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HomeMy WebLinkAboutbocc.con.147.21 7/13/2021 T K I N 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 147.21 Project Name Wagner OEM Parts Purchases for Repair& Maintenance Contractor Wagner Equipment, Co. 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 8/1/2021 Contract End Date_ 7/31/2022 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 $ 100,000.00 Previous Change Order/Amendment Amount $This Change order/Amendment amount $New Contract Total $ 100,000.00 Rev 2018-10-10 btf PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: August 11, 2021 FROM: Mariah Hurst, Fleet Parts Manager Proposed Contractor: Wagner Equipment, Co. Product/Service: Wagner Equipment OEM Parts for Repairs and Maintenance Estimate expenditure for the above Product/Service: $ 100,000.00 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: Wagner Equipment, LLC is one of the original equipment manufactures ("OEM") of Pitkin County's Fleet assets. Purchasing parts directly through Wagner Equipment, LLC ensures: that we are receiving the newest version of the required replacement part;that the replacement part is OEM (and not an "equivalent"); and that the original manufacturer's warranty is carried should any claims arise against the servicing of the vehicle or replacement parts themselves. Wagner Equipment, LLC has been providing parts to Pitkin County at agreed upon governmental discount prices 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 this original manufacturer to ensure the continued availability and continuity of warranty coverage for replacement parts. 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 'laridA, Rors Aug-23-2021 t 'UOkAYf Aug-23-2021 Mariah Hurst Date Rich Englehart Date Parts Manager Deputy County Manager County Manager Reason for Denial: PLIUS Alai c, Aug-24-2021 Phylis Mattice Date Assistant 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#147.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice TKII' COUNT - @ -)•(7-N_ - PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made August 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 Wagner Equipment, Co., 2322 I70 Frontage Road, Grand Junction, CO 81505 (hereinafter called the "Vendor") to perform the following work: Wagner Equipment, LLC 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 Original Equipment Manufacturer ("OEM") parts at the minimum agreed upon governmental pricing currently advertised and available at the time of sale order execution, carrying and continuing any and all manufacturer's warranties associated with making such repairs and/or scheduled maintenance 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. Date: The original term of this contract shall begin on August 1, 2021 and terminate on July 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's 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, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 1 Contract#147.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have Two (2)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. VI. 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. VII. 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 determined per the applicable OEM warranty period in each part order 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. VIII. Payment. Full payment shall occur upon acceptance of goods delivered in compliance with this contract and each individual parts order. It is expressly understood that the total sum paid from County to Vendor, for all orders placed under this contract, shall in no event exceed the sum of One Hundred Thousand dollars and Zero cents ($100,000.00) 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. 2 Contract#147.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice IX. 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. X. 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. XI. 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. XII. 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. XIII. 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. XIV. 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. XV. 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. XVI. 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. XVII. 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 3 Contract#147.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice is caused by the negligence or other misconduct of the County or its agent or employees. XVIII. 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. XIX. 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 Aspen, CO 81611 Aspen, Colorado 81611 Email: Mariah.Hurst@pitkincounty.com Email: Attorney@pitkincounty.com To Contractor: Carol Galvez Wagner Equipment, Co. 2322 I70 Frontage Road Grand Junction, CO 81505 Phone: (970) 244-9300 Email: Robert_VanGorder@wagnerequipment.com 4 Contract#147.21 Revision:2018-10-10 btf Budget Line Item#Varies by Department/Invoice 5 Contract#147.21 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. WAGNER EQUIPMENT, CO. P6Iu'1 VatA,Gorjty Aug-24-2021 Robert vanGorder Date Director, HR & Risk Management PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: ilitAii4, Roy Aug-23-2021 Mariah Hurst Date Parts Manager MANAGER APPROVAL: iquitiS l\A ut, Aug-24-2021 Phyl i s Matti ce Date Assistant County Manager 6 DocuSign Certificate Of Completion Envelope Id:54B7372CC2C24F6FACB59A8490F371AE Status:Completed Subject:Wagner Equipment I Pitkin County Contract 147.21 R1 for Review and Signature Source Envelope: Document Pages:9 Signatures:6 Envelope Originator: Certificate Pages:6 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:65.38.144.66 Record Tracking Status:Original Holder:Pitkin County Procurement Location: DocuSign 8/23/2021 10:07:04 AM Procurement@PitkinCounty.com Signer Events Signature Timestamp Mariah Hurst /�, �'_ I Sent:8/23/2021 10:09:40 AM mariah.hurst@pitkincounty.com 1l't4vtik first Viewed:8/23/2021 10:13:23 AM Parts Manager Signed:8/23/2021 10:15:04 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:8/23/2021 10:47:31 AM ID:d85d84ba-7742-4098-8fb2-ed196bd5581d Company Name:Pitkin County,Colorado Rich Englehart ,'.'I I Sent:8/23/2021 10:15:06 AM Rich.Englehart@PitkinCounty.com rick ft+6,` Viewed:8/23/2021 12:34:39 PM Deputy County Manager Signed:8/23/2021 12:34:53 PM Pitkin County Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:73.34.180.169 Electronic Record and Signature Disclosure: Not Offered via DocuSign Robert VanGorder Sent:8/23/2021 12:34:55 PM VanGorder_Bob@wagnerequipment.comblot UauGardt r Viewed:8/24/2021 8:45:55 AM Director, HR&Risk Management Signed:8/24/2021 8:46:51 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.233.230.42 Electronic Record and Signature Disclosure: Accepted:8/24/2021 8:45:55 AM ID:4705433e-edb0-4059-8494-e6aef01e7a9c Company Name:Pitkin County,Colorado Phylis Mattice Sent:8/24/2021 8:46:52 AM phylis.mattice@pitkincounty.com P u1Lis tufftu. Viewed:8/24/2021 9:43:44 AM Assistant County Manager Signed:8/24/2021 9:44:13 AM Signing Group:County Manager Group Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:24.9.202.118 Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted:8/24/2021 9:43:44 AM ID:c20b5c49-ad05-4700-a4db-ef6a0e284fe4 Company Name:Pitkin County,Colorado 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:8/24/2021 9:44:15 AM procurement@pitkincounty.com Resent:8/24/2021 9:44:20 AM Procurement Viewed:8/24/2021 10:03:33 AM Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable COPIED Sent:8/24/2021 9:44:16 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:8/24/2021 9:44:16 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 Carol Galvez Sent:8/24/2021 9:44:17 AM Galvez_Carol@wagnerequipment.com COPIED Viewed:8/24/2021 10:02:44 AM Customer Account Representative Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/11/2021 1:19:57 PM ID:f7dfd4d4-0380-48d7-92f2-1b295a4dfb67 Company Name:Pitkin County,Colorado Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/23/2021 10:09:40 AM Certified Delivered Security Checked 8/24/2021 9:43:44 AM Envelope Summary Events Status Timestamps Signing Complete Security Checked 8/24/2021 9:44:13 AM Completed Security Checked 8/24/2021 9:44:17 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,Robert VanGorder,Phylis Mattice,Carol Galvez 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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