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HomeMy WebLinkAboutresolution.council.036-12 i RESOLUTION NO3 Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Dellenbach Motors , 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 Dellenbach Motors 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 a pp roves that Contract between the City of Aspen, Colorado, and Dellenbach Motor . 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: , 2012 Michael C. Ireland Mayor • -r 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 4112;:i. ,?J3 , 2012 1 Kathryn S. Koch, ity Clerk • • 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 AK require City Manager approval. They do not require competitive bids but require documentation of source selection Iv 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 replacement on 2 small all wheel drive SUV vehicles Project#: 2012-038 Budget estimate: $ Y0, p O 0 Is proposed expenditure approved in the Department's budget? / X /Yes / /No Explain process for vendor selection: This will be purchased through Colorado state bid. / / / Dept.Head approval of proposal: 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: / / / RFP or ITB Reviewed by City Attorney: / / / Advertisement / / / 2nd Advertisement (Attach Advertisement) /// Bid Opening: ContractorNendor Selected: Dellenbach Motors �t.Head approval: 1 1 / / / Award letter sent: ',ge 4//44 AA/ 3 signed contracts returned by vendor contractor / / 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. 411 / / / City Attorney Review. / / / City Manager Approval: / / / City Council Approval / / / Notice to Proceed Original signed contract documents to City Clerk,Department and ContractorNendor • SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2012- 3FM THIS AGREEMENT made and entered into, this 12th day of April of 2012, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Dellenbach Motors. hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase. Two (2) new year model Chevrolet AWD Equinox 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 _ Thirty One Thousand,Five Hundred Sixty Eight and no cents dollars ($31,568.00 ). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same 411 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 [1] • 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. 40 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. 0 7-PURCH [1] 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. 411 7-PURCH [1] • f- 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: BY: / City Manager ATTEST: `/.i/A/` i/ A.40 - City Cl/ VENDOR:b7_,k.,L2_1.1c NO-V6(1---S 411 Title. \ .. • 7-PURCH [1] 0 base delivery total 1-chevrolet equinox $20,859.00 $400.00 $21,259.00 1-chevrolet equinox $20,859.00 $400.00 $21,259.00 Total $42,518.00 Trade in vehicles amount $42,518.00 ford escape 3,250.00 minus trade $10,950.00 chevy trail blazer 7,700.00 contract total $31,568.00 total 10,950.00 O it f"'1 t NAL Colorado State Fleet Management Page 1 of 3 2012 VEHICLE SPECIFICATIONS elDealers Invitation to Bid 9/8/2011 Class:Sedan/SW-Reg Body Code:El STA WON MIDSIZE.4X4 Representative Models: 1:JEEP COMPASS 2:FORD EDGE 3:CHEVROLET EQUINOX 4:SUBARU IMPREZA MAKE: (he u y MODEL ° O OEM MODEL#: A-G ab TRIM LEVEL: /L S OEM CODE: `'L'S' 0 0 0 0 • STANDARD SPECIFICATIONS: OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS 103 PASS: 5 PERSONS MIN. SAD Comply 140 TIRES:ALL SEAS M&S RADIAL Q Y.z P pZp 5/6 s/e /7 149 TIRES:SPARE SPECIFY S/L) Compact a 173 WHEELBASE 103.0 IN.MIN ST/J //a a S 195 ENG MIN CYL•4 LEA y c y I. 201 ENG MIN DISP:2.2L LEA_ cQ. (L 298 CRUISE CONTROL/rILT S7') Cow l 300 AIR CONDITIONING-R134a T Cd1'i0/y 302 RADIO:AM/FM S' C©/n/y 307 POWER BRAKES&POWER STEERING MI //r©�/n//v 308 ABS BRAKES s-'n ( ..00/11/?�1 y/ r--,„ 310 SEATS:CLOTH SEATS STD /�p r l/v 0 320 FLOORING:CARPET _S1-0.— y 339 FUEL TANK:12 GAL MIN /8e$ G a.ilo h 7 342 AIR BAG- DRIVER&PASSENGER s n 31cie /,i n'c t a/So 400 MIRRORS:RIGHT AND LEFT STQ CO/1'),�/�7°' 402 REAR WIPER Sr'Q Crnip/ • 404 INTERMITTENT WIPERS STD Cowip 405 REAR WNDW DEFROSTER&REAR WIPER ST() Comply/ 410 TRANSMISSION:AUTOMATIC -Q 6 So AviL i 2 j 'C 609 ALL WHEEL DRIVE S7-6 r/I-,Gcs4:7 mode/ 800 FLOOR MATS FRONT AND REAR Sri) C©/ryJ n�" 910 PRIMARY FUEL UNLEADED S/ '�(.) c/-ex c(.,L/ -mil I Cj. l/ I-e• 991 STD WRNTY-BUMPER TO BUMPER 3/36 Sri) 36 Men(-h/ 36, 0 Me`/e `ao SS 9 ti STANDARD VEHICLE BASE PRICE$ j 4. AVAILABLE OPTIONS: OEM CODEACTUAL/COMMENTS PRICE 143 TIRES:OPTION#1,LIST SIZE S• C216 NON-STD ENGINE OPTION A: PP./11 i Y'`C S ,wci.Q ,� /444 o 309 L ('I, 30. ..C:3 254 ALT FUEL-OEM BI FUEL VA 255 ALT FUEL-OEM DEDICATED AM OR tGNMI ' Colorado State fleet Management Page 2 of 3 2012 VEHICLE SPECIFICATIONS Dealers Invitation to Bid 9/8/2011 Class:Sedan/SW-Reg :B4 STA WON MIDSIZE.4X4 Representative Models: 1:JEEP COMPASS 2:FORD EDGE 3:CHEVROLET EQUINOX 4:SUBARU IMPREZA MAKE: SJ1 t y_ MODEL: I a OEM MODEL ft: I 1.—Go, TRIM LEVEL: /1--S OEM CODE: /L S 0 • • 0 0 0 AVAILABLE OPTIONS: OEM CODEACTUAL/COMMENTS PRICE 256 E85-OEM BI FUEL jli,4 263 FACTORY DEEP TINT WINDOWS A 1<c) Comply a 8'S 284 REMOTE KEYLESS ENTRY ST8 Cilepirly 413 TWO-WHEEL DRIVE:FRONT L( I , q L/l+j` d e I I 4- 5a 6 ( o (1400) 444 ENGINE BLOCK HEATER ____ C-c,WI 10 I y /0 CD 472 EPACT AFV CREDIT:Specify _ALA_ f / -' 520 POWER LOCKS St7D (_O 11'1 /y N C 530 POWER WINDOWS STi) comp,y ' C 541 DELETE DAYTIME/AUTO HEADUGHTS Sq/ / e c 7 re S c /-e'/-e.r /g C) 599 AM/FM CD PLAYER s;f �C`�`r'F/y N c_ 608 HYBRID GAS/ELECTRIC ALA_ 610 3 ROW SAFETY CANOPY SYSTEM _S _ l 620 UPPER TRIM LEVEL PKG:SPECIFY eao ac l 2-, 6 —iiiod.2. / r ept:red 3o p 643 ADD DAYTIME RUNNING UGHTS S"r'n n1Mrl y NA 670 ADDITIONAL INSTRUCTIONS ON EXHIBIT A 727 CARGO COVER 0i/a C cr11f/y -0 763 PHEV(PLUG IN HYBRID ELEC VEH) _AL / - ---- 982 EXT WARRANTY-POWER TRAIN 5/100.000 S7 n 60 m o/-)fhb!00,0 o a �_ r 0 ORIGINjjColorado State Fleet Management Page 3 of 3 2012 VEHICLE SPECIFICATIONS 411 Dealers Invitation to Bid 9/92011 Class:Sedan/SW-Reg Body Code:B4 STA WGN MIDSIZE.4X4 Representative Models: 1:JEEP COMPASS 2:FORD EDGE 3:CHEVROLET EQUINOX 4:SUBARU IMPREZA MAKE: C/I Z U 1' MODEL: / 0 C OEM MODEL 4: /LGo�h TRIM LEVEL: /LS OEM CODE: / 0 0 0 • 0 • AVAILABLE COLORS: Please attach manufacturer color chart OTHER VEHICLE SPECIFICATIONS/OPTIONS (Please attach separate sheet if necessary) PRICE STANDARD FACTORY WARRANTY(Attach detailed description): MILES MONTHS Bumper to Bumper - 1/b60 31 ' RO(,Lds/ de_ Drive Train /00000 6 0 1 O o,000A O moOther 10 0/00 0 `) Cox-roS�o i6 OPTIONAL FACTORY WARRANTY(Attach detailed description): MILES MONTHS PRICE EM S-ervice.. C y- rue -IS 000 toa 1 a1u V �^ Q EPA FUEL RATING: a, M.P.G CITY, O� 1 M.P.G HIGHWAY OEM MINIMUM FUEL RATED OCTANE: p J , DELIVERY: 0—I 00 DAYS FROM DEALER RECEIPT OF ORDER FROM STATE(E.G.90 DAYS). IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS: DEALER NAME: ir3.P `l f Y\ 1bC,C 61-0A-S BIDDERS NAME: ROY\ 14.e LkS j 1'\ u DEALER PHONE: 9 7 0- SIGNATUR _ l , O l .., • ORIGINAL ' • i1 1ee c�ii 't• OVERVIEW NEW FOR 2012 Select Standard Features The Chevrolet'Ecjuinox;is,a ■`2:4L'DDHC SIDI'4 cylinder Safety and Security compact crossover..wiiIi disttnr Live; ergine.withtE85afiexFuel", a Dual-stage frontal and side-Impact air bags for driver and design.It features;an innovative •:caliabiilty";standard; ' right-front passenger and head curtain side-Impact air interior with,generousirear:seat bags for front and rear outboard seating positions;Includes {■ Fonward collisibnralert°and lane, Passenger Sensing System* rnomfan(;.passenger/cargo 9 9 . depafturemarnii-giavailatile, a LATCH(Lower Anchors and Top tethers for CHildren) versatility: `' l■,,Chevy,MyLirik,rriirdless 0 a Electric rear doot child security power locks e corinectivrry availabie(intenim. i a Blind zone mirrors avail blhty •yrequlres Android ■StabiliTrako stability enhancement system , i a Theft-deterrent alarm system or,lhhone,platforinfaridraative) a Daytime Running Lamps . lOnStarrsubscnptlon'whichnls a OnStare 6-month Directions&Connections Plan'with tstandardiforr6 rponihs) Turn-by-Turn Navigation(fleet delete available) 0 • •' ..k ', „,1,',„ t. a Tire Pressure Monitoring System"' ' • • �;.".'�■iDIftic ori6lmll *standards e'...a .1,,,,.- -z y ,_ ^x Y �/ a F..`._'� p,, `i-"p a.c.--..." , ._ .. ` 1- !J'.N\ \ ,:'� ley L ��*. `; "ti—t'� Via`';°' :` 17' �. '—..---. f ! F\ '�J�p ?, �A r ■ r tit r 1 - ti. = ; a� ` M p" 'Scr,n ith ep.�or 'egrpmennt ',. t x f` ,..• 1 .t ; ;;:, 7��r?J �� !4) Interior I .; V-- `j:i-6 "1‘. C- = t 1 ! a Front reclining bucket seats with driver power lumbar and•Y` •-a p�1 .„n 0' power height adjuster a � 4 r �_ "j • MuftiFlex sliding,reclining rear seat with 60/40 split in Air conditioning .. - a Cruise control -`---- • Driver Information Center -° -) a Remote Keyless Entry . ' • • ” — _..,I a Tilt/telescoping steering column ' a AM/FM stereo with CD/MP3,outside temperature,auxiliary input jack,Me Radio,with a 3-month trial(fleet delete � �'EFFICIENTFEATURES), available),steering wheel controls "'`.` ` ` -- ._ a Bluetoothe wireless technology for select phones ,>:Standard 4-cylinder engine i • >Standard Ee5 FlexFueP capability— ' i Mechanical ' ,'Standard Spark Ignition Direct Injection a Front-Or all-wheel drive >Standard&speed automatic transmission 1 a 2.4L SIDI 1-4 WT engine with 182 hp and E85 FlexFuele capability., �� �, a 6-speed automatic transmission cared child'restraint tor For to 4-wheel disc antilock brake system vehicles ago and dae,erairb a 4-wheel independent suspension vehkks eetipped wdh air baps. Even hi vehicles*Wed aM a Variable-assist electric power steering Passenger Sensing System, daldren are safer when properly Available Exterior Colors'g segued in a rear seat ra as appropriate infant,chid a a bor Exterior Gre GAZ GLBg1� seat.Never ptacearw•fadng a Intermittent front and rear wipers �,� Summit HRdte Metallic Blue Edam resuand in the front seal d V� v any vehicle equipped wdnanactive a Folding,power rearview mirrors henerairbag.seeywrvehkte a P235/60R17 all-season tires and aluminum wheels GAO purer Manual end child safety heal mew, � Black ofb, ruformare information. • Luggage rack side rails(LT,LTZ) ova l�la with Federal Emissions a Compact spare tire on steel wheel GAR GnA efdi Black Gran to Mocha Steel a Rear liftgate Waffle Metallic Tea not ape to spare System dots not apply to agate fim. 48 nr cnpo not Ing Ichsclosures;cli%k here to go to 13st page:, t Tabieiof Contents if or more information rip in grnlleetcomr