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Home My WebLink Aboutresolution.council.103-23RESOLUTION # 103 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DENVER INDUSTRIAL SALES & SERVICE CO 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, (1) Craftco Paver Machine between the City of Aspen and Denver Industrial Sales & Service Co, 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, (1) Craftco Paver Machine between the City of Aspen and Denver Industrial Sales & Service Co a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of. 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,. Nicole Henning, City rk DocuSign Envelope ID: 4A03CD26-2437-436C-BBD1-D5DBA29C4DED CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT CITY OFASPEN City of Aspen Project No.: 2023-256 AGREEMENT made as of 19th day of June, in the year 2023. BETWEEN the City: The City of Aspen c/o Daniel Maldonado 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Denver Industrial Sales and Service Co. c/o Todd Mellema 850 S Lipan St Denver, Colorado 80223 303-395-2485 todd@dissco.net Summary Description of Items to be Purchased: Contract Amount: Total: $85,625.25 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_Ap rp oVal: Date: July 11, 2023 Resolution No.: 2023-103 One (1) Craftco Paver II Machine per Source well Contract #080521-CFC Exhibits appended and made a part of this Agreement: Exhibit A: Item to be Purchased and Cost Exhibit B: Source Well Price Agreement DocuSign Envelope ID: 4A03CD26-2437-436C-BBDI-D5DBA29C4DED 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 Rd, Aspen, CO 81611) 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. N/A 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. Attorne '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 ID: 4A03CD26-2437-436C-BBDI-D5DBA29C4DED 11. Certification Regarding Debarment, Suspension, Ineli ig bUity, 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 Ci . 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: 4A03CD26-2437-436C-BBDI-D5DBA29C4DED 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. DocuSign Envelope ID: 4A03CD26-2437-436C-BBD1-D5DBA29C4DED 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. FOR THE CITY OF ASPEN: DocuSigned by: B � aYa G. y �naana�aFE,9a_B Aspen City Manager 7/13/2023 1 6:57:46 AM PDT Date Approved as to form: L gned by: r. Irno, City Attorney's Office SUPPLIER: ❑ocuftned by: By: Todd Mellema President Title 6/20/2023 1 10:55:09 AM PDT Date DocuSign Envelope ID: 4A03CD26-2437-436C-BBD1-D5DBA29C4DED EXHIBI'T A: ITEM TO BE PURCHASED AND COST CI SSCo. Quotation DENVER INDUSTRIAL SALES & SERVICE CO. PRONE (303)935-2485 Date: 6.7,12023 850 S LIPAN ST DENVER, CO 80223 Estimate #; 2023-05-423 Quotation Made To: City of Aspen 427 Rio Grande PI Aspen, CO 81611 Ship To 080 Power Plant Rd Aspen, CO 81611 1 am pleased to submit this quotation for your acceptance. Thank you for the opportunity to quote your material an&or equipment needs. Please take a look at the following numbers and il'you have any questions please feel free to contact Inc. Project Terms Rep FOB SDurcovell quote Nee 30 J FNI Aspen Item Description laty Unit Price Total CRA5670U ca LkaFco ib700 Pate her IL -1mAct Mount 1 79.90(I.00 7F9(X1(J0 SourLewell Discount SciureemUl Contract Di counl. Haw Una5 -5.01y% -3'145.00 SuBlur t. 74,955.0U CRA20016 ca Cralea _Mot(( 2 1:2" Pmtic Hitch I 21e5.t)U 285.00 CRA20120 ea C'ra(ca _'0l'_0 IS" I htch Lxtens>on 1 655-00 6551K) CRA24227 ca C'ra&o.24227 Sari Pm Hound BWe Cunncttot 1 0.00 1).(K) CRA24(0)5[t ca Crafco 24(N3hti Snvhc Light- Mounted 1 390.00 390.(K) CRA2605S ea Cmfco 261)58 10 lbs Fire h:xungurshcr 1 240.00 240.00 CRA261159 ca C'rafrn 2f409 Fern kxungtowher bracket 1 950) 95.00 CILA20119 ea CnEa 26119. 3V Said►• Book w latch 2 71—50 145.U() CRA5778] ea C'raf o Propane tortb kit u• LP hottic I 740.OU 740.0() CRA45599 ca Crafco 45540) kngim Cover ]rcutated 1 2,125.00 2.125,CK) CRA56825 caCrako 36,z25 %Iateriul Chute A%Ncrtthlt l L670.00 1.670.00 CRA5765U ca Crafeo CRAL57650 Apjthcaum Bulgy. yen• Styli: 1 2 (X)D.()U 2 960-00 C RA3_252 ea C'rafeo 51iuc4wx Appliealor %" x 1 _2' x 6' 1 210.00 210.00 Applicable Satc-s taxes (if any) are not included in dic Total price. Payment to be made as follows, Tcnns am as slated above with approved credit. Prices are quoted P. O- B- Vendor unless otherwise noted above. Actual quantity delivered may vary due to limitations imposed by USDO I' andior hauling capacity of transportation company. Any options added shall be in addition to the above quotation. 'Phis quotation shall remain open for a period of thirty (30) calendar days from date hereof. Total Any contract arising from this quotation shall be expressly limited to the terms and conditions stated herein and the attached InvitationTo Bid. Your acceptance of this quotation shall be Seemed acceptance of those terms, otiad comfi iaar. unkw4 otherwtse cepicssly consented to In writing by Dentl`r Industrial Sale & Scnur Co. also known as DISSCO. we reserve the right to modify or withdraw this offer al any time prior to your acccptanec- ]leis quotation shall remain open for a period of thirty 130} calendar days fironi date hereof I would like to thank you for the opportunity to quote your material area or equipment needs. Quotation Made 13y: _ Quoeation Accepted By: date ofAmcptancc: Page 1 DocuSign Envelope ID: 4A03CD26-2437-436C-BBDI-D5DBA29C4DED DENVER INDUSTRIAL SALES & SERVICE CO. PHONE (303)435-2485 850 S LIPAN ST DENVER, CO 80223 Quotation Made To: City of Aspen 427 Rio Grande PI Aspen.. CO 81611 Quotation Ship To 1080 Power Plant Rd Aspen, CO 81611 Date; 6,1T2023 Estimate #; 2023-05423 I am pleased to submit this quotation for your acceptance. Thank you for the opportunity to quote your material andfor equipment needs. Please take a look at the following numbers and if you have any questions please feel free to contact Me. Project Terms Rep FOB Sourcewell quote Net 30 JIM Asprn Item Description Oty Unit Price Total C1tA57NN5 ea Crafoo Center Drag Box kit IrY & 4" RYA I 1.200.011 ] 200.W SLIBTU'I'AL 10.715.(I) sourcnvell D1SCOant Upu.-. S01.1rccUT11 Contract mscount. Upamons, 2(rt:. -24.0(Y% -2.143.00 Shipping Crafeo Equip - ... Inbound Freight. Vendor to DEN 1 1 75110 1.75(A00 Dealer Delivery miles. Delivery ofequipmem to customer 199 I. 5 349.25 Availability_ 7 to 12 weeks ARU Sourcewell Contract *00521-CFC Appl icablc Sales Taxes (if any) are not included in the Total price. Payment to be made as follows: Terms arc as stated above with approved credit. prreesare quote! F. U. H. Vendor unless otherwise notal abocc. Arland quannly del itrnd may vary due to Ima4muumu imposed by USDOI anJ or hauling capacity of transportation company. Any opasms added shall he in addition to the above quill Wion. ILbb yuvtauon +hall remain open for a period of they (30I caland" hays from date tmcrevl: Total $ K5_625.? s Any contract ansing from this quotation shall be expressly limited to the terms and conditions stated herein and the attached Invitation To Bid. Your accepumec of this quotation shall be deemed acceptance of those teats and conditions unless otherwise expressly consented to in writing by Denvcr Indtnirial Sales & Service Co. also known as DISSCQ We reserve the right to modify or withdraw this offer at any, time prior to your aecrpm noc.'ihts quotation shall rentatn open for a period of thirty 1?01 cakmbr days from date hereof. I would like to thank you for the opportunity to quote your ntatenal and -'or equipment needs. Quotation Made By: _ - _ Quotation Acecpta�d By: Date of Acocptance: Page 2 DocuSign Envelope ID: 4A03CD26-2437-436C-BBD1-D5DBA29C4DED EXHIBIT B: SOURCEWELL PRICING AGREEMENT r r 114 r . I tlp: M 1111 l - 1w _ _ _ _ i'` Crafcv, Inc. Angie Hoaglin 602.276.0406 480.961.0513 aneie.hoaglinlSkralto,mm faddC�mur. r, cwt IPAM IfIDESC1111w. I-- Gnitra�/eke 56700 ❑TY/Partrf/0rscription ea Crafco Patches 11, Trailer Mount Price QTYjPart#JDesulption7$2,3M.00 $ 74,955.00 Crafco 2012018" Hltch Extension S 524.00 rralCD CHAS1650AppNcaunn Buggy, NM SWWIC Gafco 24095K Strobe Light, Mounted S 312,00 Y_'rico 312S2 5hocbw Appl¢alor 8'x 12'• 6'8.00 Gafco 2605910lbs Fire Extinguisher 5 192.D0 Crafco SIMS Center drag Box xn 10" 8 C 8yA0.00 Crafca 26059 Fire Extinguisher Bracket 5 76.00 ICrafco 20016 2-1/2' pintle hitch S 228.00 Gafco 26119, 319- Safery Hook wl latch %2 S 116.00 $ - Crafco 57781 Propane torch kit wl LP bottle S 592.00 1 5 Crafco 45599 Engine Cover Imiated S 1,700.00 $ C raf[a %825 Material Chute Assembly- - Suh:-�:- f 8 572.00 CITY/Pan rr/Description Price 4TY/Part O/Description Price S $ s $ 5 - $ S 5 S $ 5 5uLb ILG tp I:� QUANTITY 1 Enuiprnrnt Total: S 83.527.00 fart nJOtscriptien units PricOunit TOTAL 5 $ _ 5 $ 5 S MaterialIot 5 Description Price Description Price Inbound Freight, Vendor to DEN S 1,750.0000 S - —equipment to customer S 348.2500 $ ; = vial S 2,078-2500 5 85,G2S.2500 Crafco approval By: Date: 6/7/2023 Angie Hoaglin