HomeMy WebLinkAboutbocc.con.363.2016 7/2015 kjm
�iTKIN Pitkin County
CouNT1 Contract Cover Sheet
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Please complete the Contract Cover Sheet when the contract is completed and signed by ContractorNendor and Pitkin
County Project Lead.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help(ipitkincounty.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 363.2016
Project Name Equipment and Supplies for the Delce Pad Lighting
Contractor All Phase Electric Supply
Budget Line Item 404.25.00000.82862 $
Additional Budget Line $
Item(s) $
(Please fully allocate New $
Contract Total) $
Contract Start Date 11/8/2016
Contract End Date 12/20/2016
Automatic Renewal Yes ❑ No®
If Construction: Retainage Yes$ or % No El
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
= Department Airport
Project Manager Jennifer Mitchley Project Manager (970)429-2854
Phone
Provide a brief description of the contract:
Purchase of goods for the Delce Pad Lighting
Contract Value Summary:
Original Contract Amount $21,400.00
Previous Change Order/Amendment Amount(if applicable) $
This Change order/Amendment amount(if applicable) $
New Contract Total $21,400.00
Procurement Method:
None ❑ Informal® Formal ❑ Sole Source 0 Emergency 0 Contract Renewal 0
Contract Type:
Services/Maintenance 0 Construction ❑ Goods,Equipment, Supplies El
Change Order/Amendment❑ 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.233.2015 Rev 8.29/11
jaa/1s
Budget Line Ftem/1404.25.00000.82862
MEMORANDUM
TO: Jon Peacock(County Manager)
FROM: Fil Meraz
RE: Delce Pad lights supplies
DATE: 11/8/2016
Description of Project:De-Ice pad light project
Budget:404.25.00000.82862
On project list approved by BOCC: (yes or no)
Contractors Contacted: See below
Proposals Received: (amounts,timelines,references)
All Phase Electric
supply
Valley Electric Supply
Consolidated Electrical
Distribution
Firms chosen: All Phase Electric-They were the only company that could supply the poles,light
heads and supplies in the time we need them.
v Ai . , •
ARthbrized Signature
For sole source and/or emergency procurement—use designated forms.
Note: Every effort should be made to obtain a written contract when otherwise required under
County procedures. When a contract is obtained,complete the Clerk's check list and send the
original signed contract with coversheet to clerk's office for archiving.
Contract#363.2016 Rev.8.30.11 jaa/js
Budget Line Item#404.25.00000.82862
i�'KIN
COUNT
CCl/D CND)
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CONTRACT FOR THE PURCHASE OF
Equipment and Supplies for the Deice Pad Lighting
THIS CONTRACT is made and entered into this 11th day of November 2016,by and between the
Pitkin County,Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611
(hereinafter"County") and All Phase Electric Supply, (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:
Delce Pad Light Equipment
3 LITH RTS 39 9-0B T20 DDB
3 LITH BS28 DDB
6 LITH HLF2 LED P3 50K MVOLT FV IS DDBXD MNFL
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: Aspen Airport
Date and Time: November 8, 2016 in the p.m.
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 3 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 all other documents
evidencing such ownership and title to the goods. The goods shall be delivered to County free and clear of
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Contract#363.2016 Rev.8.30.11 jaa/js
Budget Line Item#404.25.00000.82862
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. 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 2
years 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$21,400.00,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#363.2016 Rev.8.30.11 jaa/js
Budget Line Item#404.25.00000.82862
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 thiscontract 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#363.2016 Rev.8.30.11 jaa/js
Budget Line Item#404.25.00000.82862
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:
Jennifer Mitchley Pitkin County Attorney's Office
0233 E. Airport Rd. Ste. A 530 E. Main Street,#302
Aspen,Colorado 81611 Aspen, Colorado 81611
Fax (970)920-5378 Fax: (970)920-5198
B. To Vendor:
ALL PHASE ELECTRIC SUPPLY
5392 COUNTY ROAD, #154
GLENWOOD SPRINGS, CO 81601
Tel: 970 945-6204
Fax: 970 945-5403
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Contract II 363.2016 Rev.8.30.I I•f is/js
Budget Line Item#404.25.00000.82862
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IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above.
VENDOR: PITKIN COUNTY COLORADO
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By: 1,04../ /"2/p/ BY: A in` t.►. ,:,‘, L 4 1
Date
.eurement°Meet:411qt Da e
PITKIN COUNTY COLORADO •
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