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HomeMy WebLinkAboutbocc.con.092.2006 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 #: - L{2..'I. 2-~S3 C8 2. - z.ov v 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) 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/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning/Archiving Date: tf 2.9'. t:ib Signature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will ke'~p original documents in compliance with Colorado State Archives retainage schedule. pcjnlj I ww Ig Iscan nning Icounty cOlt1ra cts Inarrative Ichecklistsheet Hej,i\ni b\' .Jod! \ '{ ,!}~ 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. 3 ?- , 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. 1 J; 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. 2 4- 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 3 6 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.,. 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N . to ' o~o M ~ 00 "'I;'; ~ -,M'" <moui I-'~ ~ >- rc ii'i ~ '" . 1 ~g I-'z 0- ~~ "0 "'I-' ~3 ","' ..DO sg ~::) ....I j:!: 12 ::Ii o o 0: o '" ..; <0 ... '" .. ... M "' .; '" --- ~ ... .i!! ~ '0' .2! ~ E '" '" !!!. '" " cue: '" e ~ "0. ~ n :::?:E E~ .g-& .2! '" ~~ o.ID ~1iS 1:~ .~ ~ 2' x ...J l.L~~ 12 c z ~ Cl '" 411!" ... 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. ~~r q -.., ~ 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. \n