HomeMy WebLinkAboutresolution.council.089-14 RESOLUTION # 89
(Series of 2014)
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
Volvo Motor Grader, 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 Volvo Motor Grader, 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 ADOPTE y the Ci Council of t e City of
Aspen on the 28ffi day of July, 2014.
S eve Skadron, 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, July 28, 2014.
c
Linda Manning, Ci Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT
SUPPLY PROCUREMENT
City of Aspen Project No.: 2014-077.
AGREEMENT made as of 14th day of July, in the year 2014.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Fleet Manager
130 South Galena Street Total: $115,588.00
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
c/o Council of the City of Aspen.
PO Box 28 City Council Approval:
Denver, CO 80201-0028
Phone: 303-288-6801 Date:
Resolution No.:
Summary Description of Items to be Purchased:
Volvo G946B Motor Grader
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. See 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 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.
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 Continizent 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. Inteizration 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:
4ityvCSIerk By: Ql'� s�✓
ity Manager
VENDOR:
POWER EQUIPMENT COMPANY
By: /0
I�u�1�T✓��► / Secs /i1a "4 Cie.
Title `/
EXHIBIT A SUPPLY PROCURMENT AGREEMENT
Volvo G946B Motor Grader State Bid Pricing $247,748.00
Minus the front plow that is not needed -$12,000.00
Subtotal $235,748.00
Options:
HTE 1160 Transmission with auto-shift $3,240.00
Joy stick controls $11,600.00
Front push block in lieu of lift group: $0
Total Options $14,840.00
Subtotal with options $250,588.00
Minus Trade-in: 2007 Cat 143H Motor Grader -$135,000.00
Total with options and trade-in credit $115,588.00
Power Equipment Company offers a 7 year buy-back option of$200,000 or will swap out the
grader each year during the first 7 years.
r
MAIN OFFICE
P.O.Box
Denver,CO
80201-0028
Fax: 303-288-6809
If PowsR epulaMe«r CO.
Phone: 303-288-6801
May 20,2014
Willy McFarlin e ,
City of Aspen
130 South Galena Street
Aspen,CO, 81611
RE:C-DOT Grader Award#31100532 and purchase options
The above referenced award is for a NEW Volvo G946B Motor Grader.
As we have discussed,the options selected to meet the City of Aspen's criteria are as follows:
Award Price:$247,748.00
Deductions from the award price are as follows:
Front Plow:-$12,000.00
Additions to the award price are as follows:
HTE 1160 transmission w/auto-shift:$3,240.00
Joy-stick controls:$11,600.00
Front Push block in lieu of lift group: no charge
Net Price to City of Aspen:$250,588.00
We will offer you $135,000.00 for the trade in of your 2007 Cat 143H motor grader, serial number
APN01150
Net trade difference of:$115,588.00
Power Equipment Company would offer a 7 year buy-back of$200,000.00.
We would swap out your grader each year during that period of time, as we have outlined in the buy-back
program for the wheel loaders.Aspen would keep the original wing delivered with the first unit.
Please contact me with any questions,and thank you for this opportunity!
Sincerely,
Andy Remmo
Municipal Sales Manager
Power Equipment Company
2940 East Las Vegas St. 2329 River Road 3251 MJB Road 100 Barr Avenue,SE
Colorado Spgs.CO 80906 Grand Junction,CO 81502 Casper,WY 82601 Albuquerque,NM 87105
Fax: 719-390-9804 Fax: 970-243-0726 Fax: 307-577-9703 Fax: 505-345-4715
Phone: 719-392-1155 Phone: 970-243-0722 Phone: 307-577-9700 Phone: 505-344-9466