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HomeMy WebLinkAboutresolution.council.098-05RESOLUTION NO. ~ (Series of 2005) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLY PROCUREMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND INTERMOUNTAIN COACH LEASING, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN. Whereas, there has been submitted to the City Council a Supply Procurement Agreement between the City of Aspen, Colorado and Intermountain Caoch Leasing, Inc., a copy of which is annexed herto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section I. That the City Council of the City of Aspen, hereby approves that a Supply Procurement Agreement between the City of Aspen, Colorado and Intermountain Coach Leasing, Inc., regarding the purchase of two 4-wheel drive replacement shuttle vehicles, a copy of which is annexed herto and incorporated herin, and does hereby authorize the City Manager to execute said Agreement on behalf of the City of Aspen. RESOLVED, APPROVED AND ADOPTED12th day of December, 2005,this by the City Council for the City of Aspen, Colorado~~ jj Helen K. Klanderud, Mayor 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 December 12, 2005. Kat~n S. Ko~, City Clerk CITY OF ASPEN SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and entered into, this 28th day of November, 2005 betWeen the City of Aspen, Colorado, herein after referred to as the "City" and Intermountain Coach Leasinq, Inc. hereinafter referred to as the "Vendor". WITNESSETH, that whereas the City wishes to purchase Two- ElDorado Aero Tech Model 200 Shuttle Vehicles hereinafter called the UNIT(S) being more fully described and attached herewith as 'Exhibit A', 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: Purchase. Vendor agrees to sell and City agrees to purchase the two UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for the sum of One Hundred Twelve Thousand Nine Hundred and sixteen Dollars ($112,916.00). 2. Delivery. (RFTA AMF at 0051 Service Center Drive, Aspen~ Colorado, 81611) 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. (Add Warranty provisions here). Successors and Assiqns. 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 tither party. 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. Waivers· No waiver of default by either par[y 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. AFlreement 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. 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. I1 · Certification Reqardinq Debarment, Suspension, Ineliqibility, 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 Aqainst Continqent Fees, Gratuities, Kickbacks 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 of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any par[ 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. 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 thereofl except those that may have been disclosed at the time City Council approved the execution of this Agreement. 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: Cancel this Purchase Agreement without any liability by the City; Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 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 utilizing 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 $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-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 er~ployment. 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 respepting discrimination and unfair employment practices. 17. Inteqration and Modification. This written Agreement along with all Contract Documents sha]I constitute the contract between the part[es and supersedes or ~ncorporates any prior wtitten and oral agreements ofthe padies. 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 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, AT-i-EST: By: FOR ~'[HE CITY OF ASPEN: city Ma2 er Oity Clerk VENDOR: Title November 21, 2005 City of Aspen 130 South Galena Aspen, CO 81611 Attention: Mr. John Krueger Dear John, Here is the vehicle which you have previously purchased and the price changes from the Denver RTD buses which we have recently delivered. I have noted the changes and cost differences of the Denver RTD bus to arrive and the total cost for your shuttle. Chassis 2006 Ford E-350 chassis Cutaway dual rear wheel 138" wheel base 5.~L Triton Electronic fuel injected gas engine 5R100 speed overdrive auto transmission/Electronic Tilt steering Street side exhaust system 130 Amp alternator w/ dual b~tteries 1250 CCA's Power steering/Power brakes ABS (Anti Lock Brakes) Intermittent windshield wipers 35 gallon fuel capacity Reverse backing alarm All season radial tires LT225/75R/16E Spare tire shipped loose Exterior LED lighting Front and rear mud flaps Front stabilizer bar Pront and rear springs with shock absorbers Front chrome bumper overdrive Body Conversion Features: 2006 ElDorado National "AeroTech 200" Exterior grade 3/4" plywood sub floor coach City of Aspen quote Page 2 11/21/05 Operators 1 piece "Full View~ curb side window 29" X 41" tinted top vented passenger windows Gray transit grade rubber flooring Ribbed aisle and entry steps w/ white nosing 36" Electrically operated double out entry door FMVSS Colored, numbered and function coded wiring (schematics) Electronics' switch panel control console Gray cloth trimmed interior Entry door modesty panel w/vertical stanchion pole ADA Drivers side cross bar and vertical stanchion pole ADA Driver modesty panel Right and left hand entry door grab handles ADA (2) overhead handrails A~DA White standee line by driver w/sign Exterior drivers mirrors w/ 5" convex's Heavy duty rear wrap around bumper 12 gauge painted steel Passenger windows w/ 31% tint and upper T-slides Full body and chassis undercoating Interior overhead accent insert with seat cloth material Sidewall fabric covered per last order Ceiling and walls gray gelcoat per last order Interior courtesy lights (4) w/ console control switch Exterior entry door light ADA Drivers seat w/recliner,right side arm rest,lumbar adjustable 12 Mid-high passenger seats (1) 2 passenger handi-flip down seat at rear wall Grab handles (10) Seats covered in Level 5 Tower seat cloth to match fleet Entry door modesty panel, vertical stanchion pole **ADA Left hand and right hand grab handles **A-DA Drivers side stanchion pole w/crossbar **ADA Front lighted sign panel w/Vultron electronic sign panel Double wheel chair doors w/tinted glass and door hold opens **ADA Intermotive Park brake/transmission interlock w/fast idle **ADA (1) Q Straint wheel chair tie down systems **ADA Storage bag for tie downs Interior and exterior lighting per **ADA Lettering per **ADA Braun L918 automatic wheel chair lift **ADA AM/FM stereo w/ 4 speakers Auxiliary rear air conditioning system--35,000 BTU/hr rated Auxiliary rear floor heater-- 45,000 BTU/hr rated First aid kit, fire extinguisher and Triangle reflectors Custom parts and electrical manuals Exterior paint is Ford bright white City of Aspen quote Page 3 RTD Price RTD Deductions City of~Aspen Additions Final Purchase Price $48,153.00 <$13,395.00> $21,700.00 $56,458.00 John, Here is how I arrived at the above Final Cost. Denver RTD bus 2004 ElDorado Aero Tech Model 220 Purchase Price $48,153.00 Deductions from RTD bus 158~ wheel base chassis 2004 $450.00 220 Aero Tech body 2004 $385.00 Mor-Ryde suspension sys. $650.00 Spring spacer lift side $60.00 Rear help bumper $485.00 Raised floor (no wheel wells) $525.00 Stainless flap at door $35.00 Rear door w/buzzer $150.00 Max A/C system $2,135.00 Braun lift pre FMVSS 403/404 $2,350.00 Mud flap @ condenser $25.00 200 amp alternator $675.00 65K heater/step heater $185.00 Heated stepwell $120.00 Ground strap $35.00 Fluorescent lights $225.00 Slide out battery tray $200.00 Pass signal/stop request sys $185.00 7x10 mirror $45.00 Bike rack $915.00 Manifest holder/globe cutter $175.00 PA sys/gooseneck mic/switch $225.00 Electric roller sign $850.00 Driver plex panel $75.00 Freedman fold away seat $350.00 Recaro driver seat $775.00 . Touch tape sys. $250.00 1 Q-straint/1 storage bag $275.00 1 scooter restraint $35.00 Green paint/decals $550.00 Total of Deductions $13,395.00 Additions to City of Aspen 2006 Chassis $975.00 2006 Body $875.00 Luminator destination sign $2,600.00 n/2 /os City of Aspen quote Page 4 11/21/05 Quigley 4 wheel drive Street side exhaust Gray cloth trim Cloth side walls Cloth headliner Gray gel'coat interior Braun lift 404/404 compliant Handiflip 2 pass seat AM/FM radio A/C system 45k floor heater Total Additions $10,450.00 $150.00 $135.00 $275.00 $385.00 $3so.oo $3,335.00 $355.00 $200.00 $1,400.00 $185.00 $21,700.00 NOTE: If egress windows are required on all windows must Add $535.00 then you Please let me know if you require any further information or pricing for these vehicles. I am currently working with Luminator to supply the software needed for you to program the new Vista destination sign. Contact me @ 1-719-237-9466 Best Regards Dean E. Walle Transportation Consultant Intermountain Coach Leasing, · .SLmerior ~:' '~ ~ ' AJtoo~sa rested co 7 vr,/200,O00 miles [SO 9001:2000 cerxifi~d ~: II Pa~e 1 of 1 , ,;,,:TO,.,, Intefmountaln Coach Leasing ConTract No. 24DK003 ',," ':, ,, ',:'?.,,,, ,?720 Electronic Drive Dated October 14, 2004 ':;c<',,' :: '"'"i?i , C:ol~rad~ Sp'inga, '0,o 80*22 Change Order No. ~ , ,?,'! ':,,;';:, .(',' ', '"~t~n~io'n: S~eve Franoom Effective Date 03/28/05 R~suan~, to ~rdole 2.1, Change the follow~ng. '"'"" ' "' ...... f ' ' Orderisto cladfy~hespecificatTonsin reference to the rear axel. , :',,.', ~?~';,",;'Yh'e.',~'urpo~e of th~s Change ,,,:,;~b S6op~ o¢ Wo~k Section 4,4, Breaking system, delete the part of Item C "Automatic Traction Control". : ,,,'~ :;, ' ,' The'tSco~e of Work Section 4.0, Chassis, Add item K "Limited Slip Differential' . ,. ,,'3"',' ' The equ tab e ad'uszmentj for this change as agreed upon, is ¢600.00 per vehic e as per your attached "",,:'~,',"', ¢ ~,;.,¢,.'-, ~he,'~ontract'awarU amount as stated on the Contract Award Page ~s hereby ~ncreased by S~x Thousand and ,', .,,, ,,'/ , ', ',,~0/100 Dollars ~6 000.00 from the anginal amount of Four Hundred Seventy F~ve Thousand Fwe Hundred , ,, ,,r. Thirty Six and 00/100 ~4~5 536.00) to the new 8mount of Four Hundred E~gh~y One Thousand r~v8 Hundred ' ,' ,,';4 TEirW Six and 00/100 ($481,536 00). 2; al'l ot~er terms and conditions of the Contract remain unchanged and in full force and effect. Regional Transport~~_ ./ /~Jsmes S~Q'(io~ Contracting Officer HDUOD N I U±NFIOlq~BIN I ~ ~ C~lorado Sprin~s, CO 80922 (719) 5Y0-1122 (719) 57~1124 F~ imd~ ao[.~m Inte~oun~i~ch.com ,Re$ional Trsnspor~ation District 1600 BlaEe Street ' In~ermountaln Coach Leasing, In.c,.,.____ BUYER'S ORDER. INVOICE _STOCK# 5120A DATE April 27, 2005 Y~,&MAKE 2005 E1Dora~n MFG,~ 81991 ' ',: ~,f&Js'~'ATE,.,,,, ,,. ,~ ~ "~en~'~.~t:~., :'CO, ~0202 MODEL A~.rn"?m~h BODY ',.P~NE'NO., ' (gO~. . 200-¢&10 COLOR Gr~n Z ~ ',,., L.',',~ 4 ...... VIN · 1FDXE45S3~86182 . ? :':;,'B~,.,,:. -,,, -&CHA~IS WAR~ ARE AS ~ED BY BO~ ANg CHASSIS MANUFACTURSR. NO O~SR WAR~N~ S MPLIED L"~'~'WA~UNLESSO~ERWSESTA~D Q CUSTOMERAGR~EV~CLEWAS~ '~.~ ~H~u~m uT~ = MILEAGE SPECIFICATIONS VEHICLE PRICE $48,153.60 DELTVERY TRADE-IN TOTAL $&~_ STATE TAX Exempt COUNT? TAX. CITY TAX TOTAL DEPOSIT W/ORDER N/A CASH ON DELIV, $48,153.60 TOTAL DOWN PAYMENT AMT. OF FINANCE Buyer guarantees a good and marketable title on trade-{~ free of al} liens and encumbranges, -Caller Is not liable [or any delay~ In delivery ¢~used by ordere~ e~uipmenL £0'~ ~'~TI ~3Lq 6IA HDUOD NIUINnOI4;~31NI Buyer's Appra~,a[ Dale .............. ~uye~'s S;gJ~alure .............