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HomeMy WebLinkAboutresolution.council.100-17 RESOLUTION # 100 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WAGNER EQUIPMENT COMPANY 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 a Caterpillar Backhoe Loader, between the City of Aspen and Wagner Equipment Company 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 a Caterpillar Backhoe Loader, between the City of Aspen and Wagner Equipment Company 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,Co cil oft e City of Aspen on the 24`h day of July, 2017. -""`\ / Steven Skadrordo yor I, Linda Manning, duly appointed and acting City Cle 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 July 24, 2017. -Y(ZI Linda Manning, City Clerk . the City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2017-086. AGREEMENT made as of 24'h day of July, in the year 2017. BETWEEN the City: Contract Amount: The City of Aspen c/o Fleet 130 South Galena Street Total: $103,680.00 Aspen, Colorado 81611 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 Wagner Equipment Company until it has been approved by the City c/o Council of the City of Aspen. . PO Box 14620 City Council Approval: Denver, CO 80217 Phone: 303-561-0451 Date: July 24. 2017 Resolution No.: Summary Description of Items to be Purchased: Caterpillar Model 430F2 HRC Backhoe Loader 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. I. 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 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. (12 Months Unlimited Hours, Parts and Labor (Travel Time included for the first 6 months). 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. H. Certification Reeardine 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 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. IT. 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. IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to te 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. FO I THE CITY OF ASPEN: // ity Manager �[ Clerk VENDOR: WA NER UIPMENT COMPANY 13y: 'fill EXHIBIT A SUPPLY PROCUREMENT AGREEMENT 2017 CATERPILLAR Model: 430172 HRC Backhoe Loader STANDARD EQUIPMENT BOOMS,STICKS AND LINKAGES- 15'Center pivot excavator style- backhoe-Pilot operated joystick hydraulic- controls with pattern changer valve-Pilot operated stabilizer controls-Boom transport lock-Swing transport lock- OTHER STANDARD EQUIPMENT-Backhoe Safety Manual-Operations and Maintenance Manual-Lockable hood -Tire Valve Stem Protection-Long Life Coolant-30C(-20F)-Padlocks(2 on ST, 3 on IT) BOOMS,STICKS AND LINKAGES-Street pads stabilizer shoes-Anti-drift hydraulics- (Boom, Stick and E-Stick) -Cat Cushion Swing(tm)system-Bucket level indicator-Lift cylinder brace-Return-to-dig(auto bucket positioner)- Self-leveling loader with single lever- control-Transmission neutralizer switch-Single Tilt Loader- POWERTRAIN-Cat C4.4,86kW(Net 108 HP/81kW)- Direct Injection Turbo Charged Engine,- with ACERT technology.- US EPA Tier4 Final Emissions Compliant- with Selective Catalytic Reduction(SCR)-Waterseparator with service indicator-Thermal starting aid system-Eco mode-A dry-type axial seal air cleaner with- integral precleaner,automatic dust- ejection system&filter condition - indicator-Hydraulically boosted multi-plate wet- disk brake with dual pedals&interlock-Differential lock-Drive- line parking brake OPERATOR ENVIRONMENT-Interior rearview mirror-Rear fenders-ROPS canopy-2-inch retractable seat belt -Tilt steering column-Steering knob-Hand and foot throttle-Automatic Engine Speed Control-One Touch Low Idle-Floor mat and Coat Strap-Lockable storage area-Air suspension seat OTHER STANDARD EQUIPMENT-Hydrostatic power steering-Standard Storage Box-Transport tie-downs- Ground line fill fuel tank with 44- gallon capacity-Ground line fill diesel exhaust fluid- tank with 5 gallon capacity -Rubber impact strips on radiator guards-Bumper-CD-ROM Parts Manual POWERTRAIN-High Ambient Cooling Package-Torque converter-Transmission—four speed synchro mesh- with power shuttle& neutral safety- switch-Spin-on fuel,engine oil&transmission- oil filters-Outboard planetary rear axles-Open Circuit Breather- HYDRAULICS-Load sensing,variable flow system- with 43 gpm axial piston pump-6 micron hydraulic filter- 0-ring face seal hydraulic fittings-Caterpillar XT-3 hose-Hydraulic oil cooler-Pilot control shutoff switch- PPPC, Flow-sharing hydraulic valves-Hydraulic suction strainer- ELECTRICAL-12 volt electrical start-150 ampere alternator-Horn and Backup Alarm-Hazard flashers/turn signals-Halogen head lights(4)-Halogen rear flood lights(4)-Stop and tail lights-Audible system fault alarm- Key start/stop system-880 CCA maintenance free battery-Battery disconnect switch-External/internal power receptacles(12v)-Diaghostic ports for engine and machine- Electronic Control Modules-Remote jump start connector- OPERATOR ENVIRONMENT-Lighted gauge group- MACHINE SPECIFICATIONS 430F2 BACKHOE - LOADER FORK TINE,2" X 5"X 54" BELT,SEAT,2" SUSPENSION BUCKET-HD ROCK,24", 7.0 CFT BUCKET-GP, 1.5 YD3, IT COUNTERWEIGHT,1015 LBS GUARD, STABILIZER TIRES, 12.5 80/19.5L-24,FS RADIO&CD PLAYER, BLUETOOTH RIDE CONTROL COLD WEATHER PACKAGE, 120V HRC SEAT, DELUXE FABRIC COUPLER,PG, MANUAL, DUAL LOCK PRODUCT LINK,CELLULAR,PL6411 HYDRAULICS,MP,6FCN/8BNK,IT PT,4WD,AUTOSHIFT CAB, DELUXE AIR CONDITIONER,T4 STICK,EXTENDABLE,16FT ENGINE, 86KW,C4.4ACERT, T4F WORKLIGHTS(8) HALOGEN LAMPS CARRIAGE,FORK CUTTING EDGE,TWO PIECE,WIDE STABILIZER PADS, FLIP-OVER Wheel Spacers SELL PRICE $120,900.00 LESS GROSS TRADE ALLOWANCE ($17,220.00) TOTAL $103,680.00 TRADE-INS Model Make Serial Number Year Trade Allowance 710D IJOHN DEERE(JD) 1802326 11994 $17,220.00 WARRANTY&COVERAGE 12 months Unlimited Hours, Parts and Labor(Travel Time included for the first 6 months)