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HomeMy WebLinkAboutresolution.council.077-08RESOLUTION NO. ~' Series of 2008 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Altec Industries Inc. ,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 Altec Industries Inc 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 Altec Industries Inc 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: `~ , 2008 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 ~ Z 5 , 2008 ~~ Kathryn S. K ,City Clerk ,7 SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2008 -3FM THIS AGREEMENT made and entered into, this 15th day in July of 2008, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and ALTEC Industries. Inc. ,hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase, One (1) 50 foot Aerial insulated bucket truck with chipper box model LRV 56 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 _ Ninetv One Thousand Six Hundred Thirtv Seven and no cents dollars ($ 91.637.00 ). 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-PORCH.DOC i, 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. Attorney'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 Reaardina Debarment Suspension 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. to 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 Aaainst 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 t 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 City. 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 Availability. 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. City Council Aparoval. 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 Rearesentative. 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 t, 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 fL ATTEST: C ler /~ ~- VENDOR: IT /~C~ 1h~It,~r.'FS ~!-,G sy: i~ Title. /7 rF~ Ss~cS /j~ahas2 ~' 7-PURCH.DOC Limited Six Year Warranty for Utility Service Bodies Attec Industries, Inc. provides the fdlowing warranties to the original purchaser of an Alter utility service body. • Alter warrants that its service bodies will rat nst through (develop a hde through the metal as a result of rust) for a period of six years irorrr date of original purchase, under conditions d normal use and with regular maintenance. This warranty is vdd tt the service body has been used lb transport corrosive materials. • Alter warrants ifrat its service bodies are free of detects in material and workrnanship, under proper use, instattation, application and maiMenarrce, for six years from date d original purchase. This irx~nides the door hinges, door latches, and lodr cylinders. • Attec warrants that the shehring in an Attec service lxxfy will not bend under a rated load d 250 pounds. • Attec warrants all top coat finishes applied by Alter or an authorzed Alter representative for one year from the date of purchase. This warranty does not apply to any service body purchased in prime paint Any lettering or decals required fdlowing repair or replacement will not be covered under this warranty. • Alter warrents the sWcturel oomponeMs of the service body for 10 years fdlowtng the original purchase. This does rat appty 'd the body has been modified or altered in any way by anyone other than an approved Alter representative. This wananty does not extend to any autom equipment or finishes, decals, damages to vehides or labor in connection with any d the above. Attar's adigation under these fimtted warranties is limited to repair, replacement, or credit, nd to exceed Attar's suggested list price, at the option d Attec. This warranty does nd cover transportation charges, replacement rental drargea, misuse, abuse, acddents, alteration or use in any way not recommended by Attec. Attec reserves the sole rtgM to inspec.~t arty item daimed for warranty and decide the approprt- a[eway to handle any and all daims, inducting the replacement or repair of the warranted part. No repair or replacement work commenced without prior written approval of an authorized Attec representative will be covered by These limbed warranties. Any and all accessory items that are added to the body but not manufactured by Attec, such as irnerters, compressors, liRgetes, generators, comer mount cranes, etc. will pe covered, 'd at all, by the accessory products manufacturer's warranty in effect at the time of delivery and will not be covered by arty wartanty extended by Attec. This limtted warranty does not Dover. (a) products which have nd been operated and main- tained in accordance with Alter operators and maintenance manuals, programs, and bulle- tins; (b) products which have nd been mounted in acoordarrce with Attec irstallaton proce- dures; (c) products nd manufactured M Alter which are supplied by Alter on spatial order, (d) products which are repaired withont using original Attec parts; or (e) transportation or delivery to an Alter service fadlity or the customer's locetion. This limited wanaMy ~ expressly in lieu of any other warranties, express or implied, inducting, but nd limtted to, arty warranty d merchanhability or fitness for a particular purpose. Except as specified above, no assodate, agent or representative d Attec is auttiorized to extend any warranty on Attar's behati. Remedies under this limited warranty are expressty limtted to the provision and installation d parts and labor, as specified above, and any claims for other loss or damages d arty type (including, but not limited to, krss from failure d the product to operate for any period d time, other economic or moral loss, or direct, immediate, special, indirect, incidental or consequential damage) are expressly excluded. ririL Limited Warranty Products Designed and manufactured oy Altec Industries, Inc. are warranted to be tree From defects 'n material and workmansh p at the time of initial delivery subject to the following provisions: For one f1l year following inihal delivery or the product, Aaec wilt, at its option. repair or replace any part `cunt by Aitec to be defective in material or workmanship at the time of Init:ai delivery. During fhB first ninety (90) days following initial tlehvery, no charge `er parts, labor or travel to the customer's IOCaiion shall be made for such repay or replacement at tae customer's location. During the remainder of such on2 (1) year, n0 Charge for parts Or labor snaU be made for such repair or replacement at an Altec service fdCility. For so long as the initial purchaser owns the product, Altec will, at its option. repair or replace any of the following ma;or components found by Altec ro be structurally impaired due to detects in material or workmanship which existed at the time of initial delivery booms, boom articulation links, hydraulic cylinder structures. outrigger weldments, pedestals, subbases, turntables. body structures, and ree! lifting arms. No charge for parts or labor shall be made for such repair or replacement when performed of an Aitec service facility. The limited warranty in this paragraph (2) does nct cover wear components. This limited warranty does not cm~er fa? products which have not peen operated and maintained in accordance :vith AlteC operators and maintenance manuals, programs ant bulletins; (b) products which have not been mounted in accordance with Altec installation procedures; (c) products not manufacturec by Altec which are supplied by Aitec on special order, (d) products which are repaired without using original Altec parts: or (e) tranSportaFOn or delivery to an Altzc szrvice facility or ~nz customer's location. This Limited warranty is expressly rn l;eu cf any other warranties. express or rmplied, including, but not ;imrred to, any warranty of merchantability or firness for a particular purpose. Except as specified above, nc assoc~are, agent or representative o(Altec is authorized ro extend any warranty on Aztecs behalf. Remedies under this limRetl warranty are expressly limited to the pro>.dsic~n and installation of parts and labor, as specified above. and any claims for other ress or damages of an.v tyee (including, but not Limited to. loss from failure of the oroducr !o operate for any cenod of time, other economic or moral toss. or direct. rrmeC~ate, special. ;netrect. incidental or consequentrar Gamaae) are expressly exc+udeG n .~. Aitet ~ndastties, Inc. Revised 3-96 ~,~;. r