HomeMy WebLinkAboutresolution.council.045-18 RESOLUTION #045
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND C&M GOLF AND GROUNDS 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
Ventrac Tractor replacements, between the City of Aspen and C&M Golf and
Grounds 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 Ventrac Tractor replacements, between the City of Aspen and C&M Golf and
Grounds 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 Council of the City of
Aspen on the 12`h day of March 2018.
Steven Ska ron, 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, March 12, 2018. >
inda Manning, City Clerk
1 •til.._
The Cltr of pspeo
CITY OF ASPEN STANDARD FORM OF AGREEMENT Citl plmraeY1016ce
SUPPLY PROCUREMENT
l City of Aspen Project No.: 2018-50780.
AGREEMENT made as ol" I"_"i'day of March. in the year 2018.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Parks and ARC
130 South Galena Street Total: $95,422.95
.Aspen. Colorado 81611
Phone: (970)920-;055
If this Agreement requires the.City to pay
And the Vendor: an amount of money in excess of
I $25,000.00 it shall not be deemed valid j
CRn1 Goll and Grounds Colorado
it has been approved by the City
clo Council of the City of Aspen.
6395 E. 56'h.Avenue City Council Approval:
Commerce City, Co 80022
Phone: 'Date: March 12, 2018
Resolution No.: '6— Dt
Summary Description of Items to be Purchased:
Three(.i) Ventrac Tractor N lodel 4500""/_ plus accessories
Exhibits appended and made a part of this Agreement:
Gxhibil A: List of supplies. equipment, or material; to be purchased.
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 (.) copies, all of which. to all
intents and purposes. shall be considered as the original.
FOR THE CITY OF ASPEN: Attes
By: Gl
Aspen City 4anager Linda Manning, City Clerk
3 -0 -18
Date
SUPPLIER:
C&M GOLF AND GROUNDS COLORADO
L 44�4-
By: ,4I
Title
Date
' 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 i1' fully set forth here for the sum
set forth hereinabove.
i .
2. Delivery. (FOR 585 Cemetery Lane, Aspen.. Colorado 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 filly set out at length herein.
I
d. Warranties. Nfanufacturer's warranty applies.
�. 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 light 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 he 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 part.
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 he 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 file 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)ln 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 Citv. The sale contemplated by this
Agreement Wray be canceled by the City prior to acceptance by the Cite 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 arier 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 finds 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$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 Citv
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 modiR, the terns 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 Paries.
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 fotnt or is not an original.
Pricing Quote
Date Quoted: January 26, 2018
Quote Expires: February 25, 2018
Prepared For: Prepared By:
Matt Kuhn "C&M GOLF AND GROUNDS-COLORADO
City&f Aspep '6395E 56TH AVE
Aspen CO. COMMERCE CITY CO'86022_
Thank you for the opportunity to quote the following Ventrac product(s)for your review. I have added the
items that we feel would best serve your needs. Please feel free to contactme with any questions.
QTY Model # Description NJPA Total
2 450OZ(39.51208) Ventrac Tractor.KN,450OZ Kubota WG972-GL 19,380.00 38,760.00
2 KD602(39:55252) Attachment:BLADES 1,270.75 2,541.50
KD,KD602 60°Dozer Blade
i 2 HB580.,(39.55400) Attachment:BROOM 3,519.00 7,038.00
HB,HB580 Power Broom
2 70.8025 Accessory:Kit,12V Actuator,HBIKXNC 212.50 425.00
2 70.4104 Accessory'.IZVOLT SWITCHICONTROL-FRONT 211.65 423.30
Kit;12V From 4500
1 MR740(39.55130) Attachment:MOWERS-REEL 7I io07.50_ 11,007.50
MR,MR740 Real Mower
1 23.0111-7 Kit,Spool Float Hyd.Valve 74:38 74.38
2 KW452(70.2014) Accessory:CAB 5,091.50 10,183.00
Cab,KW452 for 4500
2 70:2006.4 Accessory:Kit, Mirror 102.00 204.00
2 70:8161 Accessory:Kit,Cab Strobe Light 242.25 484.50
2 70.8148 Accessory:Kit,Cab Windshield Washer 165.75 331.50
2 70.2006.6 Accessory:Kit,Defrost Fan 165.75 331.50
2 70.2014-53 Accessory:Kit,KW452 Hestr Install 450OZ 718.25 1,436.50
1 MU720t39.55114) Attachment:MU,MUM Mower RD 3;395:75 3,395.75
1 70.8163 Accessory:Kit,Hydraulic Flip Up 361.25 361.25
Subtotal 76.997.68
DISCOUNTS
Trade In Value -16,000.00
CHARGES
Freight +2,412.00
Setup Charges +1,600.00
TOTAL USD $ 65,009.68
Notes:
NJPA Member#35520
NJPA oontract#062117-VPI
`t
Pricing Quote
Date Quoted: January 25, 2018
Quote Expires: February 24, 2018
Prepared For: Pre ared B :
Brad.Fite .. C&M GOLF AND GROUNDS-COLORADO
City df Aspen :; ` 6395 E 56TH AVE
COMMERCE CITY, CO 80022
Thank you for the opportunity to quote the following Ventrac product(s) for your review. I have added the
items that we feel would best serve your needs. Please feel free to contact me with any questions.
QTY Model # Description NJPA Total
1 1450OZ(39.51208) IVentrac Tractor: KN,45002 Kubota WG972-GL I 19.380.001 19,380.00
1 KW452(70.2014) Accessory:CAB 5,091.50 5,091.50
Cab,KW452 for 4500
1 70.8148 Accessory: Kit,Cab Windshield Washer 165.75 165.75
1 70.2006-6 Accessory: Kit.Defrost Fan 165.75 165.75
1 70.2014-53 Accessory: Kit,KW452 Heatr Install 450OZ 718.25 718.25
1 HB580(39.55400) Attachment: BROOM 3,519.00 3,519.00
HB.HB580 Power Broom
1 70.8025 Accessory:Kit, 12V Actuator,HBIKXILX 212.50 212.50
1 70.4104 Accessory: 12-VOLT SWITCH/CONTROL-FRONT 211.65 211.65
Kit, 12V Front 4500
1 KD602(39.55252) Attachment:BLADES I 1,270.75 1,270.75
KD.KD602 60"Dozer Blade
1 170.4130 Kit,WG972 Comp.4300-8900 FT I 34.851 34.85
1 170.4102 (Accessory: Kit, Engine Heater 4500 Kubota 1 80.751 80.75
Subtotal 30,850.75
DISCOUNTS
Trade In Value -2,100.00
CHARGES
Freight(3%) +862.52
Setup Charges +800.00
TOTAL USD $ 30,413.27
Notes:
NJPA Member#35520
NJPA contract#062117-VPI -