HomeMy WebLinkAboutbocc.con.385.2016 90 K 1 N Pitkin County
C°°NT` Contract Cover Sheet
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(tCpitkincounty.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 3$5.26/4
Project Name Passenger Loading Bridges
Contractor Timberline GSE
Budget Line Item 404.25.00000.82869
Additional Budget Line
Item(s) __ $
(Please fully allocate New
Contract Total) $
Contract Start Date 12/15/2016
Contract End Date Click here to enter a date.
Automatic Renewal Yes ❑ No®
If Construction: Retainage Yes $ or % No®
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:
Passenger loading bridges refurbishment _.-
Contract Value Summary:
Original Contract Amount $41,600.00
Previous Change Order/Amendment Amount(if applicable) S
This Change order/Amendment amount(if applicable) S
New Contract Total _ _ $ 41,600.00
Procurement Method:
None ❑ Informal❑ Formal ❑ Sole Source 2'J Emergency ❑ Contract Renewal ❑
Contract Type:
Services/Maintenance U Construction U Goods, Equipment, Supplies d
Change Order/Amendment❑ Other, please explain ❑ Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
E
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#385.2016 Rev 8.25.1/jaa
Budget Line Item#404.25.00000.82869
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: 11/15/20106
FROM: Ful Meraz
Proposed Contractor: Timberline GSE Product/Service: Refurbish Loading ramps
Estimate expenditure for the above constmction service: $_ -_ 41,600.90
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer,no regional distributor,standardization etc):
Explain: This is the only company that Sky West will authorize to warranty the Sky West loading
ratlp"s and t c refurbisning of the Skywest long ranps.
The undersigned requests that Pitkin County waive othe .. . urement t irements and recognize this
transaction as a sole source exception to the Pitkin C, ty)yc re , - Co Ir.
1_ , � a � • " � z ,\ab
De.artmentead-- Date S lion Head \ Date
Approved Denied Reason for Denial:___ \
on Pea sok, Coot Manager Date
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the'Cleik's check list and send the original signed contract
with coversheet to clerk's office for archiving.
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Contract#363.2016 Rev 8.30.1/jaa js
Budget Line Item#40.1.25.00000.82869
4941„,COUNTY
(s 0
•
CONTRACT FOR THE PURCHASE OF
Passenger Loading Bridges
THIS CONTRACT is made and entered into this 15th 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 Timberline GSE, (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:
See Attached Quote
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 Upon Completion of the Refurbishing
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 1S OF THE ESSENCE. Vendor acknowledges that time is of the essence for
delivery of goods.
.101.IIDAT ED DAN1AGLS. 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
any liens,claims or encumbrances, and Vendor shall warrant the same,which warranty shall survive
closing of this contract.
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Contract#363 2016 Ree8.30.I jams
Budget Line Item#404.25.00000.82869
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 I
scar 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 541.600 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.
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
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Contract#363.2016 Rer..8.30.1/jaa js
Budget Line nem#404.25.00000.82869
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
IS. 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.
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
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Contract#363.2016 Rev 8 30.I1 jaa js
Budget Line Item#404.25.00000 82869
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
o:reni nf er M l lell l ev Pitkin County Attorney's Office
02:: C. Airport Rd. 530 E. Main Street, #302
Aspen. Colorado 81611 Aspen, Colorado 81611
l-ay proo'0-s Fax: (970) 920-5198
B. To Vendor:
Timberline GSE
2215 South Industrial Park Rd.
Richfield, UT 84701
(435) 896- 2065 Office F a x
(435) 979-4502 Todd
4
Contract if 363.2016 Ree8.30.11 jaa!s
Budget Line Bend/404.25,00000.82869
IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above.
VENDOR: PITKIN COUNTY COLORADO
By. a 7)-/st/6 By: ` a ASJ �I i 1 J ( Yi
Date A all' rized Signer
Title: Procurement Officer
PITKIN COUNTY COLORAD
Title: Ahp.rt Director
5
2215 South Industrial Park Rd.
Quote
Richfield, UT 84701 .
TI
� (435) 896-2065 Office Fax
(435) 979-4502 Todd
timberlinemetalart@gmail.com 11452016 1181
www.timberlinegsecom
Aspen-Pitkin County Airport
HI hleraz
Administration 0233 E Airport Rd.Suite A
Aspen Co.81611
Description Qty U/M Rate Total
Canopy Removal and shipping prep. 8 500.00 4,000.00
Clean and Paint frame and bracing 8 2,500.00 20,000.00
New Foam Filled Wheels(^If not need cost will be 16 275.00 4,400.00
discounted at the end of project")
New Wheel bearings ("If not need cost will be discounted 16 75.00 1,200.00
at the end of project")
Main Ramp and Landing repairs 8 1,500.00 12,000.00
We look forward to working with you.
Subtotal $41,600.00
Sales Tax (6.6%) $bob
Total $41,600.00