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HomeMy WebLinkAboutresolution.council.085-13 RESOLUTION #85 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND POWER EQUIPMENT COMPANY 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 Two Volvo L-70G 2-Wheel Loaders, between the City of Aspen and Power Equipment Company, 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 Two Volvo L-70G 2-Wheel Loaders, between the City of Aspen and Power Equipment Company, 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 9th day of September, 2013. , � J teven 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, September 9, 2013. Z/Jrz�r��� 2� k' ryn S. Koch, City Clerk the City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: AGREEMENT made as of 26'day of August, in the year 013. BETWEEN the City: Contract Amount: The City of Aspen c/o Fleet 130 South Galena Street Total: $133,220.00 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 Remo 2329 River Road City Council Approval: Grand Junction,CO 81505 Date: 12013 Phone: 303-961-8957 Resolution No.: 85 • 1D13 Summary Description of Items to be Purchased: Two—2013/2014 Volve L-70G 2 Wheel Loaders Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. 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 a n 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. N o 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. T his 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. T he 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] I i FOR THE CITY OF ASPEN: ATT ST: By: &bt�� City Manager City Clerk VENDOR: POWER EQUIPMENT COMPANY By: Municipal Sales Manama Title EXHIBIT A SUPPLY PROCUREMENT AGREEMENT Two (2) 2013/14 Volvo L70G 4-wheel drive loaders $294,068 Includes ride control option Four(4) sets Tire chains (2 per set) $8,800 Two (2) Duel Front work lights $ 176 Two (2) Dual rear work lights $ 176 Trade-in 2006 930G Cat Loader -$83,000 Vin#TWR02625 with 4706 Hours Trade-in One (1) 2005 930G Cat Loader -$87,000 Vin# TWR01358 with 3158 Hours otal Contract Price $133,22 Exhibit B Supply Procurement Agreement jr!q! IYiY�itM6R GE � This is a New quote with New co+ferage; the policy term quoted includes the MF R base warranty period. Quote EW081313-00022 Equipment: 2014 Volvo WHEEL LOADER L70 f8 hrs. NFR Base Warranty Start Date: Not Yet in Service NF R B ase W arranty: 12 months f2500 hours for FULL Usage Type: Govemm ent f Construction f General Contractor Equipment Retail Value: $148,000.00 Program: New(OS Months) Salesperson:Andy Rem mo Customer Name: City of Aspen Amounts below are in $USD POLICY TERM =TOTAL MONTHS f TOTAL HOURS, INCLUDING THE M FR. BASE WARRANTY Wnths&lours(Cov) ESPPDed Price 84 f 5000 (PREMIER) $0.00 $5,544.00 8415000 (MAJOR COMPONENTS) $0.00 $3,375.00 84 15000 (PT+H) $0.00 $2,997.00 84 f 5000 (PT) $0.00 $2,511.00 From: Andy Remmo [mailto:aremmo(&power-equip com] Sent: Tuesday, August 13, 2013 10:23 PM To: Willy McFarlin Cc: Troy Langston Subject: RE: aspen loader pricing Attached are the warranty quotes for 7 years/5,000 hours, with and without coverage for travel time and mileage. The price quoted to you in the bid was for 1 set of chains; 2 chains, or one axle of chains. 2 sets would cover all 4 tires on each loader. Like any buy-back deal, once the original purchase is completed (sales price + options—trade-ins), your new Volvo L-70G loaders will be yours. Aspen will have the option of exercising the buy-back. PECO is willing to swap out new machines annually with you, minus quick-coupler and attachments, but this is not something Aspen has to agree to. Each year, Aspen will have the option to keep their current loader, or swap it for a new one, for no longer than 7 years time. Please let me know if you would like a final price with the extra lights you mentioned and 2 sets of tire chains for each loader, and I will send you the final pricing. Thank you for this opportunity!