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CHECK LIST
FOR CONTR-\CTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNINC/ ARCHIVING
Originating Department/Division: A ir-Pt>-r f
Contact Person: ~ (J( aAL Phone #:
Project Name At2..-FF &...;fd~, Av..J.,'D r!.su.r;.,( ~"'.", Contract #:
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BOCC AGENDA ITEM
(BOCe signature required)
rt- STAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
_None --2<=- Infonnal _Formal_Sole Source _Emergency _State Bid _
Check Contract Type:
Dollar Amount: $ 2'6, 53"'. fr,3,
Services/Maintenance
License/Use
Lease
Construction
+ Goods, Equipment, Supplies
_Grant Agreements (Requires BOeC Action)
_ Change Order/Contract Amendment
Other
BudgetLineItem 4Dt.(. by. ql(77~. 'i?(P~()
_Employment (for county employees)
_Intergovernmental Agreement (Requires BOee Action)
Non Profit
_Quasi-Public
Contractor/Busi~ess (Complet~ Name): t4^'S' '11~rtt-f.u1 S'f.~-k.-I^""..s
Contract ExecutlOn Datc: Apr. ( n I ~ ~ Contract End Date: Af'11 17, U>t> ")
Automatic Renewal (Y/N): Ai Term of Contract I year(s)
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Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date: tf 2.9'. t:ib
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mFORMALPROCUREMENT
MEMORANDUM *
TO:
File
FROM:
David Ulane, Assistant Aviation Director/Administration
RE:
ARFF Building Audio Visual Equipment
DATE:
April 14, 2006
This project was to bid a variety of audio/visual equipment for the airport's new ARFF Building.
Requests for Proposals for A V equipment and other furnishings were distributed via
DemandStar. Only one company, ANSI, bid the A V portion.
Budget: $175,000.00
Contractors Contacted: See above
Proposals Received: Only ANSI was responsive- $28,534.63
~~
Authorized Signer
q ~\'-I.~~
Date
* For sole source, emergency procurement or state bid, use designatedforms on the m/drive
under "Other procurement" instead ofthisform.
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CONTRACT
FOR THE PURCHASE OF GOODS
Contract # 092-2006
Budget line item # 404.69.94778.86000
THIS CONTRACT is made and entered into this 1 ih day of April, 2006 , by and
between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third
Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Audio Visual Network Systems
Integrators (ANSI), (hereinafter "Vendor").
1. GOODS PURCHASED. Vendor shall provide Buyer the following goods
conforming to the stated description and any Teclmical Specifications attached to
this contract:
As per the 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 by Vendor to the Buyer at the following place and time:
Material shall be available for delivery and installation at the Aspen Airport
Operations Center, 1001 Owl Creek Rd, Aspen, CO 81611 on May 30, 2006
pending completion of the proposed facility by others. Upon notification by the
Buyer of availability of the Airport Operations Center (scheduled for completion
early June, 2006), the Vendor shall have two weeks to schedule delivery and
complete all necessary installation no later than 4 weeks from date of notification
of availability of the facility. Materials shall be released for delivery by the
Buyer no later than September I, 2006.
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 that time is of the
essence for delivery of goods.
5. LIOUIDATED DAMAGES. Vendor hereby agrees to be responsible to
Buyer for liquidated damages for failure to deliver goods on time, (for delay and not as
Penalty) in the amount of $250.00 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 an~ to be deducted from purchase price.
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6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only
upon acceptance by Buyer. Buyer shall have seven (7) days 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 bc 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.
7. REJECTION OF GOODS. If goods are not delivered according to the
specifications and descriptions of this contract, Buyer may reject goods. Vendor shall
seven (7) days additional time to deliver goods in conformance with this contract. 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.
8. 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 two 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 tht:: goods that may be required or made necessary by reason of
dcfective matcrial or workmanship, in accordance with the Service Contract
attached as Exhibit "B".
9. PAYMENT. Full payment shall occur upon acceptance of goods
delivered in compliancc 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 $28,534.63
(twenty four thousand, five hundred thirty three dollars and sixty three cents), but any
payment by the Buyer may be offset by any amount the Vendor owes the Buyer for any
rcason.
10. 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.
II. 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.
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 Buyer.
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13. BINDING ARBITRATION. Any disputes arising out of this contract
shall be 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 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.
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 Buyer and Vendor and supersedes all prior
negotiations, representations, or contract, either written or oral. TIlls contract may be
amended only by written contract signed by both the Buyer and Vendor.
16. EXEIvlPTIONS. 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 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.
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
Buyer is relying on and does not waive, by any provision of this contract, the monetary
limitations or tenus (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 any property damage whatsoever which
is caused by the negligence or other misconduct of the Buyer 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 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
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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.
21. 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:
A.
To Pitkin County
David Ulane
Aspen/Pitkin County Airport
0233 E. Airport Rd.
Aspen, CO 81611
Fax: (970) 920-5378
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
B. To Vendor:
ANSI
9900 E. 51 st Avenue
Denver, CO 80238
Fax: (303)574-1115
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set
out herein above.
VEN~ ~
BV "t.,. Q
PITKIN~ COLORADO
BY:~
Authorized Signer
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Project Title
Aspen Airport Operations Center
Exhibit "B"
Service AQreement
The ANSI Integrated Systems Support Package has been designed to provide our
customers with comprehensive and cost effective service and support. This document
identifies the services covered during the support agreement period and the available
options.
The Integrated Systems Support Package offered by ANSI protects the customer from
product or system failure during the term of the agreement. The customer is assured
that their request for service and support will take the highest priority and on-site
response will occur within 12 business hours. Equipment purchased by our customer
has a specific manufacturers' warranty period, usually 90 days to one year in length.
Warranty coverage generally requires the customer to uninstall the product, return it to
an authorized depot service location for repair and finally reinstall the repaired product.
We have put together a well trained, customer service oriented, technically experienced
service team and look forward to supporting your integrated multimedia system needs.
ANSI makes available to its customers a premium service, Integrated Systems Support
Package including the following services:
Priority Service Status, Unlimited Telephone Support,
Parts repair or replacement
On-site labor with 12 business hours response time
Two preventative maintenance visits per year
This package provides the following benefits:
. Comfort knowing that our expert service staff backs the integrated system.
. The convenience of calling ONE company to handle all service and support
requirements.
. The ability to budget your service and support and pay one fixed price. This price
includes all parts and services required for the maintenance of the system during the
period of the agreement.
. Integrated Systems Support Package customers receive preferential response over
non-agreement customers, minimizing downtime. ANSI's service organization is
dedicated to providing the quickest, most effective service to insure that every
system operates at its optimum level.
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Project Title
Aspen Airport Operations Center
Pricing for the Integrated Systems Support Package:
The Integrated Systems Support Package price is based on a percentage of the
installed system contract amount. Single year agreements may be purchased on a
yearly basis. Owner-furnished and existing equipment may also be covered if evaluated
by ANSI and listed in the agreement.
ANSI is pleased to include a 1 year service contract on installation of the Audio visual
system. A standard 2 year manufactures warranty is included on the equipment.
./ First year Agreement purchased with Integrated System 2 Years 7.0%
prior to Job Sign-Off
The ANSI Integrated Systems Support Agreement will insure on-site and in-shop service for
covered equipment listed on Exhibit "An of this contract during the period designated by the
original manufacturer's warranty, and extended through the two year period of this
Agreement. Additionally, ANSI will perform Preventative Maintenance on the equipment
once every 180 days, for the duration of this Agreement.
All labor and parts as defined in this agreement shall be covered for the period of this
agreement. Parts such as CRTs, LCD panel, Plasma Panel, DLP optical engine, ILA
type optical units and bulbs are not included.
Twelve (12) business hours On-site response time. ANSI's normal business hours are from
8:00am to 5:00pm Monday through Friday, excluding holidays. The customer is encouraged
to call anytime and we will attempt to assist with any and all available resources.
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