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Home My WebLink Aboutbocc.con.165.2016 7/2015 kjm jirIIN Pitkin County CouNT' 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 helpapitkincounty.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 165.2016 Project Name Purchase of a Aircraft Flat Tire Dolly Contractor West Metro Aviation Budget Line Item 404.25.00000.83772 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 3/21/2016 Contract End Date 4/30/2016 Automatic Renewal Yes ❑ No❑ 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 Airport Project Manager Meraz Project Manager 1881 Phone Provide a brief description of the contract: Provision of a 30K PlaneSkate with extras; includes marine battery, all-weather 2 switch light, steel forward and aft chalk system, 6x6 positioning adjustable wood chalks,warranty—6 months wheels/1 year motor and chassis. Contract Value Summary: Contract Amount $ 19,500.00 This Change order/Amendment amount(if applicable) $ New Contract Total $ Procurement Method: None ❑ Informal® Formal ❑ Sole Source❑ Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance ❑ Construction 0 Goods,Equipment, Supplies Change Order/Amendment 0 Other,please explain 0 Click here 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#bocc.con.165.2016 Rev.8.30.11 jaa/js Budget Line Item#404.25.00000.83772 • " crss CONTRACT FOR THE PURCHASE OF PLANE SKATE Aircraft Wheel Dolly THIS CONTRACT is made and entered into this 21 day of March,2016,by and between the Pitkin County,Board of County Commissioners,530 E.Main Street,Third Floor,Aspen,Colorado 81611 (hereinafter"County")and West Metro Aviation,LLC 1313 County Road 134,Buffalo,MN 55313 (hereinafter"Vendor"). 1. GOODS PURCHASED, Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract as Exhibit A: 30K Plane Skate with extras;includes marine battery,all-weather 2-switch light,steel forward and aft chalk system,6x6 positioning adjustable wood chalks,warranty—6 month wheels/1 year motor and chassis,and delivery and demonstration. 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: 1 001 Owl Creek Rd Aspen,CO 81611 Date: April 8,2016 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. Not Used 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have one(1)day for inspection of goods. .At delivery and after inspectionand acceptance,Vendor shall tender a Bill of Sale to the goods,together with any andall other documents evidencing such ownership and title to the goods. The goods shall be delivered to County free and clear of 1 Contract#bocc.con.165.2016 Rev.8.30.11 jaa/js Budget Line Item#404.25.00000.83772 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 one(1)month 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. Pitkin County agrees not to exceed any limitations listed in the 30K user manual.The Vendor hereby warrants that for a period of six months for wheels and one year for motor and chassis 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. Not used. 9. PAYMENT. Payment is 50%down at time of signed Contract,the balance of payment is due upon acceptance of goods delivered in compliance with this contract.Delivery fee and demonstration fee is non-refundable under any circumstances. hi 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 nineteen thousand five hundred dollars($19,500.00),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 ofsuch termination and specifying the effective date thereof. 11. COUNTY'S REMEDIES UPON DEFAULT OF 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 hi 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. 2 Contract#bocc.con.165.2016 Rev.8.30.11 Jaa/js Budget Line Item#404.25.00000.83772 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 othermaterials 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 neeessaty 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 Piticin County within the meaning of any constitutional or statutory debt limitation. 3 Contract#bocc.con.165.2016 Rev.8.30.11 jaa/js Budget Line Item#404.25.00000.83772 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: Fil Meraz Pitkin County Attorney's Office 1001 Owl Creek Rd 530 E.Main Street,#302 Aspen,Colorado 81611 Aspen,Colorado 81611 Fax: 970-429-1892 Fax: (970)920-5198 B. To Vendor: West Metro Aviation,LLC Michael Wiskus 1313 County Road 134 Buffalo,MN 55313 Fax: 763-682-1552 Ph: 763-682-1516 4 Contract#bocc.con.165.2016 Rev.8.30.11 jaa/js Budget Line Item#404.25.00000.83772 IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above. VENDOR:PLANESKATE PITKIN COUNTY COLORADO By: - y G py: 1 // 0-5Z Date 'A thorize -Signer- Date Title: Or,J - r' Title: r�i�',� �iflfdZL'z=dam 5 PIAiNESKA'1'E" ' Quotation Original Aircraft Flat Tire Dolly Fil Meranz 3/7/16 Aspen Airport 970-429-1881 Salesperson P.O.Number Shipping Method Shipping Date Payment Terms Down payment Mike Wiskus WMA Delivery due at order Balance at time of delivery Quantity Description Unit Price Total 30K PlaneSkate with extras. Includes Marine Battery. 1 All weather 2-switch light. $18,000.00 $18,000.00 Steel Fwd.and Aft. Chalk system. 6X6 Positioning Adjustable wood chalks Warranty:6 mo.Wheels/1 year motor and chassis. 1 Delivery& Demonstration fees $1500.00 $1500.00 Subtotal $19,500.00 Sales Tax Freight Charges See Delivery fees Total $19,500.00 Quotation prepared by: Dan Hanson Quotation is valid through:4/7/16 Thank you for your business! West Metro Aviation,LLC 1313 County Road 134,Buffalo,MN 55313 Phone 763-682-1516 Fax 763-682-1552 westmetroaviat@aol.com