11-23-2015 Purchase of Large Transit BusesAGREEMENT
Between Eagle County Government and the Town of Avon
Concerning the Purchase of Large Transit Buses under the Colorado Mountain
Purchasing Consortium Procurement
This Agreement is between Eagle County Government ("County") and the Town of Avon
("Agency') (referred to together as the "Parties' regarding their respective roles and
responsibilities and any assumptions tied to the Colorado Mountain Purchasing
Consortium ("CMPC") procurement and vehicle purchase from the Agreement between
Eagle County, Colorado and GILLIG LLC, awarded under CMPC 15 LTB RFP, as
Contract #: CO- 34- 0001.AVON.
The parties agree to and understand the following:
A. The Procurement. County, Agency and other transit partners are working
together to bring improved transportation purchasing coordination for large transit
buses over a period of five years (2015 - 2020). Eagle County led a procurement, in
conjunction with partnering agencies and through the CMPC, to provide 24 to 40 foot
vehicle sizes, alternative fuel type options (CNG), and options including low floor
design, trolley fagade design, varied other cardinal changes, as well as training,
warranty, and service (the "Procurement). The Procurement complied with federal and
state requirements to allow the purchase of said vehicles using federal and state grant
dollars. GILLIG, LLC ("Vendor') was the successful respondent and is authorized to sell
to the CMPC agencies the quantities of vehicles during the fiscal years as set forth
below.
B. Agency Procurement Rights. Subject to individual agency budgeting and
appropriation requirements, Agency is authorized under the Procurement and has
committed to purchase the quantity of Transit Buses as follows:
Purchasing
Agency
Fuel
Type
Vehicle
Size
June
— Dec.
2015
CY
2018
CY
2017
CY
2018
CY
2019
Jan. -
June
2020
Total
By
Agency
City of Aspen
Diesel
35' -40'
0
3
0
0
1
3
7
City of Greeley
CNG
35' -40'
4
2
4
2
5
0
17
Eagle County
Diesel
40'
2
1
1
7
4
0
i5
Mesa County
CNG
30' -35'
0
1
0
1
1
1
4
Town of Avon
Diesel
35'
0
2
0
0
2
1
5
Town of
Breckenridge
Diesel
29'
2
0
0
0
0
0
2
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Town
Breckenrid ge
Breckenridge
Diesel
32'
0
3
2
0
0
0
5
RFTA
Diesel
35 -40'
0
6
17
7
20
2
52
Summit County
Diesel
40'
0
0
5
1
8
3
17
"town of
Snowmass
Diesel
29'
0
2
1
0
.20
-10
63*
Village
University of
Wyoming
Diesel
35'
2
0
2
0
0
1
12
5
t;
Total
10
20
3Z
18
43
:t
*Based on capita/ planning, useful life and CDOT funding requirements, Snowmass
Is relinquishing 3 quantities (2 in 2019 and 1 in 2020) back to Eagle County, which
have been added to 2020. Snowmass commits to purchasing 3 vehicles over the life
of the contract. AB 912115
* *Based on capital planning and CDOT funding available, City ofAspen is faking one
of the relinqu/shed Snowmass quantities for 2017 and Increasing their quantities
purchased to 8 total. AB 10116115
C. Purchpse A ts: In order to purchase any vehicle through the CMPC,
Agency will execute the Purchase Agreement in the form shown In Exhibit A,
contracting directly with Vendor in accordance with approved grant timelines. Eagle
County will assume no risk, have no liabilities or other responsibilities associated with
the purchase of any vehicle. Agency will not make any Cardinal Changes in a Purchase
Agreement with Vendor. Agency recognizes that Cardinal Changes will result in a
violation of F rA procurement regulations and will not be available for purchase under
the Procurement.
� •�j- tea- '- �� � r,
1. Agency will be solely responsible for all vehicle inspections, maintenance,
and operations for vehicles It purchases under the Procurement. Eagle County
and the CMPC will assume no risk or liability with respect to vehicle purchases
made by Agency.
2. Agency will take delivery of vehicle at their individual agency location.
3. No later than December 31, of each year, Agency will send written notice
to the County and the CMPC Program Administrator regarding Agency's intent to
purchase the quantity of vehicles herein listed for Agency for the succeeding
Page 2 of 4
year. If Agency does not Intend to purchase the quantity(les) set forth for the
succeeding year, or fails to make such purchase during said fiscal year, Agency
has the option to either roll the quantity forward to the following year or
relinquish the right to purchase that quantity for use by another consortium
member or agency outside the consortium through the assignability clause.
Agency is not financially responsible for any quantity(ies) relinquished. in its sole
discretion as lead agency In the CMPC Procurement, Eagle County has the right
to assign relinquished vehicle quantities to other consortium members on an
annual basis or other transit agencies as deemed appropriate. Beginning on
January 1, 2020, In Its sole discretion, Eagle County has the authority to assign
unused quantities as deemed appropriate whether such quantities have been
relinquished or not.
• •� • R
lt �tt
1. County maintains a contract directly with the CMPC Program
Administrator. The CMPC Program Administrator will work with Vendor and
Agency to complete contract administrative activities to Include working with
Vendor on paperwork requirements, tracking orders through delivery, follow up
to make sure all reimbursement paperwork is correct for CDOT and /or FTA,
annual contract negotiation and meeting with Vendor to discuss price Increases
and performance issues, and completing an annual independent cost estimate to
substantiate price Increases.
2. Agency agrees to share the program administrative costs by paying
County six hundred dollars ($600.00) per vehicle actually ordered from Vendor
under the Procurement. This payment will help to defray a portion of the
upfront and on -going CMPC administrative costs that County has and will incur
as lead agency for the CMPC. Agency agrees to pay Its full share of the
administrative costs, directly to County, no later than the time of vehicle delivery.
Agency has the option to be billed for and pay multiple administration fees either
at the time, or in advance, of delivery of buses ordered for a given year.
3. If Agency wishes to engage the CMPC Program Administrator for any
additional services outside the scope of Paragraph F (1) of this Agreement,
Agency agrees to contract directly with the CMPC Program Administrator.
Page 3 of 4
This Agreement is dated 23_ day of November . 2015_ by and between:
TOWN OF AVON
By. Qalt—��
Jen a Fancher: Mayor of Avon
COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY
COMMISSIONERS
Attest:
a
:✓ /,��� . ,r � �.. „rte ,
Simonton, Clerk to the Board
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