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Home My WebLink Aboutresolution.council.154-23RESOLUTION #154 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND INTERMOUNTAIN SWEEPER 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 Counci) a contract for, (1) PowerBoss SW-9XR Sweeper between the City of Aspen and Intermountain Sweeper 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) PowerBoss SW-9XR Sweeper between the City of Aspen and Intermountain Sweeper 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 30th day of October, 2023. tV El 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 October 30`t', 2023. LLii = Nicole Henning, Cit Clerk DocuSign Envelope to: F6CE66DA-1430-4D6D-8175-0C20933aC5A2 CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT 401 CITY OF ASPEN City of Aspen Project No.: 2023-390 AGREEMENT made as of 2'� day of October, in the year 2023. BETWEEN the City: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970)920-5055 And the Vendor: Intermountain Sweeper Co c/o Darin Park 3881 Paris Street #A Denver Co. 80239 303-574-0340 darin(i4intermountainsweeper.com Summary Description of Items to be Purchased: Contract Amomtt: Total: S561560M If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid untiI it has been approved by the City Council of the City of Aspen. Citv Council AuorovaL• Date: 10/30/2023 Resolution No.: 2023-154 One Power Boss SW-M Sweeper for the Parking Garage with delivery to Aspen, CO. 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. DocuSign Envelope ID: F6CE66DA-1430-4D6D-8175-OC20933BC5A2 I. Purchase. Vendor agrees to sell and City agrees to purchase the iterns 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, 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. 4 Year/2800 Hour Warranty and 5 Year/3000 Hour Engine Warranty 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. ll. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is DocuSign Envelope ID: F6CE66DA-1430-4D6D-8175-OC20933BC5A2 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 Riling, 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 (I) 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 DocuSign Envelope ID: F6CE66DA-1430-4D6D-8175-OC20933BC5A2 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. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or• departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting 014 demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 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. (8. 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. DocuSign Envelope ID: F6CE66DA-1430-4D6D-8175-OC20933BC5A2 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; F6CE66DA-1430-4D6D-8175-OC20933BC5A2 IN WITNESS wFmR ur, 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: aoeus��a by: Ey' C$arx G. Off zaiwoz,.EE,aize 11/1/2023 i 7:25:22 PP1 PDT Date Approved as to form: DocuSlpned by: �an1t i r, �ut City Attorney s Office SUPPLIER: �oocusq„ea ny: aYiln. Pave fBS7EE68B36B1d8... By: Darin Park Area Manager Title 10/2/2023 � 3:50:07 PM MDT Date DocuSign Envelope ID: F6CE66DA-1430-4D6D-8175-OC20933BC5A2 EXHIBIT A: LIST OF SUPPLIES, EQUIPMENT, OR MATERIALS TO BE PURCHASED TO Daniel Maldonado Town of Aspen 1080 Power Plant Road Aspen, CO 970-379.4778 QUOTATION 6972 ) d , UT 04084 Road W<n l9556280 (a0n 01 fo: (S) E Top free OutsWeS ,L 7 MgJ4!-)/)b �TIC►i#1• is f. Net I Beslway I FDestination DESCRIPTION Pon•erRnss SW-9XR Sweeper BUILT IN VALUE INCLUDES 1.6 L-- SSHP-Kubota as engine —Liquid cooled —fuel injected 4 eyl H.D. 3 stage air cleaner with filter minder 4 Core Radiator and auxiliary hydraulic cooler Manual swing out engine access for serviceability Power Steering with tilt wheel Mechanical brakes and locking park brake 641r Overall sweep path with 26"side broom Retractable side brush with 3/8" HD steel curb broom guard No tool side broom change with quick release hub Nylon main and side brooms 22 Cubic root hopper with 64" Multi Level High Dump RTR Hopper loading with oversize front hopper access door Double wall one piece super main forme - 3/8" Steel for long life 1/8" All steel HD body panels 23" Pneumatic soft ride front tires and 21" rear lire for max clearance Head, tail, instrument lights Wet sweep filter bypass 110 Square foot dust filter system Dual electric filter shakers with limed shaking Grammar Deluxe suspension seat with adjustable support pull gauge package Heavy Duty rront and Rear bumpers for protection Rear vacuum exhaust outside engine compartment 4 Year/2800 Hour warranty 5 Year/3000 Hour Engine warranty rs14-32 Weeks ARO OPTION PACES a.e.�E srs..r �wnr�eo�s. w ».ems R1OTE0 A/ iertonga msauoatgnsvuur oars ireiv�vr[nn ssrezci ioawm[mnwrlgic[ AGCEPTEO BY DATE In(empurpair SMeper Co. PURCHASE ORDER THANK YOUI WE APPRECIATE YOUR BUSINESS. AAgl1NT 566,560.00 Less Trade in for PB TSS-90HC s10,000400 Net $56,560.00 DocuSlgn Envelope ID: F6CE66DA-1430-4D60-8175-OC209338C5A2 QUOTATION TO Daniel Maldonado Town of Aspen 1080 Power Plant Road Aspen, CO 970-379-4778 691i S l flood (wF8ae0ar11()BlI.IT 84014 955480 01) H9.6e48 Totl Free Oukka S,L. 1.800J48 5156 loos awwen �u a e rDestination ,Aurm s•wcuo nAre Net 10 Beslway I With Unit DESCRIPTION OPTION PRICES SW-9XR SWEEPER OPTION Diesel Engine upgrade Kubota I505 No Charge LPG Fuel System No Charge Engine Swing Out For Service Manual Standard Auto Shut Down for to oil, high temperature Diesel (std Gas and LPG) SI059.00 HD Rubber bumpers 4 sides 52,000*00 All weather clean air pressurized cab $11.123.00 Cab heater S1,268.00 Cab fan/defroster $78100 Cab Air conditioner system $7,947.00 Overhead protection guard FOPS $19493,00 Amber beacon Engine hood or OHG mounted $376,00 Stainless Steel Hopper shell assembly $5,456.00 Rhino Coated Hopper interior Included Left hand curb broom added for dual gutter brooms $1,750.00 Curb broom spotlight Included HD Steel Side broom guard Included Solid soft ride tires front and rear Included Back up alarm $528.00 Timed filter shaker system Standard Clogged filter shaker system Standard Power Flex Rear wheel suspension system S3.508.00 Fire extinguisher Mounted $175*00 Seal Bell $185.00 seo,osae,nr wAneaasoew,rwra sauro+a,aucF ur onoen. ee �ss,xmnwu rnnexrux„rsanrnnw s�vun ran �e1_ nrrcneu-Tenn avacer roauxoc mrawr w,cr� ]DOTED BY ACCEPTED BY DATE PURCHASE ORDER t THANK YOUI WE APPRECIATE YOUR BUSINESS. 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