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Home My WebLink Aboutbocc.con.105.2005 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Contact Person: Project Name ~r~. Phone #: Contract #: BOCC AGENDA ITEM (BOCC signature required) STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check proc~ur/ement type: None ~---Informal Check Contract Type: Dollar Amount: $ Cat~ ,q~4~.~ Services/Maintenance License/Use Lease Construction __Formal Sole Source Emergency State Bid __ Ledger Number Employment (for county employees) Intergovernmental Agreement (Requires BOCC Action) Non Profit ___Quasi-Public ~Goods, Equipment, Supplies Grant Agreements (Requires BOCC Action) __ Change Order/Contract Amendment Other CONTRACT Contractor/Business (Complele Nime): 1~,t~ e~o~rl:~ Contract Execution Date: ~[LglD,~~ Contract End Date: Automatic Renewal (Y/N): ~ Term of Contract _year(s) All Contracts should be proofed for the following: · No Pages Missing · · If a Page is Left Intentionally · Blank - Note on Page · · Page numbered consecutively · · All Signatures Affixed · All Dates Filled In All Other Blanks Filled In All Exhibits Attached All Legal Descriptions Attached (if appropriate) Notice of Award~l~tlt SIGNATURE Se~ecorder for Scanning/Archiving ~ Date: Authorized Staff Person Signature of authorized staffperson indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. STAFF AUTHORIZED SIGNATURE ~ CONTRACT Rev. 8/2004 CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT is made and entered into this 25~h day of August, 2005, by and between Pitkin County, Board of County Commissioners, 530 E, Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Rytec Corporation (hereinafter "Vendor"). 1, GOODS PURCHASED. Vendor shall provide Buyer the following goods conforming to the stated description and any Technical Specifications attached to this contract: See Attached Exhibit "A" 2. 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 Buyer at the following place and time: Place: Aspen/Pitkin County Airport 0233 E. Airport Rd., Suite A. Aspen, CO 81611 this contract. Date and Time: Within 90 days of the execution of 3. RISK OF LOSS. At all times prior to delivery and Buyer'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 tlnat time is of the essence for delivery of goods. 5, ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer shall have three days for inspection of goods. At delivery and afffer 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 Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. Page 1 of 8 6. REJECTION OF GOODS, If goods are not delivered according to the specifications and descriptions of this contract, Buyer may reject goods, Upon failure of Vendor to deliver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 7, WARRANTY/REPAIRS: A, Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer 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 Five Years after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, 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 Buyer. 8. 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 Buyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of US $49,945.00 (forty nine thousand, nine hundred forth five dollars and zero cents, U.S.), but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any reason. 9. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. Buyer 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, 10. BUYER'S REMEDIES UPON DEFAULTOF VENDOR, Whenever Vendor shall default in performance of this contract in accordance with its terms, Buyer shall be entitled to suit for damages, specific performance or other relief in law or equity, 17, 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 Buyer. Page 2 of 8 12, BINDING ARBITRATION. Any disputes arising out of this contract shall be subiect 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 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, 13, 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 14. INTEGRATION AND MODiFiCATION. This contract represents the entire and integrated contract between the Buyer and Vendor and supersedes all prior negotiations, representations, or contract, either wdtten or oral. This contract may be amended only by written contract signed by both the Buyer and Vendor. 15. EXEMPTIONS AND PREFERENCES. 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. 16. 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. 17. 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, 18. GOVERNMENTAL IMMUNITY, Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000.00 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 Buyer 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 Buyer for any injury to any person or Page 3 of 8 any properly damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 19, 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 Buyer. 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, 20, 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 David Ulane, Aspen/Pitkin County Airport 0233 E. Airport Rd., Suite A Aspen, CO 81611 with copies to: Pitkin County A~orney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 Page 4 of 8 To Vendor: Ryan Talbot Rytec Corporation 200 W, Summit Ave., Suite 210 Wales, WI 53183 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: Title: PITKIN COUNTY COLORADO Page 5 of 8 Exhibit A 8-17-05 Rytec Corporation Pitkin County Airport/Aspen QUOTATION RYTEC Corporation is pleased to quote the following: All pricing includes: Material, Labor, Freight, Excluding Tax TOTALS49,945.00 QTy 'r DESCRIPTION ( 2 ) RYtec® Turbo-Seal® Model TS6000 High-Speed Rolling Door Door Size: 12'W x 8'H Door Panel: Heavy duty 2-ply multl-f'lament Ri on'" door panel material with optional replaceable window panels. Optional wind ribs provide stability in negative pressure environments. Three-year limited warranty. Side Frames: Fully bolt-together, reinforced side frames with full height vinyl weather seal to seal against panel material. Bottom/Bar: Break-Away~-~ extruded aluminum bottom bar capable of releasing in either direction without damage to door. Opening of side covers is not required to reset bottom bar. Electric or pneumatic auto-reversing edge standard. Dual cut-off switches shut off motor when bottom bar is impacted. No exposed junction box on bottom bar. Vinyl loop hugs floor contour for tight seal. Counterbalance: Dual guided counterweights custom-sized to provide proper balancing of each door. Drive System: 3 ph, variable speed AC Drive motor with brake and absolute encoder. Motor and all electrical components pre-wired at factory. Travel Speed: opens at speeds up to 100 inches per second. Electrical Controls: System 3TM door controller features integrated AC Drive, pre- programmed menu options, and self-diagnostic capabilities. Controller housed in a NEMA 4 rated Page 6 of 8 enclosure with vision window. Control panel fully assembled, wired and tested at factory. Controller equipped with non-adjustable cycle counter with LED readout. ACTIVATOR AND ALTERNATE OPTION,~ · Surface mounted pressure switch (2) ....................................... = Included · Heavy Duty Wash Down Motors (2) ....................................... = Included · Two Wind Ribs (1) Per Door ..................................................... Included · Low profile Bottom Bar & Header Assembly .............................. = Included " Nema 4 X Stainless Steep Control Box (add) = $ 720.00 Per Door..= $1,440.00 QTY DESCRIPTION (6) Rytec® Bantam® High Performance Manual Roll Door Door Size: 12'W x 8'H 32 ounce, repraceable vinyr panel sections with 17 inch by 17-inch replaceable PVC vision window Modular construction allows for easy installation Heavy-duty extruded aluminum side frames Integral panel connecting ribs provide resistance to wind and negative pressure Patented Quick-SetTM Break_AwayTM bottom bar can be reset, without tools, in seconds Chain hoist and governor allow for simple and easy-to-use door operation ACTIVATOR AND ALTERNATE OPTIONS · 2 Ply Rilon / Curtain Material Upgrade .............................. = Included · Motorized Version (add) $1,140.00 Per Door ................ $ 6,840.00 If installation is listed in this proposal, the equipment is considered real property improvement; therefore, is not taxable to you, as the customer. Rytec is responsible for remitting any taxes to the state, if installation is not included in this proposal, Rytec will be adding sales tax to the invoice unless a valid exemption certificate is provided. Page 7 of 8 INCLUDES: 12 month MONEY BACK GUARANTEE 1.5% discount for paying net 10 days Lead time 4-5 weeks Low voltage 3 year warranty on 2-ply Rilon curtain EXCLUDES: Dumpster Permit, fee's, bonds, special tests & request Solid backing and sound controlling insulation 3 - phase power MUST be provided - High voltage Tom Sherry, Creative Door Solutions Inc. Page 8 of 8