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HomeMy WebLinkAboutC22-009 Davey CoachAGREEMENT FOR EQUIPMENT AND/OR MATERIALS BETWEEN EAGLE COUNTY, COLORADO AND DAVEY COACH SALES INC THIS AGREEMENT (“Agreement”) is effective as of the _________________________by and between Davey Coach Sales Inc, a Colorado Corporation (hereinafter “Vendor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to purchase a quantity of two (2) ADA Accessible, Low Floor, Body on Chassis buses and WHEREAS, Vendor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment and/or materials as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Vendor and County in connection with the procurement of equipment and/or materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Vendor and County agree as follows: 1. Equipment. Vendor agrees to procure two (2) ADA Accessible, Low Floor, Body on Chassis buses (collectively the “Equipment”) equipped as described in Exhibit A which is attached hereto and incorporated herein by reference. The Equipment shall be provided in accordance with the provisions and conditions of this Agreement. a. Vendor agrees to furnish the Equipment no later than May 31st, 2022 and in accordance with the schedule established in Exhibit A. By signing below, Vendor represents that it has the expertise and personnel necessary to properly and timely provide the Equipment. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Vendor shall upon County’s request and at no charge to County: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. County’s Representative. The ECO Transit Department’s designee shall be Vendor’s contact with respect to this Agreement. DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 1/11/2022 2 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 10 hereof, shall continue in full force and effect through the 31st day of December, 2022. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional Equipment shall be provided by Vendor unless and until Vendor has obtained written authorization and acknowledgement by County for such additional equipment in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Equipment, and no claim that County has been unjustly enriched by any Equipment, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional equipment is not timely executed and issued in strict accordance with this Agreement, Vendor’s rights with respect to such additional equipment shall be deemed waived and such failure shall result in non-payment for such additional equipment. 5. Compensation. County shall compensate Vendor for the Equipment in a sum computed and payable as set forth in Exhibit A. The Equipment under this Agreement shall not exceed $300,646.56. a. Payment will be made for Equipment satisfactorily delivered and accepted by County within thirty (30) days of receipt of a proper and accurate invoice from Vendor. All invoices shall include detail regarding the Equipment and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Vendor was improper because the Equipment for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Vendor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Insurance. Vendor agrees to provide and maintain at Vendor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 3 ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iii. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. iv. Vendor is not entitled to workers’ compensation benefits except as provided by the Vendor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Vendor or some other entity. The Vendor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 7. Indemnification. The Vendor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any of its subcontractors hereunder; and Vendor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Vendor. This paragraph shall survive expiration or termination hereof. 8. Documents. Vendor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Vendor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 4 COUNTY: Eagle County, Colorado Attention: Jared Barnes 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 Telephone: 970-328-3528 E-mail: Jared.Barnes@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us VENDOR: Davey Coach Sales Inc. Attention: Comer Hobbs 7182 Reynolds Drive Sedalia, CO 80135 Tel: 303-683-9500 Fax: 303-683-6008 Cell: 720-539-9455 E-mail: comerh@daveycoach.com 10. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Vendor. Upon termination of this Agreement, Vendor shall immediately provide County with all documents as defined in paragraph 8 hereof, in such format as County shall direct and shall return all County owned materials and documents in the possession of Vendor, if any. County shall pay Vendor for Equipment satisfactorily inspected and accepted to the date of termination. 11. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 12. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 5 13. Other Contract Requirements and Vendor Representations. a. Vendor has familiarized itself with the intended purpose and use of the Equipment to be provided hereunder, the intended use of such Equipment by County, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or Equipment. b. Vendor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. c. The fact that the County has accepted or approved the Equipment shall not relieve Vendor of any of its responsibilities. Vendor represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Vendor shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Vendor will provide the Equipment in a skillful, professional and competent manner and in accordance with the standard of care applicable to vendors supplying similar equipment. d. Vendor warrants merchantability and fitness of the Equipment for its intended use and purpose. e. Vendor hereby represents and warrants that the Equipment will be new and guarantees all Equipment against defects for a period of one (1) year from the date the Equipment is accepted by County, or such longer period as may be provided by the law or as otherwise agreed to by the parties. f. All guarantees and warranties of Equipment furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one (1) year, then Vendor’s guarantee or warrantee shall extend for a like period as to such Equipment. g. Vendor warrants that title to all Equipment shall pass to County either by incorporation into the County facility or upon receipt by Vendor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Vendor further warrants that Vendor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Vendor assumes all risk of loss with respect to the Equipment until County has inspected and approved the same. h. Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County, and without interruption to County: i. Any defects in Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. i. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Vendor in law or in equity. j. Vendor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 6 k. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Vendor except that of independent Vendor. Vendor shall have no authority to bind County. l. Vendor represents and warrants that at all times in the performance of the Agreement, Vendor shall comply with any and all applicable laws, codes, rules and regulations. m. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. n. Vendor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. o. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. p. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. q. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. r. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Vendor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Vendor shall not employ any person having such known interests. s. The Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 14. Prohibitions on Government Contracts. As used in this Section 14, the term undocumented individual will refer to those individuals from foreign countries not legally in the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Vendor has any employees or subcontractors, Vendor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Vendor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Vendor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Vendor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 7 ii. Enter into a subcontract that fails to certify to Vendor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at:   https://www.uscis.gov/e-verify   c. Vendor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Vendor shall be required to: i. Notify the subcontractor and County within three (3) days that Vendor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Vendor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Vendor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Vendor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Vendor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Vendor violates this provision of this Agreement and County terminates the Agreement for such breach.   [REST OF PAGE INTENTIONALLY LEFT BLANK]   DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 8 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board VENDOR: By:________________________________ Print Name: _________________________ Title: ______________________________   DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 Comer Hobbs Bus Sales Manager 9 EXHIBIT A SCOPE OF SERVICES AND EQUIPMENT, SCHEDULE, FEES   DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 2018 N Turtle TopForest River Sales Contact: Comer Hobbs Email:comerh@daveycoach.com Cell:720.539.9455 Office:303.683.9500 Fax:303.683.6008 CHASSIS STANDARD FEATURES: BUS BODY STANDARD FEATURES: MODEL Terra Transit MD INTERIOR TRIM COLOR Gray Tweed FLOOR COLOR Gray EXTERIOR BODY COLOR White EXTERIOR SKIRT COLOR White DESCRIPTION PRICE QTY SUB QTY SUGGESTED BUS MODEL 1 0 $74,053.00 1 $74,053.00 $0.00 1 0 $1,810.00 1 $1,810.00 $0.00 5 0 $0.00 1 $0.00 $0.00 $188.00 1 $188.00 $0.00 $1,638.00 1 $1,638.00 $0.00 $162.00 1 $162.00 $0.00 $150.00 1 $150.00 $0.00 2 0 $6,779.00 1 $6,779.00 $0.00 $942.00 1 $942.00 $0.00 5 0 $559.00 2 $1,118.00 $0.00 CLIMATE CONTROL HEATER - AUXILIARY 45K BTU - 2 SPEED HEAT COIL IN T/A EVAPORATOR - INSTALL HEAT COIL INTO THE EVAPORATOR OF THE A/C SYSTEM (REQUIRES BOOSTER PUMP OPTION) WINDOW - 9 5/8" X 26 1/8" ON EACH SIDE OF REAR DOOR (PAIR) CHASSIS STRETCH / SUSPENSION DOOR & WINDOWS ENTRANCE DOOR - IN CAB - 36" STEP PAN / 29" CLEAR OPENING - STANDARD OPTION KUBOTA KEY SWITCH - EXTERIOR AIR CONDITIONING - TRANS-AIR TRANS-AIR A/C SYSTEM - 70K BTU - INCLUDES TA73 EVAPORATOR, SMC3L THREE FAN SKIRT MOUNT CONDENSER AND 10 CID COMPRESSOR. (SYSTEM ELIGIBLE FOR R60 ROOF CONDENSER) MOR-RYDE REAR SUSPEN. SYSTEM - FORD OR CHEVY SINGLE REAR DOOR - DELUXE SERIES 1520 DOOR - INCLUDES GAS STRUT & POWER DOOR LOCKS (NO WINDOWS) 18" X 16" WINDOW ADDED TO DOOR, EACH FOR USE ON 500 AND 1520 SERIES DOORS - WINDOWS CAN BE MOUNTED UPPER ONLY OR UPPER & LOWER CO Zip 81637 Phone 970.328.3557 Email jeff.wetzel@eaglecounty.us FORD E350 / E450 7.3L V8 GASOLINE ENGINE • 6-SPEED AUTOMATIC TRANSMISSION • 4.56 REAR AXLE • 16”x6” WHEELS – PAINTED WHITE • ALL SEASON TIRES: LT225/75R/16E (DRW) • 210 AMP ALTERNATOR • DUAL HEAVY-DUTY BATTERIES • 4 WHEEL ANTI-LOCK DISC BRAKES • POWER STEERING • 40 GALLON FUEL TANK (E350) • 55 GALLON FUEL TANK (E450) • CHROME PACKAGE •DRIVER & COPILOT DOORS • DRIVER & COPILOT SEATS W/3 PT LAP/SHOULDER BELTS • DRIVER & COPILOT SRS AIR BAG SYSTEM • POWER DOOR LOCKS • POWER WINDOWS • CRUISE CONTROL • INTERMITTENT WINDSHIELD WIPERS • CAB AIR CONDITIONER AND HEAT/DEFROST • AM/FM/USB RADIO W/CAB SPEAKERS • DAY TIME RUNNING LIGHTS • 3 YEAR/36,000 MILE BASE CHASSIS WARRANTY • 5 YEAR/60,000 MILE POWERTRAIN WARRANTY CHEVROLET G3500 / G4500 6.6L V8 GASOLINE ENGINE • 6-SPEED AUTOMATIC TRANSMISSION • 4.10 REAR AXLE • 16”x6” WHEELS – PAINTED WHITE • ALL SEASON TIRES: LT225/75R/16E (DRW) • 220 AMP ALTERNATOR • DUAL HEAVY-DUTY BATTERIES • 4 WHEEL ANTI-LOCK DISC BRAKES • POWER STEERING • 32 GALLON FUEL TANK (G3500) • 57 GALLON FUEL TANK (G4500) • CHROME PACKAGE •DRIVER & COPILOT DOORS • DRIVER & COPILOT SEATS W/3 PT LAP/SHOULDER BELTS • DRIVER & COPILOT SRS AIR BAG SYSTEM • POWER DOOR LOCKS • POWER WINDOWS • CRUISE CONTROL • INTERMITTENT WINDSHIELD WIPERS • CAB AIR CONDITIONER AND HEAT/DEFROST • AM/FM/USB RADIO W/CAB SPEAKERS • DAY TIME RUNNING LIGHTS • 3 YEAR/36,000 MILE BASE CHASSIS WARRANTY • 5 YEAR/60,000 MILE POWERTRAIN WARRANTY Turtle Top - TERRA TRANSIT • Welded tubular steel cage w/ seat track mounted in floor & sidewalls• Welded perimeter steel floor frame supported by welded "hat" channel" crossmembers• Flat Floor with three step entry and Steel wheel well plates (Low floor w/ two step entry available) • Drive shaft guard(s)• Rear mud flaps• Re-route exhaust to driver's side• Steel cage primed with rust inhibitor• Underbody foam sealed and undercoated • 3/4" Coosa Composite subfloor• Fiberglass flat vertical sidewalls• Fiberglass front and rear cowls• One-piece fiberglass composite flex roof• Flat fiberglass composite lower body skirts• White fiberglass Gel coat exterior• Fender flares• 1" polystyrene foam board insulation• Electric Water Shut-off Valve, on the return line • Interior Corner Boards Standard • Tinted solid windows (31" x 36.375") and (18"x36,375")• Tinted solid side egress windows adequate to meet FMVSS 217 (31"w x 36.375"h)• Tinted solid rear egress window adequate to meet FMVSS 217 (54"w x 26"h)• In cab entrance door - Aluminum, Electric Bi-fold 29" with AS2 tinted glass• In Cab Entrance Door • AS2 Tinted A-panel window in cab• LED upper pinpoint running /clearance lights per FMVSS 108 (5 amber & 5 red)• LED Elongated stop/tail/turn lights• LED red rear pinpoint side marker lights• Red Reflectors at rear and at side Marker Locations (4) total• LED backup lights • LED license plate light• Heavy-duty steel black powder-coated rear bumper• Velvac exterior manual mirrors (L & R) on Terra Transit • Rosco exterior manual mirrors (L & R) on Terra Transit LD • Nitrogen tire inflation• 76" interior height• Smooth black Altro floor and stepwell • Durable bright white smooth fiberglass interior composite ceiling and sidewalls• Modesty Panel & angled hand rail at left of entrance door, grab bar (18") at right of entrance door • Color-coded high temp GXL wiring harness with positive-lock, weatherproof connectors• 3" Round LED Dome Lights • LED overhead entry lighting. NOTE - Some Optional equipment will negate the use of standard equipment listed above Customer Name ECO Transit Contact Jeff Wetzel Street Address 3289 Cooley Mesa Road City Gypsum Date State GENERAL OPTIONS GRAPICS COLOR None SEAT FABRIC Level 3 Antimicrobial Vinyl PASSENGER CAPACITY Driver + 20 Seated Passengers & 2 Wheelchairs 2021 TERRA TRANSIT MD - 241" FLOOR / 206" WB - E450 - 7.3L GAS V8 W/ IN CAB PASSENGER DOOR, 14,500# GVWR w/ 210 AMP ALTERNATOR Thursday, December 2, 2021 7182 Reynolds Drive, Sedalia, CO 80135 www.DaveyCoach.com DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 DESCRIPTION PRICE QTY SUB QTY SUGGESTED $325.00 1 $325.00 $0.00 $552.00 1 $552.00 $0.00 $71.00 1 $71.00 $0.00 7 0 $8,424.00 1 $8,424.00 $0.00 $2,671.00 1 $2,671.00 $0.00 $806.00 2 $1,612.00 $0.00 $58.00 2 $116.00 $0.00 $0.00 1 $0.00 $0.00 5 0 $1,417.00 1 $1,417.00 $0.00 $123.00 1 $123.00 $0.00 $438.00 1 $438.00 $0.00 $850.00 1 $850.00 $0.00 $12,702.00 1 $12,702.00 $0.00 2 0 $110.00 1 $110.00 $0.00 1 $0.00 $0.00 6 0 $175.00 1 $175.00 $0.00 $65.00 1 $65.00 $0.00 $195.00 1 $195.00 $0.00 $487.00 1 $487.00 $0.00 $58.00 1 $58.00 $0.00 $20.00 1 $20.00 $0.00 6 0 $11,148.00 1 $11,148.00 $0.00 $39.00 1 $39.00 $0.00 $84.00 1 $84.00 $0.00 $292.00 1 $292.00 $0.00 $26.00 1 $26.00 $0.00 $26.00 1 $26.00 $0.00 5 0 $97.00 1 $97.00 $0.00 $253.00 1 $253.00 $0.00 $169.00 1 $169.00 $0.00 $84.00 1 $84.00 $0.00 $1,072.00 1 $1,072.00 $0.00 4 0 $143.00 1 $143.00 $0.00 $253.00 1 $253.00 $0.00 $448.00 1 $448.00 $0.00 $4,214.00 1 $4,214.00 $0.00 1 0 $630.00 1 $630.00 $0.00 2 0 $592.00 1 $592.00 $0.00 $80.00 1 $80.00 $0.00 10 0 $572.00 10 $5,720.00 $0.00 20 0 $36.00 20 $720.00 $0.00 50 0 $16.00 10 $160.00 $0.00 $45.00 10 $450.00 $0.00 $45.00 20 $900.00 $0.00 $182.00 10 $1,820.00 $0.00 1 0 $7,034.28 1 $7,034.28 $0.00MOTOROLA RADIO APX4500 ENHANCED 7/800 INSTALLED ADDITIONAL OPTIONS SEAT BELT - USR BELT - DOUBLE - EXCHANGE STANDARD LAP BELT FOR UNDER SEAT RETRACTABLE (USR) LAP BELT (PER DOUBLE SEAT) (N/A ON 5 ACROSS REAR ROW) BLACK ANTI-VANDAL GRAB RAIL - NOT AVAILABLE ON HIGH BACK SEATS (PER SEAT) SEATING FREEDMAN FEATHERWEIGHT - ACCESSORIES HIGH STRENGTH STEEL SEAT LEG (EACH) ARM REST - MOLDED U.S. - FLIP-UP (PER ARM) SEATING FREEDMAN FEATHERWEIGHT - FABRIC FABRIC UPGRADE - LEVEL 3 (PER PASS) SEAT - FW, DBL, MID-BACK, RIGID, EACH - INCLUDES SEAT BELT LOOPS & BLACK NON-RETRACTABLE LAP BELT PER PASSENGER SEATING - FREEDMAN FEATHERWEIGHT ADNIK POWER SEAT PEDISTAL SEATING DRIVER / CO-PILOT - FABRIC RECOVER DRIVER/CO-PILOT OEM SEATS, EACH FABRIC UPGRADE - LEVEL 3 - DR/CO-PILOT - PER SEAT (REQUIRES RECOVER OPTION) SEATING - DRIVER / CO-PILOT MIRRORS - POWER REMOTE W/ HEAT - EXCHANGE STANDARD MIRRORS WITH VELVAC POWER REMOTE W/ HEAT - FORD OR CHEVY SPORTWORKS APEX-3, STAINLESS STEEL, ONE FAT TIRE TRAY TOW HOOKS - REAR ONLY RUNNING BOARD - WIDE DIAMOND PLATE (DRIVER SIDE ONLY) 36" EXTENDED RH GRAB RAIL - IN PLACE OF STANDARD 18" RH RAIL WALLS/CEILING - GRAY TWEED VINYL - INCLUDES COVED FLOORING FROM FLOOR TO SEAT TRACK. VINYL ON WALLS AND CEILING. AVAILABLE COLORS: GREY TWEED EXTERIOR OPTIONS INTERIOR OPTIONS MIRROR - INTERIOR REAR VIEW - 6" X 16" STANCHION POLE - WITH GUARDRAIL& MODESTY PANEL SAFETY SHIELD - DRIVER MODESTY PANEL "WATCH YOUR STEP" SIGN EXTERIOR VEHICLE HEIGHT DECAL - MOUNTED IN DRIVER'S AREA SEAT BELT CUTTER LIGHTS & SIGNS LUMINATOR GTI SIGN PACKAGE - INCLUDES 16 x 120 front sign white (47" x 8" window 109854)- 8 x 96 side sign white (44" x 6" window 109853) STEPWELL LIGHT - IN ADDITION TO STANDARD ENTRANCE DOOR LIGHT - EXTERIOR BESIDE DOOR EMERGENCY EQUIPMENT KIT - FIRE EXTINGUISHER (5#), REFLECTIVE TRIANGLE KIT (3), FIRST AID MEDICAL PACK (25 UNIT) BACK-UP ALARM EXIT WARNING-LIGHT & ALARM - ALL EXITS ROOF ESCAPE HATCH, LOW PROFILE LED BRAKE LIGHT- CENTER HIGH MOUNT FLOORING ALTRO FLOORING - STORM GRAY - UPGRADE FLOORING FROM STANDARD BLACK ALTRO. INCLUDES COVE ENTRY STEPS & FLOOR COVED UP THE INTERIOR SIDEWALLS AND BACKWALL TO SEAT TRACK NON-FLAT FLOOR CONFIGURATION TO MAKE WEIGHT SAFETY REPLACE OEM BATTERIES WITH TWO GROUP 65, 850 CCA BATTERIES RVS BACKUP CAMERA W/7" WINDSHIELD MONITOR - INCLUDES 7' WINDSHIELD MOUNT LCD MONITOR ILO REAR VIEW MIRROR & BLIND SPOT ASSIST SYSTEM (2 SIDE AND 1 REAR CAMERA) Apollo RoadRunner 4K - 7 Camera System 3 outside, 5 inside cameras - 7 cameras total All cameras HD includes 4.0TB Hard Drive ELECTRICAL TERRA TRANSIT PULLOUT BATTERY TRAY - INCLUDES RELOCATION OF OEM BATTERIES TO ENCLOSED BATTERY BOX WITH STAINLESS STEEL PULLOUT TRAY - BODY DISCONNECT SWITCH NOT INCLUDED. STORAGE BAG - (1) RESTRAINT BELT WHEELCHAIR LIFT BELT - NO CHARGE BRAUN NCL10003454 - 34" WIDE X 54" LONG 1000# CAPACITY INCLUDES INTERMOTIVE FAST IDLE / INTERLOCK, EXTERIOR ENTRANCE DOOR LIGHT, ADA SIGNAGE, CEILING MOUNTED GRAB/STANDEE RAILS, WHITE RUBBER STANDEE LINE, PLACARD DOUBLE WC LIFT DOOR - DELUXE SERIES 1520 DOOR - INCLUDES GAS STRUT, POWER LOCK, MAGNET SWITCH, TWO WINDOWS AND LIGHT ABOVE W/C LIFT Q'STRAINT QRT STANDARD W/ SLIDE'N'CLICK - Q8200-A-SC AUTO RETRACTABLE BELTS (MIN. 2 WC POSITIONS REQUIRED) AUXILIARY HEATER PERFORMANCE PACKAGE - INCLUDES: STD 5/8" HEATER HOSE - FULL INSULATED HEATER HOSE - STD 5/8" COOLANT BOOSTER PUMP (REQUIRES EITHER 45K OR 65K BTU AUX. HEATER OPTION) MANUAL SHUT-OFF VALVES - ADD MANUAL SHUT-OFF VALVES IN ADDITION TO STANDARD ELECTRIC VALVES PARA TRANSIT HEATER - STEP TREAD - ELECTRIC W/O TIMER BODY DISCONNECT SWITCH - ADD STANDARD BODY DISCONNECT SWITCH TO PULL OUT BATTERY TRAY (REQUIRES TT BATTERY TRAY OPTION) EXTERIOR MID-SHIP TURN SIGNALS DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 DESCRIPTION PRICE QTY SUB QTY SUGGESTED Bus and Options Total $153,705.28 Documentation Fee $993.00 GPC & Mobility Discounts -$6,500.00 Sub Total $148,198.28 Sales Tax 0.00%$0.00 Freight FOB Gypsum, CO $2,125.00 Total $150,323.28 Down 0.00%$0.00 Amount Due at Delivery $150,323.28 If any changes are required, or we can address any questions or concerns, please contact the Davey Coach representative listed above. All discounts and pricing are subject to change without notice. Thank you for your business! $2,125.00 $150,323.28 $0.00 $150,323.28 Date:Customer Signature:$153,705.28 $993.00 -$6,500.00 Please Print Name:$0.00 $148,198.28 $0.00 Thank you for the opportunity to present this pricing. If all specifications have been considered and are accurate, please sign below and return this quotation to your Davey Coach representative, listed above, via email or fax. Quoted Cost w/Suggested Options DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 REAR AXLE CL FRONT AXLE C 241" 961 4" 937 8" 1005 8"206"343 4" 923 4" E 3411 2"22012"18612"15312"12112"0"30" 27"8912""THIS DRAWING AND THE INFORMATION CONTAINED THEREON ARE THE EXCLUSIVE PROPERTY OF TURTLE TOP AND SHALL NOT BE COPIED OR DUPLICATED IN ANY MANNER WITHOUT OUR WRITTEN CONSENT" FILE NAME : DNS "To furnish the customer the best mid-sized bus in the industry in both quality of material and workmanship." NOTES OVER ALL LENGTH: FLOOR LENGTH: CHASSIS MAKE:TURTLE TOP BODY MODEL: SCALE: DATE: DRAFTSMAN:DRAWING NUMBER: DIMENSIONING TOLERANCE = +/- 3" CHASSIS GVWR: ORDER NUMBER: REVISION: CONTACT TURTLE TOP AT 800-269-2105 FOR AVAILABILITY OF THIS FLOOR LAYOUT IF DRAWING DATE HAS EXCEEDED 90 DAYS. PRELIMINARY THIS DRAWING IS FOR QUOTE PURPOSES ONLY. SEE DRAFTSMAN NOTES FOR DETAILS ENGINEERING INTERVENTION WILL BE NECESSARY TO ENSURE THAT THIS CONFIGURATION IS PRODUCTION READY. EXTENDED LEAD TIMES ALONG WITH VARIANCES FROM THIS DRAWING MAY OCCUR. CHASSIS FUEL TYPE: DRAFTSMAN NOTES: TERRA TRANSIT3 STEP ENTRY 2 STEP ENTRY W/ WHEEL WELLS 210329-S1_FD29_20 FW SEATS_2 WC SLS 3/29/2021 TERRA TRANSIT FORD E450 7.3L GAS 14,500 lbs241" 28' 5" 210329-S1 QUOTE ORG. E E E E 103 4"WHEELCHAIR LIFT 18" 30" 48"SBCLEAR OPENING 29 ESCAPE ROOF HATCH DS - 9 / 18 / 2 / 31 / 2 / 3-4-5-6-7 / 7.5 / 9.5 PS - 5.25 / 48.5 / 10.25 / 31 / 2 / 2-3-4 / 18 / 10.75 / 17.25 210"179"148"117"86"30" 48" SB 6"2 1 3 7 5 4 6 8 √ DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 E 0""THIS DRAWING AND THE INFORMATION CONTAINED THEREON ARE THE EXCLUSIVE PROPERTY OF TURTLE TOP AND SHALL NOT BE COPIED OR DUPLICATED IN ANY MANNER WITHOUT OUR WRITTEN CONSENT" FILE NAME : DNS "To furnish the customer the best mid-sized bus in the industry in both quality of material and workmanship." NOTES OVER ALL LENGTH: FLOOR LENGTH: CHASSIS MAKE:TURTLE TOP BODY MODEL: SCALE: DATE: DRAFTSMAN:DRAWING NUMBER: DIMENSIONING TOLERANCE = +/- 3" CHASSIS GVWR: ORDER NUMBER: REVISION: CONTACT TURTLE TOP AT 800-269-2105 FOR AVAILABILITY OF THIS FLOOR LAYOUT IF DRAWING DATE HAS EXCEEDED 90 DAYS. CHASSIS FUEL TYPE: DRAFTSMAN NOTES: TERRA TRANSIT3 STEP ENTRY 2 STEP ENTRY W/ WHEEL WELLS 210329-S1_FD29_20 FW SEATS_2 WC SLS 3/29/2021 TERRA TRANSIT FORD E450 7.3L GAS 14,500 lbs241" 28' 5" 210329-S1 QUOTE ORG. WHEELCHAIR LIFT 18" CLEAR OPENING 29 ESCAPE ROOF HATCH DS - 9 / 18 / 2 / 31 / 2 / 3-4-5-6-7 / 7.5 / 9.5 PS - 5.25 / 48.5 / 10.25 / 31 / 2 / 2-3-4 / 18 / 10.75 / 17.25 2 1 3 7 5 4 6 8 DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 Division of Independent Protection Co., Inc. 67819 State Road 15, New Paris, Indiana 46553 Phone: 800-296-2105 LIMITED COMMERCIAL WARRANTY SECTION 1: WHAT DOES THIS WARRANTY COVER? Turtle Top Division of Independent Protection Company, Inc., (referred to hereafter as “Turtle Top”) warrants to the original retail purchaser that your Turtle Top unit shall, under normal use and service, be free of substantial defect in materials or workmanship which are attributable to us and which you report to us within the warranty period. The warranty period with respect to the bus body components of your Turtle Top Vanterra, VT3, Odyssey, Odyssey XL and Terra Transit unit extends FIVE (5) years from the date when the unit is delivered to you or until the unit has been driven 100,000 miles, if sooner. If vehicle is purchased based on a DOT specification requiring custom warranty, that warranty declaration issued with the BID prevails. SECTION 2: WHAT DOES THIS WARRANTY NOT COVER? Defects in the aesthetics or physical appearance of the unit over time. Deterioration due to normal use, wear and tear, and exposure to the elements. Damages due to negligent use, misuse, abuse, accidents, acts of God or other contingencies beyond our control. Defects in the products that have been repaired, altered or modified without our approval including added equipment. Defects in the chassis and other parts and accessories not manufactured by us unless the defects result from our install of such parts and accessories. Repairs made necessary by reason of failure to follow recommended maintenance procedures. SECTION 3: HOW DO YOU GET WARRANTY SERVICE? To obtain warranty service, you must report the problem to the selling distributor within the warranty period AND WITHIN (10) DAYS OF THE FAILURE. Only Turtle Top or the Selling Distributor has the authority to approve warranty service. You must make the unit available for examination at the distributor if requested. Additionally, you must present the unit for service at the distributor or at any service facility designated by us or the distributor, and you must leave the unit for a sufficient time to effect service. SECTION 4: WHAT INFORMATION DO I GIVE MY DISTRIBUTOR? You must provide the vehicle body number, located in the driver door jamb on the federal identification sticker and/or the VIN as well as the mileage at the time of the incident. SECTION 5: WHAT WILL WE DO TO CORRECT DEFECTS? We will repair or replace, at our option, without charge for parts or labor, any defective part or assembly covered by this warranty. SECTION 6: WHAT WILL WE NOT DO? We will not replace the unit or refund the purchase price. We will not provide or pay for transportation of the uni t to or from the selling distributor or service facility designated. We will not pay for loss of time; loss of use; loss of revenues, salaries or commissions; towing charges; bus fares; car rentals; gasoline expense; telephone charges; inconvenience or oth er incidental damages. Repair of replacement of defective parts or assemblies is the sole remedy under the warranty. Turtle Top will not be held liable for damages incurred by failure to follow the terms of this warranty. SECTION 7: WHAT OTHER CONDITIONS OR LIMITATIONS AFFECT YOUR RIGHTS? This written warranty is made in lieu of any and all other warranties, EXPRESSED OR IMPLIED. NO IMPLIED WARRANTY OF MERCHANTABILITY IS MADE. This written warranty constitutes the entire agreement between you , the original vehicle owner and Turtle Top. We do not authorize any person to create for us any other obligation or liability in connection with your Turtle Top unit. Any action against us based on this warranty (or any implied warranty asserted by you desp ite the foregoing disclaimer) must be commenced within one year after the accrual thereof and must be prosecuted in a state or federal court, which sits in Indiana. This warranty shall be construed and enforced in accordance with the laws of the State of I ndiana. SECTION 8: INSTRUCTIONS TO THE SELLING DISTRIBUTOR? It is the responsibility of the selling distributor, at the time of sale, to inform the customer of the terms of this warrant y and assign the designated service facility to obtain warranty service. Our warranty does not cover defects in the chassis and other parts and accessories not manufactured by us unless the defects result from our installation of such parts and accessories . We do not adopt the warranties of other manufacturers or assume any responsibility with respect to such warranties. We do however ask all our partners to match the terms of our warranty expressed in Section 1. In the following cases listed below-these companies choose to work directly with the selling distributor to handle warranty involving their product. To expedite the coverage process, the selling distributor is required to contact the following manufacturers individually to attain parts and service. 8.1 The following companies’ AC systems are installed in Turtle Top Buses. Identify the appropriate manufacturer by the install sticker under the hood and provide your unit # or VIN to the warranty department of the following: (Trans-Air): 1-800-673- 2446, (ACC Climate Control): 1-800-462-6322, (ACT): 1-877-228-4247 8.2 The following paratransit lifts are installed in Turtle Top Buses. Identify the appropriate manufacturer on the lift and identify your unit by VIN to the warranty department of the following: – (Braun Corporation): 1-800-THE-LIFT, (Ricon Corporation): 1- 800-322-2884 If the partners listed above indicate warranty coverage does not match the terms of this document contact Turtle Top Customer Service at (877)-4-BUSAID. Revised 1-2021 Document Number 20-0408A DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 10 EXHIBIT B INSURANCE CERTIFICATES DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/20/2021 (314) 274-9218 25623 Davey Coach Sales Inc 7182 Reynolds Drive Sedalia, CO 80135-8805 25674 A 1,000,000 630-6J394004-21 6/18/2021 6/18/2022 300,000 5,000 1,000,000 1,000,000 1,000,000 1,000,000A AD-6J378759-21 6/18/2021 6/18/2022 5,000,000B CUP-6N911306-21 6/18/2021 6/18/2022 5,000,000 A Garage & Dealers (Si AD-6J378759-21 6/18/2021 Liability 1,000,000 Eagle County Regional Transportation Authority 3289 Cooley Mesa Road Gypsum, CO 81637 DAVECOA-01 MYEJA2 RCP, Alera Group, LLC 8182 Maryland Ave. Suite 250 St. Louis, MO 63105 Ashley Hudson ahudson@rcpholdings.com Phoenix Insurance Company (The) Travelers Property Casualty Co 6/18/2022 X X X X X X DocuSign Envelope ID: E783A3BF-10EC-484A-96F6-6F3FB39F2D85