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Home My WebLink Aboutbocc.con.297.19�jfKIN (ouN'f� --@/).C'fJJ -- Pitkin County Procurement Cover Sheet )()I� 11 1' htl Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/ Amendments/Task Orders to Procurement Contract Information Contract Number Project Name Contractor Budget Line Item 297.19 Matching Terminal Seating for Interim Expansion Arconas 40451100.576000 $ $ Additional Budget Line $ Item(s) $ (Please fully allocate New Contract Total) $ Procurement Method: Sole Source Type: Goods, Equipment, Supplies Contract Start Date 10/9/2019 Contract End Date 12/31/2019 Contract Type New Contract Retainage No If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Airport - - - - - County Representative Matt Whitelock County Representative (970)429-1880Phone Provide a brief description of the contract: Contract to purchase matching terminal seating for the new area opened up by the interim terminal expansion. Contract Value Summary: Original Contract Amount $ 51,001.00 Previous Change Order/Amendment Amount $- This Chan2e order/Amendment amount $- New Contract Total $ 51,001.00 NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Revision: 2018-10-10 btf Contract# 297.19 Budget line Item # 40451100.576000 ---@/)C'-Q)---• PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made October 9, 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the "County") and Arconas, 5700 Keaton Crescent, Mississauga, ON Canada, L5R 3H5 (hereinafter called the "Vendor") to perform the following work: Matching Terminal Seating for Interim Expansion ("Project"). I.Goods Purchased. Vendor shall provide County with the following goods conforming to the stated description and any Technical Specifications attached to this contract: Please reference Attachment A -Arconas Quote for a list of goods purchased. II.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: 1001 Owl Creek RD, Aspen, CO 81611 Date: December 9, 2019 Time: 12:00 PM III.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 terms. IV.Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V.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 Zero dollars and Zero cents ($0.00) 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 are to be deducted from purchase price. 1 Revision: 2018·10·10 btf Contract# 297.19 Budget Line Item # 40451100.576000 VI.Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have two weeks 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. VII.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. VIII.Warranty and 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 2 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. IX.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 Fifty One Thousand and One dollars and 00 cents ($51,001.00), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. X.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 Revision: 2018-10-10 btf Contract# 297.19 Budget Line Item# 40451100.576000 XI.County's Remedies Upon Default of 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. XII.Assignability. 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. XIII.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. XIV.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. XV.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-SK. XVI.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. XVII.Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. XVIII.Governmental Immunity. Vendor agrees and understands that the 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, C.R.S. § 24-10-101, et seq., as from time to time amended, or otherwise available to the 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. XIX.Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only 3 Revision: 2018-10-10 btf Contract# 297.19 Budget Line Item# 40451100.576000 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 interp reted 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. XX.Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Matt Whitelock 0233 E Airp ort Road, Suite A Aspen, CO 81611 Email: Matt.Whitelock@aspenairport.com To Contractor: Arconas 5700 Keaton Crescent Mississauga, ON Canada L5R 3H5 Phone: (905) 272-0727 Email: dcook@arconas.com 4 with copies to: Pitkin County Attorney's Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com Revision: 2018-10-10 btf Contract# 297.19 Budget Line Item # 40451100.576000 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ARCONAS Dan Nussbaum President PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Matt Whitelock Oct-16-2019 Date Oct-16-2019 Date Director of Operations, safety, and security AIRPORT DIRECTOR APPROVAL: John Kinney Airport Di rector MANAGER APPROVAL: Jon Peacock county Manager Date Oct-17-2019 Date Oct-24-2019 5 Certificate Of Completion Envelope Id: 0674B64571C1460D9796F5653075EFA8 Subject: Arconas I Pitkin County Contract 297.19 for Review and Signature Source Envelope: Document Pages: 12 Certificate Pages: 6 AutoNav: Enabled Envelopeld Stamping: Disabled Signatures: 7 Initials: 0 Time Zone: (UTC-07:00) Mountain Time (US & Canada) Record Tracking Status: Original 10/11/2019 1:43:10 PM Signer Events Dan Nussbaum dnussbaum@arconas.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/16/2019 2:36:02 PM ID: 687e261 a-7a5b-46c1-8ed7-2c0bfa5dc93b Company Name: Pitkin County, Colorado Matt Whitelock matt.whitelock@aspenairport.com Director of Operations, Safety, and Security Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/16/2019 2:37:31 PM ID: d563d086-2a62-4606-ad8d-54581208c2dd Company Name: Pitkin County, Colorado John Kinney john.kinney@aspenairport.com Airport Director Pitkin County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/14/2019 10:28:59 AM ID: c7043d11-02e3-46b6-88ca-5925427cefcf Company Name: Pitkin County, Colorado Holder: Pitkin County Procurement Procurement@PitkinCounty.com Signature Signature Adoption: Pre-selected Style Using IP Address: 206.172.53.226 Signature Adoption: Pre-selected Style Using IP Address: 174.209.32.89 Signed using mobile Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Docu� Q SICUtlP Status: Completed Envelope Originator: Pitkin County Procurement 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 65.38.144.66 Location: DocuSign Timestamp Sent: 10/16/2019 2:31:29 PM Viewed: 10/16/2019 2:36:02 PM Signed: 10/16/2019 2:36:46 PM Sent: 10/16/2019 2:36:50 PM Viewed: 10/16/2019 2:37:31 PM Signed: 10/16/2019 2:38:24 PM Sent: 10/16/2019 2:38:29 PM Viewed: 10/17/2019 3:12:48 PM Signed: 10/17/2019 3:13:26 PM