HomeMy WebLinkAboutresolution.council.169-23RESOLUTION 4109
(Series of 2023)
A RESOLUTION OF EHE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER FOR THE CONTRACT
BETWEEN THE CITY OF ASPEN AND BARBIZON LIGHT OF THE
ROCKIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Change Order
For the purchase of necessary spotlight equipment accessories as part of the
Spotlight Acquisition project, between the City of Aspen and Barbizon Light of the
Rockies, a true and accurate copy of which is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Change
Order for the purchase of necessary spotlight equipment accessories between the
City of Aspen and Barbizon Light of the Rockies, a copy of which is annexed
hereto and incorporated herein and does hereby authorize the City Manager to
execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 141H day of November 2023.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held November 141h 2023.
Nicole Henning, City Clerl{
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
T
CITY OF ASPEN
General Information
Vendor
Change Order Number
Date of Issuance
Project Name
Project Number
Project Completion Date
Project Manager
COA Account Code
Project Information
Contract Information
Change Order Form Revision 12/08/2021
Change ®rder F®rr"
Barbizon Light of the Rockies, Inc.
September 27th, 2023
Spotlight Acquisition
2022-323
December 31st, 2023
Cody Kosinski
120.513.31200.57540.51515
Barbizon will provide 2 LED spotlights with accessories.
Initial project funding covered cost of two spotlights and
accessories for one spotlight. This change order increases
project funding to cover the cost of remaining accessories.
Original Contract Amount $46,033.11
Previous Change Orders] I $ n/a
Page 1 of 2
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount
(Including All Change
Orders)
Revised Completion Date
Signature
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
Change Order Form Revision 12/08/2021
-
$17,339.47
$63,372.58
December 315t, 2023
Doeuslpn•A by:
91488CME09404 _ --- _
DocuSigned by:
C,b i?eSlt�,Sl�l
— -- ----
04E3 A23Eg604CD...
DocuSigned by:
(�Sa N sV� r L.Tu)61At
6DDB840TO72 460...
DocuSigned by:
A4AI Vim.:.
466F766D8A5B4E6...
Docu3lgnN by:
.+t,S F.
432FOA40A55C4BD...
D•eusl*n•d by:
SOWPW top. VIT
2DA4D214EE18425.1.
10/3/2023 17:24:31 AM MDT
10/3/2023 � 9:36:42 AM MDT
10/5/2023 111:01(:06 AM MDT
10/3/2023 � 9:22:05 AM MDT
Original contract, if applicable all other change orders, and vendor quote for requested
change order must be attached to this document.
For additional information: See Procurement Policy "Change Orders And Add Services
Request" (page 30).
Page2of2
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
H T l NI`�-'r0 M P A N Y
www.barbizon.com
BARBIZON LIGHT OF THE ROOKIES, INC.
8269 E 23RD AVE, SUITE 111
DENVER, CO 80238
Phone: 303-394-9875
Fax: 303-355-5996
Sold To:
WHEELER OPERA HOUSE
320 EAST HYMAN AVE
ASPEN, CO 81611
ATTN: CODY KOSINSINKI
Page:
Qu ote 9/22/2023
Order Number: 0367078
Order Date: 9/22/2023
Customer Number: WHEEL02
Ship To:
WHEELER OPERA HOUSE
320 E HYMAN AVE
ATTN: CODY KOSINSKI
970-61 &3779
ASPEN, CO 81611
Customer P.O. Ship VIA Entered By Terms Pmt Type
CODY KOSINSKI GGROUND RPDM NET 30
Item Number
Warehouse Bin Ordered
*ROBE10580295 DS
ROBE ROBOSPOT BASE STATION SET
1.000
IN SINGLE TOP LOADING CASE -WITH POWER CABLE AND TRIPOD
* 10980409 DS
MONITOR SHIELD
MONITOR SHIELD AND NOTE HOLDER FOR ROBOSPOT BASE STATION
FREIGHT CHARGES ESTIMATED -PREPAY &ADD
SUBJECT TO BARBIZON Sr����A7�®I�ffk�lld��(�D�117I�NS
Any unpaid balances after (30) days will be subject to a 1-1/2% Service Charge per month. Collection Costs,
attorneys fees and all costs incurred through outside services are to be paid by debtor. Pricing reflects a 3%
discount for payment by cash, check or ACH. Payment by wire, credit or P-card voids this discount.
Page 1 of 1
12:04:45PM
EST. SHIP DATE
11 /22/2023
Price
16,473.470
400.000
Amount
16,473.47
400.00
Net Order: 16,873.47
Freight: 466.00
Sales Tax: 0.00
Order Total: 17,339.47
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2022-323
AGREEMENT made as of 21 st day of October, in the year 2022.
BETWEEN the City:
The City of Aspen
c/o Wheeler Opera House
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5055
And the Vendor:
Barbizon Light of the Rockies
8269 East 23rd Avenue
Suite 111
Denver, CO 80238
Phone: (303) 394-9875
Summary Description of Items to be Purchased:
Contract Amount:
Total:
$46,033.11
If this Agreement requires the City to pay
an amount of money in excess of
$501000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
2 LED spotlights: ROBE 10580295 &ROBE 105118323 with accessories
Exhibits appended and made a part of this Agreement:
Exhibit A, page 6 of this document: 0359310
Exhibit B, page 7 of this document: Warranty details
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 320 E Hyman Ave, Aspen, CO, 81611)
[Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
4. Warranties. See Exhibit B for details
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement 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,
9. Attorneys Fees. In the event that legal action. is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and. reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
11.
Certification Reaardina Debarment, Suspension, melifyibility, and Volun
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties A;;ainst Continent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non -Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
A Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein, of which, to all intents and purposes, shall be
considered as the original.
FOR THE CITY OF ASPEN:
DocuSipned by:
l`"
�-NO,e-
12/1/2022 � 12:35:52 PM PST
Date
SUPPLIER:
DocuSipned by:
By
Kelly van oosbree
sales
Title
11/29/2022 � 10:32:10 AM MST
Date
Approved as to form:
DocuSlened by:
12/1/2022 � 1:16:42 PM MST
Cit'yAttorneyYs 0ffice
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
.,
L I G H 'T 1 %",G (�b m P A N Y
BAI�BC LHT CE THE (�CCICES, I�1C.
269 E 23 D AVE. SUITE 111
DE I ER� CO 80238
Phones: 303-3�-9t375
Fax: 30�355-5996
5vtd Tyr:
V'VHEELEP C:BEi�A I-IDSE
320 EAST HY AIN AVE
ASP Eft, CO 81611
ATT��f: CCDY I{C€SII�lSIt+�I
u=
p�7
C f 1 1 £C0 0 59? 14
r�€�c�t� [3ate: 11i4�"2022
Ex z ration Date: 1 112022
+�c�steaer Alurr�tser v���-IEEL02
�'�1EEI_EI; C,PE�A I-�CL�SE.
32G E HYMAN AVE
ASP'ENv CD 81611
�ttstr P_(�. strip VGA Ent�+€� By Terrs�s Prf�t 3e
CCRCIiND RKLV NET 3£i
lb�et� �Fub�r C�uatntity
y E1358025 �Ot1
F;CBE �I�i3CSPT BASE STATICt� SET
IN
SINGLE TOP CADtIC CASE -WITH POWER CABLE ADD R�PD
��'�E 10518323
��iBE ESPF+`�TE ES
IN
SI4LE TCE LCADII'C CASE - �hlCLIES PXCtER CABLE:
F�rrtcg
2'S>59.10'8
21 ��69.30Ct
J�imosanf
2559.00
21 a 6�.1i
,�aAI<ETt' BLA.Cl 2.000 3.530 7.00
SAFETY CABLE BLACK tr�8:30'°
LSt'AfB 2.600 41.G0 82_}6
i�EC,�-C� BLkC
CS-EC-IO-LEA 1.000 65_G 65.00
ETHECC CAT51tiHExY DLtT'�" E�TE(�SCt
P4
-DP 1.000 42wGOG 4100
SHIN p��1 1t�` �ATA�LE:
QUOTE
DIES NOT CONTAIN St-I1PP€NG CHARGES
HANK
YOU ECF; THE OPPORTUNITY C QUOTE!
ru ntr»rrf c hw2 !; ImNf ;fwd r:er Witt, *esf r:t l r am fh i�q t ojt�4d f*r 64%fine�*;m: f: sm lewi�d off
Ear::ar`� *t Irxa:r�i�:
Any urpaf:f t>rtaes after () clays w111 be sWject t4 a 1-1,1% ."iePvfGt: t1'ge Wit' mort1 E. CobeCtOrl-Costsz
atiarney feei aid afl 4:'5 Incurred Mvp 4Oe cis are tote *aft byy. €fit Pg teF*cls a 3%
do.tr".tar payment by cash, ek or:N_ PayT*nfi b.Y wire, ored or P vois s dlscourta
47424.06
Fret:
Saps T arc: 0.0�3
�rci�r �'trtai[: 4,424.i10
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
www.barbizon.com
BARBIZON LIGHT OF THE ROOKIES, INC.
8269 E 23RD AVE, SUITE 111
DENVER, CO 80238
Phone: 303-394-9875
Fax: 303-355-5996
Sold To:
WHEELER OPERA HOUSE
320 EAST HYMAN AVE
ASPEN, CO 81611
ATTN: CODY KOSINSINKI
Page: Page 1 of 1
11 2022 11:10:45AM
Order Number. 0359310
Quote Date: 11 /4/2022
Expiration Date: 12/31/2022
Customer Number: WHEEL02
Ship To:
WHEELER OPERA HOUSE
320 E HYMAN AVE
ASPEN, CO 81611
Customer P.O. Ship VIA Entered By Terms Pmt Type
Q GGROUND RKLV NET 30
Item Number
*ROBE10580295
ROBE ROBOSPOT BASE STATION SET
Quantity
IN SINGLE TOP LOADING CASE -WITH POWER CABLE AND TRIPOD
*ROBE10518323
ROBE ESPRITE FS
2000.
IN SINGLE TOP LOADING CASE -INCLUDES POWER CABLE
Price
16,473.470
14,085.820
Amount
16,473.47
28,171.64
SAFETY BLACK 4.000 3.500 14.00
SAFETY CABLE BLACK 1/8X30"
LS M W B 4.000 41.000 164.00
MEGA -CLAW BLACK
C5-EC-10-LEX 2.000 65.000 130.00
ETHERCON CAT5 10' HEAVY DUTY EXTENSION
5P-10-DP 2.000 35.000 70.00
5PIN DMX 10' DATAPLEX
*10980409
SHIELD
MONITOR
1.000
MONITOR SHIELD AND NOTE HOLDER FOR ROBOSPOT BASE STATION
ESTIMATED GROUND FREIGHT BELOW
THANK YOU FOR THE OPPORTUNITY TO QUOTE!
The prices quoted herein are valid for thirty (30) days, except all prices are subject to change due to changes
in duties, tariffs, border adjustment taxes, and fees whether foreign or domestic at any time following the date
of this Quote. In addition to the prices quoted herein, your company shall be responsible for and shall pay for
all applicable federal, state and local sales, use, property, excise and other taxes, duties, tariffs, or
governmental charges imposed on or with respect to any items quoted herein, except taxes levied on
Barbizon's net income.
Any unpaid balances after (30) days will be subject to a 1-1/2% Service Charge per month. Collection Costs,
attorneys fees and all costs incurred through outside services are to be paid by debtor. Pricing reflects a 3%
discount for payment by cash, check or ACH. Payment by wire, credit or P-card voids this discount.
400.000
Net Order:
Freight:
400.00
45,423.11
610.00
Sales Tax: 0.00
Order Total: 46,033.11
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
Robe Lighting, Inc.
3410 Davie Road, Suite 401
Davie, FL 33314
USA
ROBE WARRANTY
Phone: 954 680 1901
Fax: 954 680 1910
Email: info@robelighting.com
Robe warrants all goods delivered to be free from defects in design, material, and workmanship under normal
use. The warranty period, which is calculated from the date of purchase, is as follows:
a. Robe branded new goods: 24 months
b. Robe B+stock: 18 months
c. Robe B Stock: 12 months
d. Esprite Engine: 4 years / 20,000 hours. Whichever comes first.
Robe will remedy all defects covered by the warranty by repairing or replacing the defective goods or parts
thereof at Robe's sole discretion. If the Robe Authorized Dealer can be reasonably expected to be able to repair
the defective goods, using if necessary, the advice of Robe's technical department, Robe may fulfill its warranty
obligations by sending the necessary replacement parts to the Dealer free of charge. If the Dealer cannot be
reasonably expected to be able to do the repair, the Dealer shall return the defective goods or parts thereof to
Robe, and Robe shall repair the goods or parts or replace them at its own expense and risk. The Dealer or End
User Customer shall assume the transportation expense and risk to Robe facilities, and Robe shall assume the
transportation expense and risk returning the goods to the Dealer or End User Customer.
All defects covered by the warranty must be notified to Robe's technical department by facsimile or e-mail
immediately after the defects were discovered, failing which the Dealer shall be deemed to have waived its right
to rely on the warranty.
The warranty does not cover parts prone to normal wear and tear (fuses, brushes, contact rings, lamp sockets,
and belts), defects or damage by external causes such as accident, abuse, misuse, dirt, dust, corrosion,
modifications, or results of Acts of God such as lightning strikes, earthquakes, flood, terrorism, and other
circumstances outside the reasonable control of Robe.
None of the warranties contained herein shall apply, unless the total purchase price for the defective finished
goods or parts has been paid by the due date for payment.
The Dealer shall have no other remedies in connection with defective goods than the warranty right and Robe
disclaims and excludes all other warranties, statutory, express or implied, including, without limitation, any
warranty of merchantability or fitness for a particular purpose or any warranty arising out of any course of
dealing, Dealer or usage of trade.
www.robelighting.com �
DocuSign Envelope ID: 77CCE612-B3ED-490E-9C83-04BAD27AEAA5
Robe Lighting, Inc.
3410 Davie Road, Suite 401
Davie, FL 33314
USA
Phone: 954 680 1901
Fax: 954 680 1910
Email: info@robelighting.com
www.robelighting.com �