HomeMy WebLinkAboutresolution.council.038-97
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RESOLUTION NO. $ S'
Series of 1997
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A
SUPPLY PROCUREMENT AGREEMENT BETWEEN THE CITY OF ASPEN,
COLORADO, AND . WAGNER EQUIPMENT COMPANY, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S)
ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Supply
Procurement Agreement between the City of Aspen, Colorado and Wagner
Equipment Company, a copy of which contract is annexed hereto and made a part
thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that Supply
Procurement Agreement between the City of Aspen, Colorado, and Wagner
Equipment Company, copy of which is annexed hereto and incorporated herein,
and does hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
Dated: ?ha; ~ l'
,1997.
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John S. . ennett, Mayor
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I, Kathryn S. Koch, 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 ~a~Lf d 7-
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1997.
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Kathryn s. , City Clerk
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MAY 2e '97 e9:26AM CITY OF ASPEN
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THE CITY OF ASPEN
May 19, 1997
Sandy J.B. Lowell
Wagner Equipment Co.
1 BODO E. Smith Road
Aurora, CO. 60011
Re: CITY OE ASPJ';!'I-- BID NO. 1997 -1FM - Notice of Awerd
Dear Sandv
This is to inform you that following tl'te opening of bids on Tuesdav. March 18,1997, for the above
referenced project, all bids received were evaluated in accordance with the criteria set forth in the
Invitations to Bid and a determination was made that your bid was the lowest responsible and
responsive bid. Accordingly, tl'te City of Aspen hereby accepts your bid to perform tl'te work outlined
!n tl'te bid docum!3nts for an amount not to exceed One Hundred Twenty-one Thousand. Six
Hundred.~~~_n!y'-one Dollars and NO cents ($ 121,671.00), subject to approval by tl'te City Council
of the City of Aspen. This contract will be presented to the City Council for their approval or> _
Tuesdav M~2.7., 1997. Your attendance at tl'tis meeting is not neces,sary although you are
certainly welcome to attend.
In accordance with the provisions set forth in the Contract Documents, you must comply with the
following conditions precedent within tan (10) days of the date of this Notice of Award, tl'tat Is by
12:00 noon, Wednesdav. Mav 21,1997:
1. You must deliver to tl'te City of Aspen tl'tree (3) fully executed counterparts of the
Agreement including the Contract Documents.
2. You must deliver witl't the executed Contract tl'te completed Certificate e,f
Incorporation.
Failure to comply with tl'tese conditions witl'tin the time specified will entitle the City of Aspen 10
consider your bid abandoned, to annul tl'tis Notice of Award, and to declare your Bid Security
forfeited.
1:~tl"'IlIJ11l GI\r,t;",,$'t'IUll."r. AsI'R!\!, COl.OIV"I,)O 'HIlI1 . l)Ho~g 97U,l,l?'O,S(Joo . PI\)( 970.920.51\17
r.h\lI,'ll I'R 1t1'(YIIL~1 p~prr
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Within ten (10) days after YOu comply with these conditions or following City Council approval,
whichever occurs last, the City of Aspen will retum to you one fully signed counterpart of the
Contract, together with a Notice of City Council Approval.
Thank you ror your bid and congratulations on being the successful bidder for this project.
Sincerely,
CITY OF ASPEN
By:~,d~ lb$r~t(J.,lo..t- Ctt9~e".-
Amy argerum, City Manager
award not. bid
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SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO, 1997 -1FM
THIS AGREEMENT, made and entered into. this _ day
the City of Aspen, Colorado, hereinafter referred to as the "City" and
hereinafter referred to as the "Vendor."
of 1997, by and between
WaonGr ECluipment CO. ,
WITNESSETH, that whereas the City wishes to purchase One (1). 4 cubic yard,
articulated front-end loader with additional snow bucket hereinafter called the UNIT(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 the City as specified In Its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth,
agree as follows:
1. Purchese. Vendor agrees to sell end City agrees to purchase the UNIT(S) as described
in the Contract Documents and more specifically in Vendor's Bid for the sum of One Hundred
Twenty-one Thousand,.~ix Hundred Seventy-one Dollars and NO cents ($121.671.00),
2. Deliverv. (FOB 1080 POWER PLANT RD. ASPEN. CO.)
3, Contract Documents, This Agreement shall include all Contract Documents as the same
are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this
Agreement as if fully set out at length herein.
4. Warranties. (As described in section headed TECHNICAL SPECIFICATIONS). The
warranty for this machine shall be: Full machine warranty for seven (7) years or 5,000 hours,
whichever occurs first. A$ a result of this warranty coverage, there shall be no requirement to bond
the guaranteed maximum cost of repairs as outlined In the bid documents.
5. ~ucce8S0rs and Assians. 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 tl'teir 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 PartilllS, This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or partilllS, except to parties to whom Vendor or City may assign this
Agreement in accordance with the speciflc 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 tal'mS, 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 tl'te 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.
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8. Aareement 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. Attomev's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entiUed to its costs and reasonabl€"
attomey's fees.
10. Waiver of PresumDtion, 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 Reaardina Debannenl Susoension Ineliaibilitv. and Voluntarv Exclusion.
Vendor certifies, by acceptance of this Agreement, that neither il nor its principals is presentiy
debarred, suspended, proposed for debannent, 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 tiel'
!tansactlons, solicitations, proposals, contracts and subcontracts. In the event that vendor or any
lower tier participant was unable to certify to this statement, an explanation was attached to the Bid
and was determined by the City to be satisfactory to the City.
12. Warranties Aaainst Continaent Fees. Gratuities. Kiokbacks and Conflicts of Interest.
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.
Vendor agrees not to give any employee or fanner employee of the City a gratuity or any
offer of employment in connection witI't 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 far ruling, determination, claim or
controversy, or olher particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during the
term of ttlls 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
In addition 10 other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interes~ the City shall have the right to:
1.
2,
Cancel this Purchase Agreement without any liability by the City;
Debar or suspend the Offending parties from being a vendor, contractor or
sub-contractor under City contracts;
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Deduct from the contract price or consideration, or otherwise recover, the
value of enything transferred or received by the Vendor; and
Recover such value from the offending parties.
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13. Termination for Default or for Convenience of Citv.
The sale contemplated by this Agreement may be cancelled by the City prior to acceptance
by the City whenever for any reason and In its sole discretion the City shall determine that sud1
cancellation is in its best interests and convenience.
14. fund Availabilitv. 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 utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Aooroval. If this Agreement requires the City to pay an emount of money in
excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of
the City of Aspen.
16. Non-Dlscrlmination. No discrlmination because of race, color, creed, sex, merital status,
affectional or sexual orientation, femily 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 non-discrimination
in employment. Vendor further agrees to comply with. the letter and !he spirit of the Colorado
Antidiscrlmination ACt of 1957, as amended, and other applicable state and federal Jaws respecting
discrlmination and unfair employment practices.
17. Intearation and Modification. This written Agreement along wilh 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 en Agreement or to modify the terms of the Agreement on behalf of the City.
Any sucl't 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 aulhorized
representatlve of Vendor for the purposes of executing tl'tis Agreement and tl'tat hefshe has full and!
complete authority to enter into this Agreement for the terms and conditions specified herein.
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MAY 210 '97 109:29AM CITY Of' ASPEN
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IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to
oe 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.
By;
ATTEST:
VENDOR:
Wagner Equipment Co,
By:
R~ Qf~MJ
Dick Reuss
Title.
Vice President of
Finance
purohagr,bid
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