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HomeMy WebLinkAboutbocc.con.224.21 iTKIN Pitkin County Procurement Cover Sheet COUNT Q/D.CV 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 224.21 Project Name Aspen/Snowmass Nordic Operations PistenBully Purchase Contractor Kassbohrer All Terrain Vehicles, Inc. Budget Line Item 11836360.581500.10070 $ 256,576.00 $Additional Budget Line $ _ Item(s) $ _ (Please fully allocate New Contract Total) $ 256,576.00 Procurement Method: Sole Source Type: Goods, Equipment, Supplies Contract Start Date 10/8/2021 Contract End Date 3/31/2022 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 Open Space &Trails County Representative Gary Tennenbaum County Representative (970) 920-5355 Phone Provide a brief description of the Contract or Change Order: Purchase of PistenBully grooming vehicle for the Aspen/Snowmass Nordic program. Contract Value Summary: Original Contract Amount $ 256,576.00 Previous Change Order/Amendment Amount $This Change order/Amendment amount $Contract Total $ 256,576.00 Rev 2018-10-10 btf PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: October 8, 2021 FROM: Gary Tennenbaum, Director Open Space and Trails Proposed Contractor: Kassbohrer All Terrain Vehicles, Inc Product/Service: Aspen/Snowmass Nordic Operations PistenBully Purchase Estimate expenditure for the above Product/Service: $ 256,576.00 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: The Aspen/Snowmass Nordic program uses the PistenBully grooming vehicles to groom Nordic trail system. The Nordic program has several PistenBully Nordic vehicles and it is cost effective to maintain grooming equipment from the same manufacturer for both the maintenance and the eventual trade-in value. Purchase of the down-valley Snowcat has been included in the 2022 budget. PistenBully 100 2.8M Nordic $256,000.00 2.8M Kombi Tracks $0.00 2.8M All way blade $0.00 2.8M Tiller w/Dual Tracksetter $0.00 Spotlight $576.00 Freight $0.00 Total $256,576.00 *The prices do not include the sales tax or freight. 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 A(1 1UA,A.t.lAl1,/ Nov-03-2021 pL 1US Gt, Nov-03-2021 Gary Tennenbaum Date Phyl i s Mattice Date Pitkin County Open Space and Trails Director Assistant County Manager County Manager Reason for Denial: K fivitkavf Nov-22-2021 Rich Engl ehart Date Deputy 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#224.21 Revision:2018-10-10 btf Budget Line Item#11836360.581500.10070 iTKIN COUNT PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made October 8, 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 Kassbohrer All Terrain Vehicles, Inc., 783 Valley Court, Grand Junction, CO 81507 (hereinafter called the "Vendor") to perform the following work: PistenBully Nordic Snowcat Purchase ("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: PistenBully 100 2.8M Nordic $256,000.00 2.8M Kombi Tracks $0.00 2.8M All way blade $0.00 2.8M Tiller w/Dual Tracksetter$0.00 Spotlight $576.00 Freight $0.00 Total: $256,576.00 *The prices do not include the sales tax or freight. 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: City of Aspen Parks Department 585 Cemetery Lane Aspen, CO 81611 Contact: Chris Petersen 970-920-5120 Date: Carly 20 Time: 1/00 P 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#224.21 Revision:2018-10-10 btf Budget Line Item#11836360.581500.10070 IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V. Liquidated Damages. N/A. VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have the City of Aspen Parks Department inspect the goods at the time of delivery. 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. Vendor shall have thirty (30) 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. 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 one (1) year or within one thousand (1,000) hours of use, whichever comes first and for the new equipment within ninety (90) days from the date of purchase or date of first use by the County whichever comes first 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 Fifty-Six Thousand 2 Contract#224.21 Revision:2018-10-10 btf Budget Line Item#11836360.581500.10070 Five Hundred Seventy-Six dollars and Zero cents ($256,576.00), 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. 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 3 Contract#224.21 Revision:2018-10-10 btf Budget Line Item#11836360.581500.10070 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: Gary Tennenbaum, OST Director Pitkin County Attorney's Office 530 E Main Street 530 E. Main St., Suite #301 Aspen, CO 81611 Aspen, Colorado 81611 Email: gary.tennenbaum@pitkincounty.com Email: Attorney@pitkincounty.com To Contractor: Kassbohrer All Terrain Vehicles, Inc. 783 Valley Court Grand Junction, CO 81507 Phone: (970) 245-9331 Email: kmoudy@pistenbully.com 4 Contract#224.21 Revision:2018-10-10 btf Budget Line Item#11836360.581500.10070 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. KASSBOHRER ALL TERRAIN Vehicles, Inc. 5t.A.t t Ail-6db? Nov-19-2021 Kevin Moudy Date Regional Sales/Operations Manager PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: t a4"t Ibiutt. Aige.Wt Nov-03-2021 Gary Tennenbaum Date Pitkin County Open Space and Trails Director MANAGER APPROVAL: Kat, fliuMArt Nov-22-2021 Rich Englehart Date Deputy County Manager 5 QKASSBOHRER ALL TERRAIN VEHICLES, INC. 783 Valley Court • Grand Junction. CO 81507 Tel. 970.245.9331 • Fax 970.245.3362 www.plsten bu I lyusa.com "kaleriWrakidly W X04 0/ 7b S o sat October 1, 2021 Chris Petersen City of Aspen I have listed the prices below for the vehicle that we were talking about. The prices listed below are this year's prices. 1. PistenBully 100 2.8M Nordic $256,000.00 2.8M Kombi Tracks $0.00 2.8M All way blade $0.00 2.8M Tiller w/Dual Tracksetter $0.00 Spotlight $576.00 Freight $0.00 Total $256,576.00 The prices do not include the sales tax or freight. Please let me know if you should have any questions on any of these items that I have listed. Thank you for the opportunity for doing business with us. Look forward to hearing back from you soon. Quote is valid for 30 days. Best Regards, Adam Tietz Regional Sales Representative Kassbohrer All Terrain Vehicles, Inc. DocuSign Certificate Of Completion Envelope Id: DF09AE517C434B74B65FACB42864A001 Status:Completed Subject: Kassbohrer All Terrain Vehicles, Inc. I Pitkin County Contract 224.21 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:75.110.134.54 Record Tracking Status:Original Holder:Pitkin County Procurement Location: DocuSign 11/3/2021 11:12:51 AM Procurement@PitkinCounty.com Signer Events Signature Timestamp Gary Tennenbaum Sent: 11/3/2021 11:19:21 AM f gary.tennenbaum@pitkincounty.com Gavr1 1 Viewed: 11/3/2021 12:01:40 PM Pitkin County Open Space and Trails Director Signed: 11/3/2021 12:01:53 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:65.38.144.66 Electronic Record and Signature Disclosure: Accepted: 11/3/2021 12:36:17 PM ID:780b9f56-35d1-4d0f-be20-87bf658588b5 Company Name:Pitkin County,Colorado Gary Tennenbaum Sent: 11/3/2021 12:01:55 PM gary.tennenbaum@pitkincounty.com 1a% 1 h Viewed: 11/3/2021 12:36:17 PM Pitkin County Open Space and Trails Director Signed: 11/3/2021 12:36:26 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:65.38.144.66 Electronic Record and Signature Disclosure: Accepted: 11/3/2021 12:36:17 PM ID:780b9f56-35d1-4d0f-be20-87bf658588b5 Company Name:Pitkin County,Colorado Phylis Mattice Sent: 11/3/2021 12:36:27 PM Phylis.Mattice@PitkinCounty.com PL.1LiS haftiGt, Viewed: 11/3/2021 1:01:16 PM Assistant County Manager Signed: 11/3/2021 1:01:53 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:24.9.202.118 Electronic Record and Signature Disclosure: Accepted: 11/19/2021 4:18:32 PM ID:8a502afd-c350-46df-8321-25a099cc90ac Company Name:Pitkin County,Colorado Kevin Moudy Sent: 11/3/2021 12:36:28 PM kmoudy@pistenbullyusa.com twin I�LbU Resent: 11/19/2021 11:40:45 AM Regional Sales/Operations Manager Viewed: 11/19/2021 1:29:19 PM Security Level: Email,Account Authentication Signed: 11/19/2021 1:39:37 PM (None) Signature Adoption: Pre-selected Style Using IP Address:208.87.235.180 Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 11/19/2021 1:29:19 PM ID:c914738c-14a6-4d5a-a4eb-dc809a967e57 Company Name:Pitkin County,Colorado Rich Englehart ,'.'uI I Sent: 11/19/2021 1:39:40 PM Rich.Englehart@PitkinCounty.com K tlivi ""� Resent: 11/22/2021 3:59:46 PM Deputy County Manager Resent: 11/22/2021 4:03:08 PM Pitkin County Viewed: 11/22/2021 4:30:45 PM Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication Signed: 11/22/2021 4:31:04 PM (None) Using IP Address:73.34.180.169 Electronic Record and Signature Disclosure: Accepted: 11/19/2021 4:18:32 PM ID:8a502afd-c350-46df-8321-25a099cc90ac 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: 11/22/2021 4:31:06 PM procurement@pitkincounty.com Resent: 11/22/2021 4:31:13 PM Procurement Viewed: 11/23/2021 9:05:02 AM Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable COPIED Sent: 11/22/2021 4:31:07 PM AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kim Arensdorf COPIED Sent: 11/22/2021 4:31:08 PM kim.arensdorf@pitkincounty.com Administrative Specialist Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:3/8/2021 10:38:46 AM ID:9c2a70e9-b5cf-42a9-a3ca-11347aeefa13 Company Name:Pitkin County,Colorado Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/3/2021 11:19:21 AM Certified Delivered Security Checked 11/22/2021 4:30:45 PM Signing Complete Security Checked 11/22/2021 4:31:04 PM Completed Security Checked 11/22/2021 4:31:08 PM 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:Gary Tennenbaum,Gary Tennenbaum,Phylis Mattice,Kevin Moudy, Rich Englehart, Kim Arensdorf 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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