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Home My WebLink Aboutbocc.con.118.2012Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: �'i / �� a0 t 2.. ORIGINATING DEPARTMENT: Fleet PROCUREMENT OFFICER: Chris Bull PHONE #: 920-5393 PROJECT NAME: R&B Dump Trucks DOLLARAMOiJNT: $255,191.24 CONTRACT EXECUTION DATE: CONTRACTOR: MCH Kenworth LINE ITEM # 111.53.00952.86650 CONTRACT END DATE: AUTOMATIC RENEWAL: ❑ YES � NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) � OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal � Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ License/Use ❑ Lease ❑ Construction � Goods, Equipment, Supplies ❑ Other (e.g. revenue) �� ,e� ,. � / ❑ Employment ❑ Intergovernmental Agreement (Resolution Required) ❑ Non-Profit ❑ Quasi-Public (e.g.-AVH) ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all e�chibits and notices must be attached for the following: ✓ ❑ No Pages Missing ✓❑ If Page Left Intentionally Blank Note on Page ✓ ❑ Page numbered consecutively ✓ ❑ All Original Signatures Affixed ✓ ❑ All Dates Filled In ✓❑ Special Instructions for Finance Department: ✓ ❑ Authorized Procurement Officer's Name: ✓❑ All Other Blanks Filled In ✓❑ All E�ibits Attached ✓� All Legal Descriptions attached (if applicable) ✓� Notice of Award/Notice to Proceed Attached (if applicable, ✓❑ Warranty (if applicable) 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 ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! � �, �0'YL Contract # 98-'2�'i'� Budget Line Item # 111.53.00952.86650 �� i ��c� � �e� .... �� ,F �� CONTRACT FOR THE PURCHASE OF GOODS Rev. 8.29.11 jaa THIS CONTRACT is made and entered into this 30th day of September, 2011 , by and between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "County") and MCH Kenworth, (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: 2 2012 Kenworth T800 Chassis Cabs 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 County at the following place and time: Place: Pitkin County Fleet Management 76, Service Center Rd, Aspen CO 81611 3. RISK OF LOSS. . At all times prior to delivery and County'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 County 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. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have 10 Days for inspection of goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, 1 � 11g,2o11.. Contract #9'�'�� Ledger# 111.53.00952.86650 .� Rev. 12/27/10 jls 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 [30 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. Deliverv 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 Warrantv and Repair. The Vendor hereby warrants that for a period of 1 Year 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 $255,191.24 but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. 11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity. 12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the Buyer. 18 � _____ __ �� iJ$.�o�1" Contract #� Ledger# 111.53.00952.86650 Rev. 12/27/ 10 j ls 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 ora1. 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 Ta�ces or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-SK. 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 IMMIJNITY. 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,OOQ.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 sha11 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 sha11 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 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 19 �� i i�. �« Contract #��' Ledger# 111.53.00952.86650 Rev. 12/27/10 jls 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 Chris Bull 76Service Center Rd Aspen, Colorado 81611 Fax 970-920-5374 To V endor: Jordan Bogue, MCH Kenworth 752 -23 '/2 Road, Grand Junction CO 81505 Ph.970-242-2338 Fax.970-242-1126 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. . VENDOR: PITKIN COUNTY COLORADO By: Date: : : Date �=�� , Date � l� Brian Pettet, ' Works Director gy: Date ��OI i on Peac , County Manager � 20 Received: Sea 2 2011 02=30vm SEP/02/2011/FRI 05:21 PM Pit�in Public Works FAX No,970 920 5374 P.005 l/ g � Z.o �,� Conuact #98�29'Z'T' Ledger# 111.53.00952.86650 Rev. 12/27/10 jls Pitkin County to make any payments beyond those appropz�iated for Pitkin Caunty's then cu�rrent fiscal ycar. No provisions of this coatract shall be consocued to pledge or create a liez� on any class or source of Pxtkin County's moneys, nor shall any �rovision of this contxact restrict the future issuance of Pitkin County's bonds or an�+ obligations payable frvrn an� class or sourcc of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the foIIowing: (1) hand deli�very to the pe=son at tb,e address belor�v; (2) delivery by facsimilc with con5rmatioz� of receipt to the fax numbe� be�o+�; or (3) within three (3) days of being sent certi.fied first class mai1, postage prepaid, retu�a receipt requested addressed as �ollows: A. To: Pitkin Couz�ty Chris Bull 76Service Center �id Aspen, Colorado 8 X 611 Fax 970�920-5374 a_ To Vendoz: rordan Bogue, MCH T�enworth 752 -23 'h Road, Grrand runction CO 81505 Qh_ 970-242-2338 Fax_ 970-242-1126 with cvQies to: Pitkin County Attorney's Office 530 E. Main Stxeec, #302 .A spen, Colorado 81611 Fax:(97Q)920-5198 I1�T W�TNESS ��TLEOF, the parties ha�e executed this contract as of the date f�rst set out hezein above. . �rmoR: prrx�rr covrrr� cor.o�o ��: �...� - B, Datc: � , 2 '- 1 � I� Date �� ( i . Date � l� $rian peitet ' 'Works pirector ��,: . Date 1 %41 ( Jon Pesc County Mauager 20 . � MHC � KENWORTH' MHC Kenworth Grand Ju ction 752 — 23 %: R Grand Junction, Cobrado 81505 Div�ion of Colorado KenwoRh, Inc . 2338 970.242.1126fax www.mhcinck.com iso9ool Gluality in Service 11 �' z° i-�-- Sold to: Pitkin County 76 Service Center Road Aspen CO 81611 Salesperson: 10568 BOGUE 2012 KW / T800 S/N 1 NKDL70X9CR332662 FET Tax Exempt & Sales Tax Exempt 2012 KW / T800 S/N 1NKDL70XOCR332663 FET Tax Exempt & Sales Tax Exempt Documentation Fee(s) Amount Due Invoice no: Date: ,� Accounf�no: �� ` Terms: Bill of Sale 1521D 04/17/12 111850 Cash $127, 595.62 $127,595.62 $150.00 $255,341.24 . �: �..f. ., : � �._.._ r'�`-� . Buyer _.------___ .____.... Se er � —