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HomeMy WebLinkAboutresolution.council.081-09RESOLUTION NO. Ob Series of 2009 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Wagner ui ment Company, 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 Wa ug er Equipment Company 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 Wa@ en r Equipment Company. 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: ~~~y~ /~ , 2009 ~j~ ~T / 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 / ( </ ~-(~i-,«~ T ~ , 2009 Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2009 - 3FM THIS AGREEMENT made and entered into, this 1st day in September of 2009, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Wagner Equipment Company ,hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase, One (1) New Caterpillar model 140M AWD Motor Grader 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 _ ($ 146.769.00 ). 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-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. 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 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 Suspension Ineligibility and Voluntarv 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 Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and othervvise 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 Aoaroval. 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:. Q GG~i /!G.7'~ir,~-LCt~-~,O ~G~.~iO~ /~ /ti City Clerk VENDOR:. Waar~a Fcf~.~ !',P•.., T Title.__ Sa ~°J ~Q--~ 7-PURCH.DOC Equipment Quotation for 8/12/2009 City of Aspen 130 S. Galena Aspen, CO 81611-1975 1 -New Caterpillar 140M AWD Moror Grader equipped with the following equipment: Operator Environment Accelerator-decelerator Coat hook Control console, adjustable EMS operator wazning system Gauges inside the cab (includes fuel, articulation, engine coolant temp Joystick hydraulic controls (right/lefr blade lift with float position, blade sideshifr and tip, circle drive, centershift, front wheel lean, articulation, and two wing controls) Hour meter Mirror, inside rearview, wide angle Joystick hydraulic power steering ROPS cab, sound suppressed 80 dB(A), low profile Contour seat, suspension, cloth-covered, adjustable Seat bell, retractable 3" Storage area for cooler/lunchbox Cab heater with pressurizer, w/ A/C Rear window defroster fans Radio ready, entertainment. Provides 5 amp, 24V to 12V converter, two mounted speakers, mounted antenna and cable. AM/FM stereo cassette Communication converter, Converter group for two-way FM communications radio. Provides 25 amp, 24V to 12V converter and wiring for two-way communications radio. Communications radio not included. Outside mounted mirrors Intermittent front windshield washer and wiper Rear window washer and wiper Speedometer/i'achometer Rear sunshade Electrical Back-up alarm Alternator, 150 ampere, sealed Batteries, 1400 CCA, 200Amp hrs Electrical system, 24 volt Stop and tail lights Starting motor Lights, cab and bar mounted, two hi and two low beam, cab mounted halogen headlights. Turn signal lights mounted front bar and radiator grill. Two bar- mounted halogen work lights. Work lights, Two front-facing halogen work lights mounted on operator's platform. Also includes two rear-facing halogen work lights mounted on the engine side panels. Snow wing light Amber strobe on the lefr side of cab Blue strobe on the right side of cab Powenrain Air cleaner, dry type radial seal with service indicator and automatic dust ejector Blower fan Brakes, oil disc, four-wheel hydraulic actuated Differential, lock-unlock Engine, C7 w/ ACERT diesel triple variable horsepower (VHP) Muffler, under hood Parking brake, multi-disc, sealed and oil cooled Prescreener Fuel priming pump Tandem drive Autoshifr transmission, 8 speed forward and 6 speed reverse power shift, direct drive with electronic shift control and overspeed protection Engine coolant heater, (and outside engine compartment) Ether starting aid tll/ Wheel Drive System Hydraulic front wheel drive system with electronic control system; manual and automatic operating mode Motors, front wheel dual displacement Pump, AWD system mounted on transmission FOB Aspen CO Other Equipment Rear bumper with hitch Cap locks for hydraulic tank, radiator access cover, and fuel tank Cutting edges, 8" x 3/4" (152mm x 16mm) curved DH-2 steel, 5/8" mounting bolts Locking engine compartment door Drawbar, 6 shoe with replaceable bronze-alloy wear strips Endbits, 5/8" (16mm) DH-2 steel, 3/4" mounting bolts Frame, arficulated with safety lock Fuel tank, 110 gallon (341 L) Elearic horn Moldboard, 14' x 2T' x 1" blade with hydraulic sideshift and tip Tires, 14.OOR24 x Snow Plus Michelin Tool box Blade lift accumulators Circle drive slip clutch Tire chain protection. Brake line covers, Protects against rite chain damage. Balderson 12' direct hydraulic snow wing with manual rear brace height adjustment Front mounted push -block Purchase Price: $ 242,589.00 Less 143H trade: -106 . 0 Net Purchase Price: $136,589.00 Warranties: Standard Warranty is one year total machine with travel rime for six months. Optional Extended Warranties: -5 year/5000 hour Premier Governmental Warranty- Add 10,180.00 -5 year/5000 hour Powenrain and Hydraulic Warranty- Add 0.00 -5 year/5000 hour Powenrain Warranty Add $ 4,290.00 Guaranteed Repurchase: Buy-back - 7years, 5,000 hours $ 140,000.00 Thanks for your interest. If you have any questions, please don't hesitate giving me a call. Prepare "San y" Lowell Sales Representative, Wagner Equipment Co.