HomeMy WebLinkAboutbocc.con.208.2015 14:LI
i Pitkin County
Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement ii 1p _piticincounty.com). Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 208-2015
Project Name Power Wash Trailer
Contractor H2O Power Equipment
Budget Line Item 416.68.94575.86000
Additional Budget Line Item(s)
and special notes to Finance
Contract Start Date Click here to enter a date.
Contract End Date Click here to enter a date.
Automatic Renewal Yes ❑ No❑x
If Construction: Retainage Click here to enter text.
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Fleet Management
Project Manager Jonah Frank Project Manager 920-5393
Phone
Provide a brief description of the contract:
Provide a mobile Power wash trailer
Contract Value Summary:
Contract Amount $19,600
This Change order/Amendment amount(if applicable)
New Contract Total
Procurement Method:
None ❑ Informal Formal ❑ Sole Source ❑ Emergency El Contract Renewal El
Contract Type:
Services/Maintenance ❑ Construction ❑ Goods, Equipment, Supplies ❑X
Change Order/Amendment ❑ Other,please explain ❑ Clickhere to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#208-2015 8/13/15
Budget Line Item#416.68.00952.86650
Al pi_
1.kJ I . -
CONTRACT FOR THE PURCHASE OF
One New Power Washer Trailer unit
THIS CONTRACT is made and entered into this 13th of August 2015, by and between the Pitkin
County,Board of County Commissioners, 530 E. Main Street,Third Floor, Aspen, Colorado 81611 and
_H2O Power Equipment, 6057 E. 49th Drive, Commerce City, Co 80022
1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the
stated description and any Technical Specifications attached to this contract:
One PGHW5-35324E power washer Mounted in a 7' X 14' ENCLOSED Tandem Axle
Trailer w/electric brakes(7,000 lb axles),with two 535 gallon tanks,hose reel. Per Attachment 1
2. 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: 76 Service Center Rd,Aspen, Co 81611
Date: December 1St 2015
3. 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.
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 County for
liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of$5
per calendar day for each day or part of a day that goods are 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 are to be deducted from purchase price.
6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance
by County. County shall have 7 days for inspection of goods. At delivery and after inspection and
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Contract#208-2015 8/13/15
Budget Line Item#416.68.00952.86650
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.
7. REJECTION OF GOODS. If goods are not delivered according to the specifications and
descriptions of this contract, County may reject goods. [Vendor shall have 14 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.
8. WARRANTY/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 7
years pump, and 5 years heating coil 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.
9. 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$19,600.00 but any payment by the County may be offset by any amount the Vendor owes
the County for any reason.
10. 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.
11. COUNTY'S REMEDIES UPON DEFAULTOF 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.
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 County.
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Contract#208-2015 8/13/15
Budget Line Item#416.68.00952.86650
13. BINDING ARBITRATION. Any disputes arising out of this contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of this
contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing
Officer appointed to arbitrate 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 shall be held to be
invalid or unenforceable,the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
15. 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.
16. 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.
17. 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.
18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the
provisions of this contract beyond the arbitration described in Paragraph 13,the substantially prevailing party
shall be entitled to its costs and reasonable attorney's fees.
19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that 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, 24-10-101, et seq., C.R.S., as from time to time
amended, or otherwise available to County 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
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.
20. 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.
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Contract#208-2015 8/13/15
Budget Line Item#416.68.00952.86650
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.
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; or(3)within three (3) days of being sent certified first
class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Jonah Frank Pitkin County Attorney's Office
76 Service center Rd 530 E.Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
970-920-5374 Fax: (970) 920-5198
B. To Vendor:
H2O Power Equipment
6057 E. 49th Drive
Commerce City, Colorado 80022
IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above.
VENDOR: PITKIN COUNTY COLORADO
By: G?`/u/ 07/s By: Iin.vro''-- dos
At,k 7i7,9 er
Date Jonnit
eet Manager D.te
By:
40P4
r
Brin Pettet, Section Leader Date
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Attachment 1
Denver(303)287-7561
CO Grand Junction (970) 670-5016
Colorado Springs (719) 434-4779
Servicing all of Colorado and Southern Wyoming!
POWER EQUIPMENT www.h2opowerequipment.com
Equipment Proposal
(Gasoline Powered/Diesel Fired 5 gpm)
Pitkin Count Fleet June 20,2015
Attn: Jonah Frank
76 Service Center Road
Aspen, CO 81611
Phone: 970-920-5393
Email: jonah.frank(a pitkincountv.com
Qt. Item Number Description of Equipment Price
One PGHW5-35324E Landa Gasoline Powered,Diesel Heated Hot Water $10,850.00
Pressure Washer Skid Unit. 4.7 GPM @ 3500 PSI.
Honda GX630 gasoline engine.
Includes belt-driven Landa G3 pump, cool bypass pump
protection,2000W Winco generator,vibration isolating
power platform,adjustable thermostat, 100' of R-2 high
pressure hose,downstream chemical injector,variable
pressure wand and (4) nozzles
(See"PGHW Series" Attachment)
One DSC H2O Dealer Discount -($2,200.00)
One TRV7X14ENC 7' X 14' ENCLOSED Tandem Axle Trailer w/electric $ 8,250.00
brakes (7,000 lb axles)
-2- 535 HT 535 gallon horizontal leg tanks w/tie down hoops $ 1,800.00
One INST Installation; includes (1) 100' capacity hose reel, in-line $ 900.00
suction kit w/strainer from tank, by-pass cooling back to
tank from pump,winterization kit and downstream
chemical injection.
One Freight Delivery to Aspen N/C
Quoted by: Keith Molenhouse Sub-Total $19,600.00
**NOTE: Prices do not include sales tax
Prices valid for 30 days
**Landa Warranty=7 years on Pump//5 years on Heating Coil
Accepted By: Date: (7(
c
Purchase Order N