HomeMy WebLinkAboutbocc.con.081.2007
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: ~1-2007
Originating Department/Division: Fleet Management
Contact Person: Rego Omerigic Phone #: 970-920-5393
Project Name: All Wheel Drive Articulat~d Frame Motor Grader
~ BOCC AGENDA ITEM
(BOCC signature required)
~STAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone DInformal ~Formal DSole Source DEmergency DState Bid D
Check Contract Tvpe:
Dollar Amount: $191,142.00
Budget Line Item/Ledger Number 111553-00952-86650
DServices/Maintenance
DLicense/Use
DLease
DConstruction
~Goods, Equipment, Supplies
DOther (e.g. revenue)
DEmployment (for county employees)
DIntergovemmental Agreement (Requires BOCC Action)
DNon-Profit
DQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
Contractor/Business
Contract Execution
Automatic Renewal
Wagner Equipment
04/16/2007
No
Complete Name: James B Lowell
Contract End Date: Term ofWarranty
Term of Contract: One year
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)
~Special Instructions for Finance Department: None
~Sent to Clerk and Recorder for Scanning/Archiving
~Authorized Staff Person's Name: Rego Omerigic
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES 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.
Amended 10_16 06
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CONTRACT AGREEMENT
FOR THE PURCHASE OF GOODS
ProjectlPurchase Contract #081-2007
Line Item Account #_11153-00952-86650
THIS AGREEMENT is made and entered into this 16th day of April, 2007 (the
"Agreement"), by and between Pitkin County, Board of County Commissioners, 530 E. Main
Street, Third Floor, Aspen, Colorado 81611 (hereinafter "Buyer") and Wagner Equipment, 18000
E. Smith Rd, Aurora, CO 8001, (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:
ALL WHEEL DRIVE ARTICULATED FRAME MOTOR GRADER
EXHIBIT A: specilications
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 Deliverv 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: Pitkin County Fleet, 76 Service Center Road, Aspen, Co 81611
Time: 4:00p.m. No later than October 31 st. 2007
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, together 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.
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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 $200.00 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.
4. WARRANTY/REPAIRS:
4.1 Deliverv 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 Warrant v and Repair. The Vendor hereby warrants that for a
period of one year total machine, travel time and mileage included for first 6 months,
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 machine 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 ofPavment. Full payment shall occur upon delivery and acceptance of
Goods in accordance with this Contract.
5.2 Amount of Pavment Offset. 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
$191,142.00 including trade of one John Deere 772CH with serial number 579666,
but any payment by the County may be offset by any amount the Vendor owes the
County for any reason.
6. TERMINATION OF CONTRACT
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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
ofthis 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:
Rego Omerigic
76 Service Center Road
Aspen, CO 81611
Fax 970-920-5765
To Vendor:
Wagner Equipment Co.
18000 E. Smith Road
Aurora, CO 80011
Fax 970-945-1295
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 9 notice above.
8. ASSIGNMENT AND THIRD PARTIES.
8.1 Assignment bv 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. (See General
Provision 30-09).
9. MISCELLANEOUS PROVISIONS
9.1 Pitkin Countv Procurement Code. This Contract is subject to all ternlS and
conditions of the Pitkin County Procurement Code, and said terms and
conditions are hereby incorporated into this document by this reference.
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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 Attornev 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" fees.
9.4 Headings. 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 ofthe 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 Severabilitv. 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 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 have executed this Agreement as of the date first set out
herein above.
VENDOR:
By:
Secl10n Head
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County Ma@ger
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NOTICE OF AWARD
ProjectlPurchase Contract # 081-2007
Date: April 16, 2007
TO: Wagner Equipment Co.
The Owner, having duly considered the Proposal submitted on April 10'\ 2007, for the work
covered by the Contract Document titled All Wheel Drive Articulated Frame Motor Grader in the
amount of$191,142.00 including trade of one John Deere 772CH with serial number 579666, and it
appearing that the Price and other information in you Proposal Form is fair, equitable and to the
best interest ofthe Owner, the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Agreement within ten (10) consecutive days from and including the date of this Notice of Award.
PJ~,()UNTY
By:. ~O(~/M!07
Rego menglc
==---==========--===--====ACCEPT ANCE OF NOTICE=-===--===========-===-
'ce of Award is hereby acknowledged
f"
this 16 (lay of ,Apr.; (
,2007.
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