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HomeMy WebLinkAboutresolution.council.050-14 RESOLUTION #50 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GLENWOOD SPRINGS FORD 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 4x4 Pickup Trucks, between the City of Aspen and Glenwood Springs Ford, 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 4x4 Pickup Trucks, between the City of Aspen and Glenwood Springs Ford, 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 thq City Council of the City of Aspen on the 7th day of April 2014. l 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, April 28, 2014. Kathr S. Koch, City Cler 3 CITY OF ASPEN STANDARD FORM OF AGREEMENT the City oi pspen SUPPLY PROCUREMENT City of Aspen Project No.: 2014-039. AGREEMENT made as of 28"'day of April, in the year 2014. BETWEEN the City: Contract Amount: The City of Aspen c/o Fleet 130 South Galena Street Total: 538,405.24 Aspen. Colorado 81611 ' Phone: (970) 920-505 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 Glenwood Springs Ford until it has been approved by the City c/o Bruce Klein Council of the City of Aspen. 55 Storm King Road City Council Approval: Gleivvvood Springs, CO 81601 Phone: 970-184-7826 Date: AlD ,' 't +` Resolution No.:_j0, L59(16 - i Summary Description of Items to be Purchased: Two(2) F250 4x4 SD Pickup.Trucks One (1) OJ Watson Boss Snow Plow Exhibits appended and made a part of this Agreement: [.xhibit A: List of supplies, equipment, or materials to be purchased. t The City and Vendor agree as set forth below. 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 Road. Aspen. Colorado) [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. H. 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: 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$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: ATTT: By: � City Manager City Clerk VENDOR: GLENWOOD SPRINGS F , D By: -- Title EXHIBIT A Glenwood Springs Ford Truck 1 Base price $22,004.62 add below options limited slip $333.00 power package $763.00 snow plow prep $73.00 Boss"V" plow $5,231.00 total $28,404.62 08 F250 trade -$8,800.00 total after trade $19,604.62 Truck 2 Base price $22,004.62 add below options limited slip $333.00 power package $763.00 total $23,100.62 01 GMC trade -$4,300.00 total after trade $18,800.62 truck#1 $19,604.62 truck#2 $18,800.62 Net due to vendor $38,405.24 BID PROPOSAL FORM PROJECT NO. : 2014-039 BID DATE: March 26,2014 PROJECT: 3/4 Ton 4x4 Pickup Trucks PROPOSAL SUBMITTED BY:— �//7/.uo0i VENDOR VENDOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixt 60 Consecutive calendar days from the date of bid opening. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. ITEM DESCRIPTION RESPONSE General Based on the specs written herein,the City expects to receive bids on 2(Two) new year model 3/4 ton regular cab 4x4 Pickup, GVWR 8,500 LBS. min. Wheel base 131"min. Engine 8 cyl 8 Cyl.,5.3 Itr. min. CAB Regular Cab X e 3 Bed Long Bed Alternator H/D Alternator and H/D Battery S_ Transmission Automatic, S 4 X 4 YES/auto hubs , e s Axle ratios 3.73 min e S Shocks HD Front and Rear t Brakes ABS �s _ Tires All season radial's with full size spare , ef r Seats Cloth s Air Conditioning Yes ��s Bumpers Rear step. s Tow package Class 5 receiver and 7 blade plug ye s . Trailer wiring harness YES ye r_ Radio Standard AM/FM r s Fuel tank standard Wipers Intermittent rs" Vehicle color Body=White - Tow hooks Front Flooring Rubber f Standard vehicle base price each $ aa00�{ " PRICE Locking rear differential/ a� Limited slip Power windows/locks/power adjustable mirrors Heavy duty suspension /0, 7 Snow plow prep List what this includes package /�D <• r %:��� P_ 73. Flex fuel option Bed liner �2Y3 p� Snow plow "V"type plow,to be able to put the plow into a"V"or hydraulically fold both sides forward.Similar or equivalent to '20 the BOSS 8.2 VXT.quick disconnect hitch,plow lights with ., high and low beam and turn signals mounted to plow and all necessary wiring wired into truck.Pleas list brand and type of plow that you are giving us a price on. 0-4 s A, TRADE-INS #230102—08 F250 with Boss 8.2"V"plow '�WOo #550111 —01 GMC 2500 3"��- Viewing of vehicles can be arranged by calling Willy McFarlin at the City of Aspen Fleet Maintenance shop 970-920-5131. Pictures are available. DELIVERY Length of time from order placement to delivery ,x 90( Use the space below to offer any additional options not listed above which you wish the City to consider. Include their costs to the right. Item: Description: Cost: Item: Description: Cost: Item: Description: Cost: Item: Description: Cost: CNGP530 VEHICLE ORDER CONFIRMATION 03/11/14 13: 00:28 Dealer: F56483 2015 F-SERIES SD Page: 1 of 2 Order No: 1000 Priority: E1 Ord FIN: QS030 Order Type: 5B Price Level : 515 Ord PEP: 600A Cust/F'lt Name: ASPEN PO Number: RETAIL DLR INV RETAIL DLR INV F'2B F250 4X4 SD R/C $33840 $31217. 00 10000# GVWR PKG 137" WHEELBASE 213 ELECTRONIC SOF 185 158 . 00 Z1 OXFORD WHITE 4111 ENG BLK HEATER NC NC CLTH 40/20/40 100 85. 00 SPARE TIRE/WHL3 NC NC S STEEL 12.5K TRLR HTCH NC NC 600A PREF EQUIP PKG JACK .XL TRIM SP DLR ACCT ADJ (1365. 00) .TRAILER TOW PKG SP FLT ACCT CR (426. 00) 572 AIR CONDITIONER NC NC .AM/FM STER/CLK TOTAL BASE AND OPTIONS 35320 30890. 62 996 . 6. 2L EFI V8 ENG NC NC TOTAL 35320 30890. 62 44P 6-SPD AUTOMATIC NC NC *THIS IS NOT AN INVOICE* TBK LT245 BSW AS 17 X37 3. 73 REG AXLE NC NC * MORE ORDER INFO NEXT PAGE JOB #1 BUILD F8=Next Fl=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit F5=Add to Library : 006 - MORE DATA IS AVAILABLE. QC03172 fmrdp,aIr(dTN4P�P1 -(,'WF)T Mar 11 _ 2(114 11 - nn : "iR AN CNGP530 VEHICLE ORDER CONFIRMATION 03/11/14 13: 00: 38 -_> Dealer: F56483 2015 F-SERIES SD Page: 2 of 2 Order No: 1000 Priority: El Ord FIN: QS030 Order Type: 5B Price Level: 515 Ord PEP: 600A Cust/Flt Name: ASPEN PO Number: RETAIL DLR INV RETAIL DLR INV FUEL CHARGE $19. 62 B4A NET INV FLT OPT NC 7.00 PRICED DORA NC NC ADV ASSESSMENT . 00 DEST AND DELIV 1195 1-195. 00 TOTAL BASE AND OPTIONS 35320 30890. 62 TOTAL 35320 30890. 62 *THIS IS NOT AN INVOICE* F7=Prev Fl=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit FS=Add to Library 5099 - PRESS F4 TO SUBMIT QC03172 nrrlPa 1 r(8,7N4F1iP1 -(;TtJnT Mar 1 1 _ qn1 4 1 1 - nn - 44 AN OJ Watson Company, Inc. Quotation 5335 Franklin Street Denver,Colorado 80216 303-295-2885 or 800-332-2124 Fax:303-296-8049 Page 1 of 2 www.ojwatson.com GLESPF Salesperson: Daryl Brouse Customer:Glenwood Springs Ford 55 Storm King Road Quote Number: 24952 Glenwood Springs CO 81601 Quote Date. Quote valid until: 4/1012014 Contact: Bruce Kline Revision Number: 0 Phone:970-945-2317 2na: Work Order: Fax:970-945-0469 PO Number: Vehicle Information: Year,Make&Model 2015 F-250 RC SRW --�—Key# VIN# ---� Unit# —� Quoted Items: Description of Work S 1'A r rE OF COLORADO IF13-CM-14 BOSS SNOW PLOW-V PLOW-XT BLADE WIDTH:87" PLOW WITCH V POSITION:88" PLOW WIDTH STRAIGHT:98" BLADE HEIGHT:37"AT END 30"CENTER BLADE MATERIAL: 11 GA STEEL VERTICAL RIBS:6 VERTICAL 2 DIAGONAL CUTTING EDGE:''/i'X 6" TRIP RETURN SPRINGS:4 BLADE SHOES:OPTIONAL TRIP SPRINGS:4 QUICK HITCH SYSTEM:SMARTHITCH 2 SNOWPLOW SIGHT SYSTEM SMART TOUCH CONTROLLER BAKED-ON POWDER COAT FINISH ZINC PRIMER HIGH-PERFORMANCE HYDRAULIC PACKAGE PLOW LIGHT PACKAGE:DUAL HALOGEN BULB PLOW LIF F SYSTEM:CHAINLESS HYDRAULIC LIFTING CYLINDER t'WO-YEAR FACTORY BACKED WARRANTY Total Price not including Options or Taxes:$5,231.00 Optional Items: Options Amount Accepted Notes: Requires min 5,200 front axle Accepted BY ; Quoted By: Barry Bauer