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HomeMy WebLinkAboutresolution.council.056-11 RESOLUTION NO5( Series of 2011 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Intermountain Sweeper 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 Intermountain Sweeper 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 Intermountain Sweeper 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. V al Dated: A I /s T Z O , 201 / / � 44r' � /1 4449M ail i J � ' Z�C / ed Michael C. 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 &A r a , 2011 hi c Kathryn S. Ko , City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2011 — 6FM THIS AGREEMENT made and entered into, this 20"' day of July of 2011, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Intermountain Sweeper Co. . , hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase, One (1) 2011 Tymco model DST6 Street Sweeper. 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 _ One Hundred Ninety -Nine Thousand, Five Hundred Twenty Five and no cents dollars. _ ($ 199,525.00 ). 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. Wan 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 7 -PURCH 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. 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 Regarding 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 this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Wan 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 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 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 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 �>CITTYYOOF ASPEN: . /Y w By: . C 7 2 i- City Manager ATTEST: City Clerk VENDOR: / OU4%%4k J (� B cm1 /k- Title. 4 7 -PORCH r�rr�� ��yr� QUOTATION ilk 1 L' RMO VN i SWEEPER CO. 4300 Farm Road DENVER OFFICE W estS Premier Sates PO Box 187 3881 Paris Street SA ,�.,c' - West Jordan, Utah 84084 Denver, Colorado 80239 ' ''�' '� + : ibr - "• rs (801) 280 -7010 (303) 574 -0340 FAX (801) 280 -7050 FAX (303) 574 -9468 Toll Free Outside S.L. 1- 800 - 748 -5456 (888) 793 -3726 (outside Denver) • • TO Jerry Nye ( QUOTATION DATE SALESPERSON City of Aspen \ 512•111 Mile TERMS SHIPPED VIA FOB. F.O.B. ESTIMATED SHIPPING DATE way k Net 10 Best - DESCRIPTION Destination S UP7fO ' 9 (ES" ° AMOUNT Tymeo 600 Dustless Regenerative Air Sweeper $243,525.00 Mounted on Isuzu T- Series Cab over Chassis Less rade in BUILT IN VALUE INCLUDES -544,000.00 John Deere turbo diesel aux. engine -99 HP Auto shutdown for lo oil and high temperature Net 5199,525.00 HD air cleaner with turbo pre cleaner/filter minder Dustless dry sweep system- Series 11 High efficiency dry filter system with wet sweep capability Automatic self cleaning filter system purges filters Separate secondary containment area for ultra fines 220 Gallon water system with air purge clean out and drain system Cat 290 water pump with hi/low wash down system BAH Broom Assisted Head Dual gutter brooms with dual in cab gutter broom tilts, mirrors, lights Hopper deluge clean out Rubber lined blower with Lo Noise ratio Abrasion protection package and severe weather wiring package Auxiliary 8" suction hose with hydraulic assist boom Duo skids with 2 Year warranty Dual steering with air suspension seats Deluxe back lit control console Amber strobe w/limb guard and flashers on rear Back up alarm and rear floodlights 215 HP Turbo charged Engine with Allison 2500RDS transmission 33,000 GV W Chassis with Air suspension and Bendix Air Dryer AM/FM/CD stereo and air conditioned cab Operator/Training video e E P TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD VOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR ENTION. THIS QUOTATION IS VALID FOR DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. QUOTED BY ACCEPTED BY DATE Intermountain Sweeper Co. PURCHASER ORDER # THANK YOUI WE APPRECIATE YOUR BUSINESS. . QUOTATION I N 1 L' RMO N i • ! SWEEPER CO. 4300 Farm Road DENVER OFFICE PO Box 187 3881 Paris Street 8A .� ->t J "try - lif wea Pre SB/e#- _and West Jordan, Utah 84084 Denver, Colorado 80239 .< :-... .../ i . ':� "..., Por . ". •re (801) 280 -7010 (303) 574 -0340 ,.,,r ✓ beers FAX (801) 280 -7050 FAX (303) 574 -9468 �._ _ Toll Free Outside S.L. 1- 800 - 748 -5456 (888) 793 -3726 (outside Denver) TO Jerry Nye • ( QUOTATION DATE SALESPERSON City Of Aspen K— 5/2 Mike . • TERMS SHIPPED VIA FO.B. ESTIMATED SHIPPING DATE Sy Net 10 Best ""- HESCRIPTION on WIth OPTTUN PRICES AMOUNT Tvacs611t BAH Broom Assist Head Included Lo noise Turbo charged engine 99 HP Included In cab hydraulic gutter broom tilt - each Included Auto Sweep Interrupt System Included Auxiliary Suction hose with hydraulic assist and auxiliary Included hydraulics Included Aux hand hose extension nozzle S425.00 Hi/Low pressure wash down system with Cat pump and wand Included High output water system for extreme dust control Included Reverse Pickup Head Chains Included In cab dump switch Included Engine Intake heater Aux engine Included Hopper load indicator Included Stainless steel hopper, screen and blower housing $19,250.00 Full length cab light bar- LED type with 12 modules $2,200.00 Arrow stick with in cab controller 31,295.00 Electric Remote and heated mirrors Included Leaf Curtain Lifter Hydraulic with in cab actuator Included Wire woven Chip Screen Included Variable Speed Gutter Brooms Included Aux Fuse panel for lights and radios Included Head Dehrge cleanout Included Some options may affect standard equipment by change or upgrade IJD Chassis when Isuzu chassis are sold out S13,500.00 Municipal LeasdFurcbase Annual payment in advance. Ownership reverts to city on final payment 5 Year term - S.00 6 Year I - S.00 RE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR • MPT A • TION. THIS QUOTATION IS VALID FOR DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WiTHOt1T NOTICE. QUOTED BY ACCEPTED BY _.. DATE._____ Intermountain Sweeper Co. PURCHASER ORDER # THANK YOU! WE APPRECIATE YOUR BUSINESS. PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,000 require City Manager approval. They do not require competitive bids but require documentation of source selection - process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City Council approval. ALL CONTRACTS Procurement Description: Fleet R lacement on one T mco Street Sweeter for the Streets Department Project #: _ail ) 1 %' Budget estimate: $ $200,000.00 Is proposed expenditure approved in the Department's budget? / X / Yes / / No Explain process for vendor selection: This purchase is the result of Sole Source from Intermountain Sweeper. Streets department Started using the Tymco DST 600 sweeper in 2001 and currently operate 3 of the Tyinco DST 600 Sweepers. Intermountain Sweeper in Denver has supplied all of our sweepers since that time. Intermountain Sweeper is the only Tymco dealer for the rocky Mountain region. We went with the Tymco dustless sweeper because of its ability to sweep waterless in the winter months and have great success with this machine. Staff has been thoroughly trained in the operation and maintaience on this machine and has doing so for the past 10 years. The replacement parts that we currently have in stock will still remain interchangeable to the new machine. / / / Dept. Head approval of proposal: Naar' CONTRACTS OVER $2,000 AND UNDER $10,000 ContractorNendor Selected: / / / Dept. Head approval: / / / City Attorney review: / / / City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor /Contractor CONTRACTS OVER $10,000 / / / RFP or ITB Completed: / / / Eng. Dept. Review: i / /v / /// RFP or ITB Reviewed by City Attorney: / / / 1" Advertisement / / / 2 Advertisement (Attach Advertisement) / / / Bid Opening: ContractorNendor Selected: Intermountain Sweeper / / / Dept. Head approval: / / / Award letter sent: ^+h / / / 3 signed contracts returned by vendor /contractor. --w/. / / Performance and Payment Bonds received / ( Certificate of insurance received / / / Finance Department Review: If Over $25,000, / / / Prepare cover memo and resolution for City Council Approval. / / / City Attorney Review. / / / City Manager Approval: / / / City Council Approval / / / Notice to Proceed Original signed contract documents to City Clerk, Department and Contractor/Vendor .•r • w/ .ry