HomeMy WebLinkAboutbocc.con.171.2014 Rev. 08-30-11 jls
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COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 171-2014
ORIGINATING DEPARTMENT: Open Space& Trails
PROCUREMENT OFFICER: Lindsey Utter PHONE#: 5224
PROJECT NAME: Elk Park Interpretive Signs CONTRACTOR: Arapahoe Sign Arts,
Inc.
DOLLAR AMOUNT: $23,360.00 LINE ITEM # 118.75.02211.86236 and 118.75.02211.86237
CONTRACT EXECUTION DATE: 5/30/2014 CONTRACT END DATE: 8/8/2014
AUTOMATIC RENEWAL: ❑ YES ®NO TERM: two months
❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Section Leader&County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None ❑ Informal ❑Formal ® Sole Source ❑ Emergency ❑Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement (Resolution Required)
❑ Lease ❑Non-Profit
❑ Construction ❑Quasi-Public (e.g.-AVH)
®Goods, Equipment, Supplies ❑Grant Agreements(Notify Finance& Resolution Required)
❑Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or 125K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ®No Pages Missing ✓®All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank—Note on Page V®All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached Of applicable)
✓ ®All Original Signatures Affixed ✓❑Notice of Award/Notice to Proceed Attached (if applicable)
✓ ®All Dates Filled In ✓❑ Warranty(if applicable)
✓ ® Special Instructions for Finance Department: #5 Liquidated damages at$100/day
✓ ® Authorized Procurement Officer's Name: Lindsey Utter
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract# 171-2014 Rev 8.25.1 I jaa
Budget Line Item # 118.75 02211 86236 118.75.02211.86237
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: 05.29.2014
FROM: Lindsey Utter
Proposed Contractor: Arapaho Signs Product/Service: Interpretive Panels for Elk Park
Estimate expenditure for the above construction service: $ 26,000
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain: Elk Park interpretive panels have been very specifically designed working with our Steering
Committee and Design consultants and to match similar panels designed for the coke ovens (and
to be fabricated by Arapaho Signs). The construction of Elk Park is divided into two phases due
to grant money received. Each phase has panels in them. In order to save time,money and to
have quality control, OST would like to sole source the interpretive panels directly to Arapaho
Signs and then have them be an "owner supplied material" to our construction consultants on
each phase.
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
tr acti¢n as a sole source exception to the Pitkin County Procure ent Code.
Dep ment Head Date Section Hea Date
Approved C ' Denied Reason for Denial:
on Peace , County Manager Date
�
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
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Contract# 171-2014 Rev.8.30.11 jaa/js
Budget Line Item# 118.75.02211.86236
118.75.02211.86237
TIN
COUNT4
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Elk Park Interpretive Signs
THIS CONTRACT is made and entered into this 30Th day of May, 2014, by and between the
Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611
(hereinafter"County") and Arapahoe Sign Arts, Inc., (hereinafter"Vendor").
1. GOODS PURCHASED. Vendor shall provide County the following goods conforming to
the stated description and any Technical Specifications attached to this contract as Attachment A.
2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals,
support information and notice of any extended warranties, will be picked up by a County contractor.
Date and time of pick-up will be coordinated once signs have been fabricated.
3. RISK OF LOSS. At all times prior to pick-up and County'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. Vendor will complete fabrication and have goods ready for pick-up within 2 calendar
months of their receipt of files via mailed flash drive.
5. LIOUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for
liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of
$100 per calendar day for each day or part of a day that goods are not ready for pick-up 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 are to be deducted from purchase price.
6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance
by County. County shall have 1 week 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 be delivered to County 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, County may reject goods. Upon failure of Vendor to deliver goods, County
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Contract f! 171-2014 Rev.8.30.11 jaa/js
Budget Line Item# 118.75.02211.86236
118.75.0221 1.86237
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 County 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 3
years after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the
County, 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 County.
C. Extended Warranties. In addition to the above, the County may avail itself of the
Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended
warranties,which may be available from the manufacturer at the time of delivery,or any
subsequent extended warranties, for which the County may be eligible,which become available
thereafter. The County is under no obligation to accept and pay for these extended warranties
however.
9. 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 County in accordance with
this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the
stated sum of$24,360, but any payment by the County may be offset by any amount the Vendor owes the
County for any reason.
10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County 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.
11. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall
default in performance of this contract in accordance with its terms, County 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 County.
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
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Contract# 171-2014 Rev8.30.11 jaafjs
Budget Line Item# 118.75.02211.86236
118.75.02211.86237
Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to
the substantially prevailing party.
l4. 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 County 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 County and
Vendor.
16. EXEMPTIONS. 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 County is relying
on and does not waive, by any provision of this contract, the monetary limitations or terms(presently
$150,000 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 County 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
County for any injury to any person or any property damage whatsoever which is caused by the negligence or
other misconduct of the County 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 County. 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
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Contract# 171-2014 Rev.830.11 jaa/js
Budget Line Item# 118.75.0221 1.86236
118.75.0221 1.86237
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: (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 with copies to:
Lindsey Utter Pitkin County Attorney's Office
530 E. Main St., second floor 530 E. Main Street,#302
Aspen,Colorado 81611 Aspen,Colorado 81611
Fax: (970) 920-5230 Fax: (970) 920-5198
lindsey.utter @pitkincounty.com
B. To Vendor:
Adam Barratt
Arapahoe Sign Arts,Inc.
1135 W.Mississippi Ave.
Denver,CO 80223
Fax: (303)937-7711
IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above.
Arapahoe Sign Arts,Inc.: PITKIN COUNTY COLORADO:
By: 5/30/14 By: 09 90 '1 J
Date t • ey Utter' Date
Pr 'rement Officer
Title: Op n S ace&Trails Recreation Tanner
By: cko l�
Section ader Date
4
Attachment A Contract 171-2014
ArapahoeSignArts
5/27/2014
Lindsey Utter
Recreation Planner
Pitkin County Open Space and Trails,
530 East Main Street, 3rd Floor. Apsen CO 81611
Attn: Lindsey Utter
Iindsey.utter @pitkincounty.com
Re: Pricing Proposal for Pitkin County Open Space and Trails. Phase 1 and 2 Interpretive
Panels, Elk Park. Per drawings received: El 00, E200 inclusive.
Arapahoe Sign Arts, Inc. (ASA) is pleased to submit this pricing and fabrication proposal for the
Interpretive Graphic Panels and post signage, per the above reference. By so doing. ASA
acknowledges all information in the Invitation to bid documents received and sections noted above.
Inclusive of. but not limited to all safety, municipal, insurance and general requirements.ASA is
deeply committed to protecting site assets, the public and the town of Apsen. To this end, we
request owner input and guidance at all stages of the project.
Deliver, Sign and Message Schedules, Counts,Types, and Specifications
There has been no significant deviation in the called specifications in this proposal by ASA with the
following exceptions; certain call-outs have been modified and/or assumptions have been made to
accommodate the requested proposal, to provide information regarding non-fully specified items,
and to reconcile minor conflicts and inconsistencies. This is a Preliminary Proposal and ASA will be
happy to provide a complete and comprehensive bid proposal once project specifications. samples
of materials, shop drawings are approved. confirmed and clarified. A discussion is included for
items requiring substantial additional clarification and alternate processes. Installation is included
within these costs.
Typical fabrication time for each project is 4 -6 weeks. Fabrication does not commence until all
necessary shop drawing(s) submittals of materials and finish samples are approved, including
quantities 1 pricing.
Tax is not included at this stage!
Important considerations in the ASA Pricing Proposal
5
Attachment A Contract 171-2014
ASA recognizes various issues to be understood and the risks managed:
• Possible risk issues regarding visitors and the general public.
• Possible unknown factors for project phasing. Our pricing includes 1 mobilization for installation
services, for this project. If project phasing requires additional mobilizations for our services,
additional costs can be extended from our pricing for this exercise.
• Managing to Municipal & Owner requirements of working hours. closures, unknown, etc.
• Quantities have been calculated from the provided building documents noted in the header line.
Our price reflects these quantities that we have calculated only. Our shop drawings will reflect
these quantities based on this pricing. Our pricing does not include any additional signs outside of
this pricing exercise.
• Bid Bond rate is 1.05%. Please add this in addition if bonding is required.
This Bid specifically includes but is not necessarily limited to the following
Scope of Work:
• All administrative and professional services for this scope including, contract
administration, insurance, billing. project management and supervision, safety and risk
management and compliance, meeting attendance as required and shop drawings.
• The final agreed pricing & written proposal document from ASA is be attached to the
contract and recognized as contract document exhibit A.
• Arapahoe Sign Arts (ASA) is a Small Business Enterprise Company (SBE).
• Message scheduling and location plan sign documents for placements.
Design and generation of files, shop drawings are included by ASA.
• Full and complete two-year warrantee on all work from time of installation. (excludes
damage by others).
This Bid specifically excludes but is not necessarily limited to the following
Scope of Work:
• Any electrical connections, to be provided by electrical contractor. (not required)—all
fabrication is non illuminated.
6
Attachment A Contract 171-2014
PRICING INFORMATION
Ruby of the Rockies. graphic panels.
S5200 fabrication, + taxes.
Redstone Depot, graphic panels.
$5200 fabrication, + taxes.
Inclusive of aluminum painted backers. hardware and shop drawings.
Post/panel signs.
Qty of one (1) - 36w x 24h panel - S3685, + taxes.
Qty of three (3) 30w x 24h panel - 53425. + taxes (each) — extended: $10,275 +tax.
• Qualifications of Bidders
Arapahoe Sign Arts is prepared to provide to the Owner our qualifications including financial
history, previous experience, commitments on the books, and other information as and if required.
Arapahoe Sign Arts is located in Denver. Colorado, is qualified to work in Colorado and is presently
working on a number of projects in Colorado. Examples and references are available upon request.
We understand that a project like this requires an understanding of, and responsiveness to, the
requirements of multiple goals, motives, priorities and timelines. It is work that. by nature, demands
communication on all levels, respect for the process of many disciplines, and competence under
pressure. We hope our ability to establish and maintain effective working relationships with
multidisciplinary teams will benefit this process.
ASA remains available to address questions and comments as they relate to this proposal at your
convenience, We thank you kindly for the opportunity to participate in this important project and we
look forward to working with you.
Sincerely.
� -
Adam Barratt
Operations Manager
Arapahoe Sign Arts, Inc.
ArapahoeSignArts
7
Attachment A Contract 171-2014
PANEL VIEW FROM DEPOT EXTERIOR 1
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Attachment A Contract 171-2014
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Attachment A Contract 171-2014
PANEL VIEW FROM DEPOT INTERIOR
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Attachment A Contract 171-2014
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Attachment A Contract 171-2014
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Attachment A Contract 171-2014
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