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HomeMy WebLinkAboutbocc.con.208.2017 t ` Pitkin County t iii ° 1 Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pnkm County Representative Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurementrn pitkineounty com) Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement. Contract Information Contract Number 208.2017 Project Name ARFF Gear Contractor L N Curtis and Sons Budget Line Item 404 21.00000 83000 $ 18,284.00 Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 7/18/2017 Contract End Date 9/18/2017 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 New Vendor Request Form. Contact Information: Department Airport Project Manager Fil Meraz Project Manager (970)429-1881 Phone Provide a brief description of the contract: ARFF Gear for Airport Contract Value Summary: Original Contract Amount $ 18,284.00 Previous Change Order/Amendment Amount(if applicable) $ This Change order/Amendment amount(if applicable) $ New Contract Total $ 18,284.00 Procurement Method: None ❑ Informal® Formal ❑ Sole Source ❑ Emergency ❑ Contract Type: Services/Maintenance ❑ Construction ❑ Goods, Equipment, Supplies El Change Order/Amendment ❑ Contract Renewal ❑ Other,please explain ❑ CI r', lir r1 r" ,.,,`.. r. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#208.2017 Revrsmn 10/05/2016 btf Budget Line Item#404 21 00000 83000 (,Ott PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made July 18, 2017 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621, (hereinafter called the"County") and L N Curtis and Sons, 1195 South 300 West, Salt Lake City, UT 84101 (hereinafter called the "Vendor") to perform the following work: ARFF Gear ("Project"). I. Goods Purchased Vendor shall provide County with the following goods conforming to the stated description and any Technical Specifications attached to this contract. II 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. 1001 Owl Creek Rd. Aspen, CO. 81611 Date. .Tuly 31,2017 Time. 12:00 PM HI. Risk of Loss. At all times prior to delivery and County's acceptance of the goods, Vendor shall hear 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 delivery of goods V Liquidated Damages. Vendor hereby agrees to be responsible to County for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of zero dollars and zero cents ($0.00) 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 they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price 1 Contract#208.2017 Rewsmn 10/05/20166[1 Budget Une Item#404 21 00000 83000 VI Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County County shall have two weeks 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. VII. Reiection 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. 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 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 defect's e material or workmanship Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the goods may he 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 maybe 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 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 eighteen thousand two hundred eighty four dollars and zero cents ($18,284 00), but any payment by the County may be offset by any amount the Vcndor owes the County for any reason 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 2 Contract a 208 2017 aeo,no,i, io/os/lots by Budget lie Item ft 484 21.00000.83000 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 part}. Any use of subcontractors by the Vendor for performance of this contract must he accepted in writing by the County. XIII. Binding Arbitration. Any disputes arising out of this contract shall he 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 he 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. XIV. 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. XV. 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. XVI. Exemptions. All purchases of construction or building or any other matenals 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. XVII. 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 XVIII. 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 Section XII, the substantially prevailing party shall be entitled to its costs and reasonable attorney's ices. XIX. 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 pet occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 3 Contract#208 2017 nenvon 10/050016 btf Badget l ne Item It 404 21,00000.83000 C.k.S. 6 24-10-101, et seq.. as from time to time amended, a 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 lb agent or employees XX, Current Year Obligations.'1'he 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 ycat 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 appropnated 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 Pitkm County's money. XXI 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 mad,postage pre- paid and Ota e-mail (electronic delivery) to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall he considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County with copies to: Fil hMeraz Pitkin County Attorney's Office 0233 E. Airport Rd. 123 Emma Rd., Suite#204 Aspen,CO 81611 Basalt, Colorado 81621 Email: flu meraz(waspenairport.coin Email: Attomey®lpitkincounty.com To Contractor L.N. Curtis and Sons 1195 South 300 West Salt Lake City, OT 84101 Phone' (801)446--7285 Email Iparn sh(a.lncurti s.coin 4 Contract It 208.2017 aevislon.10105,2016btf Budget Line Item k 404.21.00000.83000 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. L.N.Curtis andanSonsSo aw l/�1 Signature / Date rantL UOug CL'4o v. 5ennt# r} Opreaho4s A4+6yvr Printed Name Title PITKIN COUNTY,COLORADO RECOMMENDED FOR APPROVAL: we4 4 -7�ist act -)ate . s jeanelte,jones jeanette .jones gbocc.con.208.2017 Informal Procurement L.N. C 11109/17 09:38 AM xerox Contract#2082017 Rev 8 29/1 1 int)h Budget Line Item1/404 21 00000 83000 MEMORANDUM TO: John Peacock,County Manager FROM: Fil Meraz, Director of Operations RE: over$10,000 DATE: 6/2/2017 Description of Project: Firefighting turnout gear for firefighting personnel at the Aspen/Pitkin County Airport. This personal piotective equipment is needed for ARFF personnel to perform their job safely. 13udget: On project list approved by BOCC: (yes or no) Contractors Contacted: L.N. Curtis and Sons First Due Fire Supply Shipman's Fire Equipment Proposals Received (amounts,timelines,references) L.N. Curtis & Sons $18,284 First Due Fire Supply No quote given due to being out of the area Shipman's Fire Equip No quote given due to being out of the area Firms chosen: (who and why)L.N.Curtis and Sons due to having the personal piotective equipmentl we need for our ARFF personnel to perform their job safely. uthorid_Signatrire Foi 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.