Loading...
HomeMy WebLinkAboutresolution.council.073-13 RESOLUTION #73 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KODIAK AMERICA 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 LMSC Snow Blower, between the City of Aspen and Kodiak America, 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 LMSC Snow Blower, between the City of Aspen and Kodiak America, 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 July 2013. Steven Skadron, 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, July 22, 2013. 1 Kat n S. och, City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT MITI SUPPLY PROCUREMENT City of Aspen Project No.: 2013-081. AGREEMENT made as of 17th day of June, in the year 2013. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks 130 South Galena Street Total: $169,000.00 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 Kodiak America until it has been approved by the City c/o Brek Pilling Council of the City of Aspen. 1350 Pomerelle Avenue City Council Ap roval: Burley, ID 83318 Phone: 208-438-8248 Date: Resolution No.: Summary Description of Items to be Purchased: LMSC 3644 snow blower 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, 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. Warrant information is attached as 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 parry. 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 parry 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: ATTES T: By: ity Manager ity Clerk VENDOR: Kodiak America By: 7 . Title Exhibit A Supply Procurement Agreement LMSC 3466 Snow Blower • 400hp, John Deere 6090H engine • Belt Drive 1:1 Ratio • 4.3:1 reduction in right angle gear box • Wired controller • Ski type skid shoes • Hardox cutting edges • Truck Loading Spot Chute • Flood lights • Midmount Split Frame with quick attach • Quick hitch ACS coupler LMSC 3466 $213,000.00 Less trade-in on 2002 Kodiak LMSC4844 snow blower - 44,000.00 Final Price $169,000.00 • , ' I I s 3Z� i� f T:S ' 4f r. !I NOTHING CAN STAND UP To A KO D IAK ENGINE KO D IAK AMRICA Horsepower at requested level Wired control panel for loader 275-420 hp Scrapper Blade Right/Left ht/Left castin through Model 275 350 420 CAPACITY g casting g 145 degrees Engine CAT C7 CAT C9 CATCH l Up to 3,200 tph(tons per hour) g Steel Engine Cover @275 hp @ 350 hp @ 420 hp CUTTING WIDTH Gear Boxes (self lubricating) Ribbon 36 36 36 108-120 inches Serrated Ribbons Cutting 48 48 48 INPUT REEL SIZE Skid Shoes Height 36 inches Shear Pin Protected Impeller 44 44 44 CASTING DISTANCE Over Center or Air Clutch Drum Depth 12 16 20 U to 150 feet remotely controlled P Plow Width 108(120 opt) 108(120 opt) 108(120 opt) Steel Engine Cover with ample STRUCTURAL access to engine and components Capacity up to 2,000 up to 2,500 up to 3,200 Hardox AR450 &T-1 Steel OPTIONS Weight 11,000 12,000 1 13,000 STANDARD ITEMS Truck Loading Spot Casting Chute Height 78 78 178 Engine Block Heater Wireless Remote Controls from Length 102 106 110 Two-stage air cleaner Loader Cab to Snow Blower ISO 9001:2008 wwwrpmtechgroup.com wwwkodiakamerica.us r R.P.M. TECH INC. �• KODIAK AMERICA 2220 Michelin Street Sales: Laval(Quebec)H7L 5C3 CANADA 1350 Pomerelle Avenue Tel:450-687-3280 1 Fax:450-781-8811 Burley,Idaho 83318 USA pzno RPM Toll Free:800-631-9297 Tel:208-438-8248 1 Fax:208-438-8502 TECH 184 Route 138 Email:sales @kodiakamerica.us Cap-Sante(Quebec)GOA ILO CANADA Parts&Service: MRTRUM Tel:418-285-18111 Fax:418-285-4289 KO D IAK Tel:208-219-5064 1 Fax:208-438-8502 Toll Free:800-463-3882 AMERICA E-mail:parts @kodiakamerica.us CORPORATION Email:info@ mtech ou .com I'P 8r P Aber Hours: Tel:208-219-5064 Kodiak America 1350 POMERELLE AVE. , BURLEY, ID 83318 6 June 2013 U 0 0 o a Willy McFarlin Aspen,Colorado Mr. McFarlin, Kodiak America is pleased to offer the following snow blowers FOB Aspen,Colorado. 1. LMSC 3644 @ 400hp John Deere 6090H Engine a. John Deere 6090H @ 400hp b. Belt Drive 1:1 Ratio C. 4.3:1 reduction in right angle gear box d. Wired Controller e. Ski type skid shoes f. Hardox cutting edges. g. Truck Loading Spot Chute h. Flood lights i. Midmount Split Frame with quick attach. k. Quick hitch ACS coupler Machine Price : $213,000 FOB Aspen,Colorado. Delivery 60 days from PO Trade in on 2002 Kodiak LMSC4844 snow blower: $44,000. Final Price: $169,000.00 FOB Aspen, Colorado Best Regards, Brek Pilling Kodiak America Phone (208)438-8248 FAX (208)438-8502 Website:www.kodiakamerica.us KODIAKA� ,f AMERICA warraniv Kodiak America offers a limited warranty for this equipment for ONE year or 500 hrs from date of purchase,whichever comes first.This warranty applies to all parts and components manufactured, and purchased by Kodiak America used on this equipment. The warranty applies only to equipment purchased for use in the United States of America. All equipment purchased by international customers or for use in foreign countries must obtain warranties if any from the entity from which they purchased Kodiak equipment or parts. For eligible customers:When a warranty problem is suspected,the customer will contact Kodiak America and discuss the problem with their Kodiak America representative. If the problem cannot be resolved and a replacement part is necessary,the customer will furnish Kodiak America with an authorization number(Purchase Order or Purchase Requisition). This will be necessary before the part can be shipped to the customer. The part will be sent Freight Prepaid. Upon receipt of the replacement part,the customer will return the suspect part to Kodiak America will send the customer a no-charge invoice for the replacement part. If the returned part is deemed to be a non- warranty failure Kodiak America will invoice the customer for the replacement part and the freight charges. The defective part will be either returned to the customer or destroyed, depending on the customer request. Defective parts will be returned Freight Collect. If the failure is due to manufacturers defect than the part will be supplied at Kodiak America's expense. Kodiak America does requires that equipment be inspected at the site location prior to the machine being put into service. It also requires that operator and mechanics training be conducted prior to the machine being operated by the customer. If the equipment is operated prior to either of these occurring the warranty will be considered null and void. Also any damage to the machine determined by the manufacturer to be caused by improper operation or maintenance will not be covered under warranty. If the purchaser wishes to operate the equipment prior to training or inservice inspection it is required that they write a signed document understanding that this may limit or void their warranty. 1350 Pomerelle Ave, Burley, Idaho 83318 PHONE (208)438 - 8248 FAX (208)438-8502