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HomeMy WebLinkAboutbocc.con.121.21 2019-12-17 CDD tiKIN Pitkin County Procurement Cover Sheet COUNT — 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 Contract Information Contract Number 121.21 Project Name ,MHC Kenworth OEM Parts Purchases for Repair& Maintenance Contractor MHC Kenworth Budget Line Item Varies by Departmental Need/Invoice $ $Additional Budget Line $ _ Item(s) $ _ (Please fully allocate New Contract Total) Procurement Method: Sole Source Type: Goods, Equipment, Supplies Contract Start Date 6/1/2021 Contract End Date 5/31/2022 Contract Type New Contract Retainage No If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department Fleet County Representative Mariah Hurst County Representative (970) 309-9414 Phone Provide a brief description of the contract: NTE Contract for purchase(s) of OEM parts for County assets. Contract Value Summary: Original Contract Amount $ 75,000.00 Previous Change Order/Amendment Amount $This Change order/Amendment amount $New Contract Total $ 75,000.00 Rev 2018-10-10 btf PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: June 1, 2021 FROM: Mariah Hurst, Fleet Parts Manager Proposed Contractor: MHC Kenworth Product/Service: MHC Kenworth OEM Parts for Repairs and Maintenance Estimate expenditure for the above Product/Service: $ 75,000.00 This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: MHC Kenworth is the OEM manufacturer of many of Pitkin County's Fleet assets. Purchasing parts directly through MHC Kenworth provides that we are receiving the newest revision of the part, that the part is OEM - and not an "equivalent", and carries the original manufacturers warranty should any claims arise against the servicing of the vehicle or the replacement parts themselves. MHC Kenworth has been providing parts to Pitkin County at agreed upon government discount pricing for as long as we have owned their equipment and had the need for repair/replacement parts. It is in the County's best interest to continue sourcing parts directly from the original manufacturer to ensure parts availability and continuity of warranty coverage. Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. 1 Rev 2018-10-10 btf The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Head Section Head litario c horst Jun-17-2021 rick Jun-25-2021 Mariah Hurst Date Rich Englehart Date Parts Manager Deputy County Manager County Manager Reason for Denial: Jun-28-2021 Jon Peacock Date County Manager Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. 2 Contract#121.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice iTKIN COUNT PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made June 1, 2021 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, 752 23 1/2 Road, Grand Junction, CO 81505 (hereinafter called the "Vendor") to perform the following work: MHC Kenworth OEM Parts Purchases for Repair& Maintenance ("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: Vendor shall provide to County OEM replacement parts at the minimum agreed upon governmental pricing currently advertised and available at the time of sale order execution, carrying and perpetuating any and all manufacturer's warranties associated with the use of making such repairs and/or scheduled maintenance contributions to vehicles or equipment currently covered under manufacturer's original or extended warranty period. 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: Pitkin County Fleet - 277 Service Center Road, Aspen, CO - by default Term: The original term of this parts agreement shall begin on June 1,2021 and terminate on April 31, 2022. Upon mutual, signed agreement, the term of this contract may be extended for Five (5) additional terms of One (1) year, dependent on County Representative discretion and budgetary allocation. Time: Parts will be received no later than - as of the date for delivery provided per each individual parts order. 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, 1 Contract#121.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice 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(agreed upon on a per sales order basis) 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. VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have two weeks 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 for a period of (per OEM manufacturers warranty period on a per-part and per-sales order basis) 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 2 Contract#121.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice 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 each individual sales order. It is expressly understood that the total sum paid from County to Vendor,for all orders placed under the defined term, shall in no event exceed the sum of Seventy-Five Thousand dollars and Zero cents($75,000.00)unless a change order is entered and signed by both parties, 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. 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 is agreed to be exclusively in the courts of Pitkin County, Colorado. 3 Contract#121.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice 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 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: with copies to: Mariah Hurst Pitkin County Attorney's Office 277 Service Center Road 530 E. Main St., Suite#301 4 Contract#121.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice Aspen, CO 81611 Aspen, Colorado 81611 Email: Mariah.Hurst@PitkinCounty.com Email: Attorney@pitkincounty.com To Contractor: MHC Kenworth 752 23 1/2 Road Grand Junction, CO 81505 Phone: (970) 242-2338 Email: Luke.Cole@mhc.com 5 Contract#121.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. MHC KENWORTH a. fjgi((L Jun-25-2021 Berta Bayl i e Date BB PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: litavidt, horst Jun-17-2021 Mari ah Hurst Date Parts Manager MANAGER APPROVAL: Jun-28-2021 Jon Peacock Date County Manager 6 DocuSign Certificate Of Completion Envelope Id:96D623AB72F54DE89635E36A821AEF4F Status:Completed Subject: MHC Kenworth I Pitkin County Contract 121.21 R1 for Review and Signature Source Envelope: Document Pages:9 Signatures:6 Envelope Originator: Certificate Pages:5 Initials:0 Pitkin County Procurement AutoNav: Enabled 530 East Main Street Envelopeld Stamping: Disabled Suite 203 Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611 Procurement@PitkinCounty.com IP Address: 107.77.196.19 Record Tracking Status:Original Holder:Pitkin County Procurement Location: DocuSign 6/16/2021 3:53:35 PM Procurement@PitkinCounty.com Signer Events Signature Timestamp Mariah Hurst /�, �'_ I Sent:6/16/2021 3:56:15 PM mariah.hurst@pitkincounty.com 1l't.AYIak first Viewed:6/17/2021 6:09:26 AM Parts Manager Signed:6/17/2021 6:09:55 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:65.38.144.66 Electronic Record and Signature Disclosure: Accepted:7/7/2021 5:58:40 AM ID:e61c6b37-13dd-4ec7-a953-80c61398d33b Company Name:Pitkin County,Colorado Rich Englehart ,'.'I I"'` Sent:6/17/2021 6:09:57 AM Rich.Englehart@PitkinCounty.com rick ft4td Viewed:6/25/2021 6:57:44 AM Deputy County Manager Signed:6/25/2021 6:58:02 AM Pitkin County Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:73.34.180.169 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Berta Baylie Sent:6/25/2021 6:58:06 AM berta.baylie@mhc.com bufbt f i1Ltt, Viewed:6/25/2021 10:00:06 AM BB Signed:6/25/2021 10:01:35 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:216.58.236.4 Electronic Record and Signature Disclosure: Accepted:6/25/2021 10:00:06 AM ID:07f48c3a-a96f-492e-9632-1976c510838a Company Name:Pitkin County,Colorado Jon Peacock Sent:6/25/2021 10:01:38 AM Jon.Peacock@PitkinCounty.com Viewed:6/28/2021 11:58:26 AM County Manager Signed:6/28/2021 11:59:04 AM Pitkin County Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address:75.71.107.170 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 COPIED Sent:6/28/2021 11:59:07 AM procurement@pitkincounty.com Resent:6/28/2021 11:59:17 AM Procurement Viewed:7/7/2021 9:49:07 AM Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable COPIED Sent:6/28/2021 11:59:10 AM AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Romany Iacono COPIED Sent:6/28/2021 11:59:13 AM romany.iacono@pitkincounty.com PW/LM Manager Pitkin County Security Level: Email,Account Authentication (None) 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 6/16/2021 3:56:15 PM Certified Delivered Security Checked 6/28/2021 11:58:26 AM Signing Complete Security Checked 6/28/2021 11:59:04 AM Completed Security Checked 6/28/2021 11:59:13 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM Parties agreed to:Mariah Hurst,Berta Baylie ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide you with certain written notices or disclosures. 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