HomeMy WebLinkAboutresolution.council.046-13 RESOLUTION #46
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND INDUSTRIAL SYSTEMS INCORPORATED 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 an
Incline Vac Water System Maintenance Trailer, between the City of Aspen and
Industrial Systems 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 Incline Vac Water System Maintenance Trailer, between the City of Aspen and
Industrial Systems 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 22nd day of April 2013.
Michael C. Ire rid, Mayor
y_Z6- �/Z
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, April 22, 2013.
Kax n S. Koch, City Clerk
CITY OF ASPEN STANDARD FORM OF AGREEMENT ' The eityofAspen
SUPPLY PROCUREMENT
City of Aspen Project No.: 2012-142.
AGREEMENT made as of 22nd day of April,in the year 2013.
BETWEEN the City:
The City of Aspen Contract Amount:
c/o Water
130 South Galena Street Total:
Aspen, Colorado 81611 $53,938.00
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
Industrial Systems Inc. until it has been approved by the City
c/o Lynn Buckner Council of the City of Aspen.
PO Box 609 City Council Approval:
Chickamauga, GA 30707
Phone: 423-413-7823 Date: �f f
Resolution No.:
Summary Description of Items to be Purchased:
Model 250 Incline-Vac Water System Maintenance Trailer
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 500 Doolittle Drive, Aspen, Colorado 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. (Manufacturer's warranty applies).
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, affectronal 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. A_uthorized 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:
ATTEST: By:
Ci Manager
City Clerk
VENDOR:
Industrial Systems Inc.
By:
Title
r
EXHIBIT A SUPPLY PROCUREMENT AGREEMENT
" Industrial Systems, Inc
P. O. Box 609
Chickamauga, Ga. 30707
Email lynn @incline-vac.com
Mobile: 423-413-7823
Fax. 706-931-2159
incline-vac.com
PROPOSAL-CONTRACT
DATE: 27 Nov. 2012
QUOTE# 2012-142 Aspen
SHEET 1 OF 3
TO: City of Aspen
130 S. Galena Street
Aspen, Co. 81611
ATTENTION: Rebecca Hodgson
rebecca.hodgson @cityofaspen.com
YOUR INQUIRY: Model 250 Incline-Vac Water System Maintenance
Trailer
PRICES: f.o.b. 500 Doolittle Dr. Aspen, Colorado 81611
TERMS: 35% Down with purchase order
Balance before shipment
See our Video at Incline-Vac.com
SHIPPING SCHEDULE : Six to Eight weeks after receipt of your written
purchase order and down payment.
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SPECIFICATION SHEET
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City of Aspen DATE:27 Nov.2012
130 S. Galena Street QUOTE#2012-142 Aspen
Aspen, Co. 81611 SHEET 2 OF 3
ITEM SPECIFICATIONS
TOTAL COST
1 Model 250 Incline-Vac to include: $32,200.00
Trailer Frame-A 7,000 Lb.GVWR rated trailer with a single 7,000 lb.axle,electric brakes,8
lug 16"wheels with 235/75R16 tires.All lights and wiring are D.O.T.compliant.2 5/16"ball
type hitch and a 10,000 lb. 15"drop-leg jack.A diamond plated aluminum tool box 36"L x
20"D x 18"H.Trailer has a white baked on power coat paint.Trailer is fitted with 2 Halogen
work lights and Caution strobe light.
Engine 38HP air cooled Kohler gas engine with 12vdc starter.All operational controls are
on the curb side and includes an hour meter,water pressure gauge,an anti-freeze selector
valve,a water tank fill valve and switches for water pump on-off,hydraulics on-off,vac
door open-close,work lights on-off,and strobe lights on-off.
Vacuum Features-Belt driven positive displacement rotary lobe vacuum/blower capable of
producing 500CFM at 16"of Hg.Vacuum blower includes a 12VDC drive clutch and an on-
off switch on the curb side control panel.A 6"Stainless Steel ball float system insures a
positive shutoff of the vacuum when the vacuum tank is full.An 8ft.long x 3"dia.non-
conductive vacuum wand with an anti-clogging ultra-high velocity suction end is attached
to a 3"dia.x 30ft. long vacuum hose which is connected to a 4"vacuum tank inlet.Air
filtration includes an 80 sq.ft.x 0.5 micron wet-dry vacuum filtration with a vibrating self-
cleaning design and user friendly access to wash the filters each time the vacuum door is
opened.A 225 gal.vacuum tank is permanently positioned at an angle sufficient to not
require a tilt to dump mechanism.The vacuum door is powered and remote controlled and
includes an attached drag bar for assisting in the removal of solids from the vacuum tank
when the vacuum door is opened.The inside bottom of the vacuum tank is covered with a
.1875"thick UHMW coating so as to make it easier to unload solids from the vacuum tank.
Water System-200 gal.water storage Tank on the trailer with a 3"valved water fill,a 1.5"
valved drain,and a 3/4"spigot.A belt driven,clutch operated water pump capable of
producing 4.5gpm at 3,500 psi with an anti-freeze system and a low level switch in the
water tank to disengage the clutch at a pre-determined low water level.Includes a 50 ft.of
3/8"high-pressure water hose mounted on a reel with a locking mechanism.Also included
is a 5 ft.long water wand with a turbo pulse digging nozzle and a 3 ft. long water wand with
a wash down nozzle.
2 Hydraulic powered Valve Exerciser on a 13' articulated Boom Arm to include: $12,240.00
Valve Exerciser-Hydraulic driven valve exerciser with a rated maximum torque of 1,000
foot-pounds of torque;a 0-30 variable rpm range;a rotation counting accuracy of.1
revolution;and the ability to display this information on the control panel.The torque is
pre-selectable to a maximum allowable torque setting.The hydraulic flow rate and pressure
is 8 gpm at 2,000 psi which is compatible with common commercial hydraulic hand tools.
Valve stem rotation direction and speed is fingertip adjustable from 5 to 30 rpm.The
hydraulic driven valve exerciser head is quick coupled to the boom arm for easy
disconnection from the boom arm and for use with the 30 feet of connectable hydraulic
hose from the dual hose retractable hose reel which is included.The torque wrench head
is rotate able up to 90 degrees.The valve exerciser is can open a fire hydrant and can
exercise an in ground utility valve without adding or changing adapters.The entire valve
exerciser assembly has a baked on powder coating paint.
_Articulated Boom Arm Assembly includes:
a telescoping reach of 13 feet,
320 degrees of horizontal travel,
60 degrees of vertical travel,
-extendibility to exercise a valve up to 40 feet from the trailer
two elbows with a permanently lubricated,oil impregnated brass bussing design,
a 5 foot to 9-foot telescoping extension rod.
in combination,an air spring balance and a 12 VDC powered linear actuator.
a wireless key ring remote control for the 12VDC linear actuator,
a hard wired toggle switch located on the valve exerciser handle for operating the
12VDC linear actuator
-a powered brake assembly on the boom arm elbow for stabilizing the exerciser over the
valve.
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ITEM SPECIFICATIONS
TOTAL COST
3 Data Gathering &Documentation to include:
-three operator and two supervisor RFID key ring tags and a reader, $3,548.00
-is Microsoft windows compatible
-displays data in both Excel raw data form and in user friendly graph form,
-displays the foot-pound of torque and rotation count to the nearest tenth of a
rotation,
-a digital display rated from -40F to+ 140F,
-a utility valve identifier number entry and a reset button,
-automatically stores all data to a weather tight removable flash drive memory stick
-a GPS to document the location and the time and date of valve service.
4 70#class Jack Hammer-with permanent stand mounted on the trailer.
$2,110.00
5 Fire Hydrant Flusher and pressure testing system to include:
-20 feet of 2.5-inch fire hose, $2,240.00
-a 2.5-inch pressure test gauge,
-a water pressure dissipater with diffuser.
6 Freight to deliver to 500 Doolittle Dr.Aspen, Colorado 81611
$1,600.00
7 Field training of your operators&Warranty 2 years on parts
$0.00
TOTAL COST $53,938.00