HomeMy WebLinkAboutbocc.con.009.1997 � .
. . ����H��.
��
� ���ti
CD y7�1 ,.,�, ,.
. �.,<�s:��.:
CODTTRACT AGREEMENT "'-�'�'�'�
FOR THE PROVZSION OF
ONE (1) AI,L WHEEL DRTVE MOTOR GRADER
�'�
TO
PITKIN COUNTY PUBLIC WORKS SECTTON .' f�'�
DEPARTMENT OF FLEET MANAGEMENT ;'�
76 SERVICE CENTER ROAD
ASPEN, COLORADO, 81611 "�
i:,:
BID # 1997-3FM-GRADER '
�
THZS RGREEMENT, made and entered into this 21 day ofJAN ,97 ;;;. :, .
, by and between the County of Pitkin, Colorado, hereinafter "
referred to as the "County" and HoNNEN EQUIPMQJP CCd�ANY � � �
Second Party, hereinafter referred to as the "Contractor."
+...� � i ; .
- E( The County and the Contractor, for consideration hereinafter set
ti forth, agree as follows:
} i Article 1. STATEMENT OF WORK. The ContraCtor shall furnish all
labor and materials and perform a11 work to provide ONE (11 RLL
� i WKEEL DRIVE MOTOR GRADER in accordance with PITKIN COUNTY BID #
# 1997-3FM-GRADER. He shall complete this work within 120 calendar
! days from the effective date of the Notice to Proceed. Liquidated
i : damages in the amount of 5100.00 per calendar day will be assessed
, for late delivery. ,
, f
. ! ' Article 2. It is hereby further agreed, that at the completion of
, the work and its acceptance by the County all sums due the �
j ; Contractor by reason of his faithful completion of the work, ?
authorized under this Contract in accordance with the provisions of �
� ' � this Contract, will be paid the Contractor by the County after said !
, �
� � completion and acceptance. j
i t
� � Article 3. It is hereby further agreed that any reference herein
; ; to the "Contract" shall include all "Documents" as the same are ; '
1 I listed and described in the Instructions to Bidders and
• ; � Specifications, issued in connection with PITKIN COUNTY 6ID NO. �
f � 1997-3FM-GRADER and said "Documents" are hereby made a part of
• R I this agreement as fully as if set out at 12ngth herein.
i E
'. Article 4- The total cost for BID NO. 1997-3FM-GRADER covered by
� , this Contract thereo£ to be:
�� vrmmvcm onm mvrv�crnm r.mac i.nmmutcn cTVmv_crvumt s
Dollars ($ 105. 967 •o�� -
�
. I18 '...'-
� 1
.. __.. ....__- --- --..___ (_ _
__
_ ��'.•
�
, �,,
. r
� ., : �:
, . {
� , :
, � .:. :.
,,: .
- � �:
, �;
� ,..:
__ - . , ,�;'
. �.t r
. ' �w,�a ,
4 S�`�',
.
. .�d�`�, .-.�:','
M_ __�_ . . .;., r�_ .�-.
��. �........'�^—'._ ... ___. _ ... _' __� _. "_. _____._.---_—_— .. �i .,.
� '
� s�.t�r
. , . ``� .y�,i,.:�
i°�j"e � d..
O.} �FF '1`�
;Y
� , ���'�,;�'"
��, ,:
t�", ..�f�+ :
� Article 5. The following special provisions shall apply: :�;'��;��n�•,,
..,,
WARRANTY REPAIRS:
���
1. The Contractor hereby warrants that for a period of 60
months after the unit is placed in service, he will, at his ��' .; ?��
own expense and without any cost to the County, replace a12 , �.
defective parts and make any repairs to the machine that may I`: ,.
be required or made necessary by reason of de�ective material �' "
or worlananship. where practicable, warranty repairs are to be t='<:� ''
made in the field; however, in the event of major repairs, the ��' '�
machine may be transported to Contractor's facility at no cost ;'`>r��`
to the County.
+ �..
,' 'i'.° .
2. In addition to the above, the County may avail itself of the �
Contractor's standard and/or extended warranties, iF in the "
best interest ot the County. The Contractor shall offer to
,_:r - " � 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, 4
which become available thereafter. The County is under no �'
; obligation to accept and pay for these extended warranties �•r
� however. �i�
I Rrticle 6. PITKIN COUNTY PROCUREMENT CODE. This contractual �
agreement is subject to all terms and conditions of the terms and
� conditions of the Pitkin County Procurement Code, and said texms
I and conditions are hereby incorporated into this document by this
I reference.
, ! Article 7. AUTHORITY AND RESPONSISILITY OF THE PROCUREMENT
� OEFICER. All work shall be done under the general supervision and
direction of the Procurement Officer. The Procurement Officer
� shall decide any and all questions which may arise as to the
� quality and acceptability of materials furnished, work performed,
� rate of progress of the work, interpretation of the Contract,
�. change orders (within the limits of his authority� and aIl other
� questions as to the compliance with the Contract on the part of the
_ � Contractor.
� Article 8. SUCCESSORS AND ASSIGI�TS. This Agreement and al]. of the
R covenants hereof shall inure to the benefit of and be binding upon
; the County and the Contractor respectively and their agents,
� representatives, employees, successors, assigns and legal repre-
� sentatives. Neither the County nor the Contractor sha12 have the .
right to assign, transfer or sublet his interest or obligations
hereunder cvithout thz written consent of the other party.
i '.
� 19 � __
. �, i_r
. . _..__._____--- ,_
� : _
__,._._. ....
.._ __---_ _ � .
l _. __ _. _._ ,
� . �'
� ,�::: :::,"
� , ,:
. r • `
+ � ,.:
4,
•
.I..:.._i`.,
..,F? . ..
_ � . . � ' � , �1r,•,
,� .
-� . � � }'s�.�.yv.
. _.. . . . . ' a
'�u`�.t -
c+".^:�'�t
�t. .-,,�,�;:�.
'k• � ' � . ..,!i.�r:
, ,
._— -- --------• ;' . ., �:
, .T-"�^----—�--'�--�-.._ ._._ _._ ._ . .. .._ .._ , . � Lt�
..' �� . .'..�,,-,
°�" '`��'S-
(,,.
�.:_ '
.. �
--- -- - --_--- _ _ ;_......
�
�;r��'
�t 4��f"���
���`
t.. .41�'.•.
Article 9. 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 Contractor or County may
assign this Agreement in accordance with the specific written �.i�
permission, any rights to claim damages or to bring any suit,
action or other proceeding against either the County or Contractor ' .. '.
because of any breach hereof or because of any of the terms, =
covenants, aqreements or conditions herein contained. ��'`' �
i'
I�':�:' .,�.
Article 10. WAIVER. No waiver of default by either party of any of 4:-::�: �.'
� 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 i;� `
conditions herein contained, to be performed, kept and observed by f:.''�i'. -
the other party.
Article 11. AGREEMENT MADE IN COLORADO. The parties agree that `"
this Agreement was made in accordance with the laws of the State of
-_ � Colorado and sha21 be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado. �
I�.
� Axticle 12. ATTORNEY'S FEES. In the event that leqal action is �:x
necessary to enforce any of the provisions of this Agreement, the ���!.
prevailing party shall be entitled to its costs and reasonable iI`
j attorney's fees. �
�
� Article 13. 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 this Agreement.
� � Article 14. TERMINATION FOR DEFRULT OR FOR CONVENIENCE OF COUNTY.
� i
� A. The performance of work under the Contract may be terminated
� by the County:
i
�
j (1) Whenever the Contractor shall default in performance of
; this Contract in accordance with its terms, and fails to
� cure or show cause why such failure to perform should be
� excused within ten (10) days (or longer as the County
�� may a11ow or shorter, but not less than three (3) days,
1 for failure to provide proof of insurance or maintenance
. 1 of any dangerous condition) after hand-delivery or •
mailing to the Contractor of a notice specifying the
default. Ii mailed, said notice sha11 be sent by certi-
fied mai1, re�urn receipt requested, to the address
;
,
� 20 f�
1
i
_ _. . _�..._ _. _ ..._.._ --____
_.. .._. �
, _. .___..._._.___.. _.,...�_. _,,.. __ .
+ , __ � � :
i `
i , ';^ �
9
^ - ' . —. t.l.,`
. ' . '.,4:!;�� .
s ,
_ i
; ��•,
. . i
--� � - - ' �./ � I`(4:
e.`�
y` .
� ��� •.
. '' . ' , ; ,F�,�,c�w',
_ ____ -----, ��J
11. __�.— -. -._. � ... _ . . , J A�'1£�[;.
. ��._— � . . •..��•fe���.T
. . .' c}'��rt}„ � .
'�'
����rY
s �a
�,i • _
�.;- .�__..---.----- ---- �
�
� ����.
����
x.. /`:.a!_�'�".
�,�,,;�::�.,�7t.d�.:;
specified herein for the Contractor. The Contractor �+k�..;�:«4'
shall not be in default by reasons of any failure in ' ':
perforneance of this Contract in accordance with its "_�: .z.
terms if such failure arises out of causes beyond the �;�^„ :�
- control and without the fault or negligence of the � �
Contractor. Such causes may include, but are not `��°�,.� ,
restricted to, acts of God, natural disasters, strikes, �.
or freight embargoes, but in every case the failure to j=�`.: ,�
perform must be beyond the control and without the fault
or negligence of the Contractor. Upon request of the ���,�'
Contractor, the County shall ascertain the facts and r` �
failure, and, if the County shall determine that any �`'''r�i-' �
failure to perform constituted a valid commercial ���:::�-
excuse, the performance shall be revised accordingly and t�ti,.`-;�: -
notice of default withdrawn; or ""`
.z:. ,
t,
(2) Whenever for any reason and in its sole discretion the `�''' ``
County shall determine that such termination is in its "�
'°'( ' � best interest and convenient. ,':`�
�: .
B. Notice of Termination. In the event of termination for the
convenience of the County, the County sha11 deliver to the �'.i
' Contractor a written notice of termination, specifying the !'�c
reasons there�ore, and the effective date of such � `1'
termination. The effective date shall not be earlier than the ��(
• date of hand-delivery or the date of mailing of the notice, jl
� plus three (3) business days. The notice of termination shall `,I
� be sent regular first-class mail to the address of the
Contractor herein provided.
C. Termination Procedure_ After the effective date of the notice
� of termination for default or for the convenience of the
County, unless otherwise directed by the County, the
� Contractor shall:
± (1) Stop work under the Contract on the date specified in
� the notice of termination. ,�r
I .
�
; (2) Place no further orders for materials, services or
� facilities.
;
(3) Terminate all orders and subcontractors ta the extent 'i
that they relate to the performance of work terminated 1
by the notice of termination. �
(9) With the anproval or ratification of the County, settle
all outstanding liabilities and all claims arising out
of such termination on orders or subcontracts, the cost �,:
�. ..
.i;
+ -
� �1 ' �,.-
. r� �
f'�';
�_:y
P
.. .......,._._.,�,.... _'"r...._. ___.,_.. . _.._..� . ... . . . . ..... ... . . . _..
- -. _. ... _.,._ _.. .__.,-.._ .._..._... . __..... �,� . .
_ �... -.. .... ., ..._.... ..
' , � 4
/ ;, .
6 J
� .4 . .. �� - `
1
' �' . „�..£'�..:_:...
. I
♦ �\'
� • . . . � ::��y��
� . . . r , '�4 „"" .
.._ .. . . 7�:�J��
..',
� ' . . _ ". ���:�,,�i
. . _ ...., . _._ ._.___—___.� �
x• �^ ..._ -. r i.:
� �..+.�--�-- -- �— — � � . {'k.� :
• - � . ;z.��,��`�€�.
'�:�Sar'��'
. . ; �'�1FT�F ,�.
� Sx%f;;iu�w^(,-�,1':
t .;:_:.;':..�
. u.% � ' .1�.;:.
�' �--- - �
:. ,. _._ - ---- -- ;.
�s,. - ----------------_.��_..____ —
..J�4 ..�. .. . ,.
� , . ,.... . .,.;..�..�. . «.. ..
. ' F;•:��a�,.
. ��-i �,
1;:,.:
' of which would be compensable or reimbursable in whole .�.��'•'ti`�:''
or in part in accordance with this Contract. `�
D. Termination Payment. After the effective date of a notice of ,i�
tezmination for the convenience of the Connty, the Contractor
shall submit to the County his termination claim in the form ' .'•„
of a final invoice, including costs incurred to the date of ••
termination, and costs incurred because of termination, which ; _��
termination costs shall not exceec! 10� o� the total amount of )_ :�
proposal; provided, however, that in the event of default by � ':'
the Contractor, no extra costs incuzred because of termination � ,":
�._ .;
' shalZ be paid to the Contractor and any costs paid shall not �?"
� be a waiver of any claim, counterclaim or set-off by the ���` .
� County against the Contractor on account of any default. Such i �-
claim must be submitted promptly, but in no event later than ' :
i thirty {30) days from the effective date of termination,
�;
_ „ unless one ar more extensions are granted in writing by the
�:. County. Upon the Contractor's failure to submit a claim in �
� �� the time allowed, the County may review the information
� ' available to it and determine the amount due the Contractor,
f zf any, and pay the Contractor the amount as determined. !
=; E. Termination Settlement. SubjeCt to Paragraph D., above, the
F! Contractor and County may negotiate the whole or any part of �
. j � the amount or amounts to be paid, upon termination for default
i or for the convenience of the County. �
�� i
`I F. Remedies. The Contractor shall have the right of appeal frorn k
any determination made by the County under "Termination for
' �� Defauit or for Convenience of County;" except that if the
• Contractor has failed to submit his claim within the time �.
't
j provided in Paragraph D., above, and has failed to properly
- request extension, he shall have no such right of appeal. In i
any case where the County has made a determination of the !
� amount due under Paragraphs D. or E., abave, the County shall �
u pay the Contractor: (1) the amount the County has determined F
,i ' if there is no right to appeal or if no timely appeal has been �
taken, or (2} the amount finally determined on such appeal if !
� ' an appeal has been taken. j
. t :
� � G. Method of Appeal. Ir the Contractor disagrees with the �
; ! County's determination under Paragraphs D. or E., he can
4 �� appeal this decision in writing to the County. Such appeal
must be made within twenty (20) days of receipt in writing of
the County's determination. The County shall have twenty (20) •
days in which to resoond in writing to the appeal. The
County's response shall be final and conclusive unless within
thirty (30) days from the date of receipt of such response the i
's
t
; � -
22 � �Y:_-
1
i: '
� -
_ . ____�___._.. __ �;`:
_.. ._. . _:.. ..� __ _ _..._. _ _.__._ ,,,�
, _ _.__._ _..
� ,
/ �
. i
4 ''
—.. �
� . r� �
. I ' �
• t; '��
,
, . . � ��
_ �_
' � � '-.�:a;;>�';;�
,nj ,-
tri�? ;
. ; `�� �,.
x, .
....—.--_._. _--- - —
_ ., . _ ___ ------, �
, ' � �„
r.:,,, ;'
, �::
� ���,��•��
�'�
a., ����?� �
n:::.
.�:�:
..�.�.�.�.. _ .
, � � ,;,�
• -- - - --- -_-- ;_,.,;-�
,. ;
,
� . . . .,, .. ,�. �...l:a:�:,.. �r�F'_lIMSV'rqLi.:i. . ... _
,^.. i ...:.� .
4f . ' �.y \�,.
.� . I.:��.���-.
'k�Y:���.:.
. Contractor submits the dispute to a court of competent `=
jurisdiction. �.
Article 15. INTEGRATION AND MODIFICATION. This Contract
,:~�
constitutes the full and complete agreement of the parties and �,�.,.
supersedes or incorporates any prior written and oral agreements of ' , �
the parties. In addition, the Contractor understands that no ! ,,
County official or employee, other than the Board of County �"
Commissioners acting as a body at a Board meeting, has authority to
enter into a contract or to modify the terms of this contract on ;`
behalf of the County. �y such contract or modification to this �r�'
contract must be in writing and be executed by the parties hereto. ;"•:--. .
; Article 16. RECORDS. The Contractor shall maintain comprehensive, ±��
- i complete and accurate books, records, and documents concerning its %
i performance relating to this Project for a period of three (3) �•
years after final payment on the Project and the County shall have t
- �- ;I the right within the three-year period to inspect and audit these
's�' '� books, records and documents, upon demand, in a reasonable manner
F� and at reasonable times, for the purpose of determining, by ,
;I
!� accepted accounting and auditing standards, compliance with all €.
.i provisions of the Contract and applicable law.
'i Article 17. AUTHORIZED REPRESENTATIVE. The undersigned repre-
e� sentative of Contractor, as an inducement to the County to execute
• E� this Agreement, represents that he/she is an authorized represen-
�i tative of Contractor for the purposes of executing the Agreement
:� and that he/she has full and complete authority to enter into this
�
Agreement for the terms and conditions specified herein. _
- . i
;
r. _
d
t
_ �
�
. !
�
i .
i
. �
I
i ,
I
� �' '. ...�._-
� z3 II.
i .+
• !
�f. .,�
... ____-----..__ ___..: .--- , _..�_... ---
_--. _._., _ _ .._�� :
�� __ _ .>,. . _ :
� :
� � . „..
o -{:`� -
. , '-
� " � ;, __ *�.`
-.,t;<;
+ —
�
' ����
F�,
. � . , . . ..'t '�'�?�a
. ' r�..;�..::.
. .._. .. . � . . .. . l.�` �h1 i
. . '.! d��., .}"y d,�'�
. ' ,:.i y
.. ,. �:._t,.� , �:�. '
.• . .____.'__'_�-� .� - -
. . — ..__ ... ._. . . . . . ,
�. _.�-... .__... .�.._. .. -�-.
r,."�--�_ � . ::;a.', t
' � ' . ' . ,,�t. �_;
' �""��"« •:. :
. . � � 7'�1.�:
a.F -
.___... �-1-- -_._ ..,..__-__
� �L �
-"��'� ------------ . .. .. .—� .,..,.._:
" F
, ��t�;
. . ' Itr�^,;ry �`�
G. Y}�?'•r'
' IN WITNESS WHEREOF, the First Party and the Second Party, ���y�,�
,..
respectively have caused this agreement to be duly executed the day
and year Pirst herein written in four (4) copies, all of which to `�>
all intents and purposes shall be considered as the original. ' �'a
PZTKIN COUNTY, First Party ' -
i.,
The Soard of Commissioners - � �' :, '
Pitkin County, Colorado �`' �'`
506 East Main Street ��'�'
Aspen, Colorado 81611 % � �-� ;.� "
�
- �,�p �,y ;�:;
gy �.; ;;: .
� i 1 Tuite (Date)
� ATTEST: � �
�'
i
sY � , G,li;�� � `
,_.:; - .
1i Depu y Clerk and Recpr er (Date)
.� � G
�
}
�
� APPROVED AS TO FORM: By � � � �
F Attorney for P' Count Date) ;
� ! i �
i RECOMMENDED FOR APPROVAL: By ' 2 � �
Co- y Manag for itkin County ( at ) ;_
� �=
. By 2 �`
j Di ector of Publ' orks (Date)
i �
CONTRACTOR, Second Party �
i {1
4 7 � �
t ' Title: �� J�G�Ci/ _ ,
'+ < <
__ j: i
� f� ATTEST: �
(SEAL)_
� � � By: ..f -����� sy r �. f
`, ,. ��
� T'itl , .,.�f(�� Title ��5 - .
`�t'.'�. '+���.�•� 1997
��
� ... E
L`o e o•c', �, .G� ,(��C�% 3--/�—>7 ;s
I L� � : _
� 24 � �'' `
. ___ _.____ ----....
� . �
_,. __..� __. ___--_ J _ __. __ _�__ � ._- - --- -
_ ____. _ .� .
. �ra
/ . . . F ;'4,,.
� . i .i:.;y'.:.._,.:;
r �,
� �
. ' 1; _. _ �,,� .:
1 ' ..
. . . :,;£�,.,,�_'i.
�
� � ii
; h�k�.
� . . - � ryi �...���.
' � �y�`��'y.�''�:
-- .��{�
. �,
�s�.
, . ` i�� ,;
,.
,k _ . . ._._ . ___. _"__'—� �.
�__. .______ ..._ ��— — _,__ , FcL�'�
. . . " C r�'�" ;.
- 6::;
.. . Tr� .r.�
� l:,
��{
»,i ��'�`;`td`�: