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HomeMy WebLinkAboutresolution.council.100-12 RESOLUTION NO. Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Power Equipment CompM 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 Power Equipment 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 Power Equipment 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. 41 Dated: #0 ,qW '2012 00*0jawt 4041000e 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, n Colorado, at a meeting held { , 2012 Kathryn S. Ko�' it Clerk ,, k. The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2012-113. AGREEMENT made as of 22nd day of October, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Streets Department 130 South Galena Street Total: $157,051.00 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 $25,000.00 it shall not be deemed valid Power Equipment Company until it has been approved by the City Council of the City of Aspen. c/o Andy Remmo 2329 River Road City Council Approval: Grand Junction, CO 81505 Phone: 303-961-8957 Date: October 22, 2012 Resolution No.: (to —20(a_ Summary Description of Items to be Purchased: New Volvo L-120G Wheel Loader 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 1080 Power Plant Road, 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. See Exhibit B 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 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$25,000.00 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. 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. [SIGNATURES ON FOLLOWING PAGE] FOR THE CITY OF ASPEN: ATT T: By: City Manager ity Clerk ` VENDOR: POWER E UIPMENT COMPANY By: Vv Curl Ti le MAIN OFFICE.' P.O.Box 28 Denver,CO 80201-0028 �w Fax: 303-288-6809 Phone: 303-288-6801 P17WER Eq1 IMPMEN Co, 10/12/12 City of Aspen ° ° Streets Department 1080 Power Plant Rd Aspen,CO,81611 Attn:Willie McFarlin EXHIBIT A Final Pricing: Machine price from bid, after trade $144,881 Tyr 3000 hr full machine warranty $5,100.00 Counter balance weight $1,695.00 32 ply tire up grade $4,200.00 Air-ride seat $1,175.00 Total $157,051.00 2940 East Las Vegas St. 2329 River Road 3251 MJB Road 100 Barr Avenue,SE Colorado Spgs.CO 80906 Grand Junction,CO 81502 Casper,WY 82601 Albuquerque,NM 87105 Fax: 719-390-9604 Fax: 970-243-0726 Fax: 307-577-9703 Fax: 505-345-4715 Phone: 719-392-1155 Phone: 970-243-0722 Phone: 307-577-9700 Phone: 505-344-9466 r E- 1A B CONSTRUCTION EQUIPMENT NEW EQUIPMENT This plan excludes protection for any failure to any component caused by or resulting from the failure of a component not listed on the`Master Parts Schedule"including any resulting damage to a"covered component". See the Terns and Conditions document for complete plan details. PREMIER COMPONENTS COVERED All components listed in Powertrain and Powertrain+Hydraulics,plus: ENGINE TRANSMISSION/AXLES/HYDROSTATICS Engine Mounts And Supports Control Rods Filter Mount External Oil Lines Fuel Lines Filter Tubes(Transmission) Fuel Tank Pneumatic Valves Fuel Transfer Pump&Gasket Undercarriage Roller And Idler Seals And Bearings Oil Filler Tube Undercarriage Tensioners Oil Lines UNDERCARRIAGE EXCLUSIONS: Pulleys .....Sprocket,Tracks,Pads,Bolts,Chains,Or Any Failure Radiator Due To Wear,Or Breakage Caused By Wear Water Piping Fan And Fan Drive ELECTRICAL Air Intake Hose Alternator Engine Components Covered after Emission Warranty Gauges Catalytic Converter Hom Diesel Particulate Filter Indicators Selective Catalytic Reduction System Instruments Diesel Exhaust Fluid Tank and Dispensing System Electronic Joysticks Cold Start Enrichment Systems Electric Motors Sensors,Solenoids&Wiring Harnesses used in these systems Sensors Solenoid Valves FACTORY INSTALLED HEAT AND AIR CONDITIONING Starter And Starter Solenoid Accumulator Switches Clutch Traction Control System Compressor Voltage Regulator Condenser Wiring Harnesses Dryer Wiring Harnesses Exclusions Evaporator .....Rubbing,Chafing,Loose Or Corroded Connections Expansion Valve Heater Core STRUCTURAL Hoses Backhoe Booms Pulley Backhoe/Excavator Dipper Sticks Seals&Gaskets Excavator Booms Temperature Control Programmers and Valves Wheel Loader/Skid steer Loader Arms PREMIER EXCLUSIONS Filters,Belts, Lubricants,Antiheeze,Burnt And/Or Pitted Valves,Breathers,Batteries,Electrical Components Not Listed Above,External Hydraulic Seals, Dry Clutches,External O-Rings And External Bonded Washers,Hydraulic Quick Couplers, Hose Chafing,and Adjustments STRUCTURAL COMPONENTS COVERED This is a stand alone coverage and must be purchased separately Backhoe Booms Excavator Booms C Frame Forklift Masts Car Body Loader Arms Chassis Main Frame Cirde Frame Moldboard Lift Ann Dipper Stick Rollover Protection Structure(ROPS) Engine Frame Swing Frame Equipment Frame Track Frame STRUCTURAL EXCLUSIONS Pivot Pins,Forks,Carriages,Swingpost,Pivot Pin Bushings,Loader/Backhoe Links,3-Point Hitch Linkage,Extending Dipper Wear Strips,Deterioration Due To Use Of Non Factory Approved Attachments,Front ShovelalBuckets,Backhoe Buckets,Including Teeth/Side-Cutters,Wear Pads,Hose Routing Guides. 20112101 epg mps_us en_newce Page 2 This literature is descriptive only.The precise protection afforded is subject to the terms,conditions and exclusions of the contract as issued. Programs may be changed or cancelled without notice. COMMERCIAL EQUIPMENT SERVICE CONTRACT MASTER PARTS SCHEDULE CONSTRUCTION EQUIPMENT NEW EQUIPMENT This plan excludes protection for any failure to any component caused by or resulting from the failure of a component not listed on the`Master Parts Schedule"including any resulting damage to a"covered component". See the Terns and Conditions document for complete plan details. POWERTRAIN COMPONENTS COVERED ENGINE and all internal lubricated components within TRANSMISSIONS/AXLES/HYDROSTATICS Accessory Gears Axle Housing Camshaft Axle Shaft Camshaft Bearings Clutch Discs(Wet Only) Camshaft Drive Gear Clutch Plates(Wet Only) Connecting Rods&Bearings Counter Shaft Clutch Crankshaft Bearings&Gear Differential Housing Crankshaft Including Front And Rear Crankshaft Seals Differential Pinion Gear/Ring Gear Cylinder Heads/Head Gaskets Drive Axle Hub Cylinder Liners Drive Shaft with Universal Joints Engine Block Drive Shaft Support Bearing Engine Oil Cooler Electronic Transmission Controller and Valve Engine Speed Controls,Linkages,and Cables Enclosed ON Immersed Chains and Sprockets Flywheel,Ring Gear Final Drive Pinion Front And Rear Engine Covers And Seals Final Drive Planetary Gears Front Damper Front Wheel Drive Sensors Oil Pan And Gasket Hydraulic Drive/Travel Motor Oil Pump Hydraulic Drive Pump Pistons&Rings Hydraulic Transmission-Control Valve Pressurefremperature Sensors&Sending Units Hydrostatic./Hydraulic Pump Drives Rocker Arm Assembly Hydrostatic Motor Thermostats Hydrostatic Transmission Charge Pump Timing Gears Hydrostatic Transmission Pump Valve Cover And Gasket Internal Lubricated Clutch Housings Water Pumps Internal Transmission Control Linkage Engine Components Covered after Emission Warranty Internal Wet Service Brakes Charge Air Cooler MFWD Axle/Differential Assembly including Driveshaft and U Joint Electronic Engine Control Module Planetary Gear Carrier EGR System Manifold IPTO Clutch Housing(Scraper Tractors Only) Injection Pump Rotary Hydraulic Manifold Injectors Splifter Drive/Drop Box Intake and Exhaust Manifold And Gaskets Swing Motor And Swing Gear Box Turbocharger And Gasket Turntable Bearing Torque Converter COMPACTION/PAVING EQUIPMENT Torque Converter Pump Eccentric Mechanism&Bearings Transfer Drive Drum Seals Transmission Case Propulsion System Hydraulic Components Transmission Gears,Bearings,&Shafts Pump Drive Transmission Pump Reduction Unit Travel Control Valve Splicer Box Travel&Swing Sections(only)Of Main Control Valve Torque Hubs Wet Steering Clutches Vibration System Hydraulic Components POWERTRAIN EXCLUSIONS Engine/Transmission Mounts,Hoses And Fittings,Filters,Belts,Pulleys,Lubricants,Antifreeze,Burnt And/OrPitted Valves,Radiator,Wiring Harnesses, Breathers,Adjustments,Dry Clutches,Batteries,Electrical Components Not Listed Above,Pipes,And Gauges POWERTRAIN PLUS HYDRAULIC COMPONENTS COVERED All components listed in Powertrain,plus: Accumulator And Related Relief Valve Hydraulic Motors Brake Accumulator Hydraulic Oil Coolers Brake Pressure Sensor Hydraulic Pumps Brake Pump,Brake Valve Hydraulic Reservoir Differential Lock Valve Hydraulic Valves Fan Pumps And Motors Pilot Control Hydraulic Cylinders Pressure Reducing Valves Hydraulic Hoses and Piping Unloading Valves POWERTRAIN PLUS HYDRAULIC EXCLUSIONS All Powertrain Exclusions,(except Hydraulic Hoses and Fittings),plus Airand Water Hoses(Including Fittings),External Hydraulic Seals,External O-Rings And Bonded Washers,Hydraulic Quick Couplers,Oil,Filters, Breathers,Hose Chafing,and Adjustments 20112101_epg_mps_us_en_newce Page 1 This literature is descriptive only.The precise protection afforded is subject to the terms,conditions and exclusions of the contract as issued. Programs may be changed or cancelled without notice.