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Home My WebLink Aboutbocc.con.143.2016 7/3015 kjm Pitkin County prKIN Contract Cover Sheet COUNT cr-),cv 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 help@pitkincounty.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 143.2016 Project Name Supply of Console Furniture for Renovated 911 Dispatch Facility Contractor Xybix Systems,Inc. Budget Line Item 110.40.92840.82001 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 3/16/2016 Contract End Date 7/31/2016 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 Facilities Project Manager Smith Project Manager 5396 Phone Provide a brief description of the contract: Provision of the supply and installation of console furniture at the renovated 911 Dispatch Facility at North40. Contract Value Summary: Contract Amount $62,000.00 This Change order/Amendment amount(if applicable) $ New Contract Total $ Procurement Method: None ❑ Informal El Formal ►1 Sole Source ❑ Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance El Construction 0 Goods,Equipment, Supplies 0 Change Order/Amendment 0 Other,please explain ►2 HGAC-Buy Cooperative Purchasing Program 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.143.2016 Rev.8.29.11 jaa Budget Line Item# I IC• '/O. 928g0• i320 I IN COUNT (l.. - - ' CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into this 16th 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 Xybix Systems,Inc. 8207 South Park Circle,Littleton, CO 80120 (hereinafter"Vendor"). 1. GOODS PURCHASED. In compliance with HGACBuy Contract Number EC07- 14. Vendor shall provide County the goods conforming to the pricing, description and technical specifications for 911 Dispatch Center Console Furniture. Exhibit A: Detailed Scope of Work. 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: 043 Sage Way Road,Aspen, CO 81611 Date: July 1,2016 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) week 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 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 1 • Contract# Rev.8.29.11 jaa Budget Line Item# 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. 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 one (1) year 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 uouoniancwith Illi$ contractl Count/ shall pay Vendor, and Vendor agrees to accept it$ til Nit only comm p€nution, the StSum of RUM two thousand a.,nars t$621000.00 , tut any payment by the Cou;tty $ iy be Off t by any AMU me YGndor owcS the County for any r9p9n. Terms for payment shall be! SON Deposit at time of Contract 40% at time of furniture installation 100/o upon completion of the punch list items 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. 2 Contract# Rev.8.29.11 jaa Budget Line Item# 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. 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 the 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 the 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 3 Contract# Rev.8.29.11 jaa Budget Line Item# 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. 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: Jodi Smith Pitkin County Attorney's Office 485 Rio Grande Place 530 E. Main Street,#302 Aspen, CO 81611 Aspen,Colorado 81611 Fax: 970-920-5285 Fax: (970) 920-5198 Tel: 970-920-5396 !! q Pt To Vendor: ) ,tix Solutions, Inc. Todd Parson I 8207 SouthPark Circle Littleton, CO 80120 Fan: 303-053-5454 Tel: 303.683.5656 4 Contract# Rev.8.29.11 jaa Budget Line Item# IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above. VENDOR: XYBIX SOLUTIONS, INC. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO Y By: Authorized Signer Date • a 'orized Signer Date Title: }Ce C i u� v, P. Title: i'I l t-S aft'' ✓t kooterj By: -->k )° y: 3V21• County anoager Date 5 DocuSign Envelope ID:3CA75896-651 B-4399-B6D2-4161 FAADF3B0 Xybix Systems, Inc. 8207 SouthPark Circle 0144.114) -411110- • Quote Number: 18058 Littleton, CO 80120 xy b Quote Date: 2/9/2016 'Phone:303-683-5656 Fax:303-683-5454 Revision: RebeccaC Orig Create Date: 12/17/2015 Quote Expires: 5/9/2016 Opp#: 0012519 Terms: 50% DEP;40% INSTALL;10% PUNCH Page: 1 of 4 Quote To: Ship To: Aspen/Pitkin County Acct: ASPPITASCO 506 E Main St Dept. C Aspen/Pitkin County Aspen 506E Main St CO 81611 Dept. C Aspen CO 81611 Sales Person: TODD PARSON USA Rep Phone: 720-363-7748 Phone: 970-920-5317 Email: toddp@xybix.com HGAC Contract#EC07-14 2.10.16 Drawing R10 Removed center storage cabinets. rdc 2.9.16 Drawing R9 Add work surface to existing RRG. Add 2 additional cable poles. rdc 1.22.16 Drawing R8 rdc 1.13.16 Drawing R7 rdc 12.17.15 Drawing R6 OPTION#2. RDC 10.28.15 Drawing R4 rdc 9.15.15 Drawing R3 Revised storage. rdc 8.31.15 Drawing R2 rdc 7.23.15 Drawing RO rdc PLEASE NOTE: OPTIONAL ITEMS ARE NOT INCLUDED IN THE TOTAL PRICE. PLEASE CONTACT XYBIX TO HAVE ANY OPTIONAL ITEMS INCLUDED IN THE FINAL PRICE. FREIGHT&INSTALLATION CHARGES WILL BE ADJUSTED ACCORDINGLY. Line Part Number Description Qty U/M List Ea Disc% DiscPrice Net Price 1.00 12343. Panel System Priced by the Linear Foot. 1 1.0 EA $16,405.00 50 $8,202.50 $8,202.50 Grade 2Fabric 12343-1-SS-42-48in-0 LF @ 142 12343-1-DS-42-48in-85 LF @ 193 12344-1-SS-65in-0 LF @ 192 12344-1-DS-65in-0 LF @ 267 Upper Tiles Fabric Color: TBD Grade 2 G2 Lower Tiles Fabric Color: TBD Grade 2 G2 Panel Trim Color: Black 1.01 14145-BLK Cable Pole 96"-Alum Black 2 8.0 EA $78.00 50 $39.00 $312.00 2.00 14486. Adj. Table Worksurface-Dual Surface-Corner- 3 5.0 EA $1,760.00 50 $880.00 $4,400.00 72L x 72R 10 RV-Cable Management Included 3.00 11064LRG ErgoPower X4+Table Base-Large 5 5.0 EA $5,070.00 50 $2,535.00 $12,675.00 4.00 12056. Monitor Mount-Rollervision- -2H1- 6 4.0 EA $3,475.00 50 $1,737.50 $6,950.00 Corner-Dual Surface-72L x 72R 10 RV- 12076-Std VESA Monitor Mount Qty=5 4.01 12757. Monitor Mount-Rollervision- -1H1- 51 1.0 EA $2,140.00 50 $1,070.00 $1,070.00 Corner-Dual Surface-72L x 72R 10 RV- 12076-Std VESA Monitor Mount Qty=3 QuotForm:001:00 DocuSign Envelope ID:3CA75896-651 B-4399-B6D2-4161 FAADF3B0 Xybix Systems, Inc. 8207 SouthPark Circle 4 I. • Quote Number: 18058, Littleton, CO 80120 elk:" xyb I)(Phone:303-683-5656 ', Quote Date: 2/9/2016 Fax:303-683-5454 Revision: I RebeccaC Orig Create Date: 12/17/2015 Quote Expires: 5/9/2016 Opp#: 0012519 Terms: 50% DEP;40% INSTALL;10% PUNCH Page: 2 of 4 5.01 12904 DataDock-Keyboard Surface Cable Organizer 7 5.0 EA $374.00 50 $187.00 $935.00 Cables Sold Separately 5.02 15196 Charge Only USB Upgrade for Datadock-Cables 8 5.0 EA $50.00 50 $25.00 $125.00 Sold Separately 5.03 11677 Ext Cable USB Type A to Type A Panel Mount for 11 40.0 EA $32.00 50 $16.00 $640.00 Datadock Male/Female 5M(16.4') 5.05 13166 Datadock-Panel Mount RJ45 CAT6 Coupler 12 10.0 EA $50.00 50 $25.00 $250.00 5.06 12787 USB Type A to Type A Keyboard/Mouse Extension 13 10.0 EA $32.00 50 $16.00 $160.00 5M (16'4")-Color: BLACK 5.07 11816 Ext. Monitor Cable DVI-D Male/Female 5M(16'4") 14 23.0 EA $108.00 50 $54.00 $1,242.00 5.08 11132 Ext Audio Cable 3.5mm Jack Male/Female 25' 15 10.0 EA $32.00 50 $16.00 $160.00 5.09 11682 Energy Chain 23-51 Keyboard Surface 47 4.0 EA $196.00 50 $98.00 $392.00 5.10 11683 Energy Chain 23-51 Monitor Surface 48 4.0 EA $210.00 50 $105.00 $420.00 6.00 11792. Power Bar- 10 Outlet 16 10.0 EA $128.00 50 $64.00 $640.00 6.01 14976 6 Outlet Power Strip 25' 17 1.0 EA $144.00 50 $72.00 $72.00 OPEN MARKET 0.03 1'0'2 Power Data Station, Power 3/Data 2 RJ11 OR rthig 64 4.8 E& T210.00 50 $105.00 $105.00 outlets plastic, block, 10'power cord, RJ45 socket OPGii IYIAFth T 9.00 15452 Dual Shelf Under Surface 191N x 9G1-metal 5.0 EA $254.00 50 $127.00 $635.00 OPEN MARKET 10.00 1Z033. Return Wvr)csurface-113wx36D M 4.0 EA Q390.00 50 $195.00 $780.00 10.01 12033. Return Worksurface-24Wx36D 43 1.0 EA $390.00 50 $195.00 $195.00 10.02 12033. Return Worksurface-41 Wx41 D for existing RNO 51 1.0 ER 390.00 50 $195.00 $195.00 10.04 12033. Return Worksurface-42Wx36D 26 5.0 EA $390.00 50 $195.00 $975.00 10.05 12035. Return Worksurface-78Wx36D p-top 23 2.0 EA $705.00 50 $353.00 $706.00 QuotForm:001:00 DocuSign Envelope ID:3CA75896-651 B-4399-B6D2-4161 FAADF3B0 Xybix Systems, Inc. 8207 SouthPark Circle r • Quote Number: 18058 Pih Littleton, 8012 Ph �•j•`� xypi)c. oee:n03-3-683-5656 '.` Quote Date: 2/9/2016 Fax:303-683-5454 Revision: I RebeccaC x Orig Create Date: 12/17/2015 ° :` Quote W Expires: 5/9/2016 Opp#: 0012519 Terms: 50% DEP;40% INSTALL;10% PUNCH Page: 3 of 4 10.06 12035. Return Worksurface-93.25Wx36D 22 1.0 EA $706.00 50 $353.00 $353.00 11.00 13625. CPU Cabinet-Under Work Surface 42Wx33D with 28 5.0 EA $1,347.00 50 $673.50 $3,367.50 Sliding Shelf 11.02 13619. CPU Cabinet-Under Work Surface 24Wx33D with 44 2.0 EA $1,154.00 50 $577.00 $1,154.00 Sliding Shelf 12.00 11352. Drawer Pedestal-Fixed-Single-16W-6-6-12 29 4.0 EA $950.00 50 $475.00 $1,900.00 Drawers 22D- 12.00 12428. Drawer Pedestal-Fixed-Bookcase Right-24W- 48 1.0 EA $1,050.00 50 $525.00 $525.00 6-6-12 Drawers 22D- 14.00 10704. Lateral File-30W-3 Drawer 3° 2.0 EA $1,562.00 50 $781.00 $1,562.00 16.02 . Storage Cabinet-Freestanding W/Toekick-30W, 38 1.0 EA $1,070.00 50 $535.00 $535.00 45H, 22D 18.00 10007 Table Dual"H"Support Leg 49 2.0 EA $235.00 50 $117.50 $235.00 18.04 C-14329. Filler Panel-Panel Frame Attachment TALL 53 2.0 EA $120.00 50 $60.00 $120.00 19.01 15314 OPEN MARKET Standing Desk Bike C3-DT3 37 0.0 EA $699.99 $699.99 $0.00 OPTIONAL 21.00 15203 OPEN MARKET Anti-Microbial Laminate Upgrade 4 0.0 EA $600.00 50 $300.00 $0.00 OPTIONAL x QTY 5 90.00 12356 Installers Kit 38 5.0 EA $- $0.00 $0.00 99.00 OTHER Other Charges&Services 39 1.0 EA $- $0.00 $0.00 Line(39) -Miscellaneous Charge- Freight- FullTruck NonTaxable $800.00 Installation -Non-Taxable $7,925.00 List Price Total $103,976.00 Lines Total: $51,988.00 Line Miscellaneous Charges Total: $8,725.00 Quote Total: $60,713.00 QuotForm:001:00 DocuSign Envelope ID:3CA75896-651 B-4399-B6D2-4161 FAADF3B0 Xybix Systems, Inc. 8207 SouthPark Circle • Quote Number: 18058, Littleton, CO 80120 XD I)( Quote Date: 2/9/2016 Phone:303-683-5656 Revision: I Fax:303-683-5454 RebeccaC Orig Create Date: 12/17/2015 Quote Expires: 5/9/2016 Opp#: 0012519 Terms: 50% DEP;40% INSTALL;10% PUNCH Page: 4 of 4 Note 1; All quoted taxes are estimated.Any applicable taxes,fees,permits,etc.must be added to this quote. Note 2: Where installation is listed on quote it is based in non-union labor and on one trip for installation only. Client is responsible for coordination of Technicians and other Vendors/Contractors.Waiting time will be charged at the rate of$75 per man hour straight time and$115 per man hour for OT plus subsistence expenses. Additionally, this quote is based upon a remodel in an existing space and/or new building- completely finished with a Certificate of Occupancy. Any project where the General Contractor is still on the job is subject to additional charges. We appreciate this opportunity to provide this quote.Our goal is to substantially improve working conditions for your valuable staff.We look forward to meeting with you to review this proposal in detail.In the meantime please don't hesitate to call us with any questions. QuotForm:001:00