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Home My WebLink Aboutbocc.con.174.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 174-2006 Originating Department/Division: Airport Contact Person: David Ulane Phone #: x2853 Project Name: Acquisition of Runway Friction Measurment Vehicle o BOCC AGENDA ITEM (BOO' signature required) ~STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: DNone Dlnformal DFormal [8JSole Source DEmergency DState Bid 0 Check Contract Tvpe: DEmployment (for county employees) Dlntergovemmental Agreement (Requires BOCC Action) DNoR-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment ....'l..u:....,t>-JC:... Contractor/Business (Complete Name):ReflEl Su,;th Akl,;kcl,. LLC Contract Execution Date: August 10, 2006 Contract End Date: Oct 10, 2006 Automatic Renewal (N) Term of Contract: Two Months Dollar Amount: ~ -'/11 (f' / :).d I DServices/Maintenance DLicense/Use DLease DConstruction [8JGoods, Equipment, Supplies DOther (e.g. revenue) Budget Line Item/Ledger Number 001.88.00000.65249 All Contracts should be proofed for the following: DNo Pages Missing Dlf a Page is Left Intentionally Blank -Note on Page DPage numbered consecutively DAll Signatures Affixed DAll Dates Filled In DAll Other Blanks Filled In DAll Exhibits Attached DAll Legal Descriptions Attached (ifappropnate) DNotice of Award/Proceed Attached ((fappropriate) DSpecial Instructions for Finance Department: DSent to Clerk and Recorder for Scanning/Archiving DAuthorized StatTPerson's Name: David Ulane BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCVMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 5-11-06 I (ii. \ 12 21) II b 0: 4 J ,~'11 l-'! I ~: r\! 1'1\ "i~,~~,,'~,(l::' 'i l'iO. 1.109 b (, -"' : Rev. 8/2004 CONTRACT FOR THE PURCHASE OF GOODS Contract Number 174-2006 G/L 404.6700952.86650 THIS CONTRACT is made and entered into this 101h day of August, 2006. by and between Pitkin County, Board of County Commissioners, 530 E, Main Street. Third Floor, Aspen, Colorado 81611 (hereinatter "Buyer") and Mysllik, Inc" (hereinafter "Vendor"). 1. GOODS PURCHASED. Vendor shall provide Buyer the iollowil"g goods conforming to the stated description and any Technical Specifications attached to this contract: See Attached Qvote dated July 10,2006 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manvals, support information and notice of any extended warranties, shall be delivered by Vendor to the Buyer at the following place and time: Place: Aspen/Pitkin County Airport 0233 E. Alrpod Rd., Suite A. Aspen, CO 81611 Dote and lime: No later than October 10 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 ~he 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. 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 after~spection and acceptance. Vendor shall tender a Bill of Sale to the goods, togBti::ler 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 sholl warrant the same, which warranty snail survive closing of this contract. P<\ge 1 of!; ~ -:. ."--: .r.:.- ...-: 1 . d ElS81E:j,/.TR J,.. I II,,.., ., ell: :, 1'), L U (\ b ~J : L ~ ~\r : 1(,: \: ':.~C V,A\,'~,ii~'~ ~Fl US9S D 4 6, REJECTION OF GOODS. If goods are not delivered according to H'Ie specifications and descriptions of this contract Buyer may reject goods. Upon failure of Vendor to deliver goods, Buyer may terminate this contrad or declare Vendor to be in default and pursue remedi 85 contained in this controd, 7. WARRANTY/REPAIRS: A Delivery of Warranty, Upon delivery of the goods, Vendor shall simultaneously tender to Buyer oil warranties, guorontees, manuals and other documents specified by the contract documents or in possession of Vendor. e, Terms of Warranty and Repair, As per the Optional Six Month Warranty and Six Month service contract in the Attached Quote. B. fA YMENT, 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 $41,515,01 (forty one thousand, five hundred fifteen dollars and one cent), but any payment by the Bvyer may be oftset by any amount the Vendor owes the Buyer for any reason. 9, TERMINATION PRIOR TO EXPIRATION OF CONTRACTTERM. 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 eftective date thereof. 10. BUYER'S REMEDIES UPON OEFAULTOF VENDOR.. Whenever Vendor shall default in performance of this contract in accordance with its terms, Buyer sholl be entitled to suit for damages, specific performance or other relief in low or equity. 11, ASSIGNABlILiTY. This contract is not assignable by either pariy. Any use of subcontractors by the Vendor for performance' or-this contract must be accepted in writing by the Buyer. 12, 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 c6i:ldltions of this contract shali be submiHed and finally settled by orbitrotion."Arbitration sholl be conducted pursvant 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. PagG 2 :J,f 5 !; 2'd E:!S611;:1>L,6 I ~.t I II...... 0' DCi '2. 2005 Q:4~AV ~r I ('~ CO VA~AGE~ i\,I(} 0696 c , ,. ) 13. SEVERABILITY, In the event that any provision of thi5 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 beiween the Buyer 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 Buyer and Vendor. 15. EXEMPTIONS AND PREFERENCE~. 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 Stote 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 i, necessary to enforce dny of the provisions ot this contract beyond the arbitration described in Paragraph 13, the substantially prevailing party sholl be entitled fo its costs and reasonable attorney's fees. 18. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that Buyer is relying an 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 ony property damage whatsoever which is caused by the negligence or other misconduct of the Buyer or its agent or employees. 19. CURRENT YEAR OBLIGATIONS. 1he parties acknowledge and agree thot any payments provided for hereunder or requirements for future appropriations sholl constitute only currently budgeted expenditures of Pitkin County as Buyer. Pitkin Courr-ly's obligations under this contract are subject to Pitkin County's annuai right tobudget and appropriate the sums necessary to prOVide the services set forth herein. No proviSions of the contract shall constitute a mandatory chorge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County No provision of the Page3of5 t/ E:'d ETS8TEi-L.TB )"C:HJ~~H'1 W e;~;Rn Qn 71 ~~n IJCI;LLOO!J :::U~\I L.' ~ I < : '\ ~: (\, \11,~ \: =- :1. ~!U. '.liJ% 'I. 6-- .' contract sholl be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other tinancial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract sholl not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current tiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Piikin 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 closs or source of Pilkin County's money. 20. NOTICE. Any written notice required by this contract shall be deemed delivered through any 01 the following: (1) hand delivery to the person at the address below; (2) delivery by focsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified fir,t class moil. postage prepaid, return receipt requested addressed os follows: A. To Pitkin County David Ulane. Aspen/Pitkin County Airport 0233 E. Airport Rd" Suite A Aspen. CO 81 611 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81 611 Fox (970) 920-5198 B. To Vendor: Bill Myslik ' Myslik. Inc. 22751 Sunrise Drive Morrison, CO 80465 Fox: 1303) 697-6962 IN WITNESS WHEREOF, the parties hove executed this contract os of the date first set out herein above. ..... By: ~ ,~:-, PITKIN COUNTY COLORADO B~~/ 741~JL/ - ,,- / VENDOR: " '. Page40fG /" ? v'ci E:ISBIE1>L.16 I--'ll I 'I'..... " C!C;, 12, 2n06 Q: Ld.,6,~\~ I~'-TIC'\: C:," \~p,,~=p, :m 0696 D , I Title: Asst. Aviation Director Title: .~ -, Page 5 of5 b S'd Et~RTF:'bo/.TA 01: I. ; L ) I) U 6 'J ~:Ac,1 ~ I: \~ ~~ CU \~,6,'\1,0,(~1 ~ i~IJ 1J6% F. : 22751 SUf'\riee Dri\!'B, Mcrnson, co 80'165 PH..'jD'J.69.,~,g692. r:ax-30'J,..697M9683 CeH~2D3-61D-OS.21 E-mal1: bmysllk:@juno.com MYSLlK, INe Fax To, Dave Ulane - Aspen Airport From, Bill Myslik Fax: Pages: 2 Phon.., 970-428-2853 J>a te, 711017006 R'" S:;Jab Friction T oster quo1.9ti~n ce: o Urg"nt 21 For Review o PJesse Comment 0 Please R~pty o Please Recycle Oavo Ulanel We are. pleased to quote you the following: 1991 Saab 900 - FriGtion tesler with MACH III Eleclronios ~VIN # YS3AL36l1M5000749, currently wllh 24,000 miles. The .unlt i9 in very good rondltion. It was certified in Jenuary of 2004, and has not been used since. The certlncatlon is valid for one year, so you will need to have it certified Plior to putting into selViGe PRICE FOR VEHICLE - FOB ASPEN AIRPORT- $31,500.00 . ADDITIONAL COST CERTIFICATION AND THREE DAYS OF EXTENSIVE TRAINING - $3,000.00 OPTIONAL 6 MONTH WARRANTY ON FRICTION TESTING EQUIPMENT.This warranty would cover parts and selVice required 10 repair any part of the cornpU1er-mechanical part of the SFT MACH III system. Travel expenses to I (rom Denver, would be p"'yable by the olrport - $2,000.00 OPTIONAL SERVICE CONTRACT. If after the warranty period, the airport would like to enter into a service contract to repair / mainlaln thEl.l,ictlon testing equipment of this unit, MYSLiK,.lnc. woulll provide this service at a rale of - travel time - charged at a rale of $25.00 per hour, plus travel expenses (fuel) and hotel and food - (should the repair I maintenance require two days). Per man-hour rate for this selVice would be $75.00 per hour - (no minimum charge) Upgrade to existing single, run -Mk3 (MACH III) Gomputer to SC 2000 Specifications. Includes extended flash module with multiple tesl run memory. HS serial communicalions modification, new firmware far vehicle computer an~ustom data Gable harness, configured and prepared For direct installallon into eXisting CPU 01 theSaab 900 unit. . PRiCE - $1,250.00 FT Vis,^, Program e. Data Link License: allows 8FT to PC data file transt~r using direct cable, wireless radio modem~ and / or cellular modems. Full Data collection, transfer, 'lnalysis and printing software 1 S'oI E: I <:;A l ",..I T" CC~, '2. 2n85 0:d3A~ D:T~~~ co ~A~AG~~ \'n 'J")!' 1'1 J, ,U ;1 D 0 " L July 10, 2006 package Version 3,30 (W2K or XP). Includes custom SFT to PC d~ta cable - same thaI I. used at 80S. ATL, SLc, OAL, SFO PRICE. $2,550,00 SUGGESTED SPARE PARTS- 8as~d on hDurs on unit. Mk 2 SFT Chain kit #7469349- (for rear test transmissiDn) matched set - PRICE - $670.45 $528.56 SFT chain kit #7469356-(for frDnt transfertransmissiDn) matched set - PRICE SFT Chain IDCk # 7488596 - PRICE- $16.00 The above parts are Dnly suggested paris that mayor may not be needed In the near future. These Items usually <;Ire rep[ace<:l every 3.000 miles of testing to ensure accuracy or test results. If these items were found to be questlDnable at the time at certifIcation, we w6uld assist the County shop mechanics in performing this task If at the time Df cerlificatlon they are fDund In good condition and would not need to be replaced immediately Ifor accuracy of te.t resutts). we would assi.t the CDunlY shop at a later dBte In performing this task. DElIVERYTIMEo - The unit could be delivered within 7-10 days ARO Should you have any queslions regarding teis quotation, please contact me, Thank you fDr the opportunity Sincerely, 8ill Myslik Sales I Operations Msnager '...... , '. . 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