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HomeMy WebLinkAboutbocc.con.034.202019-12-17 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 42253150.575500 Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Justin Duchscher County Representative Phone (970) 615-0719 Provide a brief description of the contract: Contract Value Summary: $ 237,009.30 $ - $ - $ 237,009.30 034.20 Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement No 2020 Fleet Service Truck MHC Kenworth $ - Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ - Outside Agency Goods, Equipment, Supplies 2/1/2020 9/30/2020 New Contract Fleet Contract to purchase a new fleet service truck. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount New Contract Total Rev. 2018-10-10 btf Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Procurement Cover Sheet and send the original signed contract with coversheet to Procurement office for archiving. OUTSIDE AGENCY BID MEMORANDUM TO: File FROM: Justin Duchscher, Fleet Shop Supervisor RE: 2020 Fleet Service Truck DATE: February 12, 2020 OUTSIDE AGENCY 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 #: 034.20 Budget Line Item #: 42253150.575500 Budget: N/A Description of Project: Contract to purchase a new fleet service truck for Pitkin County Fleet Department. Outside Agency Procurement process used (Describe briefly the governmental agency whose bid you are using and the terms and conditions of the resulting contract. Include a copy of the outside agency bid in your file.): Sourcewell contract #081716-KTC Contractor Contacted: MHC Kenworth _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date COUNTY MANAGER: ________________________________________________ !#COUNTY MANAGER#! Date Fleet Manager Feb-13-2020 Justin Duchscher Mar-01-2020 County Manager Jon Peacock Contract # 034.20 Revision: 2018-10-10 btf Budget Line Item # 42253150.575500 1 PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made February 12, 2020 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and MHC Kenworth, 750 23 1/2 Road, Grand Junction, CO 81505 (hereinafter called the “Vendor”) to perform the following work: 2020 Fleet Service Truck (“Project”). I.Goods Purchased. Vendor shall provide County with the following goods conforming to the stated description and any Technical Specifications attached to this contract as Attachment A – MHC Kenworth Build Specs & Sourcewell Contract II.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 Road, Aspen, CO 81611 Date: August 31, 2020 Time: EOD III.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. IV.Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V.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 zero dollars and zero cents ($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 delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. Contract # 034.20 Revision: 2018-10-10 btf Budget Line Item # 42253150.575500 2 VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have fourteen (14) 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. VII. Rejection of Goods. If goods are not delivered according to the specifications and descriptions of this contract, County may reject goods. 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. VIII. Warranty and 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 fo r a period of one (1) year 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. IX. 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 two hundred thirty-seven thousand and nine dollars and thirty cents ($237,009.30), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. X. 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. Contract # 034.20 Revision: 2018-10-10 btf Budget Line Item # 42253150.575500 3 XI. County’s Remedies Upon Default of 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. XII. Assignability. 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. XIII. 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. XIV. 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. XV. 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. XVI. 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 i s agreed to be exclusively in the courts of Pitkin County, Colorado. XVII. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVIII. 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, C.R.S. § 24-10-101, et seq., 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 which is caused by the negligence or other misconduct of the County or its agent or employees. XIX. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only Contract # 034.20 Revision: 2018-10-10 btf Budget Line Item # 42253150.575500 4 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. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Justin Duchscher 76 Service Center Road Aspen, CO 81611 Email: justin.duchscher@pitkincounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: MHC Kenworth 750 23 1/2 Road Grand Junction, CO 81505 Phone: (970) 242-2338 Email: jordan.bogue@MHCTruck.com Contract # 034.20 Revision: 2018-10-10 btf Budget Line Item # 42253150.575500 5 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. MHC KENWORTH ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date DIRECTOR APPROVAL: ________________________________________________ !#DIRECTOR#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Justin Duchscher Fleet Manager Feb-13-2020 Brian Pettet Feb-14-2020 Public Works Director Feb-18-2020 Luke Cole Branch Manager Mar-01-2020 Jon Peacock County Manager Certificate Of Completion Envelope Id: 3A179E5DC4074EEFA157A2BDF621D18B Status: Completed Subject: MHC Kenworth | Pitkin County Contract 034.20 for Review and Signature Source Envelope: Document Pages: 25 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Record Tracking Status: Original 2/13/2020 1:23:13 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Justin Duchscher justin.duchscher@pitkincounty.com Fleet Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 2/13/2020 1:28:55 PM Viewed: 2/13/2020 1:30:38 PM Signed: 2/13/2020 1:33:31 PM Electronic Record and Signature Disclosure: Accepted: 2/13/2020 1:30:38 PM ID: 04444598-a7e5-4777-b001-239dc0f3f599 Company Name: Pitkin County, Colorado Brian Pettet Brian.Pettet@PitkinCounty.com Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 2/13/2020 1:33:34 PM Viewed: 2/13/2020 1:38:10 PM Signed: 2/14/2020 12:45:39 PM Electronic Record and Signature Disclosure: Accepted: 2/13/2020 1:38:10 PM ID: b0a08030-af53-4f46-acda-1d8bd8eecc13 Company Name: Pitkin County, Colorado Luke Cole luke.cole@mhc.com Branch Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 216.58.236.4 Sent: 2/14/2020 12:45:42 PM Resent: 2/18/2020 10:27:07 AM Viewed: 2/18/2020 5:58:48 PM Signed: 2/18/2020 5:59:32 PM Electronic Record and Signature Disclosure: Accepted: 2/18/2020 5:58:48 PM ID: 6b3265cc-529f-42cc-9650-a540899de30f Company Name: Pitkin County, Colorado Signer Events Signature Timestamp Jon Peacock Jon.Peacock@PitkinCounty.com County Manager Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 75.71.107.170 Signed using mobile Sent: 2/18/2020 5:59:36 PM Viewed: 3/1/2020 9:01:14 AM Signed: 3/1/2020 9:02:05 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/1/2020 9:02:08 AM Resent: 3/1/2020 9:02:16 AM Viewed: 1/26/2021 1:42:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/1/2020 9:02:09 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Romany Iacono romany.iacono@pitkincounty.com SSA Pitkin County Security Level: Email, Account Authentication (None) Sent: 3/1/2020 9:02:11 AM Viewed: 3/2/2020 7:19:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/13/2020 1:28:55 PM Certified Delivered Security Checked 3/1/2020 9:01:14 AM Signing Complete Security Checked 3/1/2020 9:02:05 AM Completed Security Checked 3/1/2020 9:02:11 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign Account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 6/11/2019 12:14:06 PM Parties agreed to: Justin Duchscher, Brian Pettet, Luke Cole Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: susan.sullivan@pitkincounty.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . 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