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Home My WebLink Aboutresolution.council.060-15 : RESOLUTION #60 (Series of 2015) A RESOLUTION OF THE. CITY COUNCIL OF,THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND BERTHOD MOTORS, INC. 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 John Deere Tractor, between the City of Aspen and Berthod Motors, Inc., 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 John Deere Tractor,between the City of Aspen and Berthod Motors, Inc., 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 he City of th Aspen on the 26day of May, 2015. f , f 1 %f``Stev�eff-§adron, Mayor I, Linda Manning, duly appointed and acting City Clerk d�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, May, 26, 2015. C AA Linda Mannin , City Clerk 3 The City of"soon CITY OF ASPEN STANDARD FORM OF AGREEMENT I SUPPLY PROCUREMENT City of Aspen Project No.: 201.5-058. AGREEMENT made as of 26th day of May, in the year 2015. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks 130 South Galena Street Total: $48,835.27 Aspen, Colorado 51611 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 Berthod Motors, Inc. until it has been approved by the City Council of the City of Aspen. c/o Fred Dice 2914 Grand Avenue City Council Approval: Glenwood Springs, CO 81601 Phone: 970-945-7466 Date:May 26, 2015 Resolution No.: ew/J Summary Description of Items to be Purchased: John Deere 5U45iTYUtility Tractor �OZSK'! 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 585 Cemetery Lane, 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 Re ag rding 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. 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 shalt 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: t ATTEST: By: City Manager City Clerk VENDOR: BERTHOD M C. By- Title Exhibit A Equipment Summary Selling Price Qty Extended JOHN DEERE 5075M Utility Tractor $48,835.27 X 1 = $48,835.27 (57.6 PTO hp) Equipment Total $48,835.27 JOHN Quote Summary Prepared For: Prepared By: City Of Aspen Parks Department Fred Dice 585 Cemetery Ln Berthod Motors, Inc. Aspen, CO 81611 2914 Grand Avenue Business: 970-920-5120 Glenwood Spgs, CO 81601 Phone: 970-945-7466 equip@berthod.com Quote Id: 11012375 Created On: 02 March 2015 Last Modified On: 02 March 2015 Expiration Date: 15 June 2015 Equipment Summary Selling Price Qty Extended JOHN DEERE 5075M Utility Tractor $48,835.27 X 1 = $48,835.27 (57.6 PTO hp) Equipment Total $48,835.27 Quote Summary Equipment Total $ 48,835.27 SubTotal $ 48,835.27 Total $ 48,835.27 Down Payment (0.00) Rental Applied (0.00) Balance Due $48,835.27 Salesperson :X Accepted By:X 'a JOHN DEERE Selling Equipment Quote Id: 11012375 Customer: CITY OF ASPEN PARKS DEPARTMENT JOHN DEERE 5075M Utility Tractor (57.6 PTO hp) Hours: Stock Number: Selling Price $48,835.27 Code Description Qty Unit Extended 191 BLV 5075M Utility Tractor (57.6 PTO hp) 1 $ 53,367.00 $ 53,367.00 y; � IS ;Stanch Qptions Per Unfit - p _ 0409 English Operators Manual and Decal 1 $ 0.00 $ 0.00 Kit 1380 16F/1 6R PowrReverser Transmission - 1 $ 0.00 $ 0.00 540/540E 2010 Standard Isolated Open Operator 1 $ 0.00 $ 0.00 Station 2110 Standard Mechanical Suspension Seat 1 $ 0.00 $ 0.00 2400 Less Instructional Seat 1 $ 0.00 $ 0.00 3020 Vertical Exhaust 1 $ 0.00 $ 0.00 3330 Triple Rear Deluxe Valve with Lever 1 $ 1,179.00 $ 1,179.00 Controls 3430 Triple Mid Valve with Joystick Control 1 $ 770.00 $ 770.00 3820 Shiftable 540/540E Rear PTO 1 $ 0.00 $ 0.00 4010 Mechanical 1 $ 0.00 $ 0.00 5103 22.51-L-16.1 In. 6PR R3 (Turf 1 $ -1,277.00 $ -1,277.00 Special) Bias 5999 No Rear Tire Brand Preference 1 $ 0.00 $ 0.00 6040 MFWD (4 Wheel Drive) 1 $ 0.00 $ 0.00 6123 12LL-16 In. 6PR R3 (Turf Special) 1 $ -1,263.00 $ -1,263.00 Bias 6799 No Front Tire Brand Preference 1 $ 0.00 $ 0.00 8955 Front Weight Support - (55 kg/121 lbs.) 1 $ 235.00 $ 235.00 Standard Options Total $-356.00 BW15657 Hood Guard 1 $ 407.00 $407.00 LVB25785 Canopy - Deluxe 1 $ 961.40 $ 961.40 LVB25783 Canopy Mounting Kit 1 $ 74.80 $ 74.80 R127764 Weight, Front Suitcase 95 Lb. (43 kg) 9 $ 134.20 $ 1,207.80 Quantity of One Dealer Attachments Total $ 2,651.00 j a a n rn ;Ana O11eL7 »,« f? ER : Freight 1 $ 600.00 $ 600.00 Setup 1 $ 728.80 $ 728.80 Other Charges Total $ 1,328.80 Suggested Price $56,990.80 h 'a JOHN DEERE Selling Equipment Quote Id: 11012375 Customer: CITY OF ASPEN PARKS DEPARTMENT Customer Discounts Total $ -8,155.53 $-8,155.53 WARRANTY FOR NEW JOHN DEERE AGRICULTURAL EQUIPMENT AND LIMITED WARRANTY FOR NEW TURF&UTILITY EQUIPMENT(US&CANADA ONLY) A.GENERAL PROVISIONS-With respect to purchasers in the United States,"John Deere"means Deere&Company,1 John Deere Place,Moline,IL 61265,and with respect to purchasers in Canada,"John Deere"means John Deere Canada ULC,295 Hunter Road, P. 0.Box 1000, Grimsby, Ontario L3M 4H5.The warranties described below are 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 for sale in Canada and the US. 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 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 Dealer"). The Authorized Dealer will use only new or remanufactured parts or components furnished or approved by John Deere. Warranty service will be performed without charge to the purchaser for parts and/or labor. 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 labor 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 John Deere dealer is notified of the ownership change,and John Deere approves the warranty transfer. B.WHAT IS WARRANTED-Subject to paragraph 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,(except for certain agricultural tillage,planting,cultivating,and harvesting Equipment which may have a delayed warranty start date, but only if established by John Deere and noted by Selling Dealer on the Purchase Order). Included In Compact Utility Tractor Powertrain Warranty-Engine:cylinder block,cylinder head, valve covers,oil pan,emissions control components,timing gear covers,flywheel housing,and all parts contained therein. Powertrain:hydrostatic transmission,transmission case,differential and axle housings,clutch housings,MFWD front axle assembly,and all parts contained therein(does not include external drivelines,dry clutch parts,orsteering cylinders).SWEEPS,SHOVELS, PLOWSHARES,AND DISK BLADES:A replacement part will be furnished without charge if breakage occurs and the amount of wear is less than the wear limits established by John Deere. ~I,�/' E JM1 ��,.,� Tractors 24 Months or 2000 Hours,Whichever Comes First Tractors used in Earthmoving Applications(except those specific models and configurations 90 Days approved by John Deere as having a two year warranty in scraper alications Scrapers 6 Months for MY14 and earlier 12 Months for D Series and MY15 and later FrontierTm Equipment 12 months Sugar Cane Harvesters and Loaders 12 months or 1500 hours,Whichever Comes First. All other Equipment includes Ag Management Solutions AMSproducts) 12 Months Premium Balers 24 Months or 12,000 bales,Whichever Comes First;First 12 Months,No Bale Limitation Engines in Self-Propelled Equipment except Tractors* 24 Months or 2000 Hours,Whichever Comes First ------------------------------------------------------------------------ *Engine Items Covered in months 13 through 24-Engine block,cylinder head,rocker arm cover,timing gear cover,crankcase pan and all parts enclosed within these units. Also included are the fuel injection pump,turbocharger,water pump,torsion damper,manifolds,and engine oil cooler. All other engine related items are not covered in months 13 through 24. TURS&UT1La11tY EQUIPN[ENT, E ' >,v,».. i,f• ,. ,.l-?G!:.,ii!El,iE. EI S' RR A 1r ~RM"111 ElE 'E �It EENjEE! j rWA ,7 ........ 1 Z200 Series and Z425 EZtrakTM Mowers,and D100 Series Tractors*" 24 Months or 120 Hours,Whichever Comes First 2 S200 Series Tractors- 36 Months or 200 Hours,Whichever Comes First 3 X300 Series Tractors;Z400 Series EZtrakTM Mowers(Except Z425)** 48 Months or 300 Hours,Whichever Comes First 4 X500 Series Tractors;Z600 Series Residential EZtrakTM Mowers** 48 Months or 500 Hours,Whichever Comes First 5 X70OTM Series Tractors** 48 Months or 700 Hours,Whichever Comes First 6 JS Series Residential Walk-Behind Mowers 24 Months in Private Residential-Personal Use or 90 Das in Any Other Application 7)Wide Area Mowers,Front Mower Traction Units(with diesel or 20 HP and above engines), 24 Months QuikTrakTM Mowers,Commercial Walk Behind Mowers 32"or larger),and 7-IRON TM Mower Decks 8 Z900B Series and Z900M Series ZTrakTM Mowers 36 Months or 1200 Hours,Whichever Comes First;First 24 Months,No Hour Limitation 9)Z997,Z900A Series and Z90OR Series ZTrakT'"Mowers 36 Months or 1500 Hours,Whichever Comes First;First 24 Months,No Hour Limitation 10)Compact Utility Tractors 24 months or 2000 hours,Whichever Comes First a Powertrain on Compact Utility Tractors(components as per B above 36 months or 2000 hours,Whichever Comes First 11)GATORT'^Utility Vehicles(except CX and RSX) 12 Months or 1000 Hours,Whichever Comes First 12 RSX Series Utility Vehicles 6 months 13 Implements;Attachments sold separately and attachments used on Equipment listed in 7 through 11 112 Months 14 CX GATORTM", All other Turf&Utility Equipment 124 Months in Private Residential-Personal Use or 12 Months in Any Other Application "Attachments purchased on the same Purchase Order as the Equipment listed will be covered by the Equipment's warranty terms.Attachments purchased separately will be covered by the Attachment warranty(in line 13). C. (1)ITEMS COVERED SEPARATELY-(1)Tires and batteries are warranted under separate warranty documents provided with the Equipment; (2)Non-John Deere engines in self-propelled Forage Harvesters,other than model 7950, and windrowers are warranted separately by their respective manufacturer; (3)John Deere is not responsible for Yanmar fuel injection pumps and nozzles during the original manufacturer's warranty period. When the pump manufacturer's warranty is less than the engine warranty,John Deere will provide warranty during the remainder of the original engine warranty term;(4)John Deere Hand Held-Portable products are covered by a separate warranty;(5)When applicable,a separate emissions warranty statement will be provided by Selling Dealer.(6)John Deere Walk Behind Snowthrower equipment is warranted under a separate warranty.(7)Series 3500 and 5500 rubber tracks are warranted in agricultural use on a pro- rated basis based on wear and age for 48 months or 4000 hours and 24 months or 2000 hours in other applications. (II)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,modifying combine grain tanks,and modifying self-propelled sprayers with unapproved wheels,tracks,tanks or booms;(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 parts and/or service,including but not limited to,oil,filters,coolants and conditioners,cutting parts,belts,brake and clutch linings; (5)Any Utility Vehicle used for racing 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 start 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 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. (Note:Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages so the above limitations and exclusions may not apply to you.)In the event the above warranty fails to correct purchaser's performance problems caused by defects in workmanship and/or materials,purchasers exclusive remedy shall be limited to payment by John Deere of actual damages in an amount not to exceed the amount paid for the Equipment.This warranty gives you specific legal rights,and you may also have other rights which vary from jurisdiction to jurisdiction. 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 at 1-866-993-3373(Agricultural)or 1-800-537-8233(Turf&Utility Equipment). DF-2065(Effective November 1,2014)