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HomeMy WebLinkAboutC22-408 Gillig_purchase order PURCHASE ORDER Washington State Transit Bus Cooperative State Cooperative Purchasing Schedule Master Contract #06719-01 Transit Buses: Heavy Duty, dated April 1, 2021. Issued By: Tanya Allen Regional Transportation Director Eagle County Regional Transportation Authority P.O. Box 1070 Gypsum, CO 81637 Administered By: Elena McGrew Enterprise Procurement Manager Washington State Department of Enterprise Services 1500 Jefferson Street SE Olympia, WA 98501 Contractor: Gillig LLC 451 Discovery Drive Livermore, CA 94551 DocuSign Envelope ID: 3C4C2ED0-CBA3-44D8-A558-17B8ADF7DB58 WHEREAS, Gillig LLC (“Manufacturer”) and the State of Washington, by and through the Department of Enterprise Services, a Washington State governmental agency, executed a Master Contract dated April 1, 2021; and WHEREAS, Eagle County and the State of Washington, by and through the Department of Enterprise Services, a Washington State governmental agency, executed a Cooperative Purchasing Agreement on October 27, 2022 authorizing Eagle County to utilize the above-referenced Master Contract as a procurement solution; and WHEREAS Eagle County desires to purchase the below described make and model vehicle(s) from the Manufacturer in accordance with said Master Contract; and WHEREAS, Manufacturer is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the vehicles as set forth below in paragraph 1 hereof; and WHEREAS, this Purchase Agreement shall govern the relationship between the Manufacturer and Eagle County in connection with the procurement of said vehicles. NOW, THEREFORE, in consideration of the foreclosing and following promises, Manufacturer and Eagle County agree as follows: 1. Service Equipment: a. Manufacturer agrees to provide the following vehicles and associated components (hereinafter referred to as the “Equipment”) as more specifically identified in the Price Summaries and Quote Letters identified in subsections 4(a)(v) through (viii), and incorporated herein by this reference: i. Two (2) 40-foot, Heavy-Duty Low Floor/BRT Clean Diesel Buses and Associated Components as identified below; and ii. Two (2) 40-foot E Buses as identified below. 2. Compensation: a. Eagle County shall compensate Manufacturer for the Equipment in accordance with the rates shown in the Contract Documents identified in Section 4(a) below, and calculated as follows: Unit Cost Total Cost Two (2) 40 ft. BRT Clean Diesel Buses $617,434* $1,234,868* Two (2) 40 ft. E Buses $1,076,676* $2,153,352* *Maximum Compensation DocuSign Envelope ID: 3C4C2ED0-CBA3-44D8-A558-17B8ADF7DB58 b. Maximum compensation under this agreement shall not exceed three million, three hundred eighty-eight thousand, two hundred twenty dollars ($3,388,220) unless changes are made to this contract. c. Eagle County will not withhold any taxes from monies paid to the Manufacturer hereunder and Manufacturer 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. Payment will be made for Equipment satisfactorily delivered and accepted within thirty (30) days of receipt of a proper and accurate invoice from Manufacturer. All invoices shall include detail regarding the Equipment and such other detail as Eagle County may request. e. Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agreement after, nor shall any payments be made to Manufacturer in respect of any period after December 31 of any year, without an appropriation therefore by Eagle County in accordance with a budget adopted by its governing body 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). 3. Schedule: a. The Equipment shall be delivered prior to the month of August 2024, and no later than December 2024. The coaches shall be delivered Monday through Friday. No deliveries shall be made on weekends or holidays. 4. Contract Documents: a. The following documents, which were agreed to by Manufacturer and are incorporated herein by this reference, collectively referred to as "Contract Documents," includes: i. This Purchase Order; ii. Competitive Solicitation No. 06719-01 issued March 4, 2020 regarding Heavy Duty Transit Buses; including: Introduction; Request for Proposals, Offer & Award; General Contractual Provisions; Quality Assurance Provisions: Warranty Provisions; Technical Specifications; and Appendix, and iii. Manufacturer's Proposal dated June 17, 2020, including Manufacturer’s Technical Proposal and Manufacturer’s Price Proposal and the following completed required submissions: Bid Form; Taxpayer Identification, Certification Regarding Lobbying; Buy American Certification; Bidder's Acknowledgments and Representations Regarding Contingent Fee, Bus Testing Certification, Cooperative Purchasing Agreement, FMVSS Compliance Certification, Motor Vehicle Pollution Certification: iv. Master Contract No. 06719-01 dated April 1, 2021 between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency, and Gillig LLC; DocuSign Envelope ID: 3C4C2ED0-CBA3-44D8-A558-17B8ADF7DB58 v. Price Summary dated 6/28/22 (2 40-ft BRT Clean Diesel buses) vi. Price Summary dated 6/28/22 (2 40-ft E Buses) vii. Quote Letter dated 6/29/22 (2 40-ft BRT Clean Diesel buses) viii. Quote Letter dated 8/5/22 (2 40-ft E-Buses) b. There are no Contract Documents other than those listed above in Section 4(a). The Contract Documents may only be altered, amended, or repealed by written amendment. The intent of the Contract Documents is to include all items, components and services necessary for the proper sale and delivery of the Equipment. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. 5. Termination. Eagle County may terminate this Agreement, in whole or in part, up to eight (8) months prior to line entry, for any reason, with or without cause, and without penalty therefor with written notice to the Manufacturer. Eagle County shall pay Manufacturer for Equipment satisfactorily delivered and accepted prior to the date of termination. 6. Manufacturer’s Agreement: a. Gillig LLC agrees to provide the equipment identified above in conformance with the terms of the Contract Documents for the consideration stated herein. Your offer to provide the equipment identified above is hereby accepted as offered in your Quote Letters dated June 29 and August 5, 2022, in accordance with the Contract Documents. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest:____________________________ Clerk to the Board of County Commissioners DocuSign Envelope ID: 3C4C2ED0-CBA3-44D8-A558-17B8ADF7DB58 Gillig LLC By: ___________________ William F. Fay, Jr Vice President Sales Date: __________________ CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF _____________________) ) ss. COUNTY OF _____________________) The foregoing instrument was acknowledged before me by _____________________, of ___________________________this______ day of____________________, 2022. My commission expires: ______________ ______________________________ Notary Public DocuSign Envelope ID: 3C4C2ED0-CBA3-44D8-A558-17B8ADF7DB58