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HomeMy WebLinkAboutresolution.council.109-17 RESOLUTION # 109 (Series of 2017) 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 Council a contract for Tymco 600 Dustless Regenerative Air 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 Tymco 600 Dustless Regenerative Air 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 Coun 1 of the City of Aspen on the.14`h day of August, 2017. Ste Skad on, Mayor 1, Linda Manning, duly appointed and acting City erk 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, August 14, 2017. &,1240 Linda Manning, City Cler i .. The Of 011130en CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2017-096. AGREEMENT made as of 141h day of August,in the year 2017. BETWEEN the City: Contract Amount: The City of Aspen C/o Streets Department 130 South Galena Street Total: $230,450.00 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 Intermountain Sweeper Company until It has been approved by the City Council of the City of Aspen. C/o 3881 Paris Street#A City Council Approval: Denver, CO 80239 Phone: 303-574-0340 Date:August 14, 2017 Resolution No.:Al Series 2017 Summary Description of Items to be Purchased: Tymco 600 Dustless Regenerative Air Sweeper 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. 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 Point 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. I 4. Warranties. (Manufacturer's warranty applies). 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 j 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. 11. Certification Regarding 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 theletter 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. 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. FOR THE CITY OF ASPEN: �DQ tty 'City Manager Clerk VENDOR: INTERMOUNTAIN SWEEPER COMPANY By: i Title i Exhibit A Supply Procurement Agreement Tymco 600 Dustless Regenerative Air Sweeper $315,450.00 Mounted on Peterbuilt Cabover Chassis Less trade-in for Tymco DST-6 -$85,000.00 Net Cost $230,450.00 Intermountain Sweeper Company must submit invoices to APaa,cityofapsen.com and include the City's PO number on the invoice. Failure to do so will result in significant delays in invoice and payment processing. QUOTATION - --'°"` DENVER OFFICE E` s h� • • 3881 Pads Street#A Denver,CO 80239 AMEN303)574- 0 ' ' - - - ' • • - -- • Fax(303)5749468 1-888-793-3726(outside Denver) TO Willy MCFarlin QUOTATION DATE SALESPERSON City of Aspen T Mike 130 S.Galena Street Aspen,CO 81611 . D Tymco 600 Dustless Regenerative Air Sweeper $315,450.00 Mounted on Peterbuilt Cabover Chassis Less rrade in for BUILT IN VALUE INCLUDES TYMCO DST-6 on UD John Deere turbo diesel aux.engine-99 HP Tier 4i Chasis Auto shutdown for to oil and high temperature -$85,000.00 HD air cleaner with turbo pre cleaner/filter minder Dustless dry sweep system-Series II in Stainless Box Net $230,450.00 High efficiency dry filter system with wet sweep capability Automatic self cleaning filter system purges filters Separate secondary containment area for ultra fines High Capacity Stainless Dust Separator 220 Gallon water system with air purge clean out and drain system Cat 290 water pump with hi/low wash down system BAH Broom Assisted Head with Abrasion lower liner Dual gutter brooms w/dual in cab gutter broom tilts,mirrors,lights Hopper deluge,Head deluge,Dust box deluge cleanout Rubber lined blower with Lo Noise ratio Abrasion protection package and severe weather wiring package ------ Hopper suction throat inlet liner and inlet wear flange Auxiliary 8" suction hose with hydraulic assist boom Duo skids with 2 Year warranty Single Right steering with air suspension seats Deluxe back lit control console Amber strobe wAimb guard and flashers on rear Back up alarm,rear floodlights,Backup Camera 220 HP Turbo Engine with Allison 250ORDS-P transmission 31,000 GVW Chassis with Bendix Air Dryer AM/FM/CD stereo and air conditioned cab Operator/Training DVD .v.��7n l.rKH`� x�;ar`x�T}\'^ �� I •�Tr'`irE.v1 `...€� Y .r„ .., .�.. . e ..g' iWf "P^� y. eP WEA EP TO SUB MR THE ABOVE QUOTATION FOR YOUR CONSIDERATION.SNOUID YOU PLACE AN ORDER,BE ASSURED R WILL RECEIVE OUR P DM" (TION.TH19 OUOTATION IS VALID FOR DAYS.THEREAFTER n IS SUBJECT TO CHANGE WITHOUT NOTICE. QUOTED BY ACCEPTED BY DATE IkernrountbIfn Sweeper Co. PURCHASE ORDER A THANK YOUI WE APPRECIATE YOUR BUSINESS. QUOTATION " ..1 :. .` DENVER OFFICE ' ® 3881 Paris Street#A Denver,CO 80239 (303)574-0340 TPM• r I C I I I I-I -- -I h Fax(303)574-9468 1-888-793-3726(outside Denver) TO Willy McFarlin QUOTATION DATE SALESPERSON City of Aspen11311 I 3)naco 600 Options BAH Broom Assist Head Included Lo noise Turbo charged engine 99 HP Tier 4F Included In cab hydraulic gutter broom tilt -each Included Auto Sweep Interrupt System Included Auxiliary Suction hose with hydraulic assist and auxiliary Included hydraulics Included Aux hand hose extension nozzle $425.00 Hi/Low pressure wash down system with Cat pump and wand Included High output water system for extreme dust control Included Reverse Pickup Head Chains Included In cab dump switch Included Aux Engine Intake Heater Automatic Included Hopper load indicator Included Full length cab light bar-LED type with 12 modules $1,900.00 Arrow stick with in cab controller-LED Whelen Included Electric Remote and heated mirrors Included Leaf Curtain Lifter Hydraulic with in cab actuator Included Wire woven Chip Screen Split type SS Included Variable Speed Gutter Brooms Included Aux Fuse panel for lights and radios Included Water system level gauge electric dash mounted Included Stainless Steel Dust Box Included Rear View Camera and head intake Camera Included Dual Steering $14,000.00 Some options may affect standard equipment by change or upgrade LM w -"Vl, m o IMEWIRAMM.AM, WEEAAARREE PLEAS TD suamrr THEABOVE QUOTATION FOR YOUR CONSIDERATION.SHOULD YOU PLACEAN ORDER,BEASSURED ITWIU-RECEIVE OUR r pP "P7 ON.THIS QUOTATION IS VALID FOR DAYS.THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE QUOTED BY ACCEPTED BY DATE Intermountain Sweeper Co. PURCHASE ORDER N THANK YOU!WE APPRECIATE YOUR BUSINESS.