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HomeMy WebLinkAboutresolution.council.014-10RESOLUTION # I~ (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ICE BUILDERS SUPPLY INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING ULTRA DECK EVENT FLOORING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Ice Builders Supply Inc., a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Ice Builders Supply Inc. regarding Ultra Deck event flooring, 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: /~~~ ~~11 ~~ b 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 February 8, 2010. Kath S. Koch, City Clerk Fax sent by 13154138517 ICE BUILDERS 81-20-SB 06:59 Pg: 2/8 1i1~~.~hm>~ ~, R ll 5 d CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 - [ G ID SUPPLY PROCUREMENT AGREEMENT made as of BETWEEN the City: City of Aspen Project No_~ aa~o-ooG clay al' , in the year The City of Aspect cfo 130 South (;alma Street Aspen, Colorado A i fi i 1 Yhonc:(970)9Z0-5055 And the Vendor: Ice ~~~ ~~ Su~p~~1. ~rvc. eio mlu~ly eo ti t,~ ~rnS DI-is r~~L T tytr a l~ ~ %~ Phone: 31S ` 4//3'O~ <Ye'o'3y4"a~ Summary Description of Items to be Purchasal: Contract Amount: Total: $ S ~N If this Agreement requires the City to pay an amount of money in excess of $10,000.00 ft shall not tie deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: Resolution No.: S~ 1~ i .~.o v s q " Ezhibits appended and made a part of this Agreement: Lshibit A: List of supplies, equipment, or materials to be purchased. Fax sent by ~~13154138517 ICE BUILDERS BS-20-18 B7:BB Pg: 3/8 The City and Vendor agrce as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hcreinabove. 2. Deliv .(FOB ~yL~Ur~ .} [Delivery AdWessJ 3. Contract Documents. This Agreement shall include all Contract Dceuments 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. (Add Warranty provisions here). 5. Successrrrs and Assiens. This Agreement and all of the covenants hereof shall inure tit the benefit of and he binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor s hall ha ve t he r fight t o a ssign, t ransfcr o r s ublek it s int Brest o r o bligations he reorder without the written consent of the other party. b. Third Parties. This Agreement doee not and shall not be deemed or construed to confer upon or grant to any thirxt 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 urnstrued, 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. R. Agreement Madc 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. Atoomey'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 presumptiim shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or dral3ing of the Agreement. Fax sent by 13154130517 ICE BUILDERS 81-28-10 07:00 Pg: 4/B ll. Certification Reearding, Debarmeut. Suspension. ,Ineligibility, and Voluntary Exclusion. Vendor certifies, by ae;c;eptance 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 1~'ederal or State department or agency. !t 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. Tn 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. Crratuities. Kickbacks and Conflicts of Interest. (A) 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. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of employmerrt 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 prcx;eeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) 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 m ay have been disclosed at the time City Council approved the execution of this Agreement. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the Cily 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 subc:ontrar:tor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything tn3nsfcrrcd or received by the Vendor, and 4. lZecover 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 iur its sole discretion the City shall determine that such cancellation is in its best interests and wnvenience. Fax sent by 13154130517 ICE HuILDERS 81-28-10 B7:BB Pg: 5/8 14. Fund Availability. Financial obligations of the City payable after the current tiscal year a re c ontingent up on f ands f or t hat p urpose b Bing appropriated, b udgeted a nd o therwise made available. If this Agrexment contemplates the City using state or federal funds to meet its obligations herein, this Agrezment 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 $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-Discriminative. No discriminative 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 pulposes, shall be considered as the original. [SIGNATU1tES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATT T: City Clerk VENDOR: By: ~ I ~,N~-~ ~ ~a C c I~+-v~,~t Title City Manager Fax sent by 13154138517 ICE BUILDERS 81-28-18 07:80 Pg: 7/8 A~~.r..,~. N3u C~d~'~°3LQd~G~ PRODUCT SPECIFICATIONS Module Size: Width: 24" / 60.96 cm / 609.6 mm Length: l2" / 30.48 crtt / 304.8 mm Thickness: 1.125"'t'all / 2.858 cm / 28.58 mm Module Weight: 2.88 lbs. / 46.08 oz. ! 1306 kg. / 1306 grams Per Square Foot: 1.441bs. / 23.04 oz. / 0.653 kg. / 653 grams Per Square Meter: 15.50 lbs. / 7.03 kg. Material: High-impaeK polypropylene co-polymer. UV Inhibitors added. Fire Rating: UL 94HB (Underwriters Laboratory Yellow Card Number) 'This test signifies that this product does not flare up when exposed to an open flame and has a slow bum rate of 2° per mintue fora 2" wide, OS millimeter thickness test sample. ASTM 2859 (Flammability of Finished Texture Floor Covering Materials) -passed test • Testing reports available for fire ratings Hot Wire Ignition Rating: Melting Point: 324 Fahrenheit / 162 Celcius Operating Range: -10° F ~ 1 SO°F / -23.33° C ~ 65.56° C Support Structure: Flooring module incorporates multi-directional structural support ribbing, allowing for distribution of weight and loads. Weight Loading: 20,000 lbs sq/ft static load, solid sub-surface. Varies depending ou sub- surface. Ground Surfaces: UIUal7eck is designed to be used with little ground preparation over grass, gravel, sand, soil, concrete, asphah, ice, snow, mud, synthetic turf, rubberized tracks, and other standard surfaces_ Shipping: 40" x 48" Pallet: up to 816 sq/ft 463E Pallet (83"L x 103"W x 96"H Max): 3,312 sq/ft 20' Ocean Container: 8,160 sq/ft 40' Ocean Container: 16,320 sq/ft Nutc: High cube container loads can be loaded with additional product. 48' Truck: 19,684 sq/R 53' Truck: 2!,216 sq/R Fax sent by 13154138517 ICE BUILDERS Page 2 (EDU specificazions continual) B1-2B-1B 07:80 Pg: 8/8 Functional Features: a) Individual modules interconnect to form larger floot'ntg sections. b) Connection system allows for installation and disassembly without the need for connection or separation tools. e) Modules feature integrated, multi-directional cable channels on the underside of each treed, fur running power and communication wiring or rope lighting. d) Modules are designed to allow 90-degree rotation and still connect. Module can be connected in both directions and at any module connection point, allowing greater flexibility in floor design. e) Modules do not have any submerged channels into which debris or dtrt can enter from the top surFace, and arc easy to clean and maintain. ~D v~R~r~nN't 7 !1 Al (/~59~~ ~'BOdS ' 1 '~' -/YtA ~I /n/p ynn W mot, V A~ ~S.~.I~" I I ,-._..__ 3 Signature Fencing & Flooring Systems, LLC x 3 ',,' 50 East 42~ Street • Suite 501 I'~ I New York, NY 10097 Toll Free: 800-569-2751 •212-953-1116 • Fax: 212-953-1117 AOOrM@WWW.PVP1MdPtIf_MM•Fnn~7nn+wux., d..n~In-..i..w.i.... ......