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HomeMy WebLinkAboutbocc.con.028.21 2019-12-17 CDD p T K I N Pitkin County Procurement Cover Sheet COUNT Q/D.CV Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Contract Information Contract Number 028.21 Project Name Nokia Microwave Equipment Contractor Lightspeed Technologies, Inc Budget Line Item 12541150.574000.10141 $ 47,096.43 41053150.574000.10141 $ 87,096.43 Additional Budget Line — $ Item(s) $ (Please fully allocate New Contract Total) $ 134,192.86 Procurement Method: Sole Source Type: Goods, Equipment, Supplies Contract Start Date 2/24/2021 Contract End Date 8/31/2021 Contract Type New Contract Retainage No If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department Translator/Radio County Representative Jeff Krueger County Representative (970) 429-6114 Phone Provide a brief description of the contract: Contract to purchase Nokia Microwave equipment. Contract Value Summary: Original Contract Amount $ 134,192.86 Previous Change Order/Amendment Amount $ This Change order/Amendment amount $ New Contract Total $ 134,192.86 Rev 2018-10-10 btf PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: February 16, 2021 FROM: Jeff Krueger, Communication Sites Manager Proposed Contractor: LightSpeed Product/Service: Nokia Microwave Equipment Estimate expenditure for the above Product/Service: $ 135,000.00 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 manufacturer, no regional distributor, standardization etc): Explain: Pitkin County selected Nokia microwave systems as the result of an evaluation and tradeoff study in 2016. Pitkin County has worked exclusively with Nokia on design, development and procurement and continues to expand the microwave network. A common vendor for all County microwave provides a cost effective solution for operations and maintenance to include reduced training costs, reduced warranty costs, centralized software management and improved availability. LightSpeed is a reseller of Nokia equipment and provides added services for design and consulting that are not normally provided by Nokia. In addition, LightSpeed has adopted the same pricing as Nokia under a special State of Colorado National Association of State Procurement Officers (NASPO)ValuePoint agreement. The County has already purchased two microwave hops from LightSpeed under the NASPO agreement. This purchase will add five more microwave hops to a highly effective system that supports public safety, broadband and TV translator services. With value added services and competitive NASPO pricing, LightSpeed will assist the County in achieving a best-in-class solution. 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. 1 Rev 2018-10-10 btf The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Head Section Head it-Fr tP' Mar-01-2021 P(u1ttS dl.a#{(k. Mar-01-2021 Jeff Krueger Date Phyl i s Mattice Date Communications Manager assistant County Manager County Manager Reason for Denial: Mar-04-2021 Jon Peacock Date 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 check list and send the original signed contract with coversheet to clerk's office for archiving. 2 Contract#028.21 Revision:2018-10-10 btf Budget Line Item#12541150.574000 41053150.574000 4iTKIN COUNT PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made February 24, 2021 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the"County")and LightSpeed Technologies,Inc, 1829 Celeste Drive,Building 1, Wall, NJ 07719 (hereinafter called the "Vendor") to perform the following work: Nokia Microwave Equipment("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 as Attachment A - Pricing Summary. 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: Pitkin County Telecommunications, 351 Southside Dr, Basalt, CO 81621 Date: ELPRIMIIM Time: 2:00 PM 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 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 1 Contract#028.21 Revision:2018-10-10btf Budget Line Item#12541150.574000 41053150.574000 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. VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have one (1) 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. VII. 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. 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 time in accordance with manufacturer's standards 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. 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 one hundred and thirty-four thousand, one hundred and ninety-two dollars and eighty-six cents ($134,192.86), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 2 Contract#028.21 Revision:2018-10-10 btf Budget Line Item#12541150.574000 41053150.574000 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. XVI. 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. Attorney'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, et 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 or provide for indemnification of the Vendor by the County for any injury to any person or any property damage whatsoever which 3 Contract#028.21 Revision:2018-10-10btf Budget Line Item#12541150.574000 41053150.574000 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 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. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing 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 be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: with copies to: Jeff Krueger Pitkin County Attorney's Office 351 Southside Drive 530 E. Main St., Suite #301 Basalt, CO 81621 Aspen, Colorado 81611 Email:jeff.krueger@pitkincounty.com Email: Attorney@pitkincounty.com To Contractor: LightSpeed Technologies, Inc 1829 Celeste Drive, Building 1 Wall,NJ 07719 Phone: (732) 556-0086 Email:jcbrannon@lightspeedt.com 4 Contract#028.21 Revision:2018-10-10 btf Budget Line Item#12541150.574000 41053150.574000 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. LIGHTSPEED TECHNOLOGIES, Inc 9»4,1' C. 23-1'", 1 "P'"/ nr-11r,, 4P1:`'`d' Mar-01-2021 John C. Brannon, Lightspeed Technologies President & CEO PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: 3t, 4't4td t4" Mar-01-2021 Jeff Krueger Date Communications Manager MANAGER APPROVAL: Mar-04-2021 Jon Peacock Date County Manager 5 Summary-R3.0 LightSpeed PRICING SUMMARY FOR Pitkin County Microwave Links BFD43 BFD44 Jail Ruedi Thomasville Upper Red Williams Sunlight Spare Part Number Description I Unit Price S-1 S-2 S-3 S-4 S-5 S-6 S-7 S-8 S-9 QTY QTY QTY QTY QTY QTY QTY QTY QTY 9500 MPR Microwave Switching Shelf(MSS) 3MO00109AC MSS1 Shelf,16 DS1,6 Ethernet(2 POE,2 Electrical,2 SFP Ports) $ 1,137.50 1 1 0 0 0 0 0 3EM22715AH 9500 MPR Shelf Kit w/Alarm FAN Evo-HSv3 $ 752.50 0 0 1 1 1 0 0 3DB18788BA CorEvo-10G $ 1,053.50 0 0 2 2 2 0 0 3DB19343AA Ethernet Access Card 10G(EAC-10G) $ 630.00 0 0 2 1 1 1 0 3DB19017AB Ethernet Access Module(v2)w/8 GbE port $ 840.00 0 0 0 4 1 2 0 3DB17020EDAA Wavence 19A Flash Card MSS1/MSSO $ 35.00 1 1 0 0 0 0 0 3DB17020DDAA Wavence 19A ICS05 uSD Card for CoreEvo-10G $ 35.00 0 0 2 2 2 0 0 9500 MPR Microwave Packet Transceiver(MPT) 3DB29206AA UBT-T 5.8-6GHz HP $ 4,550.00 0 0 0 0 1 0 1 1 3DB29211AA UBT-T 10-11 GHz HP $ 4,550.00 0 0 0 1 1 0 0 0 3DB29218AB UBT-T 18 GHz $ 3,412.50 1 1 1 0 1 1 0 0 3DB28624CA AIM-T-O 6GHz 252,04 MHz SB3/SB3 $ 700.00 0 0 0 0 1 0 1 0 3DB28212BA AIM-T-O 11 GHz 490 MHz SB2 $ 875.00 0 0 0 1 1 0 0 0 3DB28071AA AIM-T-C 18GHz 1560MHz SB1 $ 700.00 1 1 1 0 1 1 0 0 9500 MPR RTUs-per ODU/RF Transceiver/Upgrade 3MO00180APAA RTU 1Gbps UBT-T Capacity $ 2,275.00 0 0 2 0 0 0 3MO00177APAA RTU 1Gbps UBT-T Capacity,upgrade $ 2,275.00 0 0 0 1 1 0 3MO00180AQAA RTU 1.5Gbps UBT-T Capacity $ 2,450.00 1 0 1 0 0 0 3MO00177AQAA RTU 1.5Gbps UBT-T Capacity,Upgrade $ 2,450.00 0 1 0 0 0 0 3MO00180BAAA RTU UBT-T 2nd TxRx activation $ 1,225.00 1 0 3 0 0 0 3MO00177BAAA RTU UBT-T 2nd TxRx activation,Upgrade $ 1,225.00 0 1 0 1 1 0 3MO00180BEAA RTU UBT-T Adp Mod $ 525.00 1 0 3 0 0 0 3MO00177BEAA RTU UBT-T Adp Mod,Upgrade $ 525.00 0 1 0 1 1 0 3MO00180BHAA RTU UBT-T HQAM 2k/4k $ 525.00 1 0 2 0 0 0 3MU00177BHAA RTU UBT-T HQAM 2k/4k,Upgrade $ 525.00 0 1 0 0 1 0 3MO00180BLAA RTU UBT-T XPIC $ 420.00 0 0 1 0 0 0 3MO00177BLAA RTU UBT-T XPIC,Upgrade $ 420.00 0 0 0 0 1 0 9500 MPR Microwave Packet Transceiver Accessories 1AB235300005 OCTIS connector housing for fibers $ 14.35 1 1 1 1 3 1 1 1 0 3CC52159BA DC pigtail N to 2 wires outdoor $ 39.55 1 1 1 1 3 1 1 1 1 1AB235300007 OCTIS connector housing for powering $ 22.40 1 1 1 1 3 1 1 1 0 3CC52210BC Fiber cord MM LC-LC for UBT 25m $ 146.52 1 1 0 0 3 0 1 0 1 3CC52210BD Fiber cord MM LC-LC for UBT 50m $ 229.68 0 0 0 1 0 1 0 1 1 3CC52210BF Fiber cord MM LC-LC for UBT 100m $ 376.20 0 0 1 0 0 0 0 0 0 Antenna Materials 10046878 Ant UBT Int 2ft 18 GHz SP(SC2-190CUBTR) $ 336.35 1 1 1 0 1 1 1 0 0 10046214 Ant UBT Int 3ft 18 GHZ SP(SC3-190BUBTR) $ 719.95 0 0 0 0 0 1 0 0 0 10046219 Ant UBT Int 3ft 11 GHz DP(SC3-W100BUBTC) $ 899.85 0 0 0 1 1 0 0 0 0 10046187 Ant UBT Int 4ft 6 GHZ DP(SB4-W60E3UBTC) $ 1,384.25 0 0 0 0 1 0 0 1 0 7705 SAR-8(Dual-48/+24 VDC Support)Cards/Modules 3HE02774AB CONTROL SWITCH MODULE V2(CSMV2) $ 1,050.00 0 0 0 0 0 2 0 0 0 3HE06792EA Fan Module(SAR-8 Shelf V2)Ext Temp $ 330.00 0 0 0 0 0 1 0 0 0 Interface and Application Cards 3HE06151AC 8 PORT GE SFP CARD V3(-48/+24 VDC) $ 2,325.00 0 0 0 0 0 2 0 0 0 Shelves and Switching Fabric 3HE06791AA SAR-8 SHELF V2 $ 750.00 0 0 0 0 0 1 0 0 0 Software 3HE02784MA SAR RELEASE 9.0 BASIC OS LICENSE $ 255.00 0 0 0 0 0 1 0 0 0 I ' SITE TOTAL MATERIAL $ 9,869.17 $ 9,869.17 $ 13,815.85 $ 11,355.83 $ 38,715.91 $ 22,684.28 $ 8,696.67 $ 14,220.23 $ 4,965.75 Summary I$ 134,192.86 NOTES- 1)Subject to Terms&Conditions between Customer&LightSpeed Technologies,Inc. 2)Prices do not include taxes or shipping/transportation which will be billed as appropriate and incurred. 3)Payment Terms: Per LightSpeed Terms and Conditions. 4)Please make Purchase Orders out to: LightSpeed Technologies,Inc. Attn:John C.Brannan 1829 Celeste Dr,Building 1 Wall,NJ 07719 (732)556-0086 Office 5)For expedited processing,Orders should be faxed,or emailed,to John C.Brannon at fax#732-782-0305,or(jcbrannon@LightSpeedT.com). 6)Prices quoted are valid for 30 days. Printed On:2/3/2021/1:14 PM LightSpeed Technologies Inc.-Proprietary Page 1 of 1 DocuSign Certificate Of Completion Envelope Id:3DAE7C8909C84751BFD551AA2546D64F Status:Completed Subject: Lightspeed Technologies I Pitkin County Contract 028.21 for Review and Signature Source Envelope: Document Pages:9 Signatures:6 Envelope Originator: Certificate Pages:5 Initials:0 Pitkin County Procurement AutoNav: Enabled 530 East Main Street Envelopeld Stamping: Disabled Suite 203 Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611 Procurement@PitkinCounty.com IP Address:24.9.118.68 Record Tracking Status:Original Holder:Pitkin County Procurement Location: DocuSign 2/24/2021 10:13:10 AM Procurement@PitkinCounty.com Signer Events Signature Timestamp Jeff Krueger Sent:2/24/2021 10:16:29 AM jeff.krueger@pitkincounty.com f 1,w Resent:3/1/2021 9:04:50 AM Communications Manager Viewed:2/24/2021 10:21:31 AM Security Level: Email,Account Authentication Signed:3/1/2021 9:57:55 AM (None) Signature Adoption: Pre-selected Style Using IP Address:24.9.200.82 Electronic Record and Signature Disclosure: Accepted:6/3/2021 5:22:58 PM ID:29a765cf-3989-4db2-b236-fa3936812ce9 Company Name:Pitkin County,Colorado John C.Brannon, Lightspeed Technologies Sent:3/1/2021 9:57:59 AM jcbrannon@lightspeedt.com G. Bu�.wo„,�;�ld Tcc�i,uoPo�,co Viewed:3/1/2021 10:07:08 AM President&CEO Signed:3/1/2021 11:05:17 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:69.126.26.25 Electronic Record and Signature Disclosure: Accepted:3/1/2021 10:07:08 AM ID:bba1ca26-d0b1-433d-9cb0-bffc2f2e6031 Company Name:Pitkin County,Colorado Phylis Mattice Sent:3/1/2021 11:05:20 AM Phylis.Mattice@PitkinCounty.com PLIUS katti(t, Viewed:3/1/2021 12:41:54 PM Assistant County Manager Signed:3/1/2021 12:42:14 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:65.38.144.66 Electronic Record and Signature Disclosure: Accepted:6/21/2021 8:26:46 AM ID:0ea65361-13bf-46eb-93c2-fd6aa54d58df Company Name:Pitkin County,Colorado Jon Peacock Sent:3/1/2021 12:42:17 PM Jon.Peacock@PitkinCounty.com _ Viewed:3/4/2021 3:31:35 PM County Manager Signed:3/4/2021 3:32:12 PM Pitkin County Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address:75.71.107.170 Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement COPIED Sent:3/4/2021 3:32:16 PM procurement@pitkincounty.com Resent:3/4/2021 3:32:24 PM Procurement Viewed:6/22/2021 3:45:33 PM Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable COPIED Sent:3/4/2021 3:32:19 PM AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/24/2021 10:16:29 AM Certified Delivered Security Checked 3/4/2021 3:31:35 PM Signing Complete Security Checked 3/4/2021 3:32:12 PM Completed Security Checked 3/4/2021 3:32:19 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM Parties agreed to:Jeff Krueger,John C.Brannon,Lightspeed Technologies, Phylis Mattice ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide you with certain written notices or disclosures. 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