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HomeMy WebLinkAboutbocc.con.078.2011CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 78-2011 ORIGINATING DEPARTMENT/DIVISION: Airport CONTACT PERSON: David Ulane PHONE #: 970-429-2853 PROJECT NAME: Airport Key and Lock ❑ BOCC AGENDA ITEM (Requires BOCC Signature) CHECK PROCiJREMENT TYPE: �STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) ❑None ❑Informal �Formal ❑Sole Source ❑Emergency ❑State Bid ❑ ❑Compliance with House Bills 06-1343 and 07-1073 (Under $] O,OOQ Letters of Engagement, etc.) CHECK CONTRACT TYPE: DOLLAR AMOUNT: $40,162.77 BUDGET LINE ITEM/LEDGER NUMBER: Various ❑ Services/Maintenance ❑License/Use ❑Lease ❑Construction �Goods, Equipment, Supplies ❑O[her (e.g. revenue) ❑Employment (for county employees) ❑Intergovernmental Agreement (Requires BOCC Action) ❑Non-Profit ❑Quasi-Public ❑Grant Agreements (Requires BOCC Action) ❑Change Order/Contract Amendment CONTRACTOR/BUSINESS:Vail Lock, Key and Safe Complete Legal of Name of Business Contract Execution Date:4/27/2011 Automatic Renewal ❑Yes �No . Contract End Date: 6/20/201 I Term of Contract: 4/27/20ll - 6/20/20ll All Contracts should be proofed for the following: � ✓ �No Pages Missing � � ✓❑If a Page is Left Intentionally Blank —Note on Page �/ ✓ �Page numbered consecutively ,�y� ✓ �All Signatures Affixed �C � ✓ �All Dates Filled In � ✓ �All Other Blanks Filled In ✓ �All Exhibits Attached ✓❑HB 06-1343 and 07-1073 Legislation Included in RFP and/or Contract ✓ ❑All Legal Descriptions Attached (if appropriate) ✓ ❑Notice of Award/Proceed Attached (if appropriate) ✓ ❑ Warranty, if applicable ❑Special Instructions for Finance DepaMment: �Sentto Clerk and Recorderfor Scanning/Archiving �Authorized Staff Person's Name: David Ulane BY CHECHING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. AMENDED 04/O1/08 Contract: 78-2011 Rev. 12/27/10 jls Ledger #. Various �. r t � CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into tYus 29th day of Mazch, 2011 , by and between Pitkin County, Boazd of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Vail Lock, Key and Safe (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor sha11 provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: The Airport is purchasing Medecds Logic Itey System hardware. See the attached exhibit for complete overview of purchased goods. 2. DELIVERY OF GOODS. Goods, together with all warranties, guazantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the Buyer at the following place and time: Place: 0233 E. Airport Rd. Suite A, Aspen, CO, 81611 Date and Time: June 20�', 2011 a.m./p.m. N/A 3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the goods, Vendor shall beaz 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. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of $100.00 per calendaz day for each day or part of a day that goods aze not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages aze to be deducted from purchase price. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer shall have 10 business days 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 a11 other documents Contract: 78-2011 Rev. 12/27/10 jls Ledger #. Various evidencing such ownership and title to the goods. The goods shall be delivered to BuyeY free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty sha11 survive closing of this contract. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, Buyer may reject goods. Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declaze Vendor to be in default and pursue remedies contained in this contract. E��dl:�i:7:\� I� 11'//.i�]J�I:7.91 A. Deliverv of Warrantv. Upon delivery of the goods, Vendor sha11 simultaneously tender to Buyer all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warrantv and Renair. The Vendor hereby warrants that for a period of one year after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, 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 aze 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 Buyer. C. Extended Warranties. In addition to the above, the Buyer may auail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the Buyer any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the Buyer may be eligible, which become available thereafter. The Buyer is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment sha11 occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to Buyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $40,162.77, but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CON'I'RACT TERM. Buyer has the right to terminate tlus contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. 11. BUYER'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in acwrdance with its terms, Buyer shall be entiUed to suit for damages, specific performance or other relief in law or equity. 12 ASSIGNABLILITY. 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 Buyer. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to binding azbitration. The parties agree that any disputes concerning the terms and conditions of this contract sha11 be submitted and finally settled by azbitration. Arbitration sha11 be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Contract: 78-2011 Rev. 12/27/10 jls Ledger #. Various Officer appointed to azbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract sha11 be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 15. INTEGRATION t1ND MODIFICATION. This contract represents the entire and integrated wntract between the Buyer 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 Buyer and Vendor. 16. EXEMI'TIONS. All purchases of construction or building ar any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taaces. Pitkin County is exempt from such taa�es under registration numbers 98-02624 and 84-78000-SK. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and sha11 be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the azbitration described in Pazagraph 13, the substantially prevailing party sha11 be entitled to its costs and reasonable attomey's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presenUy $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., C.R.S., as from tune to time amended, or otherwise available to Buyer 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 Buyer for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 20. CLJRRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations sha11 constitute only currently budgeted expenditures of Pitkin County as Buyer. Pitkin County's obligations under this contract aze subject to Pitkin CounTy's annual right to budget and appropriate the suxns necessazy to provide the services set forth herein. No provisions of the contract shall constitute a mandatory chazge or requirement in any ensuing fiscal yeaz beyond the then current fiscal yeaz of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal yeaz direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitafion. This contract shall not d'uectly or ind'uectly 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 Gounty'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. Contract: 78-20ll Ledger #. Vazious Rev. 12/27/10 jls 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; ar(3) witlun three (3) days of being sent certified first class mail, postage prepaid, retum receipt requested addressed as follows: A. To Pitkin County David Ulane AAE 233 E. Airport Rd. Ste. A Aspen, CO 81611 Faac (970)-920-5378 B. To Vendor: Vail Lock, Key & Safe Kurt Batchelder PO Box 636 Vail, CO 81658 with coroies to: Pitkin County Attomey's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Faa�: (970) 920-5198 IN WIT'NESS WIIEREOF, the parties have executed this contract as of the date first set out herein above. C�L�iiZi]7I PITKIN COUNTY COLORADO r B d � By: Vendor Authorized Signer Title: ������ � Date: _l� � l , Title: /}SST. A�►ooT� oa¢rcc.tb� Date: y Z��l / _ .._� �1 Vail Lock, Key & Safe P.O. Box 636 Vail, Colorado 81658 970-949-4165 Proposnl / Estimnte Name / Address Aspen / Pitkin CounTy A'uport 0233 East Aiqwrt Road Suite A Aspeq Colorado 81611 Attention: Steve Shu(tz Descriptian * * * *' REVISED FROM ESTIMATE #E100415 - 3/Ull • * • • • Proposal: Ai�port Operations Center & Residential / Housing: Convert to Medeco Clic Logic cylinders and replace door hardware where necessary. Medeco Logic - KQ{/I. cylinders Medeco Logic - Mortise cylinders - cams tbd Medeco Logic - Rim cylinders Medeco Logic - 1 l CC602 26 / 13 - SSDB US26D GLS - Ll IOC Series ADA Compliant - Grade 1- 626 Finish Leversets GLS - L153C Series ADA Compliant - Grade 1- 626 Finish Leversets GLS - L180C Series ADA Compliant - Grade 1- 626 Finish Leversets Labor to install Medeco Logic cylinders, lever hazdware, deadbolts, exit device fruns, key switch wntrols, includes trip charge. Note(s): Cylinder and hazdwaze quantities aze based on site survey on 2/24/11. Additional quantities would be charged at rates quoted above. Auy questions contact Kurt Batchelder - 970-949-41b5 - ktuY@vaillock.com Exempt Sales Authorized Total Qty 14 8 4 3 16 8 6 1 Date Proposal No. 4/5/2011 E100429 cost 501.39 501.39 501.39 566.19 1 I7.00 132.00 132.00 3,000.00 0.00% Total 7,019.46T 4,011.12T 2,005.56T 1,698.57T 1,872.00T 1,056.00T 792.00T 3,000.00 0.00 $2(,454.71 � : v� �r Vail Lock, Key & Safe P.O. Box 636 Vail, Colorado 81658 970-949-4165 Name / Address Aspen / Pitkin CounTy Airport 0233 Fast Airport Road Suite A Aspen, Colorado 816I1 Attention: Steve Shultz Descrip6an * * * * * REVISED FROM ESTIMATE #E(00415 - 3/1/I1 * • * *' Proposal: Tersninal: Convert to Medeco Clic Logic cylinders and replace door hardware where necessary. Medeco Logic - KII{/I, cylinders Medeco Logic - Mortise cylinders - cams tbd Medeco Logic - Rim cylinders Medeco Logic -(1 CC602 26 / 13 - SSDB (3 US26D / 1 US 10B) Dco - 7161TK2-46 T-tums GLS - L 153R Series ADA Compliant - Grade 1- 626 Fuush Leversets GLS - L 180R Series ADA Compliant - Grade I- 626 Finish I.eversets Camden - Key Switch Controls - On/Off (CM1160) Von Duprin - 990NL R&.V US26D - Pull Trim Assembly Von Duprin - 230NL SP28 Pull Tritn Assembly Ives - 8200 4x16 US28 Labor to install Medeco Logic cylinders, lever hardwaze, deadbolts, e�t device trims, key switch conhols, includes Vip chaz'ge. Note(s): Cylinder and hazdware quantities are based on site survey on 2/24/1 l. Additional quantities would be charged at rates quoted above. Any questions contact Kurt Ba[chelder - 970-949-4165 - kur[@vaillock.wm Exempt Sales Authorized Proposol / Estimnte I Total Qty 7 20 2 1 6 5 I 2 1 1 4 Date Proposal No. 4/5/2011 E100427 Cost 501.39 501.39 501.39 566.19 15.90 132.00 132.00 178.66 204.00 113.00 9.96 2,000.00 0.00% Total 3,509.73T 10,027.80T 1,002.78T 56619T 95.40T 660.00T 132.00T 35732T 204.00T 113.00T 39.84T 2,000.00 0.00 $18,708.06 �