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Home My WebLink Aboutbocc.con.279.2015 7/2015 1:jm 9ØKIN Pitkin County COUNTS( Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County Project Manager. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement_help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement&Contracts Manager. Contract Information Contract Number 279.2015 Project Name Purchase of Airport Terminal Signage Contractor Gordon Sign Budget Line Item 404.66.00000.82900 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 12/29/2015 Contract End Date 2/29/2016 Automatic Renewal Yes ❑ No❑ If Construction: Retainage Click here to enter text. If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Airport Project Manager Havel Project Manager 2855 Phone Provide a brief description of the contract: Contractor shall provide and install custom signage for the Airport Terminal. Contract Value Summary: Contract Amount $ 15,410.00 This Change order/Amendment amount(if applicable) $ New Contract Total $ Procurement Method: None ❑ Informal❑ Fitrmal ❑ Sole Source ® Emergency❑ Contract Renewal ❑ Contract Type: Services/Maintenance ❑ Construction ❑ Goods,Equipment, Supplies Change Order/Amendment ❑ Other,please explain 0 Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#279-2015 • Rev 8.25.11 jaa Budget Line Item t{404,66.00000.82900 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: Jon Peacock, County Manager DATE: 12-28-2015 FROM: Dustin Havel • Proposed Contractor: Gordon Sign • Estimate expenditure for the above construction service: $ 15,410.00 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: Gordon Sign was selected to create our terminal signage during our last signage upgrade. We have custom signs,templates,colors that they have designed and produced them for us. This project is being done so that signs will be direct replacements of the other signs when we convert from large to small sterile area configurations.This sole source is being used to create standardization and consistency. The undersigned requests that Pitkin County waive other pro •ement requirements and recognize this transac ' as a sole so"- ex eption to the Pitkin Coun, Proe • • ent /2'2 g201� 'ilk. v._ - k %.;1\\Co Department Head • Date Secti• ead Dat Approved ��j_Denied • Reason for Denial: Jon Peacock,Coun y 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. • • 1 Contract#279-2015 Rev.8.30.11 jaa/js Budget Line Item#404.69.91410.86000 I LAWN Tit CONTRACT FOR THE PURCHASE OF TERMINAL SIGNAGE THIS CONTRACT is made and entered into this 29 day of December,2015,by and between the Pitkin County,Board of County Commissioners,530 E.Main Street,Third Floor, Aspen, Colorado 81611 (hereinafter"County")and Gordon Signs, (hereinafter"Vendor"). I. GOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: Please refer to Exhibit A for the description of goods,pricing and drawings.In the event of a conflict between the Agreement and Exhibit A agreement will prevail. 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 County at the following place and time: Place: Aspen/Pitkin County Airport Attn: Dustin Havel 0233 East Airport Road Aspen,CO 81611 Date and Time: 6 weeks after notice to proceed and partial payment. 3. RISK OF LOSS. At all times prior to delivery 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 terns. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIQUIDATED 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 delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast 1 Contract#279-2015 .Rex8.30.11 Jaa/Js Budget Line Item#404.69.91410.86000 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 24 hours 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 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 12 months 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 maybe 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$15,410.00,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. 2 Contract#279-2015 Rev.8.30.11 jaa/js Budget Line Itenift404.69.91410.86000 I I. 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 ARI3I1'RATION. 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. ENTEGRATION 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 maybe 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. 3 Contract#279-2015 Rev.8.30.11 jaa/Js Budget Line Item#404.69.91410.86000 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 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: Dustin IIavel Pitkin County Attorney's Office 0233 East Airport Road 530 E.Main Street,#302 Aspen, Colorado 81611 Aspen,Colorado 81611 Fax: (970)429-1892 Fax: (970)920-5198 13. To Vendor: Dick Frank Gordon Sign 2930 West 9th Avenue Denver,CO 80204 Fax: (303)629-1024 IN WITNESS WHEREOF,the parties have executed this contract as of the date first set out herein above. VENDOR: PITKIN COUNTY COLORADO By: "t �� Date Authorized Signer Date Title: /1-. #41;IN .4dh 4 Contract#279-2015 Rev.8.30.11 jaa/js Budget Line Item11404.69.91410.86000 Exhibit A 4 2)331, A.trve Dow,CO EOM PROPOSAL Ferre 1))EM6121 441 GORDON G` 1'3 55555)) Proposal#: 17773 Ilk E•',1 T,:f.A.o r Proposal Date: 12/28115 SIGN Cot Customer CO K.315 Customerlll: CRM021305 lrtra 713E117/61 Lo 71963435.4 Pa go: 1 o13 SOLD TO: JOB LOCATION: Aspen/PAHA County AVporl Aspen/PASIn County Airport 0233 East N1port Road 0233 East Mlport Read Aspen CO 81611 Aspen CO 81611 REQUESTED BY:Dustin Itasel Gordon Sign(HEREINAFTER CALLED TIM'COMPANY")HEREBY PROPOSES TO FURNISH ALL THE MATERIALS AND PERFORM AU.THE LABOR NECESSARY FOR THE COMPLETION OF: QTY DESCRIPTION UNIT PRICE TOTAL PRICE 1 QUOTE$10164 S15,410 CO S15.41000 Fabkate for customer Instal:one(1)ST102 panel,one(1)ST103_Cuttom_2 panel,one(1)51103 panel Math mounting brackets,one(1)51105 panel,one(I) double sided St101_Custem panel shorten to two lines of copy,one(1)STIO1 1 double sided panel,one(1)51101 panel,trio(2)51101 Custom_2 complete Mlth mounting bracl els,one(1)ST 103_Custom_3 complete Mith mounting brackets. tutee(3)ST1OS complete Mlth mounting brackets,one(1)ADA1 and one;HADA 2,per drawings$10164-02. Alt MATERIAL IS GUARANTEED TO BE AS SPECIFIED,AND THE ABOVE TO BE IN ACCORDANCE WITH THE DRAWINGS AND OR SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A WORXP,IANLIKE MANNER FOR THE SUM OF: TOTAL PROPOSAL AMOUNT: $15,410.00 TERMS:50.0%DOWN,BALANCE DUE ON COMPLETION THIS PRICE DOES NOT INCLUDE ELECTRICAL HOOKUP,PERMITS,ENGINEERING OR TAX UNLESS SPECIFICALLY STATED. NOTE:THIS PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS FROM THE DATE ABOVE.WORK WILL NOT BEGIN UNTIL WRITTEN ACCEPTANCE,DOWN PAYMENT AND REQUIRED PERMITS ARE RECEIVED. ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS,WILL BE EXECUTED ONLY UPON WRITTEN REQUEST FROM THE PURCHASER,AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE CONTRACT PRICE. TERMS AND CONDITIONS I.MON MAIM 141 HE PAIMETO Of ANY SIMS HEREIN AGAI EO,THE COMPANY MAY,AT ITS OPTION,DECLARE THE ENTIRE BALANCE PPM SULLY DUE AND PAYABLE NIIHOUT IURTHIR NOTICE TO CUSTOM IR.AND.06101 DECLARED,PURCHLASER AMS 10 PAY WYIER/SI ON BALANCE AT THE PATE Of 13%PER MONTH.PURCHASER FURTHER AGREES 10 PAY Al I MASCW ABI E COIIECIION COSTS Or THE COMPANY,AND IT THE COMPANY WAR PISTITUIE ANY ACTION 0A SUIT TOR THI ENMORCEMEAT Of ANY OdLICATUO.VS IY TIM IIIROUASER IIRIUNDO,PIEROASIR 4611 PAY,IN ADDITION 10 All AMOUYTS FOUND DUE FROM PURCHASER,A PIASONALCE AITORNEY'S ILL 2 BOTH PAATrIS/I PITO AGATE THAT THE TITLE TO SKr`//OISPIAT SHALL REMAIN WIN THE COWAN!trait PAID FOR HMO,uLl,HOW EVER.11 K Ea1PISSIY AGREED THAT SIC+1/ESIPtAYANO ESTE,PART THERE01 AT Alt TIMES WHITE OUT Of THE POSSESSION Of ILII COMPANY SAME HAT THE RISE Of THE PURCHASER,AND fA LOSS OR DAMAGE STOLL OPERATE 10 LattNGS$SHI OR DAVUdNSH THE LAERITY Of THE PURCHASER UNDER THIS CONTRACT. COMPANY IMTLA CUSTOMER tU11AlS 5 Contract#279-2015 Rev.8.30.11 jaa js Budget Line Iten111404.69.91410.86000 �► `oW A G4 Donor,CO s6s PROPOSAL 140 GORDON 3, 95Y.I Proposal #: 17773 SIGN 6561 Tem:MA(0w Proposal Date: 12!28115 Colorado Spring 63)77pCO8C I5 ;Erne 71963)7761 Customer#: CRM021305 ILL 71961E 3550 Page: 2 of 3 t.IT IS FURTHER AGREED BY BOTH PARTIES THAT Alt PROVISIONS IN REGARD 10 THE PROJECT ARE CONTAINED III WRITING HEREIN. 1 ALL TERMS AND CONDITIONS OF THIS CONTRACT SHAH BE RINGING UPON ANY SUCCESSORS,ASSIGNS OR OTHER I(GAL RFPMSENIAIPI(S OF THE RESPECTIVE PARTIES OUT 1,0 ASSIGNMENT SHALL BE MADE BY THE PURCHASER WITHOUT THt CONSENT IN WRITING BY THE COMPANY UNLESS FULL PAYMENT OF THE TOTAL CONSIDERATION HAS BEEN MADE. t.PURCHASER SHALL SECURE PERMISSION FROM THE BUILDING O'r.MR,AND/OR OTHERS.EXCLUSIVE OF PUBIC AUTHORITIES,WHOSE PERMISSION IS REQUIRED, FOR THE INSTALLATION OF SIGN/DISPLAY.PURCHASER SHALL BE LIABLE FOR ANY ADDITIONAL COSTS RESULTING FROM DELAYS L4 OBTAINING SUCH PERMISSION. If SUCH PERMISSION IS NEVER OBTAINED,PURCHASER AGREES TO INDEMNIFY THE COMPANY FOR ANY AND ALL COSTS ARISING FROM THAT FAILURE TOL/BMW PERMISSION. F.PURCHASER AGREES TO BE RESPONSIBLE FOR F-RO.IENNG SERVICE FEED WERE OF SUITABLE CAPACITY AND APPROVED RATLNGTO LOCATION Of SK.V/OISPLAY AND CONNECTING SAME TO SIGN/DISPLAY. 7.WHEN EXCAVATION IS NECESSARY,THE COMPANY WILL ARRANGE fOR THE LOCATION PUBLIC UIIUTIES LOCATION Of PRIVATE UIILIIIES IS SOLE RESPONSIBILITY OF THE CUSTOMER AND AGREES TO HOLOTHE COMPANY HARMLESS FROM ANY DAMAGE TO PRPOPERTY OR INJURY TO PERSONS WHFCH OCCUASBY REASON OF THE PRESENCE OF MY SUBTERRAHAN IMPROVEMENTS IN THE IMO ROCK IS ENCOUNTERED IN THE EXCAVATION PROCESS,AND SPECJMI7ED EQUIPMENT IS REQUIRED,ADDITIONA.COSTS MAY BE INCURRED FOR WHICH THE COMPANY WILL REQUEST REIMBURSEMENT FROM PURCHASER. S.THE COMPANY WARRANTS THAT ALL PRODUCTS IT MANUFACTURES AND INSTALLS SHALL BE FREE OF ANY DEFECTS PD WORYMANSHIP FOR ONE(I)YEAR.ALL ELECTRICAL COMPONENTS SHALL BE WARRANTED FROM THE DATE OF SIGN INSTALLATION FOR NINETY(90)DAYS OR FOR THE PERIOD OF THE COMPONENT MANUFACTURER'S WARRANTY,WHICHEVER ISLONGER LABOR TO REPLACE DEFECTIVE ELECTRICAL COMPONENTS SHALT BE PROVIDED TO CUSTOMER AT NO CHARGE BY IIIE COMPANY FORA PERK/00f SO DAYS FROM THE DATE Of INSTALLATION AS NECESSARY.THIS WARRANTY DOES NOT APPLY WHEN DAMAGE IS CAUSED BY MISUSE,EXCESSIVE POWER APPLICATION OR OVERLOADED PRIMARY FEEDS,ACTS Of NATURE,VANDALISM,OR WINDS IN E ACESS OF 80 MILES PER HOUR. 9.THE UNDERSIGNED PURCHASER ACKNOWLEDGES AND GRAVIS THAT THE COMPANYHASA SECURITY INTEREST IN THE SIGNAGE AND IS OWNER UNTIL ALL AMOUNTS DUE HARE PAID IN FULL AND THAT THE COMPANY MAY AT ITS SOLE DISCRETION RECORD A UCC I UMI STATEMENT WITH 1 HE SECRETARY Of STATE'S Of EKE UNTIL Alt AMOUNTS DUE ARE PAID IN MAL THIS PROPOSAL DOES NOT BECOME EFFECTIVE UNTIL SIGNED AND DATED BY THE COMPANY. THE ABOVE PRICES,SPECIFICATIONS,AND CONDITIONS ME SATISFACTORY AND ARE HEREBY ACCEPTED.YOU ME AUTHORIZED TO DO THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS OUTLINED ABOVE. GORDON: // ACCEPTED BY:-Joe-2)4/-3" //TITLE: //!,O SIGNATURDATE: I///c/J7`'//-C-- PURCHASER: ACCEPTED BY: TITLE: SIGNATURE: DATE: COMPANY INITIALS CUSTEIMIA INITIALS 6