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Home My WebLink About121649 WEAR PARTS & EQUIPMENT CO INC - CONTRACT - BID - 9413 ITB PLOW AND GRADER BLADESOfficial Purchasing Document Last updated 10/2017 9413 Plow and Grader Blades- WEAR PARTS & EQUIPMENT CO. INC. Page 1 of 6 GOODS AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and WEAR PARTS & EQUIPMENT CO. INC, hereinafter referred to as " Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope. The Provider agrees to provide and deliver goods in accordance with the Specifications attached hereto as Exhibit A, consisting of 1 page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence OCTOBER 8, 2021 and shall continue in full force and effect until OCTOBER 7, 2022, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four ( 4 ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Provider: City: Copy to: WEAR PARTS & EQUIPMENT Co., INC Attn: Ian Healy 20100 E. 35th Dr. Aurora, CO 80011 ian@wearpartsco.com City of Fort Collins Attn: Jake Rector PO Box 580 Fort Collins, CO 80522 jrector@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com DocuSign Envelope ID: 4C9A2F78-8885-4759-9796-CDA13DE25F69 Official Purchasing Document Last updated 10/2017 9413 Plow and Grader Blades- WEAR PARTS & EQUIPMENT CO. INC. Page 2 of 6 In the event of early termination by the City, the Provider shall be paid only for undamaged goods provided or services rendered to the date of termination, subject only to the satisfactory performance of the Provider’s obligations under this Agreement. Such payment shall be the Provider's sole right and remedy for such termination. 5. Compensation. The City shall pay the Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of one (1) page and incorporated herein by this reference. Payment shall be Net 30 days from the date of the invoice. Shipping terms are FOB Destination. 6. City Representative. The City will designate, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the delivery of goods provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Provider. The Provider is independent contractor and not an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of the Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Provider. Accordingly, the Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the goods shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. a. The Provider warrants that all goods delivered, hereunder shall be provided with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use. c. The Provider warrants all equipment and materials provided under this Agreement, against defects and nonconformances in design, materials and workmanship/workwomanship in accordance with product specifications and/or the original manufacturer’s warranty from date of delivery. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be repaired or replaced by the Provider in a manner and at a time acceptable to City. DocuSign Envelope ID: 4C9A2F78-8885-4759-9796-CDA13DE25F69 Official Purchasing Document Last updated 10/2017 9413 Plow and Grader Blades- WEAR PARTS & EQUIPMENT CO. INC. Page 3 of 6 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 14. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. DocuSign Envelope ID: 4C9A2F78-8885-4759-9796-CDA13DE25F69 Official Purchasing Document Last updated 10/2017 9413 Plow and Grader Blades- WEAR PARTS & EQUIPMENT CO. INC. Page 4 of 6 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: WEAR PARTS & EQUIPMENT CO. INC. By: Printed: Title: Date: _____________________________ DocuSign Envelope ID: 4C9A2F78-8885-4759-9796-CDA13DE25F69 10/12/2021 President Zachary Jones Assistant City Attorney 10/13/2021 Interim City Clerk Official Purchasing Document Last updated 10/2017 Goods Agreement Page 5 of 6 Exhibit A Specifications 1. Grader Blades – For Use on John Deere 772P and other Motor Graders with 14’ Blade a. 5/8”X6”X84” CURVED DBL BEVEL HEAT TREATED GRADER BLADE 5/8H DocuSign Envelope ID: 4C9A2F78-8885-4759-9796-CDA13DE25F69 Official Purchasing Document Last updated 10/2017 Goods Agreement Page 6 of 6 Exhibit B BID Schedule DocuSign Envelope ID: 4C9A2F78-8885-4759-9796-CDA13DE25F69