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HomeMy WebLinkAboutbocc.con.399.2016 ; )!r"' " Pitkin County °1.. N1 ' 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 hclp apitkincountv.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 399.2016 Project Name Passenger Loading Bridges Contractor Sky West Airlines Budget Line Item 404.25.00000.82862 $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 11/10/2016 Contract End Date 12/14/2016 Automatic Renewal Yes C 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 Meraz Project Manager (970)429-1881 Phone Provide a brief description of the contract: Purchase of Passenger Loading Bridges to be utilized on the tarmac Contract Value Summary: Original Contract Amount $76,000.00 Previous Change Order/Amendment Amount(if applicable) $ This Change order/Amendment amount(if applicable) $ New Contract Total $76,000.00 Procurement Method: None E Informalf Formal C Sole Source ® Emergency C Contract Renewal C Contract Type: Services/Maintenance 0 Construction ❑ Goods, Equipment, Supplies 12 Change Order/Amendment C Other, please explain C 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 if 399.20156 Ren 8 25.II Jaa Budget Line Item#404.25.00000.82862 PITICIN COUNTY SOLE SOURCE PROCUREMENT ' JUSTIFICATION REQUEST TO: Jon Peacock,County Manager DATE: 12/29/2016 FROM: Fil Meraz Proposed Contractor: SkvWest Airlines Product/Service: GSE Equipment,Passenger loading bridges Estimate expenditure for the above construction service: $ 76,000.00 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 manufachrret no regional distributor standardization etc) Explain: These passenger loading bridges are required to ensure the safety of the traveling public due to the airports new push beck operations.These passenger loading bridges are required per commercial aircraft that operate at the airport. The undersigned requests that Pitkin County waive other pro ro neat rpg 'cements and recognize this transaction as a sole source exception to the Pitkin County 'rocur r ,e 11 • . � as r ti Z ci no artmeiiilleo-d Date Section I ,d D'te Approved ✓ Denied Reason for Denial:__ Jon Peactfc ,County 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 Clerk's check list and send the original signed contract . with covershect to clerk's office for archiving. 1 Contract#399.2016 Rev.8.29.II jaa Budget Line Item#404.25.00000.g2862 41/1KIN u COUNT CONTRACT FOR THE PURCHASE OF PASSENGER LOADING BRIDGES THIS CONTRACT is made and entered into this lath 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 SkyWest Airlines, Inc., (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: Keith Industries /Stationary Gate Ramps GLB0006—Serial#70106 GLB0008—Serial #70109 GLB0010—Serial #70010 GLB0013— Serial #70017 GLB0015—Serial #70018 GLB0020—Serial #70023 GLB0025—Serial#70028 GL130026—Serial #70029 2. DELIVERY OF GOODS. Goods shall be delivered by Vendor to the County at the following place and time: Place: Aspen/Pitkin County Airport 0233 E. Airport Rd. Aspen, CO 81611 Date and Time: Nov. 14, 2016 and Dec. 14, 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. 1 Contract#399.2016 Rev. 8.29.1 I jaa Budget Line Item 71 40425.00000.82862 5. LIQUIDATED DAMAGES. Not Used. 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have one 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 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: Sold As-ls. One-year warranty is through Timberline GSE, 2215 South Industrial Park Rd., Richfield, UT 84701 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 seventy-six thousand dollars and zero cents $76,000.00, 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 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 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. 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. 2 Contract#399.20 16 Rcv.R.29.I I jaa Budget Line Item a 40425.00000.22862 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 [N 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 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. 2l. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (I) 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. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also 3 ContiaoI#399.2016 Ilov,8,29.11 Jos Budget Line Len/I.104.25.00000.82862 be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. A. To Pitkin County with conies to. Pil Mertz Pitkin County Attorney's Office 0233 E.Airport Rd.Ste.A 123 Emma Rd.,Suite 8204 Aspen,CO.81611 Basalt,Colorado 81621 Fax-970-920-5378 Attorney©PitkinCounty.eom B. To Vendor: SkyWest Airlines 444 South River Rd. St.George,UT 87790 Phone:(435)634-3443 IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above. VENDOR: BOARD OF COUNTY COMMISSIONERS OP PITKIN COrTY COLORADO ../UZ+o�� 1-2(v-1 Ey' /\ �.I 2I ,, ODI- Dy'' Data Ptn. _d- =- L ate .241,061*a I. By! a`I \ 2'1 trl Ah^ot oto '_ Date By:A S a220 otmty 1 auger I ate 4