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HomeMy WebLinkAboutresolution.council.124-19 RESOLUTION 4 124 (Series of 2019) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WAGNER 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 I all-wheel drive motor grader, between the City of Aspen and Wagner 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 I all-wheel drive motor grader, between the City of Aspen and Wagner 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 12th day of November 2019. 2, 90e= Torre, Mayor I, Linda Manning, 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, November 12th, 2019. 1A lilt ZC� Linda Mannin , City Clerk CITY OF ASPEN STANDARD FORM OF AGREEMENT C1 IYOF ASPEN SUPPLY PROCUREMENT City of Aspen Project No.: 2019-51014. AGREEMENT made as ol'23 day ofJuly, in the year 2019. BETWEEN the City: Contract Amount: "I�he City ol'Aspen C/o Jcrry Nye 130 South Galena SU-cel Total: $279,800.00 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 $50,000.00 it shall not be deemed valid kVagncr l:duipment Co until it has been approved by the City c/o Brian Shavcr Council of the City of Aspen. 2322 1-70 frontage road City Council Approval, Grand Junction Co,81505 Phone: 970-644-7149 Date: Resolution No.: Q Summary Description of Items to be Purchased: 011c (1)Caterpillar model 140 A WD Motor Grader with snow wing Exhibits appended and made a part of this Agreement: I'xhibit A: Attached The City and Vendor agree as set forth bclo%$,. I. 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 Rd Aspen Co 8161 1) [Delivery Address] �. 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. Standard, 12 month unlimited Flours ( Travel time included for the first 6 months) plus extended 5yr/5000 hour premier extended Coverage plan. 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 perl'ormed, 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. Attornev'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 01' 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. I I. Certification Re ardin ,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 fiu•ther 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 Continuent 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, reconlill endation, preparation of any pail 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 (l) 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 ofthe prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: I. 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$50,000.00 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 ofthe requirements ol'City's municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit ofthe 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. 19. Electronic Si Jnatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Patties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 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. FOR THE CITY OF ASPEN: Attest: By: lzz� 1~ C'- '/� / Aspen City Manager Linda Manning, City C Clerk Date SUPPLIER: WAGNER EQUIPMENT COMPANY fay: � 4-o �-/-v�A-6 "Title Date Quote 200815-01 JJ WAGNER Quote 200815-01 July 1, 2019 CITY OF ASPENSTREET DEPT 130 S GALENA ST ASPEN, Colorado 81611-1975 Attention:WILLEY MCFARLIN Dear Sir, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration, CATERPILLAR Model: 140 AWD Motor Grader STOCK NUMBER:469541 SERIAL NUMBER:New YEAR:2019 HOURS: We appreciate the opportunity to extend this quote.This quote is subject to availability and is valid for 30 days, after which time we reserve the right to re-quoto, If there are any questions, please do not hesitate to contact me. Regards, Brian Shaver Sales Representative Wagner Equipment Co. Page 1 of 4 Quote 200815-01 MACHINE SPECIFICATIONS 140 13A AWD MOTOR GRADER LANE 3 ORDER MOLDBOARD, 14' PLUS COLD WEATHER PLUS PKG,AWD PRECLEANER, SY-KLONE LINK BAR, HYDRAULIC DRAWBAR,TOP ADJUST NO GRADE CONTROL TECHNOLOGY LOCK OUT, MANUAL BASE+5(RIP,FL,WM,WT,DA1) ACCUMULATORS, NO ARO STARTER, EXTREME DUTY ROADING LIGHTS W/FOLD DOWN ARM CAB, PLUS SEAT, CLOTH AIR SUSPENSION MIRRORS, HEATED EXTERNAL PRODUCT LINK, CELLULAR PLE641 FAN, STANDARD AWD TIRES,14.0R24 MX XGLA2 'G2 MP HIGH BAR, HALOGEN,AWD LIGHTS,WORK PLUS, HALOGEN WARNING STROBE TRANSMISSION,AUTOSHIFT KIT, CIRCLE SAVER CAMERA, REAR VISION RADIO,AM/FM, USB/BLUETOOTH GUARD,TRANSMISSION PUSH PLATE,COUNTERWEIGHT LIFT GROUP, FRONT MOUNTING MOUNT, SNOW WING, FRAME READY COOLANT(-40C) LANGUAGE, ENGLISH DECALS, ENGLISH (US) ANTIFREEZE WINDSHIELD WASHER FUEL ANTIFREEZE, -25C(-13F) WING, 144/40 RM FIXED Wing Float Tilt Wing Float Mast Seals For Float Michelin Snow Plus Page 3 of 4 Quote 200815.01 CATERPILLAR Model: 140 AWD Motor Grader STANDARD EQUIPMENT POWERTRAIN-Air cleaner,dual stage dry type radial- seal with service indicator and-automatic dust ejector-Air-to-air after cooler (ATAAC)-Belt, serpentine,automatic tensioner-Brakes,oil disc,four-wheel,hydraulic-Demand fan, hydraulic-Electronic over-speed protection-Engine,C9 with ACERT technology,diesel- with automatic engine derate and idle- control.EPA/ARB tier 4 final&EU- stage IV certified engine&- aftertreatment-Parking brake,multi-disc,sealed and- oil cooled- OTHER STANDARD EQUIPMENT-Accumulators-brake-dual certified-Drawbar,6 shoe w/replaceable wear strips-Fluid check, ground level-Fuel tank, 100 gallon(378 L)-Ground level fueling-DEF/AdBlue Tank,3.3 gallon(12,5 L)-Hydraulic lines for base functions-Pump,hydraulic,high capacity- (100cc/6 cu in)-Radiator,cleanout access- (both sides with swing doors)-SOS ports -engine-hydraulic- -transmission-coolant-fuel-Tool box-Debris guard- POWERTRAIN-Sediment drain,fuel tank-Tandem drive-Transmission,8 speed forward and-6 speed reverse,power shift,direct - drive-VHP Plus(Variable Horse Power Plus) ELECTRICAL-Alarm, back-up-Alternator, 150 ampere,sealed-Batteries, maintenance free,heavy- duty, 1125 CCA-Breaker panel-Electrical system,24 volt-Lights, reversing-Starter,electric OPERATOR ENVIRONMENT-Air Conditioning with heater-Articulation-Centershift pin indicator-Display,digital speed and gear- Load sensing hydraulic controls:--Right/left blade lift--Circle drive--Center shift--Side shift--Blade lip--Front wheel lean-Doors, left and right side-Gauge,machine level-Gauges(analog)inside the cab- (includes fuel,articulation,engine- coolant temp,engine RPM and hydraulic- oil temp, DEF/AdBlue)-Lights, night time cab-Messenger Display--Meter--Hour digital-Mirror-Inside rearview,wide angle-Power port, 12V-Radio ready, entertainment-ROPS cab,77dB(A)ISO 6394-Storage area for cooler/lunchbox-Throttle control,electronic- Windows:laminated glass-Fixed front with intermittent wiper- windows:tempered- Left and right side wipers-Rear with intermittent wiper-Cab Storage SAFETY AND SECURITY-Clutch,circle drive slip-Doors,2 engine compartment,(two left- hand,two right hand)locking-Doors, 2 service,left and right locking-Ground level engine shutdown-Hammer(emergency exit)-Horn, electric-Seat belt,retractable 3"- Secondary steering-Tandem walkway/guards FLUIDS-Antifreeze-Extended life coolant-35C/-30F Page 2 of 4 Quote 200815-01 SELL PRICE TOTAL $279,800.00 $279,800.00 WARRANTY&COVERAGE Standard Warranty 12 Months Unlimited Hours,Parts and Labor(Travel Time included for(he first 6 months) Extended Coverage: Governmental 5 year/5000 Hour Premier AWD Extended Coverage Plan F.O.B/TERMS: Aurora Page 4 of 4