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HomeMy WebLinkAboutresolution.council.043-08RESOLUTION NO. Series of 2008 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Glenwood Springs Ford, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Glenwood Springs Ford a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Glenwood Springs Ford a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: r , 2008~~ J °~E `'/ ~ S// 3~ ~ Mick Ireland Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~- , 2008 Kathryn S. Koc ' ity Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2008 - 2FM - A and B THIS AGREEMENT made and entered into, this 29th day in April of 2008, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Glenwood SpringS Ford. ,hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase, Three (3) %. ton 4x4 small pickups and Three (3) '/, ton 4x4 pickups Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of _ Eiohtv Five Thousand. Six Hundred Fiftv One and Fifty-Six Cents dollars. ($85.651.56) 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed. in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. 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 Vendor or City may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of 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 conditions herein contained, to be performed, kept and observed by the other party. 7-PURCH.DOC 8. Agreement Made in Colorado. The parties agree that this Agreement 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. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. 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 the Agreement. 11. Certification Regarding Debarment. Susaension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. 7-PURCH.DOC In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of Citv. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availabilitv. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. C~ Council Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 7-PURCH.DOC IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: City Manager ATTEST: City Clerb VENDOR: ~~/vl~a.~~r~ /~~r/~ By. , , Title. /~i 5 ~ 7-PURCH.DOC TECHNICAL SPECIFICATIONS AND BIDDER'S RESPONSE CITY OF ASPEN BID N0.2008- 2FM-A ITEM DESCRIPTION RESPONSE General Based on the specs written herein, the City expects to receive bids on 3 (Three) New year model 1/4 ton extended cab 4x4 Pickup, ~ / 5. ENGINE 4.0 LTR. min 'f. G COLD WEATHER PACKAGE YES -Must include HD battery, block heater, -30 deg. coolant minimum. ' ~ 5 HIGH ALT. PACK. YES ~ ~ s . ALTERNATOR HEAVY DUTY i r r' WHEEL BASE 120" min. /-~ G FUEL TANK 15 GAL. min. 4X4 YES/auto hubs AXLE RATIO Bid standard with automatic transmission , ~ - , TIRES ALL SEAS RADIAL /FULL SIZE SPARE f. CAB EXTENDED /JUMP SEATS /FULL HEAD LINER / DOME LIGHT /OUTSIDE REAR BED LIGHT ~ ~ s , BED STANDARD TRANSMISSION AUTOMATIC / 3 SP. min. ~ ~ , BRAKES POWER /DISC FRONT / ABS WHERE POSSIBLE , ~ s , AIR COND. YES ~ ~ s SEATS CLOTH/ SCOTCHGAURD ~, FLOORING RUBBER OR VINYL ~'C RADIO Standard package ~ rs no3:~, MIRRORS OUTSIDE LEFT AND RIGHT -bid standard s REAR BUMPER STEP , -, s'. TOW PACKAGE Yes,with frame mounted class 3 reciever hitch and wireing harness. ` c> VEHICLE COLOR WHITE ` ~r~ TOW HOOKS FRONT -Installed pre-delivery y ~'s Bed Liner Yes. ,~, ,(~„ R;; ; i_ Options Heavy Duty off road suspension. Please give us a price on this option but do not include it in your bid o0 l~ ~-'. price. Options Fiberglass camper shell with swing upside and rear windows with lockable handles. Please give us a bid price but do not include it in your bid price. ~~ ? r Options Power mirrors,windows and door locks please give NA g~rc us a price on this option but do not include it in your Y'' ~~~~ /. bid price. WARRANTY All standard warranties, published or implied are 3~S l-, ~ %,e assumed to be included in the bid price. Copies of said published warranties shall be included in your ~~~ ~ h rs sealed bid envelope. Any additional or extended warranty options which the bidder may wish to offer, shall be listed separately with associated costs, within the sealed bid envelope, but not included in your actual bid price. TRADE-INS Trade•in viewing is at Aspen City Shop -1080 Power Plant Rd. -Aspen on Friday April 4th,2008 from 10:00 am to 12:00 pm COA Veh #'s 910101 - 2000 ford ranger 5400 430105-20D2Ford ranger go0~' 550166-1997 ford ranger ~ ffao, OPTIONS not included in base bid Item: Cost: Cost: Cost: r TECHNICAL SPECIFICATIONS AND BIDDER'S RESPONSE CITY OF ASPEN BID N0.2008-2FM-B ITEM DESCRIPTION RESPONSE General Based on the specs written herein, the City expects to receive bids on 4 (four) new year model 3/4 ton regular cab 4x4 Pickup, ~ GVWR 8,500 LBS, min. •'jp~~>; Wheel base 131" min. /~ -7. Engine 8 Cyl., 5.3 Itr. min. S: ~/ . CAB Regular Cab ~ ~ s - Bed Long Bed r r- Alternator H/D Alternator and H1D Battery , ~ s• Transmission Automatic, 3 speed w/ OD or 4 speed min. ~ r 3-. 4X4 YESlautohubs < <s•. Axle ratios 3.73 min , ~s-, Shocks HD Front and Rear ~ ,~-_ Brakes ABS r y-- Tires All season radial's with full size spare , Seats Cloth ~ s. Air Conditioning Yes i ~ r• Bumpers Rear step. , , ,: Tow package Class 5 reciver and 7 blade plug , s . Trailer wiring harness YES , ,s_ Radio Standard AM/FM ~ ~ y. Fuel tank standard ~ r t Air Cond. Yes ~ s s Wipers Intermittent r ~ f. Vehicle color Body =White - , , r_ Tow hooks Front ~ s - Flaoring Rubber ~ , ~- Available options Please give us a price on the options listed below but do not include the price In your bid. EXT cab long bed 3 or4 door ,~ ~~ g'~~ Flex fuel option /+ Heavy duty suspension ~ ~ c Bed liner a I ~ 40 Snowplow package Would like one of the plow prices be on the Boss 8.2 VXT ADO e c `f I ~ plow and this price is to include Installation. , 5 a2. Lift gate Simmular or equivalent to the Tommy Gate model 60- 000Ibs capacity and this price to include 1040 F11 TP 1 ?~ , installation. a Oy ~ Warranty All standard warranties, published or implied are assumed 3/eh 3 n to be included in the bid price. Copies of said published S/~ ~ n warranties shall be included in your sealed bid envelope. Any additional or extended warranty options which the 5 ~ /J. bidder may wish to offer, shall be listed separately with associated costs, within the sealed bid envelope, but not included in your actual bid price. TRADE-INS # 550103 - 2000 GMC 2500 #550119 - 2002 F250 # 550122 - 2002 F250 Viewing of trade-Ins will be at tha Cily Shop, 1080 Power Plant Rd, Aspen, on Friday April 4th from 10:OOam to 12:OOpm Use the space below to offer any additional options not listed or spec'ed above, which you wish the City to consider. Include their costs to the right, but nol on the bid page following this section. Item: Descriptio n : Cost : , o // ~~ J T~.,/. /J/{aKt• fo.,ina~~r., l.J~+f,L. n ~/ ~ J Item: Description: Cost: M, ~ // Item: Description: Cost: ,, o c... :~:7`fr., s ~d, ~~. Lc.~ ~71 Item: Description: Cost: ,~~n.. gn55 .