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Home My WebLink Aboutresolution.council.014-96 ~ . e !&L'V RESOLUTION NO. l<t (Series of 1996) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND KODIAK NORTHWEST, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF A KODIAK NORTHWEST SNOW BLOWER, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Kodiak North- west, a copy of which contract is annexed hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1 That the City Council of the city of Aspen hereby approves that contract between the City of Aspen, Colorado, and Kodiak Northwest regarding the purchase of a Kodiak Northwest Snow Blower, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the city Manager to execute said contract on behalf of the City of Aspen. Dated: ~0'0 , 1996. John /4 g~~ s. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting city Clerk do certify that the foregoing is a true and accurate copy of that e e e - ",,~lIIIlIIIIilIIlIIlI!tnillf resolution adopted by the City Council of the City Colorado, at a meeting held ~~U.J =::fs- of Aspen, , 1996. 2 - ..m.................."'.... PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,000 _uire City Manager approval. They.do not require competitive bids but require documenta~?n o~ source selection .cess. Contracts over $10,000 reqmre CIty Attorney and CIty Manager approval. Compeuuve bIddmg process is required. Contracts over $25,000 require City Council approval. All CONTRACTS Procurement Description: SC44 44 Loader Mounted Snow Rlower 1996-6FM Project #: 96-35 Budget estimate: $ 88,000.00 Is proposed expenditure approved in the Department's Budget? ~ Yes L-L No Explain process for vendor selection: 'Fh i ~ lJn i r i R np i ncr ['" rroh rl ~t=>rl II <:::n 1 0. ~nll rro " Kodiak Northwest is the only vendor capable of supplying the dp-sired unit A. 311196/ Dept. Head approval of proposal: ~ 1/ CONTRACTS OVER $2.000 AND UNDER $10.000 1 Contractor/Vendor Selected: ~/ Dept. Head approval: ) / / / City Attorney review: I I / City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor/Contractor NAr / / RFP or ITB Completed: / / / Eng. Dept. Review: NAj / I RFP or ITB Reviewed by City Attorney: NIV / / 1st Advertisement / / / 2nd Advertisement (Attach Advertisement) NAI / / Bid Opening: Contractor/Vendor Selected: Ko~ak Nry'''est 3/ 11 9 Wept. Head approv~ ~ , " / / I Award letter sent < / 695 I 3 signed contracts returned by vendor/contractor. L-..N.b Performance and Payment Bonds received J, ~ Certificate of insurance received ! / / / Finance Department Review: If Over S25,000. 3/ 2-/tfI,/ Prepare cove?:1erno and resolution for City Council Approva l . ;: 96 ' -,~ ~ City Attorney Review. '----A / / / City Manager Approval: ~ ( 2. Sf qf:,; City Counc i l Approva l / / / Notice to Proceed ~riginal signed contract documents to City Clerk, Department and Contractor/Vendor CONTRACTS OVER $10.000 e e e -----~~-",.- SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1996-6FM THIS AGREEMENT, made and entered into, this _ day between the City of Aspen, Colorado, hereinafter referred to KODIAK NORTHWEST, hereinafter referred to as the "Vendor." of 1996, by and as the "City" and WITNESSETH, that whereas the City wishes to purchase ONE (1). SERIES SC44-44, LOADER MOUNT I SELF CONTAINED SNOW, BLOWER hereinafter called the UN1T(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to tile City as specified in its Bid. NOW, THEREFORE, tile City and tile Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase tile UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for tile S\lln of EIGHTY-EIGHT THOUSAND DOLLARS AND NO CENTS Dollars ($88,000.00 ). 2, Delivery (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. Tins Agreement shall include all Contract Doc\llnents as tile same are listed in the Invitation to Bid and said Contract Doc\llnents are hereby made a part oftlns Agreement as if fully set out at length herein. 4. Warranties, As described in the accompanying literature. 5. Successors and Assigns, Tins Agreement and all of the covenants hereof shall inure to tlle benefit of and be binding upon the City and tlle Vendor respectively and tlleir agents, representatives, employee, successors, assigns and legal representatives, Neitller tlle City nor the Vendor shall have the ,right to assign, transfer or sublet its interest or obligations here\lllder without the written consent oftlle other party, e 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 tills Agreement in accordance with the specific written permission, any rights 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 tenns, 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 tenns, covenants or conditions herein contained, to be perfonned, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that tlllS Agreement was made in accordance witll the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in tlle courts of Pitkin County, Colorado. 'e 9. Attomev's Fees. In the event tllat legal action is necessary to enforce any of the provisions of tlllS Agreement, the prevailing party shall be entitled to its costs and reasonable attomey's fees, 10. Waiver of Presumption. This Agreement was negotiated and reviewed through tlle mutual efforts of tlle parties hereto and the parties agree that no construction shall,be made or presLUnption shall arise for or against eitller party based on any alleged unequal status of the parties in tlle negotiation, review or clrafting of the Agreement. e II, Certification Regarding DebannenL Suspension. Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible or voluntarily excluded liOln participation in any transaction with a Federal or State department or agency. It nuiher cert'ifies that prior to submitting its Bid tllat it did include tlus clause without mocjific'ation in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event tllat vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to tlle Bid and was detennined by the City to be satisfactory to the City. ~_..................t"""'!II" e 12, Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure tllls Contract upon an agreement or lUlderstanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established cOImnercial or selling agencies maintained by tlle Vendor for tlle purpose of securing business. Vendor agrees not to give any employee or former employee of tlle City a gratuity or any offer of employment in connection witll any decision, approval, disapproval, recOImnendation, preparation of any part of a program requirement or a purchase request, influencing tlle content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for mling, detennination, claim or controversy, or otller particular matter, pertaining to tillS Agreement, or to any solicitation or proposal tllerefor. e Vendor represents tllat no official, officer, employee or representative of tlle City during tlle tenn of tlns Agreement has or one (I) year tllereafter shall have any interest, direct or indirect, in tllls Agreement or the proceeds tllereof, except tllOse tlIat may have been disclosed at the time City Council approved the execution oftllls Agreement. In addition to other remedies it may have for breach of tlle prolnbitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: I. Cancel tlns Purchase Agreement witllOut any liability by tlle City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor 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. I, Recover such value from the offending parties, 13. Termination for Default or for Convenience ofCitv. "e The sale contemplated by tillS Ab'Teement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall detennine that such cancellation is in its best interests and convenience, e e e _a~___~_._ 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 tins Agreement contemplates tile City utilizing state or federal funds to meet its obligations herein, tins Agreement shall be contingent upon tile availability of oftllOse fimds for payment pursuant to tile terms of tins Agreement. 15. City Cowlcil Aooroval. If tins Agreement requires tile City to pay an amowlt of money in excess of$IO,OOO.OO it shall not be deemed valid until it has been approved by tile City Council of tile City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, aiIectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in tile employment of persons to perfonn lll1der tins Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non-discrimination in employment. Vendor furtller agrees to comply with the letter and tile spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and otller applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. TIns written Agreement along with all Contract Docwnents shall constitute the contract between tile parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor wlderstands tllat no City official or employee, other tllaIl the Mayor and City Cowlcil acting as a body at a COlll1cil meeting, has authority to enter into ail Agreement or to mocWy tile terms of tile Agreement on behalf of tile City. Any such Agreement or modification to tins Agreement must be in writing and be executed by tile parties hereto. 18. Authorized Representative. TIle lll1dersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an autilOrized representative of Vendor for the purposes of executing tins Agreement and that he/she has full and complete authOIity to enter into tins Agreement for the tenns and conditions specified herein. , e -- e 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. ATTEST: ~d~ City Clerk / purchagr.bid FOR THE CITY OF ASPEN: By: VENDOR: ~~ /)~/;(tf4t1 By: Title. ~4) ODI!K I N 0 R T H W E S T e e 03/11i1gg5 15:02 PAGE 02 12B84388502 KODIAK KODIAK NORTHWEST WAR R .... III l' 11' KODIAK NORTHWEST GUARANTEES THAT FOR A PERIOD. ONE YEAR OR 5~~ HOURS FROM THE TIME OF FIRST USE. KODIAK NORTHWEST WILL AT OUR EXPENSE AND WITHOUT EXPENSE TO THE PURCHASER. REPLACE ALL PAlLED PA.RTS AND MAKE ALL REPAIRS 'fIlAT HAY lilt REQUIRED BY REASOII OF DEFECTIVE DESIGN. WOR~M^NSHIP. OR ~^lE~IAL IN ANY PAR~ OF THE ASSEMBLY OF THE ROTARY BLowER AKD ASSOCIATED COMPOnENTS. KODIAK NORTHWEST WILL PROVInE ASSISTANCE TO THE TO THE PURCHASER WITH AllY WARRMI:T'l PROBLEMS WHICH >>lAY ARISE 'IIITH I'IANUPACTURIlilG" SUPPLIERS OR CONTRACTORS. upON NOTICE III WRITING, KODIAK NORTHWEST WILL PROMPTLY REPAIR OR REPLACE ALL DEFEcTIVE OR DAMAGED lTEKS DEL1VERED UNDgR THE CONTRACT. THE CONTRACTOR HAY ELECT TO HAVE ~KY REPLAe~D ITEM RETURNED TO HIS ~LAU~. BR~~NS&d:) PRESIDENT KODIAK NORTHWEST 1;'0. BOX 370 PAUL, IDAHO 83347 PHONE (208) 438-8248 FAX (208) 438-8502 . e Jack Reid City of Aspen 130 So Galena St. Aspen, Co 81511 Jack: ODIAK f NORTHWEST P.o. BOX 370 PAUL, IDAHO 83347 February 21,995 Enclosed you will find a specification and technical information on the SC44-44 blower. Your price FOB as per with a man from Kodiak to help with the installation and training. Including a truck loading chute and your push frame for moving trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $88, 000. 00 I did not include pricing on a quick hitch for the loader as we don't know what you will order yet. Please give me a call if you have any questions. Thanks, ~ Bruce Burtenshaw President Kodiak Northwest BB/cb PHONE (208) 438-8248 or (208) 438-8507 FAX (208) 438-8502