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HomeMy WebLinkAboutresolution.council.027-19 RESOLUTION #027 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WAGNER EQUIPMENT COMPANY AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Caterpillar 962 Wheel Loader, between the City of Aspen and Wagner Equipment Company, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Caterpillar 962 Wheel Loader, between the City of Aspen and Wagner Equipment Company, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 25`" day of February 2019. Steven SkadAon, Mayor I, Linda Manning, 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 25, 2019. C Linda Manning, City Cl rk �F. YR CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN SUPPLY PROCUREMENT City of Aspen Project No.: 2019-50971. AGREEMENT made as of 15"' day of February, in the year 2019. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks Department (Matt Kuhn) 130 South Galena Street Total: $152,911.26 Aspen, Colorado 81611 Phone: (970)920-5055 If this Agreement requires the City to pay And the Vendor: an amount of money in excess of $50,000.00 it shall not be deemed valid Wagner Equipment Company until it has been approved by the City Council of the City of Aspen. c/o PO Box 919000 City Council Approval: renver,CO 80291 hone: (970)242-2834 Date: February 25, 2019 Resolution No.: 2019-027 Summary Description of Items to be Purchased: Parks Fleet-CAT 962 Wheel Loader Replacement Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. The City and Vendor agree 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 hereinabove. 2. Delivery. (FOB 585 Cemetcr% Lane. Aspen, CO 81611) [Delivery Address] 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. 12 Months Unlimited Hours, Parts and Labor(Travel Time included for the first 6 months) 3 Year/ 5000 Hour Premier Extended Coverage Plan 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. 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. 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, Ineli ig bility, 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. (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 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. (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 may 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 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 City. 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 using 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$50,000.00 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. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the forni of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original fonn or is not an original. 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: Attest: Asp qty Manager Linda Manning, City Clerk Z Date SUPPLIER: U 41 By:. ,�,- c� '✓ Title 9r- Date EXHIBIT A SUPPLY PROCUREMENT AGREEMENT DESCRIPTION OF EQUIPMENT ORDERED/PURCHASED MAKE:CATERPILLAR MODEL:962M-BR YEAR:2019 NEW 0 USED STOCK NUMBER:TBD SERIAL NUMBER:TBD SMU:TBA 962M SHAVER 4.30.18 COOLING CORES, 9 FPI BUCKET-GP, 114" 4.75YD3 (QC) LANE 3 ORDER FENDERS, BASIC + CUTTING EDGE, BOLT-ON REGIONAL PACKAGE, AM-N HOOD, NON-METALLIC QUICK COUPLER READY, STD LIFT STANDARD PACKAGE SOUND SUPPRESSION, STANDARD FUEL ANTIFREEZE, -45C (-50F) LINKAGE, STANDARD LIFT LUBRICATION, MANUAL, STD/LOG WORKTOOL'S LITERATURE COUNTERWEIGHT, STANDARD LIFT RADIO, CB (READY) TIRES, 23.5R25 MX XHA2 " L3 AXLES, LOCK/OPEN, ED RADIO, AM/FM/USB/MP3 BLUETOOTH WINDOWS, STANDARD HYDRAULIC OIL, STANDARD GUARD, POWERTRAIN FILTRATION, STANDARD STARTING, COLD (120V) FAN, STANDARD AIR INLET STANDARD, RAIN CAP LIGHTS, HALOGEN INSTRUCTIONS, ENGLISH HYDRAULICS, 3V RC, STD/LOGGER STEERING, WHEEL HMO STORAGE PROTECTION JOYSTICK W/FNR, 3V _ MANUAL DIFF, HMU ANTIFREEZE WINDSHIELD WASHER QUICK COUPLER, FUSION CAB TRIM, STANDARD PROTECTION, CYLINDER ROD LINES GP-IMPLEMENT 3V (QC) SEAT BELT, 3" W/INDICATOR ROLL ON-ROLL OFF _ CARRIAGE GROUP, 96" PRODUCT LINK, CELLULAR PLE641 ANTIFREEZE, -34C (-29F) TINE GROUP, 72" MODEL:962H -CATERPILLAR(AA) YEAR:2007 SN.: DEIN EQUIPMENT K6K00296 SELL PRICE $272,911.2 PAYOUT TO:-AMOUNT:PAID BY:Customer LESS GROSS TRADE ALLOWANCE ($120,000.00 MODEL: YEAR: SN.: TOTAL $152,911.21 PAYOUT TO: AMOUNT: PAID BY: MODEL: YEAR: SN.: PAYOUT TO: AMOUNT: PAID BY: MODEL:YEAR:SN.: PAYOUT TO:AMOUNT:PAID BY: ALL TRADES-INS ARE SUBJECT TO EQUIPMENT BEING IN"AS INSPECTED CONDITION'BY VENDOR AT TIME OF DELIVERY OF REPLACEMENT MACHINE PURCHASE ABOVE. PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS R TO BE FREE AND CLEAR OF ALL CLAIMS,LIENS,MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE. Quote 192899-01 CATERPILLAR Model:962M-BR Wheel Loader STANDARD EQUIPMENT POWERTRAIN -Engine, Cat C7.1 ACERT-Torque converter,with lock-up clutch- free wheel stator-Tranmission countershaft, automatic,- powershift(5F/3R)-Pump transmission, split flow-Productive Economy Mode(fuel- consumption optimization)- Brakes,full hydraulic enclosed wet-disc- with Integrated Braking System(IBS)-Brake wear indicators-Fan drive hydraulic, electronically- controlled,temperature sensing,- on demand-Fuel priming pump(electric)-Fuel/Water separator-Engine air intake with strata-tubes-Parking Brake, disk&caliper HYDRAULICS-Load sensing system with variable- displacement piston pump.-Hoses, Caterpillar XT-Couplings, Caterpillar O-ring face seal-Hydraulic oil cooler(swing out)-Oil sampling valves- Remote diagnostic pressure taps-Hydraulic Service Center ELECTRICAL-Batteries(2),maintenance free 140OCCA-Starting and charging system (24V)-Alternator, 115-amp brushed- Alarm, back-up-Ignition key;start/stop switch-Main disconnect switch-Receptacle remote start w/o cables-Starter,electric, heavy duty-Emergency shut-off switch-Rear camera-Electrical Service Center- OPERATOR ENVIRONMENT-A-Post mounted membrane 16 switch keypad-Climate Control-Bucket/Work tool function lockout- EH Parking Brake- Intermittent front wiper control-Horn,electric-Lights,cab dome (2)-Radio ready(entertainment)includes- antenna, speaker&converters(12V-- 10amp)-3 receptacles, 12V-Beverage holders(2)with storage- compartment for cell phone/MP3 player-Coat hooks(2)-Sliding Window-Ergonomic Cab access-Sun visor,front-Computerized monitoring system- Front dash information display with:--Speedometer/Tachometer--Digital gear indicator--Temperatures:engine coolant,- hydraulic oil,transmission oil--Fuel level-Warning Indicators:--Temperatures:axle oil,engine intake- manifold--Pressures: engine oil,fuel pressure- Hi/Low, primary steering oil,- service brake oil--Battery voltage Hi/Low--Engine air filter restriction--Hydraulic oil filter restriction--Hydraulic oil level low--Parking brake--Transmission filter bypass-Multi-function monitor:--180mm(7")color LCD touch-screen- display--Rear-view camera image display- (reverse travel activated)-Machine utilization information : --Total fuel consumption--Average fuel burn rate--Engine fuel consumption--Total idle time--Total operating hours--Travel distance (odometer)--Total idle fuel--Total operating hours, neutral--Total operating hours with hydraulic- filter in bypass OTHER STANDARD EQUIPMENT-Engine idle management system and auto- idle shutdown-Filters:fuel,engine air,engine oil,- hydraulic oil,transmission-Hitch,drawbar-Kickout, lift&tilt,automatic- (adjustable)-Sight gauges:engine coolant,hydraulic- oil, and transmission oil level-Lift and tie down points-Articulation locking bar-Parallel Z-bar lifting Page 2 of 5 Quote 192899-01 MACHINE SPECIFICATIONS 962M SHAVER 4.30.18 LANE 3 ORDER REGIONAL PACKAGE, AM-N STANDARD PACKAGE LINKAGE, STANDARD LIFT COUNTERWEIGHT, STANDARD LIFT AXLES, LOCK/OPEN, ED HYDRAULIC OIL, STANDARD STARTING, COLD (120V) LIGHTS, HALOGEN STEERING, WHEEL HMU MANUAL DIFF. HMU CAB TRIM, STANDARD SEAT BELT, 3"W/INDICATOR PRODUCT LINK, CELLULAR PLE641 COOLING CORES, 9 FPI FENDERS, BASIC + HOOD, NON-METALLIC SOUND SUPPRESSION. STANDARD LUBRICATION, MANUAL, STD/LOG RADIO, CB (READY) RADIO, AM/FM/USB/MP3 BLUETOOTH GUARD, POWERTRAIN FAN, STANDARD INSTRUCTIONS. ENGLISH STORAGE PROTECTION ANTIFREEZE WINDSHIELD WASHER PROTECTION, CYLINDER ROD ROLL ON-ROLL OFF ANTIFREEZE, -34C (-29F) BUCKET-GP, 114"4.75YD3 (QC) CUTTING EDGE, BOLT-ON QUICK COUPLER READY, STD LIFT FUEL ANTIFREEZE, -45C (-50F) WORKTOOL'S LITERATURE TIRES. 23.5R25 MX XHA2 ` L3 WINDOWS, STANDARD FILTRATION, STANDARD AIR INLET STANDARD, RAIN CAP HYDRAULICS, 3V RC, STD/LOGGER JOYSTICK W/FNR, 3V QUICK COUPLER, FUSION LINES GP-IMPLEMENT 3V(QC) CARRIAGE GROUP, 96" TINE GROUP, 72" Page 3 of 5 Quote 192899-01 SELL PRICE $272,911.26 LESS GROSS TRADE ALLOWANCE ($120,000.00) TOTAL $152,911.26 TRADE-INS Model Make Serial Number Year Trade Allowance 1962H CATERPILLAR(AA) I1<61<00296 2007 $120,000.00 WARRANTY&COVERAGE Standard Warranty: 12 Months Unlimited Hours, Parts and Labor(Travel Time included for the first 6 months) Extended Coverage: 3 Year/5000 Hour Premier Extended Coverage Plan F.O.B/TERMS: Aurora Page 5 of 5