HomeMy WebLinkAboutbocc.con.069.2016 7.2()15 kjnn
Pitkin County
rout ' li Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help n,pitkincounty.com). Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 069.2016
Project Name Toyota Tacoma Trucks
Contractor Wagner Equipment Co
Budget Line Item X2=416.68.00952.86650,x1=110.03.00952.86650
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date Click here to enter a date. i /L¢- b.°
Contract End Date Click here to enter a date. S/i I a-oi
Automatic Renewal Yes ❑ No El
If Construction: Retainage Click here to enter text.
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Fleet
Project Manager Jonah Frank Project Manager 5393
Phone
Provide a brief description of the contract:
3 Toyota Tacoma Trucks, 2 for Translator and 1 of Open Space
Contract Value Summary:
Contract Amount $106,969.21
This Change order/Amendment amount(if applicable)
New Contract Total
Procurement Method:
None ❑ Informal❑ Formal ❑X Sole Source El Emergency❑ Contract Renewal ❑X
Contract Type:
Services/Maintenance El Construction ❑ Goods,Equipment, Supplies El
Change Order/Amendment ❑ Other, please explain El Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Original Contract#051-2015 1/4/16
Budget Line Item #416.68.00952.86650, 110.03.00952.86650
4,
, 14,1, i,,, IN
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--- -.,,u.. czy- `` e--- „ ,<_—..
Date 1/4/16
Ken McGraw
Bighorn Toyota
130 Center Dr.
Glenwood Springs, CO 81601
RE: Toyota Tacoma Pick-up trucks
New Renewal Contract# 069.2016
Pitkin County has elected to renew the Toyota Tacoma Pick-up trucks Good Contract with
Big Horn Toyota, which is set to expire on 1St of 2016. Per the terms of the contract it
states that"At the expiration of the initial term, the contract may be extended for an
additional term of three, 3 additional_one 1-year terms by the express written consent of
both parties."
If the renewal of this contract is agreeable to Big Horn Toyota, please sign this letter in
the space provided below and return it, along with a current copy if your certificate of
insurance, naming Pitkin County has additionally insured on the Certificate as required.
Pitkin County hereby authorized the renewal of Contract# 051-2015 with
Big Horn Toyota, for a period of 1-year from contract expiration date; new expiration
date is now 1/4/16.
Any changes in rates thereafter will be by an addendum.
By lit- Date: LI
Fly et M. ager
By / Vit,`C..t Date I t y \ It
re 'er
Contract#069.2016 1/4/16
Budget Line Item#416.68.00952.86650, 110.03.00952.86650
SIN
ko
CONTRACT
FOR THE PURCHASE OF GOODS
3 Toyota Tacoma Pick-up trucks
THIS CONTRACT is made and entered into this 4th day of January, 2016 , by and
between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor,
Aspen, Colorado 81611 (hereinafter"County") and Bighorn Toyota, (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:
3 Toyota Tacoma pickups per attached documents, and per contract extension of
Pitkin County# 051-2015
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: 76 Service center Rd. Aspen, CO 81611
Date: April 1st, 2016
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 anu 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$50.00 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 delay and that they genuinely intend to liquidate such damages. Any such
damages are to be deducted from purchase price.
1
Contract#069.2016 1/4/16
Budget Line Item#003.77.00952.86650, 118.57.00952.86650
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.
7. REJECTION OF GOODS. If goods are not delivered according to the
specifications and descriptions of this contract, County may reject goods. Vendor shall
have 21 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 mile warranty 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 $106,969.21 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#069.2016 1/4/16
Budget Line Item#003.77.00952.86650, 118.57.00952.86650
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
Vendor by the County for any injury to any person or any property damage whatsoever
3
Contract#069.2016 1/4/16
Budget Line Item#003.77.00952.86650, 118.57.00952.86650
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
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
Fax: 970-429-1858 Fax: (970) 920-5198
B. To Vendor:
Ken McGraw
Bighorn Toyota
130 Center Dr.
Glenwood Springs, CO 81601
Fax: 970-945-8898
4
Contract#069.2016 1/4/16
Budget Line Item#003.77.00952.86650, 118.57.00952.86650
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
VENDOR: BOARD OF COUNTY COMMISSIONERS OF
L.I Q, PITKIN COUNTY COLORADO
By: lam.�``�(tntnf \`�I 14 By: 1620/j
Name/Company Date C•unty anager Date
By: aft& 1 l l�' By:APPA)
ifree Dale ZYrMn Leader to
5
. • •• . .. . . ellp, .
BIGHORN TOYOTA
Colorado Ski;Country .
• . 130 Center Drive:• Glenwood Springs CO .•_ [970).945-6544' ••'Fax (970)945-8898 • wuvw.bighorntoyota.coni
MOTOR VEHICLE PURCHASE ORDER AND INVOICE
Purchaser(s) •
:Dile In Name(s) ._ - .. Street Address - - - - County
Buyer t Iii V.
,n .. jt�\,ki\`�
Buyer2 - - I Cary - - :State -
Mailing Address - .. Ciry c -:r _. State Zip -
Home Phone Number - •Other Phone Number-- - I(we)the undersigned Purchasers hereby agree to purchase horn dealer,subject to • -
the terms and conditions contained herein: - -
•. 53 �-� 843
Vehicle Being Traded Vehicle Being Purchased/Leased ..
-
. NewO sed 0 Purchase 0 Lease
wrl
. Year ` Make . . . Model ,(� .. [Body .. .
- Payoff: Balance Good.Until ._ Per Diem act it/ ( 'C°•�W�\: ..1-4..- tAc- k
_ - -
Model a -`yV►�' -Stock It VehlGe
:Owing to; •.1.`_ ✓`• .
:ExtenorCofOj � _ �� IJ
1 hereby authorize.BtgBighornToyota,Inc.to sell my hada. . .. - .. .. _ _- _ _ •. --< -
-. - 'All used Vehicles Sold°As Ia'.Unless Otherwise Indicated ' ' - - - ' .
X
: Mileage on.deliver of purchased vehicle • - • .•
If balance.owned on trade payoff exceeds the amount on this purchase order-Buyer
x . .
agrees lo,Pay the excess: , - -- -
EQUIPMENT PRICE •
..
Trade-in Miles - _ _ --- .
: •
.. - DISCLAIMER OF WARRANTIES -. .E E. Q C °. d'--...
THERE ARE NO WARRANTIES,EXPRESS OR IMPLIED,MADE BY THE SELLER OF- iG� �{"
THE MOTOR VEHICLE DESCRIBED ON.THE FACE OF,THIS ORDER:THE DEALER. T - - - . . . ' '
EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, - - - .
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FORA •,5� _ 0`. (-..�5
PARTICULAR PURPOSE,AND NEITHER ASSUMES NOR'AUTHORIZES'ANY OTHER ( —JT -Jr... PERSON,Trr,:, .r .._;-5,fy._.,,,,r wa•2.+ Y .• ,.m u.T •. S OF �'( �����}�..[ ._. . . .
. ;THIS MOTO, n•' 1lv t ,. - ' - -
IN THE
WARRA E'-� , 'C�"�.=''C-q3.3' t� -� k .ICLE' 1 0 0:. Q W1 SC.I_)RZ. . . .
- WARR ° , . • ° !LICA.: y0 111•
BLE TO Sti e," - ° — ANTY' TO t;.(,A/ , I yA(e`J _—
' BY THE DE' • _ ' OF VEHICLE PRICE -
MERCHAN . - ° 'LICA-,
MINED�SO r ° a ° ACCESSORIES - '
WHEN TH SED'. _
VEHICLE,S ° ANY` SUBTOTAL �� IS -
WARRANTY" a TIES
FROM-THE . E •GE. �:
EXCEPT ASi R. ALLOWANCE-TRADE IN i -
ING FURNI,- ° , _,ON . •... .- - ? . •
._. .. - ..
THE Bl1YER - _ •ACT TRADE DIFFERENCE •
-
INFORMATIi • ° ° ...
.; VISIONS IN i. ° - ..
• ° ° ° ° oassie um wwouvo REPRESENTSDEUVEAY&HANDLING
° ° ° . ° crit&'u.n,Aoomoxr�PROFIT To THE $199.
'I hereby r ' ° ows SUB,TOTAL / q
(1)that this ° . rn- • _3G 'I 1 .
-plete andel, • ler.'STATE - %COUNTY %CITY
relating to.. - :....,, -.- a axe'- TAX ' TAX TAX
' cuted by me in conjunction with this purchase;and with respect thereto,can- _
cels and supersedes any and all'prior agreements or understandings between rrR.AcReEsro PAY ANYRroERrNCE.LUXURY TAX 9' '
the Dealer and me; (3)that this Order is not valid until accepted by Dealer or NaaP.r�aEnx . . -
his authorized representative. If the purchase is to be financed,this Order is SUB TOTAL
not valid until approved by a bank or finance company willing to purchase or is
enter into a note or other consumer paper and security agreement With me as 'VEHICLE SERVICE AGREEMENT .
part of this purchase: (4)that I hereby acknowledge receipt of a fully filled out
and completed copy of this Order,'(5)that upon delivery of the vehicle,this SUB TOTAL
Order shall be deemed to constitute a bill of sale for the vehicle- '
REVERSE SIDE . . TRADE PAYOFF
•
This order consists of front and reverse of this page. See the reverse side - - '
for additional terms and conditions-which are part of this Order and what TOTAL
Purchaser acknowledges having read anti received..
DOWN-PAYMENT - -
ADDITIONAL CASH DOWN DUE:
Buyer2 / - . . . . .. _.
BALANCE IN ONE(1)PAYMENT OF - -
Repfese aO a PAYMENT DUE DATE
Dale etson c - - ..
its,
BIGHORN /TOYOTA
Colorado Ski Country
130 Center Drive • Glenwood Springs, CO • (970)945-6544 • Fax: (970)945-8898 • www.bighorntoyota.com
MOTOR VEHICLE PURCHASE ORDER AND INVOICE
' Purchaser(s) . . •
Street,Address County
IMME1111.11
Buyer'2 _IM .. _ _ City - .. State
Mailing Address City - State Zip -
Home Phone Number Other Phone Number - I(we)the undersigned Purchaser(s),hereby agree to purchase from dealer,subject to
�q a� P the terms and conditions contained herein:
-Vehicle Being Traded Vehicle Being Purchased/ Leased
iiiiMake _
Ew 0 Used O Purchase O Lease
PNMI. -(51 Ix
ayoff Balance " �Per Diem -y t.1 ', Q'c'(,tn _ _
J� Stock# ' +'Ordered Vehicle
Owing to •, - ®Phone#
Exterior Color Color Code
• Date and Time Ou...by "v`''K ®• \ )/i j!t
Vin
I hereby authorize Bighorn Toyota,Inc.to sell my trade_ - - - -
All used Vehicles Sold"As Is'Unless Otherwise Indicated. -
X_
x - _ -
Mileageondeliverofpurchasedvehicle - --" -- - - -
If balance owned on trade payoff exceeds the amount on this purchase order-Buyer agrees to pay the excess.
X - 'EQUIPMENT• • a x PRI'CE
Trade-in Miles - -
DISCLAIMER OF WARRANTIES e l 0 c_ L --z__
THERE ARE NO WARRANTIES,EXPRESS OR IMPLIED,MADE BY THE SELLER OF . - -
THE MOTOR VEHICLE DESCRIBED ON THE FACE OF THIS ORDER.THE DEALER 1 P. V AA,..
EXPRESSLY DISCLAIMS ALL WARRANTIES,.EITHER ,-„_ rr s. IMPLIED; ' -
'pAATICU l . ° OTHEfl
PERSON( . ° ° a ALE OF
THIS MOI ° Vis ° :/k S .
INTHE � ?' j -MANU.. .- ::.: - _. - -.
FACTUR= ICLE
WARRAN : . ° ,°' n°" 4. o- ` ICLE -
- ..
WAR-• •PLICA-
BLE TO S a ,:° RANTY
BY THE D ° NTY OF VEHICLE PRICE
MERCH• ,:. ° ;" °° A PPLICA-- -
BILITY 0 . ° , DETER- - - -
MINED e ® t ACCESSORIES. �..
WHEN `A USED ..
VEHICLE, A :'•.OF ANY `" SUB TOTAL
WARRANT, •MTES
FROM THI° '' !ILEAGE -- - - - - - -
EXCEPT•i ° WRIT- ALLOWANCE-TRADE IN
ING FUR +EE ON
THE BUY ° -ACT TRADE DIFFERENCE
INFORMA' ° Y PRO-
VISIONSt .° ,,., .,
°° ° '," came,.AND HANDLING pEps_nENrx DELIVERY&HANDLING
COSTS AND ADDmONAL PROFIT TO TOE - $199
I hereb (Mows' SUBTOTAL
(1)that lilt' 4- R .....r.„ "'-%"u y'r o .r i sb i the"corn- 3 5 I al--
plate and exclusive statement of the terms of my agreement with the Dealer STATE %COUNTY %CITY
relating to the subject matter of this order,except for any consumer paper exe- TAX TAX TAX
cuted by me in conjunction with this purchase,and with respect thereto,can-
cels and supersedes any and all prior agreements or understandings between
an-celsandsupersedesanyandallprioragreementsorunderstandingsbetween w,,,,;RIC IET,°PAYANYrwnnwnrE LUXURY TAX
the Dealer and me; (3)that this Order is not valid until accepted by Dealer or
his authorized representative- If the purchase is to be financed,this Order is SUB TOTAL
not valid until approved by a bank or finance company willing to purchase or x"
enter into a note or other consumer paper and security agreement with me as VEHICLE SERVICE AGREEMENT
part of this purchase; (4)that I hereby acknowledge receipt of a fully filled out
" and completed copy of this Order; (5)that upon delivery of the vehicle,this SUB TOTAL
Order shall be deemed to constitute a bill of sale for the vehicle.
REVERSE SIDE TRADE PAYOFF
This order consists of front and reverse of this page. See the reverse side
for additional terms and conditions which are part of this Order and what TOTAL
Purchaser acknowledges having read and received.
DOWN PAYMENT
Buyer t
.-- ADDITIONAL CASH DOWN DUE: - - -
Buyer 2 •
�� "BALANCE IN ONE(1)PAYMENT OF S°r
Accepted by - - - - - - [
!'
A . / Home': Representa:1wv - PAYMENT DUE DATE
S1 /
Date��� /],1J_i _Sales _rmo - '
V" ,