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HomeMy WebLinkAboutresolution.council.058-06 l-".~' RESOLUTION No.5S Series of 2006 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Intermountain Sweeper 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 CONTRACT between the City of Aspen, Colorado and Intermountain Sweeger 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 approyes that CONTRACT between the City of Aspen, Colorado, and Intermountain Sweel'er Company a 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: 7J1!f ~ '2006.~ ~ <r~ _ Helen Kalin Klanderu , 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 ~ c9~ ,2006. jja:M Kathryn S. ~ , City Clerk \ SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2006 - 7FM THIS AGREEMENT made and entered into, this 29th dav in June between the City of Aspen, Colorado, hereinafter referred to as Intermountain Sweeper Companv . . hereinafter referred to as the 'Vendor." of 2006, by and the "City" and WITNESSETH, that whereas the City wishes to purchase~ One (1) Tvmco street sweeper model DST 600 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. Purchase. Vendor agrees to sell and 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 Fortv Thousand.Two Hundred Twelve and no cents dollars ($ 140.212.00). 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. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors 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 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 corisent 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 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 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 perforrried, 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. 7-PURCH.DOC 8. Aoreement 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. Attornev'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 Reoardino Debarment. Suspension. Inelioibilitv.and Voluntarv 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 this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Aoainst Continoent 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 or former 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 therefor. 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. 7-PURCH.DOC 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 sub-contractor 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 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 such 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. Citv 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 non- discrimination 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. Intearation 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. 7-PURCH.DOC 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: By: ~ II~~/ City Manager . A City Clerk VENDOR: '~...d4.l~ S4"ouc ~I j4J /L- By: Title. f .Ay,,~ 5aViM. 7-PURCH.DOC QUOTATION INTERMOUNT~ SWEEPER CO. 4300 Farm Road r"-;:;;~-:~ #; r"~ West's premierSalBs.Jmd ~~s~~~:::n Utah 84084 "'- / / ~lOr rs (801) 280-7010 : ~< ~ -- / "~ ::~lJIJers FAX (801) 28:-7050 ~~_ ~ .:: /'" "'_... ,_ Toll Free Outside S.L. 1-800-748-5456 ~'---"""--- "_#--~. ~,".. "''''~' ,~" DENVER OFFICE 3881 Paris Street #A Denver, Colorado 80239 (303) 574-0340 FAX (303) 574-9488 (888) 793-3726 (outside Denver) TO . . Willy McFarlin / Jerry Nye City of Aspen 130 South Galena Street Aspen, CO 81611 ( QUOTATION DATE SALESPERSON ) 6/fJ/{)6 Mil,e . . . TERMS Net 10 I SHIPPED VIA Best way DESCRIPTION I m.s. Destination I--ESTIMATED SHIPPING DATE Stock-I 80 Days ARO OPTION PRICES AMOUNT Tymco 600 Dustless Regenerative Air Sweeper Mounted on 2006 Freightliner FC-80 Cab oyer Chassis State Contract Price BUlL T IN VALUE INCLUDES John Deere turbo diesel aux. engine-99 HP Auto shutdown for 10 oil and high temperature HD air cleaner with turbo pre cleaner/filter minder Dustless dry sweep system- Series II High efficiency dry filter system with wet sweep capability Automatic self cleaning filter system purges filters Separate secondary containment area for ultra fines 220 Gallon water system with air purge clean out and drain system Cat 290 water pump with hiI10w wash down system BAH Broom Assisted Head Dual gutter brooms with dual in cab gutter broom tilts, mirrors, lights Hopper deluge clean out Rubber lined blower with Lo Noise ratio Abrasion protection package and seyere weather wiring package Auxiliary 8" suction hose with hydraulic assist boom Auxiliary electric hydraulic system Duo skids with 2 Year warranty Dual steering with air suspension seats Deluxe back lit control console Amber strobe w/1imb guard and flashers on rear Back up alarm and rear floodlights 200 HP Turbo charged Engine with Allison 2500RDS transmission 33,000 GVW Chassis AMIFMICassette stereo and air conditioned cab Operatorrrraining video $I83,212.00 Wi h options shown as cluded Le s Trade in for 2001 T co 600DST -$43,000.00 $140,212.00 WE ARE PLEASED TO SUSMITTHE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER. BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. QUOTED BY ACCEPTED BY DATE Intermountain Sweeper Co. PURCHASER ORDER # THANK YOU! WE APPRECIATE YOUR BUSINESS /, . QUOTATION INTERMOUNT~' SWEEPER CO. 4300 Farm Road ~. . '.. "J., .,. PO Box 187 ~;;::;"~. /' . .. . Wssf. Premler~~_/Il'Id West Jordan, Utah 94094 ~"-_ '. / <,,,,/ ,/~_.. lOr,. '_" rs (801) 280-7010 ~~ ,J",. ScrulJlJers FAX (801) 280-7050 J.lO~,::.:.. -"':-::',. .1':,'" /.;."'~'<_~~, ,"._, ". Toll Free Outside S.L.1-800-748-5456 ~.~-~...~~ . ,J;-c< ......"....;;",. "-""'. .~..'':>., TO . . ( QUOTATION DATE Willey McFarlin! Jerry Nye City of Aspen 6/6/06 . . TERMS I SHIPPED VIA Best 'WlWESCRIPTION I F.D.B. Destination Net 10 Tvmco 600 Ootioos State Contract BAH Broom Assist Head Lo noise Turbo charged engine 99 lIP In cab hydraulic gutter broom tilt - each Auto Sweep Interrupt System Auxiliary Suction hose with hydraulic assist and auxiliary hydraulics Aux hand hose extension nozzle Hi/Low pressure wash down system with Cat pump and wand Hose reel with 50 foot hose and automatic retract High output water system for extreme dust control Reverse Pickup Head Chains Hopper interior high build coating In cab dump switch Pneumatic hopper screen vibrator Engine block heater [ each] Hopper load indicator Fuel water separator auxiliary engine Full length cab light bar- Strobe type Arrow stick with in cab controller Electric Remote and heated mirrors Chassis hour meter Hopper screen chip and milling I/4 mesh Upgrade blower housing to Nitronic Stainless Steel Delete Dustless Option Some options may affect standard equipment by change or upgrade DENVER OFFICE 3881 Paris Street #A Denver, Colorado 80239 (303) 574-0340 FAX (303) 574-9468 (888) 793-3726 (outside Denver) SALESPERSON ) Mik.e I ESTIMATED SHiPPING DATE ith~N PRICES AMOUNT Included Included inCluded Included Included Included $425.00 Included $900.00 Included Included $2,200.00 Included $1,000.00 $200.00 Included Included $650.00 $765.00 Included $85.00 Included Included -$42,572.00 QUOTED BY WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED iT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS VALID FOR DAYS. THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCEPTED BY Intermountain Sweeper Co. PURCHASER ORDER # DATE "T'" ,... """ ,,,"'," 'AI'" ....................., A"T"'" ,,,..-.., ,... ..., ,....,......""....