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Home My WebLink Aboutresolution.council.029-19 RESOLUTION #029 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND FRANK J. ZAMBONI & COMPANY, INC 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 a Zamboni 552AC, between the City of Aspen and Frank J. Zamboni & Company Inc, 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 a Zamboni 552AC, between the City of Aspen and Frank J. Zamboni & Company Inc, 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 11 th day of March 2019. It-7 Steven S Bron, 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, March 11, 2019. Linda Manning, City C1 k CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OFASPEN SUPPLY PROCUREMENT City of Aspen Project No.: 2019-50359. AGREEMENT made as of 11 day of March, in the year 2019. BETWEEN the City: Contract Amount: 'I'he City of'Aspen c!o Aspen Recreation ('enter 130 South Galena Street Total: $129,929.80 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 Drank .I. 7.anihoni K Conlpam. Inc. until it has been approved by the City c,`u Doug" Peters Council of the City of Aspen. 15714 Colorado Avenue City Council Approval: ParamMnt. CA 90723 1110ilt: 562-633-0751 Date: March 11, 2019 Resolution No.: 29. Series 2019 Summary Description of Items to be Purchased: Ianlbonl 552AC Exhibits appended and made a part of this Agreement: F'xhihit A: List of'supplics. 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 0861 Maroon Creek [toad. Aspen. ColoriLlo) [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. Twenty lour (24) months or 2.000 hours. parts and replacement olily. 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 Ineligibility and Voluntar,_y 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 form 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 form 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: Aspen City Manager rinda Manning, City Clerk 3 12-119 Date SUPPLIER: FRANK J. ZAMBONI & COMPANY, INC. By: Title 1- Date Exhibit A Supply Procurement Agreement MODEL: Zamboni 552AC QUANTITY: One (1) CAPACITY: Full Size Snow Tank 100 cubic feet (actual volume) 120 cubic feet (compacted) Ice Making Water Tank Constructed of High Density Polyethylene 200 U.S. gallons Wash Water Tank Constructed of High Density Polyethylene 82 U.S. gallons Total Water Capacity 282 U.S. gallons ELECTRONIC CONTROLS: Sevcon Gen4 AC Motor Controllers Sevcon solid state controls provide for infinitely Variable traction speeds, as well as optimum control of the accessory pump operations. Sevcon controls offer the latest in electronic technology and provide exact optimized control to achieve outstanding operability. These controls have been proven throughout the world in demanding applications such as forklifts and airport equipment. ELECTRONIC CONTROLS: "On-Board" Diagnostic Features Operator faults, eg. starting in gear or parking brake on • Faults due to Component failure • Motor temperature warning Sevcon Display • Sevcon dash display relays information about the motor controllers • Full diagnostics with alphanumeric display including fault codes • Battery Discharge Indicator (BDI) and motor controller hour meters. ELECTRIC MOTORS: • 24 HP (18kW) brushless AC traction motor w/ temperature sensor • 11 HP (8kW) brushless AC pump motor w/ temperature sensor BATTERY & CHARGER: • 510 Amp Hour heavy-duty industrial type lead acid batteries. Heavy-duty features include a tabular solid plate design and heat bonded jar. • "Intelligent" charger is microprocessor controlled to provide the best charging sequence in all conditions. DRIVETRAIN: Dana/Spicer Axles • Front - Model 60, rated 6,400 Ib. capacity. • Rear - Model 60, rated 6,200 Ib. capacity and is a rigid, full-float design. • Because the 552 uses Spicer/Dana axles that are optimized for our chassis, we offer the industry's highest manufacturer approved axle capacities. DRIVETRAIN: • Our chassis/axle combination is the key to the Zamboni 552 having a turning radius of 16 feet, a full 3 feet tighter than most other machines. Transfer Case • Rugged cast iron housing for rigid gear and bearing support. Heat-treated alloy steel gears are helical cut for greater strength and lower noise. • Traction drive motor is directly-mounted to the housing for long shaft life. Chassis • 2" X 5" structural steel tubing for high strength and long service. HYDRAULICS: Pump and Motor • Gear-type for high efficiency, flow and speed. This design has been proven in many rugged applications and helps to continue Zamboni's reputation for the best conveyor performance in the industry. Steering Pump • The use of a hydraulic steering system provides very smooth power steering with little effort. Filtration and Tank • Parker '10 micron hydraulic filter ensures a clean environment for all hydraulic; components. • Large 21 gallon tank enhances hydraulic fluid travel to rid the oil of entrapped air and increase heat dissipation. SNOW TANK AND AUGERS: • Large snow capacity and tank design provides all areas of the snow tank to be completely filled, even the top and rear corners. • Both 10 inch large diameter augers are double- flighted to ensure good performance even during heavy shaving and the augers are powder coated for durability. CONDITIONER: • Zamboni Ice Resurfacers have a well-deserved reputation for producing the finest sheet of ice, even after many years of being in use. • A unique design of spring and hydraulic down pressure is used for superior shaving results. • Performance will continue for the life of the machine by using replaceable bushings and springs. HUMAN ENGINEERING: • The operation of the 552 is very simple. The operator selects the travel direction, then drives the machine with a foot control. Because the conveyors are independent of vehicle speed, the 552 provides full power and speed to the augers at all times, even when slowing for corners. • Speed is controlled by a single foot pedal. A solid- state electronic actuator provides smooth and responsive acceleration. ELECTRONIC CONTROLS: FACILITY • Operator compartment has an ergonomic layout and includes a modern steering wheel with spinner knob. • The MOSFET electronic controls, while securely locked to inhibit unauthorized entry, are conveniently located should service be necessary. The battery is easily accessed through both side doors for routine maintenance checks, even with the snow tank down. • Wiring and looms are well routed and protected. • Vertical auger cover reduces noise and provides an aesthetically pleasing look to the rear platform of the machine. ENGINEERING: • Zamboni Ice Resurfacers offer unparalleled shaving and snow conveyor performance. A quality sheet of ice is among an arena's primary selling features. • Zamboni has the tightest turning radius in the industry, enabling operators to resurface deeper into their corners. • The snow tank on the 552 is designed with a flat bottom and sides, allowing for the snow to slide out with the least amount of residue and at a much lower height. This is important for both dumping indoors as well as outdoors in adverse conditions. • Polyethylene ice-making water tank is standard. This tank is completely rust free and has a 8" quick access cover for inspection and clean-out. WARRANTY: Twenty-Four (24) months or 2,000 hours, parts replacement only. SOURCEWELL Contract Pricing Zamboni 552AC .......................... $110,150.00 Battery to be Supplied by Customer • Board Brush w/ Power Brush Fill............ $ 6,025.00 • Aluminum Wheels .................................. $ Standard • Wash Water System w/ Poly Tank.........$ 4,700.00 • Guide Wheel .......................................... $ Standard • Black Powder Coated Conditioner..........$ Standard • Parking Brake......................................... $ Standard • Water Level Sight Gauge ....................... $ 270.00 • Conditioner Poly Side Plate.................... $ Standard • Snow Tank Light..................................... $ 400.00 • Tire Wash System .................................. $ 1,360.00 • Stainless Steel Water Distribution Pipe.. $ 385.00 • Heated Seat ........................................... $ 1,500.00 • Spare Parts Package ............................. $ 5,550.00 SUB-TOTAL: $130,340.00 Less Sourcewell Discount ($3,910.20) Transportation $ 3,500.00 TOTAL: $129,929.80