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Home My WebLink Aboutbocc.con.222.2002 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: 6'�, /,.Lt.� W�,,�� tP ¢ oG Contact Person: � CONTRACT#.9a �1 -u 9- Phone #: ,' 3 9 —7 Check Contract Type- Services Maintenance STAFF AUTHORIZED License/Use SIGNATURE Lease Construction Purchase Employment Intergovernmental Agreement (Requires BOCC Action) Grant Agreements Requires BOCC Action) ,[_Other Si natures Re uired: Under 25K—Department He—a 25-50K—Department Head (if appropriate), Section Leader Over 50 K—Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): �ti,I 0 n G Contract Start Date: 10 -71u - V Z Contract End Date: _ I Z v y Automatic Renewal (Y/N): All Contracts should be proofed for the following: • No Pages Missing • If a Page is Left Intentionally Blank—Note on Page • Page numbered consecutively • All Signatures Affixed • All Dates Filled In • All Other Blanks Filled In • All Exhibits Attached • All Legal Descriptions Attached (if appropriate) • Notice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning/Archiving Date: 1 2 —7 u -o 2- o,. Authorized Staff Person Signature of authorized staff person indicate that document has been proofed and ready for scanning. Note: Clerk's-Office will keep original documents in compliance with Colorado State Archives retainage schedule. pcjmj\ww\g\scanning\county contracts\narrative\checklistsheet I A CONTRACT# �z CONTRACT AGREEMENT FOR THE PURCHASE OF GOODS THIS AGREEMENT is made and entered into this 30th day of October, 2002 (the "Agreement"), by and between Pitkin County, Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter"Buyer")and Lafargc West Inc., (hereinafter"Vendor"). 1. INTENT OF CONTRACT. The intent of this Contract is to provide the following Goods (the"Goods")to the Buyer in accordance with the Contract: Sanding material on a as need basis in accordance with the CDOT term and specifications and bidder response Mp 37.15 Aspen (u$ 13.90 per ton. 2.. CONFORMITY WITH PLANS AND SPECIFICATIONS. The Goods shall be provided in conformity with any provided Technical Specifications. If the Procurement Officer finds the Goods to be faulty following delivery and acceptance, or not in accordance with the Technical Specifications, the Goods shall be replaced or otherwise corrected at the expense of Vendor. 3. CONTRACT TIME AND LIQUIDATED DAMAGES 3.1 Delivery and Acceptance of Goods. 3.1.1 Delivery of Goods. Goods shall be delivered by Vendor to the Buyer at the following place and time: Place: Mp 37.15 Aspen CDOT facility Time: As needed a.m./p.m.from November 1,2002 to June 1.2003 3.1.2 Acceptance of Goods. Delivery of Goods shall be complete only upon acceptance by Buyer. Acceptance by Buyer shall allow time for inspection of Goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the Goods or an Invoice, together with any and all other documents evidencing such ownership and title to the Goods. The Goods shall be delivered to Buyer free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this Contract. 3.1.3 Risk of Loss. At all times prior to delivery and Buyer'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. 3.1.4 Liquidated Damages. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to deliver Goods on time, (for delay and not as Penalty)in the amount of $ NA 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 4. WARRANTY/REPAIRS: 4.1 Delivery of Warranty. Upon delivery of the Goods,Vendor shall simultaneously tender to Buyer all warranties,guarantees,manuals and other documents specified by the Contract documents. 4.2 Terms of Warranty and Repair. The Vendor hereby warrants that for a period of _NA after Goods are placed in service,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 equipment may be transported to Vendor's facility at no cost to the County. 4.3 Extended Warranties. In addition to the above, the County may avail itself of the Vendor's standard and/or extended warranties, if in the best interest of the County. 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. 5. PAYMENT 5.1 Time of Payment. Full payment shall occur upon delivery and acceptance of Goods in accordance with this Contract. 5.1 Amount of Payment. In consideration of delivery and acceptance of the Goods to Buyer in accordance with this Contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of a top set of $25,000.00 . 6. TERMINATION OF CONTRACT 6.1 Cancellation. Buyer has the right to cancel this Contract for any reason upon _30 days notice to Purchaser. Performance of this Contract is subject to appropriation of necessary funds. 6.2 Termination for Breach of Contract. Any violation or breach of this Contract by Vendor may result in suspension or termination of this Contract by Buyer, or such other action necessary to enforce the rights of Buyer. 6.3. Remedies Upon Default. Whenever Vendor shall default in performance of this Contract in accordance with its terms,Buyer shall be entitled to suit for damages,specific performance or other relief in law or equity. 7. NOTICE. Any written notice required by this Contract shall be deemed delivered when:(A) hand delivered ; (B) faxed to the fax number below with verification of such transmission;or(C)three(3)business days after such notice is deposited in U.S. certified first class mail (return receipt requested), postage prepaid, addressed as follows: To Pitkin County: Bert Pearce Road &Bridge 76 Service Center Road Aspen,CO 81611 Fax: 970-920-5374 To Vendor: Lafarge West Inc. P.O.Box 368 Glenwood Springs, CO 81602 Fax: 970-704-4786 The parties to this Agreement may from time to time change the names and addresses above for the purposes of receiving notice by informing the other party in writing of such change in the same manner as specified for giving notice at paragraph 7 above. 8. ASSIGNMENT AND THIRD PARTIES. 8.1 Assignment by Vendor. Vendor shall not at any time assign its rights or delegate its duties under this Contract or any part thereof without written consent of Buyer. 8.2 No Third-Party Beneficiaries This Contract does not create in or bestow upon any other person or entity not a party to this Contract any right,privilege or benefit unless expressly provided in this Contract. 9. MISCELLANEOUS PROVISIONS 9.1 Pitkin County Procurement Code. This Contract is subject to all terms and conditions of the Pitkin County Procurement Code, and said terms and conditions are hereby incorporated into this document by this reference. 9.2 Governing Law. 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. 9.3 Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 9.4 Headines. The section headings contained in this Contract are for convenience in reference and are not intended to define or limit the scope of any provision. 9.5 Time is of the Essence. Time is of the essence in this Contract. 9.6 Non-Waiver. Waiver by either party of, or the failure of either party to insist upon, the strict performance of any provision of this Contract shall not constitute a waiver of the right, or prevent any such party from requiring the strict performance of, any provision in the future. 9.7 Severability. Any covenant,condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Contract, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice Vendor or Buyer in their rights and obligations contained in valid covenants, conditions or provisions. 9.8 Effect of Contract. All covenants, conditions and provisions in this Contract shall extend to and bind the successors of the parties hereto, the assigns of Buyer, and the permitted assigns of Vendor. 9.9 Notices. Notices and demands provided for herein shall be sufficient if sent by 3 certified mail, return receipt requested, postage prepaid, or by hand delivery, to the addresses set forth above,or by facsimile transmission to the fax number set forth above. 10. ENTIRE AGREEMENT. This Contract embodies the entire agreement between the parties concerning the subject matter and supersedes all prior conversations,proposals, negotiations,understandings and agreements,whether written or oral. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first written above. VENDOR: PITKIN COUNTY COLORADO By: Tempe las 'er y Deputy Public orks ct Assets p )' sa�CS �anlgyr� �.Q�^bt �ICm�yr.c, RECOMMENDED FOR APPROVAL: n Brian Pettet Hilary P. Smith Public Works Director County Manager C:\home\janea\IGASLeasesAgreesContracts\GoodsContract.doc 4