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HomeMy WebLinkAboutresolution.council.024-18 RESOLUTION #024 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND WAGNER EQUIPMENT COMPANY 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 Compact Wheel Loader, between the City of Aspen and Wagner Equipment Company, a true and accurate copy of which is attached hereto as Exhibit "A",- NOW, 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 Compact Wheel Loader, between the City of Aspen and Wagner Equipment Company, 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 26`h day of February 2018. / Steven Sk ron, Mayor 1, 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, February 26, 2018. c Linda Manning, City Cle k The City of Own CITY OF ASPEN STANDARD FORM OF AGREEMENT cirenttometsmuce SUPPLY PROCUREMENT City of Aspen Project No.: 2018-50780. AGREEMENT made as of 26"day of February,in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Parks Dept 130 South Galena Street Total: $65,550.00 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 Council of the City of Aspen. C/o PO Box 919000 City Council Aooroval: Denver, CO 80291 Phone: Date: February 26, 2018 Resolution No.:24, Series Summary Description of Items to be Purchased: 2018 Caterpillar Model 908M Compact Wheeler 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. 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 585 Cemetery Lane, Aspen, Colorado) [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. Standard Warranty: 12 months unlimited hours, parts and labor (travel time included for the first 6 months. Extended Coverage: 3 years/1500 hour premier extended coverage plan. 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. 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 of 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: I. 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$25,000AO 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 Renresentative. 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: Attes r By: UI A It I tvC1 Aspen City Manager Linda Manning, City Clerk 22- Date SUPPLIER: WAGNER EQUIPMENT COMPANY By//` a-J Qom-- �,�;�., SIS A�t,✓' Title 2- I-20 , Date Exhibit A Supply Procurement Agreement 'Make Caterpillar $96,450.00 Model 908M Year 2018 Stock# 453020 Serial# OH8802318 Trade-in 2009 WA805 KOMTSU -$30,900.00 Total $65,550.00 Quote 176180-01 WAGNER Quote 176180-01 February 12,2018 CITY OF ASPENPARKS DEPT 585 CEMETERY LANE ASPEN,Colorado 81611 Attention:MATT KUHN Dear Sir, We would like to thank you for your interest in our company and our products,and are pleased to quote the following for your consideration. CATERPILLAR Model:908M Compact Wheel Loader STOCK NUMBER:453020 SERIAL NUMBER:OH8802318 YEAR:2018 HOURS:3 We appreciate the opportunity to extend this quote.This quote is subject to availability and is valid for 30 days,after which time we reserve the right to re-quote.If there are any questions,please do not hesitate to contact me. Regards, Brian Shaver Sales Representative Wagner Equipment Co. Page 1 of 4 Quote 176180-01 CATERPILLAR Model:908M Compact Wheel Loader STANDARD EQUIPMENT POWERTRAIN-Emissions Compliance- Higher Regulated Countries- -Cat 55kw gross,C3.3B,HRC-For Europe and Canada:- -US EPA Tier 4i or Tier 41'Certified- -EU Stage 3A or 3B Certified-For United States:- -US EPA Tier 4f Certified-EU EU Stage 3B Certified-Engines are fitted with- cold start plugs- -electric fuel priming pump- -Air cleaner,two-stage with- visual indicator- -Closed Circuit Breather- -Hydraulically driven suction fan- -S-O-S sampling valves- (engine oil and hydraulic oil)- -Two speed hydrostatic transmission- with inching function, 12 mph-20kph- maximum speed- -Frame mounted heavy duty axles with- outboard planetary reduction- -Maintenance free,sealed for life,prop- shaft and universal joints- ELECTRICAL-12 volt direct electric starting-Ignition key start/stop switch-80 ampere alternator-Maintenance free,sealed for life, heavy duty battery-Battery disconnect switch-Cab mounted fuse panel-Service port connector for- electronic diagnostics(ET)- OPERATOR ENVIRONMENT-Gauges:---Fuel level--Hydraulic oil temperature--Engine coolant temperature--Speedometer- Operator station on isolation mounts-Digital service hourmeter-Operator warning system indicators:--Master warning--Parking brake applied--Hydraulic oil pressure--Engine oil pressure--Coolant temperature--Electrical system--Hydraulic fitter bypass- OPERATOR ENVIRONMENT(Continued)-Multifunction joystick:-- Forward/neutral/reverse--Gear 1/2 switch,low range-- Differential Lock switch--Continuous flow,auxiliary-Internal rear view mirror-Suspension seat,adjustable- wrist rest- Interior/Exterior aux. power sockets-Suspended brake/accel.pedals-Cup holder-Heavy duty easy clean floormat-Personal storage-Onboard digital display cluster-2 external mirrors-knockback-Retractable seat belt,50mm(2 in) COOLING-Extended life coolant antifreeze-Protected to-33F(-36C) OTHER STANDARD EQUIPMENT-Z bar linkage with parallel lift-3rd valve aux hydraulics,standard flow-Engine enclosure- lockable-Lockable side door compartments-Hydraulic oil level sight gauge-Lockable fuel filler cap-Radiator expansion bottle- Quick release fuel fltr/water separator-ECO engine oil drain-Quick Coupler-Parking Brake(Secondary Brake)-Quick disconnect hydraulics,auxiliary-Recovery hitch 8 pin-Front and rear fenders-Pressure test points-Machine lifting/tie down points-Loader end float function-High intensity rear lights-Reversing light-E coat primer-Self-cancelling direction indicators- Page 2 of 4 Quote 176180-01 MACHINE SPECIFICATIONS 908M WHEEL LOADER S313 CERT ENGINE LIGHTS, ROADING RH DRIVE DIP ENGINE,55KW,C3.3B,T4F,HRC TRANS 22 MPH DIFF LOCK E/H SOUND SUPPRESSION,STANDARD VALVE, DRAIN, ECO PRECLEANER FAN,COOLING,ON DEMAND CPLR,VERT,STD FLOW CAB, DELUXE,SINGLE BRAKE AIR CONDITIONER,AND HEATER SEAT BELT, RETRACTABLE 3" JOYSTICK,E/H,TANDEM VALVE SECURITY SYSTEM,NONE FEATURE PACKAGE, LOAD/ROAD TIRES,400/70 R20, MX,XMCL HYDRAULIC OIL, STANDARD ANTIFREEZE,-50C (-58F) INSTRUCTIONS,ANSI SERIALIZED TECHNICAL MEDIA KIT LIGHTS,CAB,WORKING HALOGEN ALARM, BACK UP HARNESS,WIRING,WT,VERTICAL HEATER, ENGINE COOLANT, 120V BLIND, REAR RADIO,CATERPILLAR PRODUCT LINK,CELLULAR, PL240 BUCKET-GP 1.4 YD3 CARRIAGE,55",CLASS III FORK, PALLET,48"CLASS III Tires Page 3 of 4 Quote 176160-01 NJPA GOVERNMENTAL COOPERATIVE PRICING CITY OF ASPEN NJPA#35520 SELL PRICE $96,450.00 LESS GROSS TRADE ALLOWANCE ($30,900.00) TOTAL $65,550.00 TRADE-INS Model Make Serial Number Year Trade Allowance WA805 JKOMATSU(KM) IH50515 12009 I $30,900.00 WARRANTY&COVERAGE Standard Warranty: 12 Months Unlimited Hours,Parts and Labor(Travel Time included for the first 6 months) Extended Coverage: 3 Year/1500 Hour Premier Extended Coverage Plan F.O.B/TERMS: Aurora Page 4 of 4