The URL can be used to link to this page

Home My WebLink Aboutresolution.council.020-21RESOLUTION #20 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DEERE AND 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 the purchase of Parks Fleet equipment between the City of Aspen and Deere and 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 purchase of equipment between the City of Aspen and Deere & Company, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract 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 March 2021. WWI Torre, Mayor I, Nicole Henning, 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, March 9, 2021. Nicole Henning, City Clerk DocuSign Envelope ID: B511E412-16E3-44B5-A941-1 A603D4CA887 PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Procurement Name: rFft(WS VLUA=T •^ 301{11 L*vkPA4%JV ProjectC 2021-017 Project Description: (give clear descri Rion of the project; work to Ixi done, o{' items pure fused) ¢d>ICectvsty O� k�u r Ir)o-:� tal'(S and 0/1� write nt�cea! i 0.CGosciarlC2 y� C'PAIaLi'.ru4s•L'F' ,DNDgretyVl Pro ject Manager: l ALL Capital Project Number Estimated Cost $ . SLk Budgeted Amount$ 115, 000, 00 Account Code: /W... ''77, 6(: VO, 515 -a, stS4.4 Sourcewell is a membership we as a government agency area part of. We have access to government negotiat d pr xb► t9 f8?S�}Pd&�(lt�tim,: 59- o VIAL I L ai)4er "✓e Nre,l,rasltl � rl ct`�a• abplie� OMj 44-M C0,01ifr- arid (161i5_iS&Acl vll,• t, fjejL )G �r1 47, Dept. Head approval: Date Signature Sole Source Approval: City Attorney City Manager Date Signaluro Date Signature . Capital Asset DuectorApproval Competitive Quotes: John Deere quotes for mower, electric cart and (Attach Quotes) one gas cart ContractorNendorSelected: John Deere 2/3/2021 1 8:48:13 AMP „ Dept. Head approval: 1 0411 W 1 2/7/2021 � 9: 58:09 AM P ,bwos f. Trtw CityAttomaylieview: fBB16EB� ,e RFP or YM Completed: RFP or YrB Reviewed by City Attorney: Dale Published on the Rocky Mountain Bid System Website Bid Opening Date Signature: ControctorNendor Selected: Capital Project ovcr$25K Award letter sent to Supplier 3 signed conlmbis returned by Supplier Date Bonds received Date Certificate of insurance received $ $91,541,83 S Capital Asset DirectorApproval Sent by: Confirmed by. Confirmed by: Confirmed by: 55 AM PST :mg DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 CITY OF ASPEN STANDARD FORM OF AGREEMENT CITYOFFASPEN SUPPLY PROCUREMENT City of Aspen Project No.: 2021-017. AGREEMENT made as of a(o-L'Jay of in the year BETWEEN the City: The City of Aspen c/o Steve Barr Parks Department 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Deere ce Company c/o 2000John Decre Run Cary. NC 27513 Summary Description of Items to be Purchased: Contract Amount: Total: 591.541.83 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. City Council Approval: Date. Resolution i 1) Gator TE Q#23205554 (1) Gator TX Q#23516371 (1) 9009A Rough Mower Q# 23205688 Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Attached Manufactures Warranty DocuSign Envelope ID: B511 E412-16E3-44B5-A941-1A603D4CA887 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 585 Cemetery Lane, 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. Manufactures Warranty applies 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 terns, 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. DocuSign Envelope U B511E412-16E3-44B5-A941-1A603D4CA887 II. 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. DocuSign Envelope ID: B511E412-16E3-44B5-A941-tA603D4CA887 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 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. 19. Electronic Signatures 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 Parties 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, of which, to all intents and purposes, shall be considered as the original. DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 FOR THE CITY OF ASPEN: s..+a.btW.. By: �It Y Aspen City Manager 3/12/2021 1 12:22:30 FM MST Date SUPPLIER: .[. 1 wil1. n a-a�-aoa-1 Date DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 ® JOHN DEERE YOUR CONTRACT. YOUR QUOTE. YOUR HELP REQUESTED. Ensure your equipment arrives with no delay. Issue your Purchase Order or Letter of Intent. To expedite the ordering process, please include the following information in Purchase Order For any questions, please contact: or Letter of Intent: ❑ Shipping address ❑ Billing address Vendor: John Deere Company ❑ 2000 John Deere Run Cary, NC 27513 ❑ Contract name and/or number ❑ Signature ❑ Tax exempt certificate, if applicable The John Deere Government Sales Team Bruce Smith Potestio Brothers Equipment 19020 Longs Way Parker. CO 80134 Tel: 303-841-2299 Fax: 303-841-7039 Email: bruces@pbequip.com DocuSign Envelope ID: B511 E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE POTESTIO BROTHERS EOUIDMENT ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Potestio Brothers Equipment 2000 John Deere Run 19020 Longs Way Cary, NC 27513 Parker, CO 80134 FED ID: 36-2382580; DUNS* 60-7690989 303-841-2299 parker@pbequip.com Quote Summary Prepared For: Delivering Dealer: City Of Aspen Potestio Brothers Equipment CO Bruce Smith 19020 Longs Way Parker, CO 80134 Phone: 303-841-2299 bruces@pbequip.com Quote ID: 23516371 Created On: 20 January 2021 Last Modified On: 20 January 2021 Expiration Date: 19 February 2021 Equipment Summary Selling Price Qty Extended JOHN DEERE GATORTMTX Turf $ 10,210.77 X 1 = $ 10,210.77 (Model Year 2021) Contract: Sourcewell Grounds Maintenance 062117-DAC (PG NB CG 70) Price Effective Date: January 19, 2021 Equipment Total $ 10,210.77 * Includes Fees and Noncontract items Quote Summary Equipment Total $ 10,210.77 Trade In SubTotal Est. Service Agreement Tax Total Down Payment Rental Applied Balance Due $ 10,210.77 $ 0.00 $ 10,210.77 (0.00) (0.00) $ 10,210.77 Salesperson : X Confidential Accepted By : X DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE Selling Equipment Quote Id: 23516371 Customer Name: ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ock Number: [a POTESTIO BROTHERS EOUIIMENT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com JOHN DEERE GATORTMTX Turf (Model Year 2021) )ntract: Sourcewell Grounds Maintenance 062117-DAC selling Price (PG NB CG 70) $ 10,210.77 'ice Effective Date: January 19, 2021 Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract) 559FM GATORTMTX Turf (Model 1 $ 10,399.00 24.00 $ 2,495.76 $ 7,903.24 $ 7,903.24 Year2021) Standard Options - Per Unit 001A US/Canada 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 0507 PR - Turf Tires including 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 Cargo Box with Brake and Taillights and Spray -On Liner 1015 Turf Tires 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 2016 Non Adjustable Seat 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 3003 Deluxe Cargo Box with 1 $ 455.00 24.00 $ 109.20 $ 345.80 $ 345.80 Brake and Taillights and Spray -On Liner 3100 Cargo Box Manual Lift 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 4099 Less Front Protection 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 Package 4199 Less Rear Protection 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 Package Standard Options Total $ 455.00 $ 109.20 $ 345.80 $ 345.80 Dealer Attachments/Non-Contract/Open Market LP45544 Sunshade 1 $ 468.00 24.00 $ 112.32 $ 355.68 $ 355.68 BM25000 Floor Mat 1 $ 87.74 24.00 $ 21.06 $ 66.68 $ 66.68 BM21466 Windscreen 1 $ 322.07 24.00 $ 77.30 $ 244.77 $ 244.77 BM23734 Cargo Box Power Lift 1 $ 846.37 24.00 $ 203.13 $ 643.24 $ 643.24 BUC10173 Deluxe Light Kit 1 $ 435.49 24.00 $ 104.52 $ 330.97 $ 330.97 BM23989 Drawbar/ ball mount for 1.25 1 $ 40.66 24.00 $ 9.76 $ 30.90 $ 30.90 in. receiver hitch DocuSign Envelope ID: B511 E412-16E3-44B5-A941-1A603D4CA687 U JOHN DEERE Selling Equipment Quote Id: 23516371 Customer Name: ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580, DUNS#: 60-7690989 Front Bumper and Brush Guard Dealer Attachments Total Value Added Services Total 19 POTE&TIO 6ROTHER$ fouIOMf Nr ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com 1 $ 380.91 24.00 $ 91.42 $ 289.49 $ 289.49 $ 2,581.24 $ 619.50 $ 1,961.73 $ 1,961.73 $ 0.00 $ 0.00 $ 0.00 Confidential DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CASS7 ® JOHN DEERE YOUR CONTRACT, YOUR QUOTE. Ensure your equipment arrives with no delay. Issue your Purchase Order or Letter of Intent. To expedite the ordering process, please include the following information in Purchase Order For any questions, please contact: or Letter of Intent: ❑ Shipping address ❑ Billing address Vendor: John Deere Company ❑ 2000 John Deere Run Cary, NC 27513 ❑ Contract name and/or number ❑ Signature ❑ Tax exempt certificate, if applicable The John Deere Government Sales Team Bruce Smith Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 Tel: 303-841-2299 Fax: 303-841-7039 Email: bruces@pbequip.com DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere 8 Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For: CITY OF ASPEN PARKS DEPARTMENT 585 CEMETERY LN ASPEN, CO 81611 Business: 970-920-5120 steve.cronin@cityofaspen.com Equipment Summary 13 POTESTIO BROTHERS F OIIiPME Vt ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com Quote Summary Delivering Dealer: Potestio Brothers Equipment Bruce Smith 19020 Longs Way Parker, CO 80134 Phone: 303-841-2299 bruces@pbequip.com Quote ID: 23205688 Created On: 24 November 2020 Last Modified On: 04 December 2020 Expiration Date: 25 December 2020 Selling Price Qty Extended JOHN DEERE 9009A TerrainCut $ 70,889.00 X Rough Mower Contract: Sourcewell Grounds Maintenance 062117-DAC (PG NB CG 70) Price Effective Date: November 23, 2020 Equipment Total Trade In Summary 2014 TORO 4500d PayOff Total Trade Allowance Qty Each 1 $ 12,600.00 _ $ 70,889.00 $ 70,889.00 Extended $ 12,500.00 $ 0.00 $ 12,500.00 Trade In Total $ 12,500.00 * Includes Fees and Non -contract items Quote Summary Equipment Total $ 70,889.00 Trade In $ (12,500.00) SubTotal $ 58,389.00 Est. Service $ 0.00 Agreement Tax Total $ 58,389.00 Down Payment (0.00) Salesperson : X Confidential Accepted By : X DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 13 POTESTIO BROTHERS loulpmFN1 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com Rental Applied Balance Due (0.00) $ 58,389.00 Salesperson : X Accepted By: X Confidential DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 JOHN DEERE Selling Equipment Quote Id: 23205688 Customer Name: CITY OF ASPEN PARKS DEPARTMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Hours: Stock Number: ■ POTESTIO sROTHERS FOUIOMENT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com JOHN DEERE 9009A TerrainCut Rough Mower Contract: Sourcewell Grounds Maintenance 062117-DAC Selling Price * (PG NB CG 70) $ 70,889.00 Price Effective Date: November 23, 2020 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 1445TC 9009A TerrainCut Rough 1 $ 92,899.00 24.00 $ 22,295.76 $ 70,603.24 $ 70,603.24 Mower 001A United States/Canada 0443 All Other Countries (English / Spanish) 9862 27 In. Rear Roller Scraper Kit, 9009A Standard Options Total Value Added Services Total Standard Options - Per Unit 1 $ 0.00 24.00 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 376.00 24.00 $ 90.24 $ 285.76 $ 285.76 $ 376.00 $ 90.24 $ 285.76 $ 285.76 $0.00 $0.00 $0.00 Confidential DocuSign Envelope ID: B511 E412-16E3-44B5-A941-1A603D4CA887 ® JOHN DEERE YOUR CONTRACA YOUR QUOTE. YOUR HELP REQUESTEM Ensure your equipment arrives with no delay. Issue your Purchase Order or Letter of Intent. To expedite the ordering process, please include the following information in Purchase Order For any questions, please contact: or Letter of Intent: ❑ Shipping address ❑ Billing address Vendor: John Deere Company ❑ 2000 John Deere Run Cary, NC 27513 ❑ Contract name and/or number ❑ Signature ❑ Tax exempt certificate, if applicable The John Deere Government Sales Team Bruce Smith Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 Tel: 303-841-2299 Fax: 303-841-7039 Email: bruces@pbequip.com DocuSign Envelope ID: B511 E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE 13 POTESTIO BROTHERS FOWPM ENi ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Potestio Brothers Equipment 2000 John Deere Run 19020 Longs Way Cary, NC 27513 Parker, CO 80134 FED ID: 36-2382580; DUNS#: 60-7690989 303-841-2299 parker@pbequip.com Quote Summary Prepared For: Delivering Dealer: CITY OF ASPEN PARKS DEPARTMENT Potestio Brothers Equipment 585 CEMETERY LN Bruce Smith ASPEN, CO 81611 Business: 970-920-5120 19020 Longs Way Parker, CO 80134 steve.cronin@cityofespen.com Phone: 303-841-2299 bruces@pbequip.com Quote ID: 23205554 Created On: 24 November 2020 Last Modified On: 04 December 2020 Expiration Date: 25 December 2020 Equipment Summary Selling Price Qty Extended JOHN DEERE GATORTM TE (Model $ 13,721.03 X 2 = $ 27,442.06 Year2021) Contract: Sourcewell Grounds Maintenance 062117-DAC (PG NB CG 70) Price Effective Date: November 23, 2020 Equipment Total $ 27,442.06 Trade In Summary city Each Extended 2014 TORO MDE 1 $ 2,250.00 $ 2,250.00 PayOff $ 0.00 Total Trade Allowance $ 2,250.00 2014 TORO MDE 1 $ 2,250.00 $ 2,250.00 Payoff $ 0.00 Total Trade Allowance $ 2,250.00 Trade In Total $ 4,600.00 * Includes Fees and Non -contract items Quote Summary Equipment Total $ 27,442.06 Trade In $ (4,500.00) SubTotal $ 22,942.06 Salesperson: X Accepted By : X Confidential DocuSign Envelope ID: B611E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 POTE5TIO BROTHERS to U Ii MEN ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com Est. Service Agreement Tax Total Down Payment Rental Applied Balance Due $ 0.00 $ 22,942.06 (0.00) (0.00) $ 22,942.06 Salesperson : X Confidential Accepted By : X DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE Selling Equipment Quote Id: 23205554 Customer Name: CITY OF ASPEN PARKS DEPARTMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 )urs: Lock Number: ■ POTESTIO BROTHER$ FOUIPMENT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com JOHN DEERE GATORTM TE (Model Year 2021) )ntract: Sourcewell Grounds Maintenance 062117-DAC Selling Price * (PG NB CG 70) $ 13,721.03 rice Effective Date: November 23, 2020 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 559EM GATORTM TE (Model Year 2 $ 12,399.00 16.00 $ 1,983.84 $ 10,415.16 $ 20,830.32 2021) Standard Options - Per Unit 001A US/Canada 2 $ 0.00 16.00 $ 0.00 $ 0.00 $ 0.00 0502 PR - Utility & Protection 2 $ 0.00 16.00 $ 0.00 $ 0.00 $ 0.00 Package 1015 Turf Tires 2 $ 0.00 16.00 $ 0.00 $ 0.00 $ 0.00 2016 Non Adjustable Seat 2 $ 0.00 16.00 $ 0.00 $ 0.00 $ 0.00 3003 Deluxe Cargo Box with 2 $ 455.00 16.00 $ 72.80 $ 382.20 $ 764,40 Brake and Taillights and Spray -On Liner 3101 Cargo Box Power Lift 2 $ 791.00 16.00 $ 126.56 $ 664.44 $ 1,328.88 3300 48V to 12V Converter 2 $ 768.00 16.00 $ 122.88 $ 645.12 $ 1,290.24 4054 Front Protection Package 2 $ 608.00 16.00 $ 97.28 $ 510.72 $ 1,021.44 4199 Less Rear Protection 2 $ 0.00 16.00 $ 0.00 $ 0.00 $ 0.00 Package 6010 1.25 In. (38mm) Rear 2 $ 88.00 16.00 $ 14.08 $ 73.92 $ 147.84 Receiver Hitch Standard Options Total $ 2,710.00 $ 433.60 $ 2,276.40 $ 4,552.80 Dealer Attachments/Non-Contract/Open Market 3UC10173 Deluxe Light Kit 2 $ 435.49 16.00 $ 69.68 $ 365.81 $ 731.62 LP45544 Sunshade 2 $ 468.00 16.00 $ 74.88 $ 393.12 $ 786.24 BM21466 Windscreen 2 $ 322.07 16.00 $ 51.53 $ 270.54 $ 541.08 Dealer Attachments Total $ 1,225.56 $ 196.09 $ 1,029.47 $ 2,068.94 Value Added Services $ 0.00 $ 0.00 $ 0.00 Total DocuSign Envelope ID: B511E412-16E3-44B5-A941-1A603D4CA887 U JOHN DEERE Selling Equipment Quote Id: 23205554 Customer Name: CITY OF ASPEN PARKS DEPARTMENT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 [a POTESTfO BROTHERS touiemeNT ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com DocuSian Envelope ID: 8511 E412-16E344B5-A941-1 A603D4CA887 WARRANTY FOR NEW JOHN DEERE GOLF & TURF EQUIPMENT (US & Canada Only) uar«o� A. GENERAL PROVISIONS - With respect to purchasers in the United States, "John Deere" means Deere & Company, I John Deere Place, Moline, IL 61265 and with respect to purchasers in Canada, "John Deere" means John Deere Canada ULC, 295 Hunter Road, P.O. Box 1000, Grimsby, Ontario L3M 4115. The warranties described below are provided by John Deere to the original purchasers of new John Deere Golf and Turf equipment ("Equipment") purchased from John Deere or an authorized John Deere dealer or distributor ("Selling Dealer"). These warranties apply only to Equipment intended for sale in the United States and Canada. Under these warranties, John Deere will repair or replace, at its option, any part covered under these warranties which is found to be defective in material or workmanship during the applicable warranty term. Warranty service must be performed by a dealer, distributor or service center authorized by John Deere to sell and/or service the type of equipment involved ("Authorized Dealer"). The Authorized Dealer will use only new or remanufactured parts or components famished or approved by John Deere. Warranty service will be performed without charge to the purchaser for parts and/or labour. However, the purchaser will be responsible for any service call and/or transportation of Equipment to and from the Authorized Dealer's place of business (except where prohibited by law), for any premium charged for overtime tabour requested by the purchaser and for any service and/or maintenance not directly related to any defect covered under these warranties. These warranties are transferable, provided an Authorized Dealer is notified of the ownership change, and John Deere approves the warranty transfer. B. WHAT IS WARRANTED - Subject to section C, all parts of any new Equipment are warranted for the number of months or operating hours specified below. Each warranty term begins on the date of delivery of the Equipment to the original purchaser. 24 Months/Unlimited Hours 24 Months/1500 Hours, whichever comes first C. (I) ITEMS COVERED SEPARATELY — Unless listed in the applicable parts catalog, this warranty does not apply to (1) Batteries; (2) Radios; (3) Tires; and (4) Sprayer Controllers which are covered by separate written warranties. III) WHAT IS NOT WARRANTED — Pursuant to the terms of these warranties, JOHN DEERE IS NOT RESPONSIBLE FOR THE FOLLOWING: (1) Used Equipment (2) Any Equipment that has been altered or modified in ways not approved by John Deere, including, but not limited to, setting injection pump fuel delivery above John Deere specifications; (3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure to follow operating instructions/recommendations; misuse, lack of proper protection during storage, vandalism, the elements or collision or accident; (4) Normal maintenance and replacement of maintenance and wear items, such as oil, filters, coolants and conditioners, blades and other cutting/mowing parts, belts, brake and clutch linings, spark plugs, hoses, tires and batteries. D. SECURING WARRANTY SERVICE — To secure warranty service, the purchaser must, (1) Report the Equipment defect to an Authorized Dealer and request warranty, service within the applicable warranty tens; (2) Present evidence of the warranty start date with valid proof of purchase; and (3) Make the Equipment available to the Authorized Dealer within a reasonable time. E. NO IMPLIED WARRANTY, REPRESENTATION OR CONDITION — To the extent permitted by law, neither John Deere nor any company affiliated with it makes any warranties, representations, conditions or promises, express or implied, as to the quality, performance or freedom from defect of the Equipment covered by these warranties other than those set forth above, AND NO STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS ARE MADE. TO THE EXTENT LEGALLY REQUIRED, ANY IMPLIED WARRANTIES OR CONDITIONS SHALL BE LIMITED IN DURATION TO THE APPLICABLE PERIOD OF WARRANTY SET FORTH ON THIS PAGE. THE PURCHASER'S ONLY REMEDIES IN CONNECTION WITH THE BREACH OR PERFORMANCE OF ANY WARRANTY ON JOHN DEERE EQUIPMENT ARE THOSE SET FORTH ON THIS PAGE. IN NO EVENT WILL THE DEALER, JOHN DEERE OR ANY COMPANY AFFILIATED WITH JOHN DEERE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. F. NO DEALER/DISTRIBUTOR WARRANTY —THE SELLING DEALER HAS NO AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, CONDITION OR PROMISE ON BEHALF OF JOHN DEERE, OR TO MODIFY THE TERMS OR LIMITATIONS OF THIS WARRANTY IN ANY WAY AND MAKES NO WARRANTY ON ANY OTHER ITEM UNLESS IT DELIVERS TO THE PURCHASER A SEPARATE WRITTEN CERTIFICATE SPECIFICALLY WARRANTING THE ITEM. DC- 1378 (Ettecfive October 1, 21) 19) DocuSign Envelope ID: B5llE412-16E3-44B5-A941-1A603D4CA887 WARRANTY FOR NEW JOHN DEERE AGRICULTURAL EQUIPMENT AND LIMITED WARRANTY FOR NEW TURF & UTILITY EQUIPMENT (US & CANADA ONLY) A. GENERAL PROVISIONS— Nth respect to purchasers in the Unted Stales,'John Deere' means Deere & Company, i John Doom Place, Mollne, IL 61265, and with respect to purchasers in Canada, 'John Deere' means John Deere Canada ULC, 295 Huffer Road, P. 0. Box 1000, Grimsby, Ontario L3M 4H5. The wananges described below am provided by John Deere to the original purchasers of new Agricultural, Turf and Utility Equipment ('Equipment') purchased from John Deere or authorized John Deere dealers (the 'Selling Dealer'). These warranties apply only to Equipment Intended fat sale In Canada and the US. Under these warranties, John Deere w01 repair or replace, at its option, any pad covered under these warranties which Is found to be defective In material or workmanship durNg the applkaba warranty tern. Warranty saMce must be performed by a dealer or service center located In Canada or the US, and authorized by John Deere to sell and/or service the type of Equipment involved (the 'Authorized Deelen. The Authorized Dealer will use only now or remanulachired pads or components fumishad or approved by John Deere. Warranty service will be parlormed without charge to the purchaser for parts an(/or labor. However, the purchaser will be responsible for any service call andlor transportation of Equipment to and from the Authorized Dealer's place of business (except where prohibited by taw), toy any premium charged for overtime labor requested by the purchaser and for any sawkm and/or maintenance not directly related to any defect covered under these wanantes. These warranties are transferable, provided an authorized John Deere dealer Is no00ed of the ownership change, and John Deere approves the womanly transfer. 0. WHAT IS WARRANTED —Sub)ad to paragraph C. all parts of my new Equipment are warranted for the number of months or operating hours specified below. Each warranty term begins on the dale of detvery of the Equipment to the original purchaser, (except for certain agricultural tillage, planting, cultivating, harvesting, and application Equipment which may have a delayed womanly start dale, but only if established by John Deere and noted by Selling Dealer an the Purchase Order). Included In SE Sodas Tractor and Compact Utility Tractor Puwerlmin Warranty - Engine: cylinder blade, cylinder head, valve covers, 00 pan, emissions control components, timing gear covers, Ilywheel housing, and all pads contained therein: Powertratn: transmission, transmission case, differential and arse housings, dutch housings, MFWD front axle assembly, air all parts contained therein (does not include external drivelines, dry Gulch parts, or steering cylinders). SWEEPS, SHOVELS, PLOWSHARES, AND DISK BLADES: A replacement pad will be furnished without charge if breakage occurs and the amount of wear is less than the wear limits established by Jahn Deere. AGRICULTURAL EQUIPMENT - -:'WARRANTYTERM Traders 24 Months or 2000 Hours, Whichever Canes FIrsl Tractors used In Heavy Duly Land beveling applications exceeding 160 hours per year 90 Days 9R Series Traders factory equipped with Option 0574 used in Heavy Duty Land Leveling 24 Moths or 2000 Hours, Whichever Comes First applications less than half of the annual usage 9R Series Traders factory equipped with Option 0574 used in Heavy Duly Land Leveling 90 Days applications exceeding hall of the annual usage Scraper Special Traders 24 Months or 2000 Hours, Whichever Comes Flrsl SESeries Tractors 24 Months or 2000 Hours, Whichever Comes First a Powa train on 5E Was Traders(components as pot B above 60 Months or 2000 Hours, Whichever Comes First Saapem 6 Months for MY14 and earlier 12 Months for D Series and MY15 and later Fronller'm EcNIpment 12 months Su r Cane Harvesters and Loaders 12 months or 1500 hours, Whichever Comes Find kale All baler Equipment Includes N Management Solutions 3 duds 12 Months Premium Esters 24 Months or 12,000 bales, WhIccmver Comes First Fid 12 Months, No Bale Llmtation Large Square Balers 12 Months, No Bale Llmilatton a Powedrain on Large Squats, Balers 24 Months or 20,OD0 bales, Whichever Comes First HngIeMahufaclud CompanyLLCSprayers and Delssselers 24 Months or 1000 Hours Whichever Comes Find inos In Sell-Propalledd Equipment except Tractors' 24 Months or 200O Hours, Whichever Comes First 'Engine Items Covered In monfis 13 through 24 — Engine block cylinder head, rocker arm cover, timing gear cover, crankcase pan and at parts enclosed within these units. Also Inducted .are the fuel iheclibn um , labocha er water um ,torsion dam er manifolds and a Me of cooler. All other en Ire related Items ere not covered In monhs 131hro h 24. . - TURF:&UTILftt E'Er ENT-. ^� '.°iWARRANTY TERM •:s:;. -:...' : .. .,.L 1) Z200 Series and Z425 EZlrak"' Mowers, Z300 Sodas and Z525E ZTmk'm Mowers, and 100 Series 24 Months or 120 Hours, Whichever Comes First Tmctore•' 2 5200 Sedes Treclas" MOD Ms! 36 Months or 200 Hours Whichever Comes Fist 3) Treclos;' 400 Series EZtrak'm Mowers and 75WM Sedes ZTmk- Mowers (Except 48 Months or 300 Hours, Whichever Comes Fiat Z425 and Z525E)" 4) X500 Series Tractors; Z700E and Z500R Sodas ZTrak"' Mowers, and Z600 Sodas EZVak10 48 Months or 500 Hours, Whkkrever Comes First Mowers" 5 X700 Series Tractors" 48 Months or 700 Haas, Whichever Corms Fist 6 Z700M Series ZTrak1° Mowers" 48 Months or 750 HoursWhichever Comes Fist 7 Z700R Series ZTrak's Mowers" 48 Months or 1000 Hours, Whichever Comes First 8) JS Series Residential Walk -Behind Mowers 24 Months in Private Residential— Personal Use or 90 Days in Any Other Application 9) Wire Area Mowers, Front Maier Traction Udb and Mower Dories, QulkTmk'u Mowers, Commercial 24 Months Walk Behind Mowers 10) Z90013, 2900E, and ZBOOM Series ZTrakw Mowers 36 Months or 1200 Hours, WNdhever Comes Fist Red 24 Months, No Hour Limitation 11) Z997, Z900A Sodas and Z900R Sodas ZTrakTs Mowers 36 Months or 1500 Hours, Whichever Comes Not; Fist 24 Months, No Hsu Limitation 12) Compact Utility Tractors 24 Months or 2000 Hours, Whichever Comes Fist a) Powenrain on Compact UgNty, Traders (components as per 8 above) 72 Months or 2000 Hours, Whichever comes First b Compact Utility Tractor loaders 0f 20,120R, 220R, 300E, 300R, 320R, 400E 440R 24 Months 1 GATOR'm Ulffly Vehkdes 12 Months or 1000 Hoag Whichever Comes Fist 14) Except as provided above, all other lmplementslAtachmenls soM separately purchased on the 12 Months same Putchase Order as Equipment listed in 9 through 13 15) Atl other Tud & lNlity Equipment 24 Months In Private Residential - Personal Use or 12 Months In Any Other Applicallon "bnplemends/Allachments purchased on the same Purchese Order as the Equipment Isled will be covered by the Equipmenrs warranty terms IhnplernenlsWladhmen+s purchased separately will be covered by Ins warranty term on One 14. C. (I) ITEMS COVERED SEPARATELY —(1) Tires, robber tracks and bait ies; (2) John Deere Hand Held -Portable products; (3) When applicable, a sepamle emissions warranty statement will be provided by Selling Dealer. (Effective November 1, 2019) DocuSign Envelope ID: B511 E412-16E3-44B5-A941-1A603D4CA887 (9) WHAT IS NOT WARRANTED - Pur mant to the terms of these warranties, JOHN DEERE IS NOT RESPONSIBLE FOR THE FOLLOWING; (1) Used Equipment (2) Any Equipment that has been altered or modined In ways not approved by John Deere, Including, but act limited to, selling Injection pump fuel delivery above John Deere speciicallons, modifying combine grain tanks, and modifying self-propelled sprayers with unapproved wheels, tracks, tanks or booms; (3) Depredated or damage caused by normal wear, lack of reasonable and proper maintenance, fa8ure to follow operating InsWcgonarrewmmendallons; misuse, lack of proper protection during storage, vandalism, the elamonts or collision or aoddont (4) Normal maintenance pads sector service, Including but not limited to, ol( inters, coolants and conditioners, culling pans, belle, brake and dutch linings; (5) Any Utility Vahlcle used terracing or other competitive purpose; (6) Chains on Premium Balers. D. SECURING WARRANTY SERVICE - To secure warranty service the purchaser must, (1) Report the Equipment defect to an Authorized Dealer and request warranty service within the applicable warranty term; (2) Present evidence of the warranty dart date with valid proof of purchase; and (3) Make the Equipment available to an Authorized Dealer within a reasonable time. E. NO IMPLIED WARRANTY, REPRESENTATION OR CONDITION - To the extent permitted by law, neither John Deere nor any company affeieled with B makes any warranties, representations, conditions or promises express or Implied as to the quality, perilm anco or freedom from defect of the Equipment covered by these warranties other than [how set forth above, AND NO STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS ARE MADE.TO THE EXTENT LEGALLY REQUIRED, ANY IMPLIED WARRANTIES OR CONDITIONS SHALL BE LIMITED IN DURATION TO THE APPLICABLE PERIOD OF WARRANTY SET FORTH ON THIS PAGE. THE PURCHASER'S ONLY REMEDIES IN CONNECTION WITH THE BREACH OR PERFORMANCE OF ANY WARRANTY ON JOHN DEERE EQUIPMENT ARE THOSE SET FORTH ON THIS PAGE. IN NO EVENT WILL THE DEALER, JOHN DEERE OR ANY COMPANY AFFILIATED WITH JOHN DEERE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. (Note: Some judsdic ons do not allow Indianians on how long an Implied warranty lasts or the exclusion or nmllalion of incidental or consequential damages so the above limitations and exduslons may not apply to you.) In the event ire above warranty falls to comecl purchase's performance problems caused by defects M workmanship andfor materiels, purchase's exclusive remedy shag be nailed to payment by John Deem of Actual damages In an amount not to exceed the amount pail for the Equipment. This normally gives you specific legal rights, and you may also have other this which wry from jurisdiction to prlsdkJlon. F. NO DEALER WARRANTY THE DEALER HAS NO AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, CONDITION OR PROMISE ON BEHALF OF JOHN DEERE, OR TO MODIFY THE TERMS OR LIMITATIONS OF THIS WARRANTY IN ANY WAY. G. If further Information Is desired, contact Selling Dealer or John Deere al 1-568-993-3373 (Agricul or 1-800-537-8233 (Turf 8 Uglily Equlpmenq. (Effective November 1, 2019)