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HomeMy WebLinkAboutbocc.con.008.2014 Rev. 08-30-11 jls COUNTY CLERK'S 'Se CONTRACT COVERSHEET CONTRACT #: 008-2014 ORIGINATING DEPARTMENT: Fleet PROCUREMENT OFFICER: Jonah Frank PHONE #: 5393 PROJECT NAME: 5 Chevy Tahoe's CONTRACTOR: John Elway Chevy DOLLAR AMOUNT: $160,425.00 LINE ITEM # 110.31.00952.86650 CONTRACT EXECUTION DATE: CONTRACT END DATE: AUTOMATIC RENEWAL: ❑ YES ® NO TERM: El 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 El Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt ❑ Contract Renewal 1 0 c ✓ CHECK CONTRACT TYPE: E l Services/Maintenance El Employment ❑ License/Use El Intergovernmental Agreement(Resolution Required) ❑ Lease El Non-Profit El Construction El Quasi-Public (e.g.-AVH) ® Goods, Equipment, Supplies El Grant Agreements(Notify Finance & Resolution Required) El Other(e.g. revenue) El 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 exhibits and notices must be attached for the following: ✓ ® No Pages Missing ✓❑ All Other Blanks Filled In ✓ El If Page Left Intentionally Blank—Note on Page ✓® All Exhibits Attached ✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached &applicable) ✓ ® All Original Signatures Affixed ✓❑Notice of Award/Notice to Proceed Attached (if applicable) ✓ ® All Dates Filled In IN Warranty(if applicable) ✓ ® Special Instructions for Finance Department: Check ASAP ✓ ® Authorized Procurement Officer's Name: Jonah Frank 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. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract# 008-2014 Rev.8.29.11 jaa Budget Line Item# 110.31.00952.86650 0 1' ( IN COUNT C@/-)c-Ng• CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into this 2nd day of January, 2014 , by and between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 31611 (hereinafter"County")and John ElwayChevy, (hereinafter"Vendor"). I. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: 5,Chevy Tahoe's, Per State Award#07000YYY83M 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 County at the following place and time: .. Place: 1080 S Colorado Blvd, Denver, CO 80246 Date and Time: . TBD 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$_0.00_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 delayy and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. • Contract# 008-2014 Rev. 8.29.11 jaa Budget Line Item#110.31.00952.86650 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have 7 days for inspection of goods. At delivery and 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 County free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. ai 7. REJECTION OF GOODS. If goods are not delivered according to the L1 ) specifications and descriptions of this contract, County may reject goods. Vendor shall have 10 days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, County 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 County 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 3 years 36,000 miles bumper to bumper and 5 years 100,000 miles drivetrain after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the County, 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 County. C. Extended Warranties. In addition to the above, the County may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County 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 County in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $160,425.00, but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County 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. 2 Contract# 008-2014 Rev.8.29.11 jaa Budget Line Item#110.31.00952.86650 11. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terms, County 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 County. 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 County 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 County 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 the County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 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 the County 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 3 Contract# 008-2014 Rev. 8.29.11 jaa Budget Line Item#110.31.00952.86650 Vendor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any it\ payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County as County. 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 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: Jonah Frank Pitkin County Attorney's Office 76 Service Center Rd 530 E. Main Street, #302 Aspen, Co 81611 Aspen, Colorado 81611 970-920-5764 Fax: (970) 920-5198 B. John Elway Chevy Mark McMunn 1313 Motor City Dr. Colorado Springs, Co 80905 719-634-1058 4 Contract# 008-2014 Rev. 8.29.11 jaa Budget Line Item#110.31.00952.86650 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: John Elway Chevy BOARD OF COUNTY COMMISSIONERS OF C . - / /J�1I PITKIN COUNTY COLORADO I By:. JO44 t4 g lwak By: / 5, I i ) i. f Name/Compan Date Fle � ate /z/3O/3 By:,M,� ) get it-( /1411/7/01.4.4.---- I coon Leader Date A A'/j9ciyl1/47e By e (,_ "T ,yJ ounty anager Date 5 Prepared By: Mark McMunn JOHN ELWAY CHEVY-- MIKE SHA 1313 MOTOR CITY DR COLO SPGS, CO 80905 Phone: (719)866-1134 Fax: (719)634-1058 Email: markm@mikeshawbuickgmc.com 2014 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr Commercial CK10706 QUOTE WORKSHEET QUOTE WORKSHEET-2014 Fleet/Non-Retail CK10706 4WD 4dr Commercial MSRP $45,660.00 Destination Charge $995.00 Optional Equipment ($4,427.00) Dealer Advertising $0.00 Customer Discount ($10,143.00) Accessories COLORADO STATE AWARD 07000YYY83M $0.00 Total Accessories $0.00 Taxable Price $32,085.00 TOTAL $32,085.00 Customer Signature / Date Dealer Signature / Date Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 288.0, Data updated 7/30/2013 ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. Customer File: September 20, 2013 10:04:39 AM Page 1 Prepared By: Mark McMunn JOHN ELWAY CHEVY--MIKE SHA 1313 MOTOR CITY DR COLO SPGS, CO 80905 Phone: (719)866-1134 Fax: (719)634-1058 Email: • markm @mikeshawbuickgmc.com 2014 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr Commercial CK10706 WINDOW STICKER • 2014 Chevrolet Tahoe 4WD 4dr Commercial Interior: - Ebony 5.3L/323 CID Gas/Ethanol V8 Exterior 1: - Summit White 6-Speed Automatic Exterior 2: - No color has been selected. CODE MODEL MSRP CK10706 2014 Chevrolet Tahoe 4WD 4dr Commercial $45,660.00 OPTIONS Z71 SUSPENSION PACKAGE, OFF-ROAD INC FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 LMG ENGINE, VORTEC 5.3L V8 SFI FLEXFUEL $0.00 MYC TRANSMISSION, 6-SPEED AUTOMATIC, ELECTRONICALLY CONTROLLED $0.00 GU6 REAR AXLE, 3.42 RATIO INC 1 FL COMMERCIAL PREFERRED EQUIPMENT GROUP $0.00 NX7 WHEELS,4- 17"X r(43.2 CM X 17.8 CM)STEEL $0.00 QJP TIRES, P265/70R17 ON-/OFF-ROAD, BLACKWALL $150.00 ZY1 SOLID PAINT $0.00 50U SUMMIT WHITE $0.00 A95 SEATS, FRONT BUCKET WITH PREMIUM CLOTH $935.00 19C EBONY, PREMIUM CLOTH SEAT TRIM $0.00 US8 AUDIO SYSTEM, AM/FM STEREO WITH MP3 COMPATIBLE CD PLAYER $0.00 5W4 IDENTIFIER FOR SPECIAL SERVICE VEHICLE. -$6,770.00 K5L TRAILERING PACKAGE, HEAVY-DUTY INC 6J1 IGNITION INC G80 DIFFERENTIAL, HEAVY-DUTY LOCKING REAR $295.00 KNP COOLING, AUXILIARY TRANSMISSION OIL COOLER, HEAVY-DUTY AIR-TO-01 INC KC4 COOLING, EXTERNAL ENGINE OIL COOLER, HEAVY-DUTY AIR-TO-OIL, INTE INC K47 AIR CLEANER, HIGH-CAPACITY INC Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 288.0, Data updated 7/30/2013 ©Copyright 1986-2012 Chrome Data Solutions, LP.All rights reserved. Customer File: September 20, 2013 10:04:39 AM Page 2 Prepared By: Mark McMunn JOHN ELWAY CHEVY-- MIKE SHA 1313 MOTOR CITY DR COLO SPGS, CO 80905 Phone: (719)866-1134 Fax: (719)634-1058 Email: markm@mikeshawbuickgmc.com 2014 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr Commercial CK10706 WINDOW STICKER NQH TRANSFER CASE,ACTIVE, 2-SPEED ELECTRONIC AUTOTRAC INC BATTERY, 660 COLD CRANKING AMPS INC NZZ SKID PLATE PACKAGE INC KEY, SINGLE, 2-SIDED INC LUGGAGE RACK, DELETE INC 6J7 FLASHER SYSTEM, HEADLAMP AND TAILLAMP, DRL COMPATIBLE $480.00 7X6 SPOTLAMP, LEFT-HAND $460.00 WIPERS, FRONT INTERMITTENT WET-ARM INC UN9 RADIO SUPPRESSION, BRAIDED BRASS STRAPS INC WX7 WIRING, AUXILIARY SPEAKER $55.00 6J3 WIRING, GRILLE LAMPS AND SPEAKERS $102.00 6J4 WIRING, HORN AND SIREN CIRCUIT $36.00 AG2 SEAT ADJUSTER, FRONT PASSENGER 6-WAY POWER INC ATD SEAT DELETE, THIRD ROW PASSENGER INC AMF REMOTE KEYLESS ENTRY FLEET PACKAGE, PROGRAMMABLE $75.00 UT7 GROUND STUDS, AUXILIARY INC 9G8 HEADLAMPS, DAYTIME RUNNING LAMPS AND AUTOMATIC HEADLAMP CON $1.00 UEO ONSTAR, DELETE INC SAFETY BELTS, 3-POINT, DRIVER AND FRONT PASSENGER IN ALL SEATING INC VQ2 FLEET PROCESSING OPTION $0.00 VPV SHIP THRU, PRODUCED IN ARLINGTON ASSEMBLY AND SHIPPED TO KERR I INC SPECIAL EQUIPMENT OPTIONS 9G3 SUSPENSION PACKAGE, OFF-ROAD, FOR BASE DECOR VEHICLES $379.00 9N5 FLOOR CONSOLE DELETE -$625.00 5T5 SEATS, REAR VINYL WITH FRONT CLOTH SEATS INC SUBTOTAL $41,233.00 Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 288.0, Data updated 7/30/2013 ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. Customer File: September 20, 2013 10:04:39 AM Page 3 Prepared By: Mark McMunn JOHN ELWAY CHEVY-- MIKE SHA 1313 MOTOR CITY DR COLO SPGS, CO 80905 Phone: (719)866-1134 Fax: (719)634-1058 Email: markm@mikeshawbuickgmc.com 2014 Fleet/Non-Retail Chevrolet Tahoe 4WD 4dr Commercial CK10706 WINDOW STICKER Advert/Adjustments $0.00 Destination Charge $995.00 TOTAL PRICE $42,228.00 Est City: 15.00 mpg Est Highway: 21.00 mpg Est Highway Cruising Range: 546.00 mi Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 288.0, Data updated 7/30/2013 ©Copyright 1986-2012 Chrome Data Solutions, LP.All rights reserved. Customer File: September 20, 2013 10:04:39 AM Page 4