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HomeMy WebLinkAboutresolution.council.015-18 RESOLUTION #015 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SUPPLYWORKS 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 Sentinel Compact Street Sweeper, between the City of Aspen and SupplyWorks, 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 Sentinel Compact Street Sweeper, between the City of Aspen and SupplyWorks, 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 Council of the City of Aspen on the 22"d day of January, 2018. Steven Skad on, Mayor I, Linda Manning, 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, January 22, 2018. "NAA Linda Manning, City Cler i CITY OF ASPEN STANDARD FORM OF AGREEMENT The eiry a[usne SUPPLY PROCUREMENT City of Aspen Project No.: 2018-50780. AGREEMENT made as of 22"d day of January, in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks Department 130 South Galena Street Total: $216,899.27 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 pplyWorks until it has been approved by the City Su Su Council of the City of Aspen. 701 San Marco Blvd City Council Approval: Jacksonville_, FL 32207 Phone: Date: January 22, 2018 Resolution No. 15, Series 2018 Summary Description of Items to be Purchased: Compact Street 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. 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 585 Cemetery Lane, Aspen, Colorado 8161 1) [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. See Exhibit B. 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. Il. 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. i (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. 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 terns 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. fN 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: At7t: By: G� Wk, lyhfWl Aspen City anager Linda Manning, City Clerc Date SUPPLIER: INTERLIINNE BRANDS INC. DBA SUPPLY.WORKS By. /l¢a� Accrnmt Executive Title January 16, 2018 Date Exhibit A Supply Procurement Agreement Item # Description Price Quantity Total TENNANT EQUIPMENT SENTINEL Sentinel DIESEL(Wet and Dry W $ 152,510.00 1 $ 152,510.00 /D Sidebrush Dust Control) Standard Steering Right Side of Cab 324685 Block Heater $ 438.00 1 $ 438.00 Side and Vario Brush for RH Steering-, 9000043 Dual Side Brush Assembly(Dry Dust $ 3,850.00 1 $ 3,850.00 Control 9000036 Vario Sweeping Brush Assembly(Wet $ 15,700.00 1 $ 15,700.00 Dust Control 770156 Vacuum Wand $ 1,820.00 1 $ 1,820.00 770177 Extension Nozzle,vacuum wand $ 952.00 1 $ 952.00 9000064 Multi-Level High Dump (9 ft 6 in / $ 12,040.00 1 $ 12,040.00 2.9m)with Overload Indicator 9000076 Hopper Clean-Out Tool $ 192.00 1 $ 192.00 Machine Protection&Safety 9000079 Rubber Rear Bumper $ 203.00 1 $ 203.00- 9000091 Cum l Lubrication (Multi-Level $ 7,640.00 1 $ 7,640.00 9000033 Air Conditioning $ 3,470.00 1 $ 3,470.00 324754 Deluxe Seat w/Air Suspension $ 733.00 1 $ 733.00 9000089 Passenger Seat $ 527.00 1 $ 527.00 9000080 Tires,Foam-Filled- Radial in lieu of $ 1,750.00 1 $ 1,750.00 Std (Note 6 9000082 Radio/CD/Weather Band $ 897.00 1 $ 897.00 325075 Rear Camera&Monitor $ 3,050.00 1 $ 3,050.00 770163 Strobe Light-Dual with Guards $ 797.00 1 $ 797.00 ote 7 9000084 Work Lights: Halogen (Note 9) $ 517.00 1 $ 517.00 9000081 Engine Access Step Kit $ 281.00 1 $ 281.00 Brushes 761126 Main Sweeping Polypropylene Brush N/C 1 N/C 761211 Side Sweeping Polypropylene and Wire Brush N/C 2 N/C 761372 Vario Sweeping Brush Polypropylene and Wire Brush N/C 1 N/C Support Standard Warranty N/C N/C 331000 Operator Manual(English) N/C 1 N/C 1041886 Operator DVD (English,Spanish, N/C 1 N/C French)Verify Languages 9006205 Engine Manual $ 279.00 1 $ 279.00 9011360 Service Manual(Paper and CD) $ 109.00 1 $ 109.00 Custom Solutions Dual325879 Hinged Side Brush Cover $ 1,760.00 1 $ 1,760.00 &325878 Custom 0529171312 Higher Pressure Spraying $ 3,493.00 1 $ 3,493.00 System Subtotal $ 213,008.00 1 $ 213,008.00 Freight FREIGHT $ 3,891.27 1 $ 3,891.27 MACHINE TOTAL $ 216,899.27 1 $ 216,899.27 United States and Canada Industrial Limited Warranty Exhibit B - Supply Procurement Agreement MachineType Model Parts Labor Travel Hourmeter Scrubbers T12,T16,T17,T201,7300 36 Months 24 Months 6 Months 2000 Sweepers - S20',6200 24 Months 6 Months 6Months 2000 S30'-2,800" 48 Months 6 Months 6 Months 2800 Sentinel° 24 Months 6 Months 6 Months .2400 S10 36 Months 6 Months 6 Months 2000 Scrubber I Sweeper M17,M20',M30' 36 Months 24 Months 6 Months 2000 Letter VaC ATLV4300 24 Months 1 6 Months 6 Months 2000 'See EPA Emission Control Warranty Statement for details on the emission control system coverage for machines equipped with the certified gasoline or LP engine. 3 GM engines in these models carry a five(5)year or 3,000 hour(whichever occurs first)parts warranty,excluding starters,alternators, belts,general maintenance items,or failure due to improper maintenance. 'See Evaporative Emission Control Warranty Statement for details on the evaporative emission control system coverage for machines equipped with the Kubota gasoline engine. °Hopper and water tank carry a 5-year or 5,000 hour(whichever occurs first)parts warranty. NEW MACHINE WARRANTY Tennant Company warrants to the original purchaser,for the above-stated periods(whichever occurs first),that machines will be free from defects in workmanship and material, provided that machines are installed,operated,and maintained in accordance with Tennant written manuals or other instructions. The warranty period begins on the installation date at the end-user site. This warranty does not apply to damage or failure caused by accident, misuse, negligence, abuse, improper repair, or maintenance of the machines. Please refer to the Operator Manual for proper machine operation and maintenance instructions. Demonstrator machines purchased from Tennant tarty the same warranty as a new machine. LABOR AND TRAVEL WARRANTY Tennant will,at its option,provide labor and travel or pay for outside repair for the above-stated periods. PARTS WARRANTY Parts,replaced or repaired under this warranty are guaranteed for the remainder of the warranty period.Consumable parts,expected tomar from normal use,are not covered under the parts warranty. Items that are covered on a prorated basis include tires(1 year)and batteries(2 years). Some industrial steel tray batteries are warranted by the manufacturer for five(5)years. Brushes that fail due to defect within one(1)year will be covered based on percentage of remaining bristle length. Fiber reinforced composite shrouds and Duramer" shrouds, hoppers, solution, and recovery tanks are warranted for ten(10)years. . REPAIR PARTS WARRANTY After the warranty period expires,repair parts supplied by Tennant are warranted against defects for the period of ninety (90)days,with the exception of batteries which are covered on a prorated basis for twelve(12)months.The repair parts warranty only covers parts, not labor or travel(see service labor section for terms). SERVICE LABOR WARRANTY Labor and travel performed by a Tennant service representative are warranted for thirty (30) days from the date the repairs are completed. This policy does not cover work performed by any service company other than Tennant Company,and is restricted to the specific repair operation or component for which a claim is made. DISCLAIMER TENNANT COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.TENNANT SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, BUYER'S LOSS OF MATERIAL OR PROFITS, INCREASED EXPENSE OF OPERATION, BODILY INJURY, LOSS OF USE OF PROPERTY OR DOWNTIME. TC-208-05-001 Rev 8/17 Tennant Company reserves the right to change its warranty policy without notice.