HomeMy WebLinkAboutresolution.council.101-12 RESOLUTION NO. U
Series of 2012
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
BETWEEN THE CITY OF ASPEN, COLORADO, AND Honnen Equipment, 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 Honnen Equipment 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 Honnen Equipment. 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.
-� Z31t
Dated: **0 77l
® 2
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 ,2012
Kathryn S. Ko , City Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2012-112.
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: $79,086.00
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
Honnen Equipment until it has been approved by the City
c/o Shane Frazee Council of the City of Aspen.
2358 1-70 Frontage Road City Council Approval:
Grand Junction,CO 81505
Phone: 970-243-7090 Date: October 22, 2012
Resolution No.:
Summary Description of Items to be Purchased:
2012 John Deere 772G Motor Grader
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 Re ag rding 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 ST: :B Y
City Manager
City Clerk
VENDOR:
HONNEN EQUIPMENT
By:
Tcr �or!j MO.Ack-@ Q,4_
Title
HONNENNATIONAL w�R G
a GROVE _\ CRANE GROUP
EQUIPMENT .,a.wEXEM
October 2, 2012
Mr. Willy McFarlin
City Of Aspen
1080 Power Plant Road
Aspen, CO 81611
Dear Willy: 0 0 °
We are pleased to quote the following for your consideration:
(1) John Deere 772G, new 2012 model, S/N Factory Order.
The following factory and dealer options are included:
• JDLink Ultimate Telematics,
• 772G with Standard Controls,
• John Deere PowerTech PSX 9.OL meets EPA IT4/ EU Stage IIIB Emissions,
• Engine Exhaust with Flat Black Stack for 9.OL(EPA IT4/EU Stage IIIB only),
• Hydraulic Pump Disconnect(Cold Start),
• 130 amp Alternator,
• Lower Front and Side Opening Windows,
* Rear Camera,
* Heated Exterior Mounted Rearview Mirrors,
* 24-to-12 Volt Converter (30 amps),
* AM/FM Radio with CD and Weather Band (WB),
* Lower Front Intermittent Wiper Washer,
* Leather/Fabric, High-Wide Back Air Suspension Seat,
* Autoshift Transmission,
* Transmission Solenoid Valve Guard (Snow Plowing),
* DELUXE GRADING LIGHTS w/ 2 additional RH Cab Roof Lights (18 HALOGEN LIGHTS),
* 14 Ft. x 27 In. x 1 In. with 8 In. x 3/4 In. Cutting Edge and 5/8 in. Hardware,
* Reversible Overlay End Bits,
* Blade Impact Absorption System (Accumulators),
* Nylon Wear Inserts,
* Front Push Block,
* Rear Hitch and Pin,
* 14.0 R 24 Inch G2/1_2 Single Star Snow-plus Michelin Radial Tires w/ 3 pc. Rims,
* (2) Group 4D Batteries,
* Engine Coolant Circulating Heater- 120 Volt/ 1500 Watt,
* Ether Starting Aid,
* Front Window Movable Sun Visor,
• Rear Retractable Sun Shade,
• Flip Down Cab Beacon Bracket(RH) (Includes Beacon),
• Flip Down Cab Beacon Bracket(LH) (Includes Beacon),
• 5.0 lbs. multi purpose (ABC) Dry Chemical Fire Extinguisher,
• Slow Moving Vehicle (SMV) Sign,
• 12'snow wing with 42"Bench Height,
• Warranty: 7 Years/4000 Hours Power Train plus Hydraulics Secure Extended Warranty
5055 E 72nd Avenue 71SR I-70 E=taoe Road 16 Girard Street 150 Salt Creek Hiahwav 5217 S.Highway 59
Commerce City,CO 80022 Grand Junction, CO 81505 PO Box 27 PO Box 1180 Gillette, WY 82718
303-287-7506 970-243-7090 Durango, CO 81303 Mills, WY 82644 307-685-4288
970-247-4460 307-266-4474
Cash Sale Price: $252,586
Less Trade Allowance: $173,500. Trade unit(s): 2005 Cat 143H, SN APN00808;
Price Complete, Delivered: $ 79,086
Guaranteed Buyback Term:
1. 2 Year/ 1000 Hour = $252,586
2. 7 Year/ 5000 Hour = $161,800
The 2 year buyback option has been included to show our assufarrce in the Deere product and to provide a no °
risk opportunity to The City of Aspen for choosing an alternative manufacture/dealer for your Motor Grader
needs.
Estimated delivery 45-60 days from receipt of order!
We believe the equipment as quoted will exceed your expectations. On behalf of Honnen Equipment Co., thank
you for the opportunity to quote Grove machinery.
Sincerely,
Shane Frazee
Territory Manager
This proposal subject to the following conditions:
1) Current pricing and availability at the time of order.
2) Specific quoted units subject to availability.
3) All financing rates are subject to credit approval by lender.
File: City Of Aspen John Deere 772G, Proposal 1, 091012.doc
Extended Warranty Component Chart
Component Engine I Power Power Train Comprehensive Mainframe
Only Train + Hydraulics (Mining Only)
ENGINE -C&F and CWP ONLY
Engine and All Components within X X X X
Cylinder head and gasket X X X X
DOC/DPF X
ECU X X X X
Electronic engine-speed-control system X X X X
Engine block X X X X
Engine mounts and support X
Engine oil cooler and aftercooler X X X X
Engine oil lines X
Engine speed controls& linkages X
Engine speed controls&linkages- Excavators X X X
Filter mount X
Flywheel housing and gasket X X X X
Front and rear engine seals X X X X
Front damper X X X X
Fuel lines X
Fuel tank and associated parts X
Fuel transfer pump & gasket X
Hydraulic actuator X X X X
Injection nozzles X X X X
Injection pump and gasket X X X X
Manifolds and gaskets X X X X
Oil filler tube X
Oil pan and gasket X X X X
Pressure/temperature sensors and sending units X X X X
Pressure/temperature sensors and sending units X X X X
—EGR system manifold
Pulleys X
Radiator and hoses X
Ring gear and flywheel X X X X
Rocker arm cover and gasket X X X X
Thermostats X X X X
Timing gear cover X X X X
Turbocharger and gaskets X X X X
Water piping X
Water pump and gaskets X X X X
ENGINE—For Selected Products with Hitachi Engines—EX1200, EX1900, EX3600 ONLY
Camshaft X X
Connecting rods X X
Crankshaft X X
Cylinder block X X
Cylinder head and cover X X
Flywheel housing X X
Flywheel, vibration damper X X
Oil pan (sump) X X
Oil pan adapter X X
Oil pump X X
Rocker arm X X
Timing gears and timing gear case X X
Page 1 of 5
Extended Warranty Component Chart
Component Engine JPowerl Power Train Comprehensive Mainframe
Only Train I + Hydraulics (Mining Only)
EXCAVATORS- Hitachi Mining ONLY
Main control valve X X
Main/swing hydraulic pumps (excludes pilot and
lubrication oil pumps) X X
Propel transmissions (excludes sprockets) X X
Pump transmissions X X
Swing bearing X X
Swing control valve (breakage only, excludes o-rings
and seals) X X
Swing motors X X
Swing transmissions X X
Travel motors X X
TRANSMISSION/AXLES/HYDROSTATICS -C&F and CWP ONLY
Accumulator and related relief valves (transmission) X X
Axle(s) and differentials(s) X X X
Clutch housing (except dry clutch disk) X X X
Control rods X
Hydraulic Differential lock valve &associated parts X X
Differential lock valve &associated parts X
Driveshaft with universal joints X X X
Electronic and/or hydraulic control valves X X X
Excavator rotary manifold X X X
External oil lines X
Filler tubes (transmission) X
Filter screens X
Final drive X X X
Front wheel-drive sensors (not wiring harness) X X X
Hydrostatic system components including: Propel
motor, hydrostatic/hydraulic pump and related control X X X
valves powering propel and/or swing function (not dig
function)
Hydraulic-front-wheel-drive axle and wheel assembly
(including drive pump and motor, electric control, X X X
solenoid control valve, and divider valve)
Mechanical-front-wheel-drive differential/axle
assembly with its driveshaft, universal joint and X X X
control
Transmission Oil cooler X X
Power take off clutch housing (Scraper Tractor Only) X X
Pump and valve controller X X X
Reverser with control valve X X X
Sending units and sensors X
Shift-control linkage X
Splitter drive X X X
Swing motor and brake X X X
Swing gearbox and bearings X X X
Torque converter X X X
Tracked Feller-Buncher rotary manifold X X X
Transfer drive X X X
Transmission X X X
Page 2 of 5
Extended Warranty Component Chart
Component Engine I Powerl Power Train Comprehensive Mainframe
Only Train I + Hydraulics (Mining Only)
HYDRAULICS -C&F and CWP ONLY
Control &load holding valves X X
Cylinder packing kits X X
Hydraulic cylinders X X
Hydraulic oil cooler X X
Hydraulic pumps & motors&related control valves X X
Hydraulic reservoir X X
Locking pin cylinder X X
Pilot controls X X
HYDRAULICS -Hitachi Mining ONLY
Cylinder packing kits X
Hydraulic cylinders X
Steering Cylinder X
Hoist Cylinder X
Struts X
Transmission oil cooler X
Hydraulic tank X
BRAKES -C&F and CWP ONLY
Brake accumulator(Articulated Dump Truck Only) X X
Brake accumulator(Non ADT) X X
Brake pump X X
Brake valve X X
Pressure reducing valve X X
Unloading valve X X
Brake pressure sensors X X
Wet park brake pinion shaft, bearing, and bearing X X X
quill (motor graders only)
Wet service brakes X X X
Wet steering brakes and clutches X X X
ELECTRO-HYDRAULICS -C&F and CWP ONLY
Actuators (Drive Function) X X X
Controllers (Drive Function) X X X
Sensors (Drive Function) X X X
Actuators (Hydraulic Function) X X
Controllers (Hydraulic Function) X X
Sensors (Hydraulic Function X X
ELECTRICAL-C&F and CWP ONLY
Alternator X
Gauges X
Indicators X
Instruments X
Sensors I X
Sensors- Rotary X X X
Starter X
Starter(Scraper Tractor Only) X
Starter drive X
Starter solenoid X
Switches X
Voltage regulator X
Wiper motors X
Page 3 of 5
Extended Warranty Component Chart
Component Engine Power Power Train Comprehensive Mainframe
Only Train + Hydraulics (Mining Only)
Wiring harnesses X
FACTORY INSTALLED AIR-C&F and CWP ONLY
Accumulator X
Clutch X
Compressor X
Condenser X
Dryer X
Evaporator X
Expansion valve X
Heater hose X
Pulley X
Seals&gaskets X
Temperature control programmer X
OTHER-C&F and CWP ONLY
Bucket linkages X
Circle drive gearbox X
Fan &fan drive X
Fan Pumps& Motors (Hydraulic) X X
Motor grader circle X
Scarifier& ripper linkages X
Waste-Handler Package hydraulic valves, pumps, &
motors (Loaders only) X X
Winch—factory installed only X
STEERING -C&F and CWP ONLY
Axles X
Crossover relief valve X X
Priority valve X X
Secondary steering system components X
Spindles & supports X
Steering linkage X
Steering pump X X
Steering valves and cylinders X X
Tie rod &tie rod ends X
STRUCTURES Must be submitted as a StructurAll Special Allowance -C&F and CWP ONLY
Arm X
Articulation joint(incl. pins &bushings) X
Bin frame X
Boom X
Car body X
C-frame X
Circle frame X
Dipperstick X
Draft frame X
Engine frame X
Equipment frame X
Forklift mast&frame X
Grapple arch and grapple boom X
Loaderarm X
Loader frame X
Mainframe X
Moldboard lift arm X
Page 4 of 5
Extended Warranty Component Chart
Component Engine Power Power Train Comprehensive Mainframe
OnIv Train + Hydraulics (Mining Only)
Rollover protection structure (ROPS) X
Side frame X
Swing frame X
Track frame X
X-frame X
Z-bar I I X
PNEUMATIC COMPONENTS -Articulated Dump Truck Only
Airline hoses& lines &fittings X
Air components of brake systems X
Dump body X
Four way protection valve X
Unloading valve X
MECHANICAL DRIVE TRUCKS -Hitachi Mining ONLY
Differential X X
Engine coupler X X
Planetaries X X
Rear axle housing X X
Rear axle shafts X X
Rear wheel bearings X X
Rear wheel seals X X
Transmission X X
Transmission ECU X X
Wet disc brakes I X X
HITACHI MINING SHOVELS
Boom X
Arm X
Car body X
Mainframe X
HITACHI RIGID FRAME TRUCKS
Mainframe (see note below*) 1 1 7 X
*Hitachi Rigid Frame Truck mainframe warranty covers only the mainframe part and specifically does not cover the
following components: cab, trailing arm, rear axle housing,travel device housing, rear axle link, body(vessel).
Page 5 of 5