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Home My WebLink Aboutbocc.con.078.2017P011cIN Pitkin County CotNTN 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 (fire rement help(dpitkincounri.eom). 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 078.2017 Project Name Health and I human Services Suites 101, Installation 112, and 202 Furniture and Contractor ProSpace lntcriors S 39,046.57 Budget Line Item 110.88.92888.82261 $ _ Additional Budget Line Items) (Please fully allocate New Contract Total) $ _ $ _ _$ $ Contract Start Date _ _ 2/7/2017 _ Contract End Date 3/29,12017 Automatic Renewal Yes L 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: De artment Facilities _ oManager Prject IodiSm ith Project Manager (970)920-5396 This Change order/Amendment amount (ifapplicable) Phone Provide a brief description of the contract: HHS Remodel fumilure Contract Value Summary: Ori incl Contract Amount _ S 39,046.57 Previous Chan a Order/Amendment Amount (if a hcable) $ 0.00 This Change order/Amendment amount (ifapplicable) $ 0.00 New Contract Total S 39,046.57 Procurement Method: None L Informal❑ Formal ❑ Sole Source M I mergency ❑ Contract Renewal ❑ Contract Type: Services/Maintenance ® Construction L Goods, Equipment, Supplies L Change Order/Amendment ❑ Other, please explain L Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENT'S MUST BE WITH THIS CHECKLIST. Contract# 078.2017 Hev 8.2511 jaa Budget Line Lem # 1 I0R9&92888.82261 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: 02.16.2017 FROM: Jodi Smith Proposed Contractor: ProSpace Interiors Grand Junction Colorado Product/Service: Purchase of System Furniture and Demountable walls for new Public Safety and Economic Services Departments & Remodel required to accommodate the space Estimate expenditure for the above construction service: Budgeted $ 80,000 (current cost $76,000.) This form is required, and is to aid you, in documenting your Sale 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: Pilkin County contract with Eagle County for both Economic Services and Public Health was canceled with short notice to Pitkin County. Jn an effort to absorb these critical functions within the county, we had to move quickly on renovating space within the Human Services building, which included procuring furniture due to quick transfer of staff into the building. Therefor ProSpaee was chosen to assist us in this process because of their history with the County (Basalt project), availability to act quickly to meet deadlines, and close proximity to Aspen. The undersigned requests that Pitkin County waive otheruremc rgqui mems and recognize this transaction as a sole source exception to the Pitkin C906tv Procih cyl C e. DepamnentTl' d�x� Date Approved Denied Reason for Jon acoc ,County Manager 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 checklist and send the original signed contract with coversheet to clerk's office for archiving. Contract # 078.2017 Reds;m: 1010s12016 bs Budget line Item k 110.88.92888.82261 A PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT. made February 7, 2017 by and between the Board of Counq Commissioners of Pitkin County. Colorado, 123 Enuni Rd., Suite 4106. Basalt, CO 81621, (hereinafter called the "County") and ProSpace Interiors. 50 Heinz Street, Delta, CO 81416 (hereinafter called the " Vendor") to perform the following work: Health and Human Services Suites 101. 112, and 202 Furniture and Installation ("Project"). 1. Goods Purchased. Vendor shall provide, deliver and install the County with the goods. as detailed in Exhibit A. conforming to the stated description and any Technical Specifications attached to this contract. Il. Delivery of Goods. Goods. together with all warranties, guarantees, manuals. support information and notice of any extended warranties, shall be delivered and installed by Vendor to the County at the following place and time: Place: 0405 Castle Creek Road. Aspen, CO 81611 Date: Ma#c8 A2d17 Time: 5:WPM III. 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. IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the deliver}' of goods. V. Liquidated Damages. Vendor hereby agrees to be responsible to County for liquidated damages- tar failure to deliver goods on time. (for delay and not as Penalty) in the amount of one hundred fifty dollars and zero cents ($150.00) per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. the parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that Contract # 028.2017 Budget Line Item # 110.88.92888.82261 Fe,.,., 10/0 12016 bO they genuinely intend to liquidate such damages. Any such damages- are to be deducted from purchase price. VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have twenty-one (21) calendar days for inspection of goods. At delivery and after inspection and acceptance. Vendor shall tender a Bill of Sale to the goods. together kith any and all other documents ecidencing 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. VII. Rejection of Goods. If goods are not delivered accordingto the specifications and descriptions of this contract. County may reject goods. Vendor shall have six (6) weeks 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. VIII. Warranty and 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 two (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 Count,. C. Extended Warranties. In addition to the above. the County may avail itselfof 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. IX. Payment. Payment shall occur fifty percent (50%) upon a fully executed contract and fifty percent (50%) upon final acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to CoumN in accordance with this contract. County shall pay Vendor. and Vendor agrees to accept as its fall and only compensation, the stated sutn of thirty-nine thousand fony-six dollars and fifty-seven cents ($39,046.57), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. Contract N 078.2017 Budget Line Item 0110.88.92888.82261 Re ...on: 10/0512016 b[j X. 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. XI. 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. XII. Assignability'. 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. XIII, 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. XIV. 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. XV. 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. XVL 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. XVII. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. XVIII. 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. C.R.S. § 24-10-101, er seq., 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 m provide for indemnification of the Vendor by the County For any injury to any person or any property damage whatsoever which Contract ft 078.2017 Budget Line Item # 110.88.92888.82261 Newlon: 10105/2016 bt/ is caused by the negligence or other misconduct of the County or its agent or employees. XIX. 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 )ear director 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 Pillow County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall he construed to pledge or create a lien on anv class or source of Pitkin Country's moneys. nor shall any provision of this contract restrict the future issuance of Pitkin Countv's bonds or any obligations payable from any class or source of Pitkin County's money. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail. postage pre- paid to the addresses of the parties 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 be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: Jodi Smith, Facilities Director 485 Rio Grande Place, Unit 101 Aspen. CO 81611 Email: Jodi.Smith ,PilkinCountv.com To Contractor: PioSpace Interiors 50 Heinz Street Delta, CO 81416 Phone: (970) 874-8006 Email: dave!o;pmspace.biz with copies to: Pitkin County AttorneN's Office 123 Emma Rd.. Suite #204 Basalt, Colorado 81621 Email: Attomey;aipitkincounty.com Contract # 078.2017 Budget Line Item # 110.88.92888.82261 R,v. o 1 0/0 51201 6 bl IN WITNESS WI IERECF, the parties have executed this Contract as of the date first set out herein above. Pros ace Interior �l 7rn,— Signature Date Printed Name "fide PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: 02/18/20171 46.04 PM Jodi Smith, Facilities Director Date