by the customer. The acknowledgment shall include field/purchase order number, ship to address, items ordered, contract pricing, and ship date.

13.  DELIVERY SCHEDULE

Bidder shall provide with their bid response an “after receipt of order” (ARO) delivery date, this date shall establish a standard product delivery lead-time, although the ARO delivery date may be longer depending on the size of the order. When an order is placed, the Contractor shall establish a firm delivery date that is mutually agreed upon.

Contractor shall coordinate with a Purchaser a mutually agreeable delivery schedule and provide an advance five (5) weeks delivery notice before shipping, and then follow-up with a two (2) working day final delivery notification. Purchaser shall immediately notify the Contractor of any delays in the schedule and coordinate a new mutually agreeable delivery schedule.

14.  SHIPPING AND DELIVERY LOCATION

Contractor shall coordinate shipping and delivery details when Purchaser places an order and confirm the delivery site is adequate for the receiving the shipment. Delivery charge shall include the delivery of the unit to the Purchaser’s site, including the use of 1 to 2 Pilot cars and all related expenses, but not the installation of the unit as described herein.

Typical delivery locations shall be level, have adequate access, adequate overhead clearance, no underground obstructions, adequate turn around for shipping truck, and be readily accessible from Interstate or similar roads by an industry standard delivery truck. Contractor may refuse an order if a site is not adequate for a safe delivery as determined by the Contractor. Additional freight charges may apply to a delivery location if a delivery location does not meet the above description. Special WSDOT Road Permits or bridge restriction may impact freight charges for a location. Contractor shall receive prior approval of any additional freight charges. There shall be no surcharge for fuel.

15.  INSTALLATION AND UTILITY HOOK-UP SERVICE

Contractor shall provide Installation and Utility Hook-up Service if requested by Purchaser, services are described herein. Service work shall occur at various sites in the State with varying degrees of access and weather. All service work shall be performed in a professional manner. Service work does not involve any construction activities at the site. The premises shall be left in a clean condition.

16.  PURCHASES BY NONPROFIT CORPORATIONS

Legislation allows nonprofit corporations to participate in state contracts for purchases administered by OSP. By mutual agreement with OSP, the contractor may sell goods or services at contract pricing awarded under this contract to self certified nonprofit corporations. Such organizations purchasing under this contract shall do so only to the extent they retain eligibility and comply with other contract and statutory provisions. The contractor may make reasonable inquiry of credit worthiness prior to accepting orders or delivering goods or services on contract. The state accepts no responsibility for payments by nonprofit corporations. Their use of the contracts may significantly increase the purchase volume. Their orders are subject to the same contract terms, conditions and pricing as state agencies.