HomeMy WebLinkAboutresolution.council.071-09RESOLUTION # T~
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND GRAND JUNCTION CONRETE PIPE COMPANY
SETTING FORTH THE TERMS AND CONDITIONS REGARDING ELECTRIC
CONRETE VAULTS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Grand Junction Concrete Pipe Company
a copy of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Grand Junction Concrete Pipe Company
regarding electric concrete vaults 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: ~/~xCLGC~./!~/ ~~
Michael C. Ire!/nd, Mayor
9~ L/• a~
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 September 14, 2009.
Kathry S. Koch, City Clerk
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 24~h day of August 2009
between the City of Aspen, Colorado, herein after referred to as the "City" and Grand
Junction Concrete Pipe Company hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase a concrete vaults
hereinafter called the UNIT(S) being more fully described and attached herewith as
'Exhibit A', 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 Document and more specifically in Vendor's Bid for
the sum of Seventy Two Thousand Eighty Dollars AND THIRTY CENTS
($72,080.30).
2. Delive (FOB 500 DOOLITTLE LANE, 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 Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties.
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 right 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.
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.
8. Aoreement 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 Reoardina 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. In the
event that Vendor or any lower tier participant was unable to certify to the
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 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 therefore.
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.
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 subcontractor 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 canceled by the City prior to acceptance by the Ciry
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 those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount
of money in excess of $25,000.00 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
nondiscrimination 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.
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 Clerk
VENDOR:
Grand Junction Concrete Pipe Company
By: ~~. ~~
SfFLl3 Mr{iV~4G~e.
Title
' Attachment "A"
. ~$~C
Date: 9/2/09
To: City Of Aspen
Ouote No. 09.573
Contract Proposal Page t OF
Grand Junction Concrete Pipe Company
AN EQUAL OPPORTUNnY EMPLOYER
P.O. Box 1949 • 2311 River Road • Grand Junction, CO 81505 • 970/245-9301
Project: Express Feeder Protect
2
We propose to furnish all of Me materiels and/or services es listetl below for the above named job for Me following paces and subject to the terms antl conditions staled. All
quantities are approximate and are shown fw the purpose of establishing unit paces. They are not to ba considered as a guaranteed bill-of-materials.
IT M SPECIFICATION QUANTITY UNIT PRICE TOTAL
TRAFFIC RATED SPLICE VAULTS
40200 Bases 25 398.00 EA 9,950.00
40420 Pad 25 1,110.00 EA 27,750.00
40833 Riser 25 N/C
40800 Vaults 50 393.00 EA 19,650.00
1' x 14' 6" Long Rolls Rub "R' Nek 125 8.70 EA 1,087.50
THREE PHASE TRANSFORMER VAULTS
40200 Bases 5 398.00 EA 1,990.00
40500 Pads 5 405.00 EA 2,025.00
40800 Vaults 10 393.00 EA 3,930.00
1" x 14' 6' Long Rolls Rub'R" Nek 25 8.70 EA 217.50
SINGLE PHASE TRANSFORMER VAULT
40150 Base 1 152.00 EA 152.00
40700 Vault 1 415.00 EA 415.00
40450 Vault 1 160.00 EA 160.00
1" x 14' 6" Long Rolls Rub "R' Nek 4 8.70 EA 34.80
By _ l ~ \~ I ~/ ~C~-~c
Mike McCabe • Salesman
• Quote No. 09-573
Contract Proposal Page 2 OF
Grand Junction Concrete Pipe Company
lI'tlgll'N~ AN EQUAL OPPORTUNITY EMP(AYER
Y' Y' P.O. Box 1849 • 2311 River Road • Grand Junction, CO 81505 • 970/245-9301
Date: 9/2/09 Project: Express Feeder Project
To: City of Aspen
2
We propose to furnish all of the materials and/or services as listed below fa the above named job for the folbvAng prices antl subject to the terms and conditions slated. All
quantaies are approximate end are shovm for the purpose of establishing unit paces. They are not to ba considered es a guaranteed bill-of-materials.
ITEM NO. SPECIFICATION QUANTITY UNIT PRICE TOTAL
COMMUNICATION VAULTS
30' Dia. x 3' High Manhole including a 49" Dia. x 6" Thick Monolithic Base and
Holes Only For Field Connection To Pipe 5 440.00 EA 2,200.00
30" Dia. Flat Lid Slab including a Cast Iron Inverted Ring & Aluminum Lid
Lettered Communication 5 495.00 EA
1' x 14' S" Long Rolls Rub 'R" Nek 5 8.70 EA
2,475.00
43.50
Mike McCabe • Salesman
SUPPLY PROCUREMENT AGREEMENT
THIS AGREEMENT, made and entered into, this 24~h day of August 2009
between the City of Aspen, Colorado, herein after referred to as the "City" and Grand
Junction Concrete Pipe Company hereinafter referred to as the "Vendor".
WITNESSETH, that whereas the City wishes to purchase a concrete vaults
hereinafter called the UNIT(S) being more fully described and attached herewith as
'Exhibit A', 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 Document and more specifically in Vendor's Bid for
the sum of Seventy Two Thousand Eighty Dollars AND THIRTY CENTS
($72,080.30).
2. Delivery. (FOB 500 DOOLITTLE LANE, 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 Document are
hereby made a part of this Agreement as if fully set out at length herein.
4. Warranties.
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, transferor 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 right 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.
8. Aoreement 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. Attornev'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 Presumotion. 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 Reaarding Debarment. Suspension, Inelioibilitv. 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 the
statement, an explanation was attached to the Bid and was determined by the
City to be satisfactory to the City.
12. Warranties Aoainst Continoent 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 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 therefore.
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.
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 subcontractor 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 canceled 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 those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the Ciry to pay an amount
of money in excess of $25,000.00 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
nondiscrimination 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 Reoresentative. 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.
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:
1
City Clerk
VENDOR:
Grand Junction Concrete Pipe Company
SpLC.~ /YIAHRGciIZ
Title
Attachment "A" Quote No. 09-573
Contract Proposal Page / OF
Grand Junction Concrete Pipe Company
80nF'b~ AN EQUAL OPPORTUNITY EMPLOYER
JJCC 11CC P.O. Box 1849 • 2371 River Road • Grand Junction, CO 81505 • 970/245-9301
Date: 9/2/09 Project: Express Feeder Protect
70: City of Aspen
2
We propose to furnish all of the matedals anNOr services as listed below for the above named job fw the following pdces antl subject to the terms and conditions slated. All
quantRles are approximate and are shown fw the purpose of establishing unit paces. They are not to be considered as a guaranteed bill-of-matedals.
IT M N SPECIFICATION QUANTITY UNIT PRICE TA
TRAFFIC RATED SPLICE VAULTS
40200 Bases 25 398.00 EA 9,950.00
40420 Pad 25 1,110.00 EA 27,750.00
40833 Riser 25 N/C
40800 Vaults 50 393.00 EA 19,650.00
1' x 14' 6' Long Rolls Rub'R' Nek 125 8.70 EA 1,087.50
THREE PHASE TRANSFORMER VAULTS
40200 Bases 5 398.00 EA 1,990.00
40500 Pads 5 405.00 EA 2,025.00
40800 Vaults 10 393.00 EA 3,930.00
1" x 14' 6' Long Rolls Rub'R' Nek 25 8.70 EA 217.50
SINGLE PHASE TRANSFORMER VAULT
40150 Base 1 152.00 EA 152.00
40700 Vault 1 415.00 EA 415.00
40450 Vault 1 160.00 EA 160.00
1' x 14' 6' Long Rolls Rub 'R° Nek 4 8.70 EA 34.80
By: 1 v \~ I y ~c~c
Mike McCabe • Salesman
Quote No. 09-573
Contract Proposal Page z of
Grand Junction Concrete Pipe Company
MIfl7111~ AN EQUAL OPPORTUNITY EMPLOYER
JJCC JH~~ P.O. Box 1849 • 2311 River Road • Grand Junction, CO 81505 • 970/245-9301
Data: 912/09 Project: Express Feeder Project
To: City of Aspen
2
We propose to furnish all of iha materials anNor servbes as listed bebw (ar the above named job for the tWbwing prices and subject to the terms and conditions stated. All
quanddes are approximate and are shown fw iha purpose of esteDlishirg unR Drices. They are not to be considered as a guerenteetl bill-of-materials.
ITEM NO• SPECIFICATION QUANTITY UNIT PRICE TOTAL
COMMUNICATION VAULTS
30' Dia. x 3' High Manhole including a 49' Dia. x 6' Thick Monolithic Base and
Holes Only For Field Connection To Pipe 5 440.00 EA 2,200.00
30' Dia. Flat Lid Slab including a Cast Iron Inverted Ring 8 Aluminum Lid
Lettered Communication 5 495.00 EA
1' x 14' 6' Long Rolls Rub "R' Nek 5 6.70 EA
2,475.00
43.50
Mike McCabe • Salesman