HomeMy WebLinkAboutbocc.con.082.2011 CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING /ARCHIVING
CONTRACT #: 082 -2011
ORIGINATING DEPARTMENT/DIVISION: Fleet
CONTACT PERSON: Chris Bull PHONE #: 5393
PROJECT NAME: CMAQ Vans
❑ BOCC AGENDA ITEM ❑STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
® Over $50,000 (Requires County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None ❑Informal ❑Formal ❑Sole Source ❑Emergency ❑State Bid
❑Compliance with House Bills 06 -1343 and 07 -1073 — Immigration Form (Under $10,000, Letters of Engagement, el
DOLLAR AMOUNT: $87,000 BUDGET LINE ITEM/LEDGER NUMBER: 111.52.94540.86650
✓ CHECK CONTRACT TYPE:
❑Services /Maintenance ❑Employment (for county employees)
❑License/Use ❑Intergovernmental Agreement (Requires BOCC. Action)
❑Lease ❑Non - Profit
❑Construction ❑Quasi - Public
ZGoods, Equipment, Supplies ❑Grant Agreements (Requires BOCC Action)
❑Other (e.g. revenue) ❑Change Order /Contract Amendment
CONTRACTOR: Heritage Ford COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor)
Contract Execution Date:5 /19/11 Contract End Date:
Automatic Renewal: ❑Yes ®No Term of Contract:
y k
Sing All Contracts should be proofed for the following:
✓ ZNo Pages Missing \`
✓ ❑If a Page is Left Intentionally Blank —Note on Page 1 `
✓ Page numbered consecutively
✓ ®A11 Signatures Affixed
✓ ❑All Dates Filled In
✓ DAII Other Blanks Filled In
✓ ❑All Exhibits Attached
✓ ❑HB 06 -1343 and 07 -1073 (Immigration Legislation) Included in RFP and/or Contract
✓ ❑All Legal Descriptions Attached (if applicable)
✓ ❑Notice of Award/Notice to Proceed Attached (if applicable)
✓ [Warranty (if applicable)
✓ ['Special Instructions for Finance Department:
✓ ZSent to Clerk and Recorder for Scanning/Archiving
✓ Authorized Staff Person's Name: Chris Bull
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.
Contract # 082 -2011 Rev. 12/27/10 jls
Ledger# 111.52 94540 86650
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CONTRACT
FOR THE PURCHASE OF GOODS
THIS CONTRACT is made and entered into this 9th day of May, 2011 , by and between
Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado
81611 (hereinafter "Buyer ") and Heritage Ford Inc, (hereinafter "Vendor ").
1. GOODS PURCHASED. Vendor shall provide Buyer the following goods
conforming to the stated description and any Technical Specifications attached to this
contract:
(3) 2011 Ford E350, 15 Passenger Vans, Specifications attached.
2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals,
support information and notice of any extended warranties, shall be delivered by Vendor to the
Buyer at the following place and time:
Place: Heritage Ford Inc.
3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the
goods, Vendor shall bear any and all risk of loss of or damage to the goods. During such period,
Vendor shall insure the goods for loss or damage in amounts and under appropriate terms.
4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for
delivery of goods.
5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for
liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount
of $ per calendar day for each day or part of a day that goods are not delivered on the
date and time established in accordance with this contract. The parties agree that the stated sum is a
reasonable forecast of fair compensation for the anticipated damages for delay and that they
genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase
price. [OPTIONAL]
6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon
acceptance by Buyer. Buyer shall have 10 business days for inspection of goods. At delivery and
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Contract # 082 -2011 Rev. 12/27/10 jls
Ledger# 111.52 94540 86650
after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any
and all other documents evidencing such ownership and title to the goods. The goods shall be
delivered to Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant
the same, which warranty shall survive closing of this contract.
7. REJECTION OF GOODS. If goods are not delivered according to the specifications
and descriptions of this contract, Buyer may reject goods. Vendor shall have 10 business days
additional time to deliver goods in conformance with this contract. Upon failure of Vendor to
deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue
remedies contained in this contract.
8. WARRANTY /REPAIRS:
A. Delivery of Warranty, Upon delivery of the goods, Vendor shall
simultaneously tender to Buyer all warranties, guarantees, manuals and other
documents specified by the contract documents or in possession of Vendor.
B. Terms of Warranty and Repair. The Vendor hereby warrants that for a
period of 10 business days after goods are accepted, Vendor will, at Vendor's own expense,
without any cost to the Buyer, replace all defective parts and make any repairs to the goods
that may be required or made necessary by reason of defective material or workmanship.
Where practicable, warranty repairs are to be made in the field; however, in the event of
major repairs, the goods may be transported to Vendor's facility at no cost to the Buyer.
C. Extended Warranties. In addition to the above, the Buyer may avail itself of
the Vendor's standard and/or extended warranties. The Vendor shall offer to the Buyer any
extended warranties, which may be available from the manufacturer at the time of delivery,
or any subsequent extended warranties, for which the Buyer may be eligible, which become
available thereafter. The Buyer is under no obligation to accept and pay for these extended
warranties however.
9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in
compliance with this contract. In consideration of delivery and acceptance of the goods to Buyer in
accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and
only compensation, the stated sum of $70,449.00, but any payment by the Buyer may be offset by
any amount the Vendor owes the Buyer for any reason.
10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer has
the right to terminate this contract, with or without cause, by giving written notice to the Vendor of
such termination and specifying the effective date thereof.
11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall
default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit
for damages, specific performance or other relief in law or equity.
12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of
subcontractors by the Vendor for performance of this contract must be accepted in writing by the
Buyer.
Z i8
Contract # 082 -2011 Rev. 12/27/10 Ps
Ledger# 111.52 94540 86650
13. BINDING ARBITRATION. Any disputes arising out of this contract shall be
subject to binding arbitration. The parties agree that any disputes concerning the terms and
conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association and shall be presided over
by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs
of the arbitration shall be awarded to the substantially prevailing party.
14. SEVERABILITY. In the event that any provision of this contract shall be held to be
invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding
upon the parties hereto
15. INTEGRATION AND MODIFICATION. This contract represents the entire and
integrated contract between the Buyer and Vendor and supersedes all prior negotiations,
representations, or contract, either written or oral. This contract may be amended only by written
contract signed by both the Buyer and Vendor.
16. EXEMPTIONS. All purchases of construction or building or any other materials for
this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98 -02624 and 84- 78000 -5K.
17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made
in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described in Paragraph 13, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is
relying on and does not waive, by any provision of this contract, the monetary limitations or terms
(presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, 24 -10 -101, et. Seq., C.R.S.,
as from time to time amended, or otherwise available to Buyer or any of its officers, agents or
employees. Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Vendor by the Buyer for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or
employees.
20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County as Buyer. Pitkin County's obligations under this
contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to
provide the services set forth herein. No provisions of the contract shall constitute a mandatory
charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin
County. No provision of the contract shall be construed or interpreted as creating a multiple - fiscal
i9
— J
Contract # 082 -2011 Rev. 12/27/10 jls
Ledger# 111.52 94540 86650
year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate
Pitkin County to make any payments beyond those appropriated for Pitkin County's then current
fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class
or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future
issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin
County's money.
21. NOTICE. Any written notice required by this contract shall be deemed delivered
through any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being
sent certified first class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Chris Bull Pitkin County Attorney's Office
76 Service Center Rd. 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: (970) 920 -5374 Fax: (970) 920 -5198
B. To Vendor:
John Hybiak, Heritages Ford Inc.
999 E. Eisenhower Blvd.
Loveland, Co. 80537
Ph. 970-667-2220 Fax.970- 663 -3889
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
VENDOR: PITKIN COUNTY COLORADO
b I ti - By: , Date c t o, t I
By: Chris Bully'' eet M. . ger
Date: -- / u / ^1l
:�� /idi Date�7—�l
Brian Pettet, Public Works Director
By: w eer" Date: 5 ' - /i- //
Jon Peacock, wr ounty Manager
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Rec 12 Is
MEMORANDUM
TO: File
FROM: Chris Bull
RE: (3) 15 Passenger Vans — Outside Agency Bid
DATE: May, 9 2011
STATE BID
At the procurement officer's discretion, a contract may be awarded for a property,
service, or construction item on the terms and to the contractor that has been selected under
the State of Colorado's or other governmental jurisdiction's competitive procurement
process. The other jurisdiction's process must maintain the spirit of the County's
procurement standards in order for the proposal to be accepted by the County. Pitkin
County Procurement Code section 3 -106.
Contract #: 082 -2011
Description of Project (3) 15 Passenger Vans
Budget:$87,000.00 Budget line item #: 111.52 94540 86650
Outside Agency Procurement used State Bid, Colorado
Contractor Contacted (who and how): Heritage Ford Inc. Contact: Phone and Fax
Jon Pe ounty Manager
(Place in file)
Note: When a contract is obtained, complete the Clerk's check list.
For outside agency information on available bids .. \training \Resources Public
Procurement.doc
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Fitton County
76 Service Center Road Aspen, Colorado 81611
John Hybiak
Heritage Ford Lincoln Mercury Inc �--, _
970.663.3889 ���
John,
I would like to order 3 15 passenger vans, per the state contract.
The additions that we want are as follows. -
Front and Rear Air
Back up Alarm
5 Additional Keys
Rear Axle -Anti Spin
Towing /Receiver Hitch
Power locks and Windows
Please provide pricing with these options, then I will be able to give you contract
# so you can order the Vehicles.
co 15-444-41 Thanks
2 0 4-3
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Christopher Bull - -
Fleet Manager.
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Public Works Fleet Maintenance Natural Resources
(970) 920 -5390 (970) 920 -5393 (970) 920 -5214 I ^}
fax 920 -5374 fax 920 -5764 fax 920 -5374 ' -`
From: -7 05/03/2011 07:17 #533 P.001 /002
HERITAGE FORD
999 E EISENHOWER BLVD
LOVELAND CO. 80537
Phone Number 970 667 2220, METRO 303 825 2430
Fax Number 970 6633889
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IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS:
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DEALER PHONE 9 70 – i A 7 2 P 3,0 SIGNATURE: !/`�
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