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HomeMy WebLinkAboutresolution.council.061-18 RESOLUTION #061 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ALTEC INDUSTRIES INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted io the City Council a contract for one boom truck, between the City of Aspen and Altec Industries, Inc, 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 one boom truck, between the City of Aspen and Altec Industries, Inc, 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 9th day of April 2018. 1 Steven Skadron, ayor 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, April 9th, 2018. C Linda Manning, City C rk F the PLOP Mien CITY OF ASPEN STANDARD FORM OF AGREEMENT Mmueft 11111ce SUPPLY PROCUREMENT City of Aspen Project No.: 2018-045. AGREEMENT made as of 9th day of April,in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Fleet 130 South Galena Street Total: $245,000.011 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 Altec Industries, Inc. until it has been approved by the City Luke Marshek Council of the City of Aspen. 641 Telluride St City Council Approval: Aurora Co,80011 303-416-0193 I Date:April 9, 2018 Resolution No..--ad -Z08 Summary Description of Items to be Purchased: One(1)Effer 5054S knuckle boom and truck chassis Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. v 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 1080 Power Plant Rd Aspen Co,81611) [netivair A&rml 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 outat length herein. 4. Warranties. Manufacturer's warranty applies. 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 I 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. TIris;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. Y 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. l 11. Certification RegardingDebarment. Suspension. Ineligibility. and Voluntaiv 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 Wiling, 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. i 15. City Council Aparoval.• 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. i 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. I 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. 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 ori 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 fust 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: Attest: By: MGA Aspen City anagen Ymda Manning,City CI k T - ro - i � Date SUPPLIER: i Altec Industries,Inc. By: Title Date Opportunity the dee OuetaDml Nmnberi AIbc trdusbim,lnC FLIPA C Ndract M 031014-ALT Quoted for.cirri OF ASPEN 'custaner Contact LUKE MARSFO:K Phone: /Far. /Emaih j Quoted by:BILL EDWARDS Phone: /Fez:!Ernst]: AKee Account 505 608 s aero Par NJPA Spedflatlons plus Options below 0. NJPA OPTIONS ON CONTRACT(UnItl 1 2 3 4 MIA NJPA opnoNs ON co CT(Gernuall 1 2 3 4 5 B 7 8 HJPA OPTIONS TOTAL: $274.238 B. MARKET ITEMS trA sterner . 1 UNI - EFFER 50545 IN LIEU OF EFFER 605413 10 2 UNI 6 HYDRAULIC ACC 3 BODY 4 BODY 6 CHASSIS ACC 6 ELECTRICAL 6 FINISHING 7 CHASSIS 8 OTHER TRADE IN FOR 2001 TEREX BT3083 .520000 OPEN MARKET OPTIONS TOTAL• 456,55 SUBMITILL FOR UNITMODY/CHAS818: #N,000 Dolbary to Customer. $1000 TOTAL FOR UNITATODYICHAS818: 45 000 C.) ADDnTQNAlnrFMS am not included toted stem 1 z 31 1 41 1 ^Prldng valid for 45 days' NOTES PAINT COLOR: White to match tluesls,unless oftndse speed WARRANTY:Standard Alteo Womanly-One(1)Year.pans wan"One(1)year labor qty NInety(80)days wan"for Iraval crar0a+(Mobile Service)Lhdtad One(1)Year Structural Warranty.Chassis to baiuda standard wenemy,par fire manufacturer.(Parts only werrerdy on maunmd equipment for a mamas c samara) TO ORDER: To order.planes Contact the Akec hskle Sales Representallm listed above. $;Par ABec Commerdal Standard DELIVERY: Nc letw0ren�deys ARO,ma Cusromer ,Le05U0f1 TERMS: Net 30 days . BEST VALUE: Altar boasts the fdlowirgl'Best Value'feakrme:Albs ISO Grip Controls far Exba Pmtectlon,Only LXetlnre Warranty on Structural Components In Industry.Largest Sella Nabwvrk in Industry(Domestic and Oversees),Altos SENTRY WeWCD Based Training.Dedkabd/Dtrxt Govt Sales Manager.InSeMca Tmining with Every Order.' TRAD I};Equotnaw t trades must be recebad in operational condeon(as InBbl In an)and DOT cgmp0ent at the time of pick-up.Fallum to car"whh these mgdnemerde,may msu0 in asbmer bill-back rapabs. _ BUILD LOCATION: NJPA I Quote Number. 385698-3 a Astec,Inc March 8,2018 Our 89th Year Shia To: Bili To: CITY OF ASPEN CITY OF ASPEN 130 S GALENA 130 S GALENA ASPEN,CO 81611-0000 ASPEN, CO 61611-0000 US United States Attn: Phone: Email: Altec Quotation Number. 385698-3 Account Manager. Lucas J Marshek Technical Sales Rep: William Edwards 12111 Description gpt Price Ya 1. Effer 505 Knuckle Boom Crane 1 2. Four Boom Sections(Effer 505) 1 EFFERO MODEL 505l4S ARTICULATING CRANE: -315,9001t/Ibs.rating for the four section crane. -Four(4)section crane with capacity of 7,340 lbs.(4140'6'horizontal,see load chart for details. -Danfoss,proportional compensated,four section multi-function controlbank,mounted on the column. -Self-supported single stage extensions cylinders with sequence valves,end stroke shock absorbers,and HSS(High Speed System),regenerating valve. -FPI Multistep device with automatic activation. -Effer DMU 3000+overload safety device to comply with the regulations with Effer stability system ESS,and ball4oint adaptors for stabilizers cylinders. -Scanreco radio remote control system with digital display and with additional battery and charger. -Continuous and unrestricted rotation by ring gear and reduction motor. -Exclusive EfL(Effer Twin Links)double link-rod system.With 15'EXTRA LIFT system device -Fabricated,welded crane base pedestal. -Radio controlled hydraulic out and hydraulic down wide spread crane based stabilizers with hydraulic swing up device,with minimum of 3080 spread,and ball joint adaptors. -Supplementary stabilizers, required for proper stability, mounted behind the rear tandem axles. -Thermostatically controlled oil cooler,mounted in the crane space. -52 gallon oil reservoir,mounted on the crane. -Holding valves directly flanged to cylinder barrels. -11.5 Ton Load hook. We Wish To Thank You For Giving Us The Pleasure And Oppe�ty of Serotrg You Page 1 of 6. UTILITY EQUIPMENT MID BODIES SINCE 1929 Quote Number. 385698-3 cR • Alter,Inc I i Milt I Description Price -ANSI safety decals, USA toad charts. -Crane supplied with variable displacement control bank. -Painted with two stage paint,safety yellow. -Crane shall be designed according to UNI EN 12999 HCI St regulations Unit 8 Hydraulic Acc. 3. Subbase 1 4. FM-22 Hydraulic Oil(Standard). 1 5. Standard Pump For PTO 1 I 6. Hot shift PTO for automatic transmission I 7. Standard Altec PTO/Machine Functionality: PTO won't engage until parking brake is 1 set -Once parking(holding)brake is set, PTO and machine functions are enabled. -If parking(holding)brake is disengaged,both PTO and machine functions are disabled. @3dY I 8. No Body Supplier Preference 1 9. Steel Body I 10. PlatfomrlFiatbed"AII steel extra heavy-duty flatbed body 192"long x W wide. 1 -Full length all steel subtrame fabricated from 3"x 8"x steel tubing.V tr cross-members every 48"approximately. May require a subframe riser under the Crane to allow for proper road clearance while the crane based stabilizer legs are protruding downwards. -The flatted longitudinals shall be omitted in lieu if the crane subframe above. -Four Inch tall cross-members every twelve(12)inches,butt welded to the side of the subfrome.45'gussets where each cross-member meets the subframe. •3/16"tread plate steel deck welded to cross members. •AII steel 48"high headboard. "3"tell rub rail on both sides of body Six(6)stake pockets each side and three rear stake pockets. -Four heavy duty tie-down winches,evenly spaced,and welded under the curbside of the flatbed.One binder winch bar. -Four heavy duty 3/4"diameter fie-down hooks,evenly spaced and welded under the street side of the flatbed. •AII body parts are welded into one integral unit. 11. Finish Paint Flatbed Custom Color(Piovtde Color And Code)Black 1 12 192"Estimated Flatbed Length(Engineering To Determine Final Length) 1 13. 3/16"Treadplate Floor 1 M Wah To Thank You For GNtrg Us The Pleasure And opportunity of Serving You Page 1 of 6 UTILITY EQUIPMENT AND BODIES SINCE 1929 (� Quote Number. 386698-3 Atm Altec,Inc Jtem Descrintion Price 14. 98"Body Width 1 Body and Chassis Accessories 16. ICC(Underside Protection)Bumper Installed At Rear 1 16. Custom Towing Device Holland PH-300 Pintie Hook, 72,000 Itis,installed on 12"steel 1 Ply 17. Set Of 6-Rings for Trailer Safety Chain, installed one each side of towing device mount. 1 I 18. Glad Hands At Rear, Swing Away Type 1 19. Mud Flaps With Altec Logo(Pair) 1 20. Wheel Chocks, Rubber,9.75"L x 7.75"W x 5.00"H,with 4"L Metal Hairpin Style 1 Handle(Pair) 21. Wheel Chock Holders(Pair), For installation Under Reflood Or Dump Body 1 22. Additional Underbody Storage Box 1 Two 24"high x 40"long all aluminum underbody 2 tool boxes both with drop down doors, and heavy duty chains stays for horizontal position j 23. Triangular Reflector ICt, Installed 1 24. 5 LB Fire Extinguisher With Light Duty Bracket,Installed(In Cab or Inside Compartment 1 Only) 25. Vinyl manual pouch for storage of all operator and parts manuals 1 u Electrical Accessories 26. Lights and reflectors in accordance with FMVSS#108 lighting package.(Complete LED, 1 including LED reverse lights) Z7, Dual Tone Back-Up With Outrigger Motion Alarm 1 C 28. PTO Hour Meter, Digital,with 10,000 Hour Display 1 29. 7-Way Trailer Receptacle(Pin Type)Installed At Rear 1 30. Electric Trailer Brake Controller(Kelsey Hayes#81741) 1 31. Altec Modular Panel System(AMPS)-Includes Mounting Panel and Accessory 1 Switches i 32. Power Distribution Module(Includes Operators Manual),Shipped Loose 1 Installation I I 33. Provide Original Published PDFs Of The Operator and Maintenance Manuals For Each 1 SerielSpecific Effer Crane Unit In A Digital Format To Altec We Wish To Thank You For GMV Us The Pleasure Aral Opportunity of SerAV You Page 3 of 6 UnUTY EQUIPMENT AND BODIES SINCE 1928 i 1 ®-' Quote Number. 386698-3 , Akec,Inc. i DC ' I )SBQL Dasedotion ft EdQ§ I Finfshina Details 34. Finish Paint Body Accessories Custom Color(Specify Color Code)Black 1 i 35. Akeo Standard;Components mounted below frame rail shall be coated black by Altec. 1 i.e.step bumpers,steps,frame extension,pinue hook mount,dock bumper mounts, D-rings, receiver tubes,accessory mounts, light brackets,under-ride protection, etc.Components mounted to under side of body shall be coated black by Altec.i.e. Wheel chock holders,mud flap brackets,pad carders,boxes,lighting brackets,steps, and ladders. 36. Apply Nonskid Coating to all walking surfaces 1 37. English Safety And Instructional Decals 1 38. Vehicle Height Placard-Installed In Cab 1 39. Stability test unit according to ANSI requirements. 1 40. Focus Factory Build 1 41. Delivery Of Completed Unit 1 42. Final Assembly 1 Chassis 43. Chassis 1 44. Altec Supplied Chassis 1 i 45. 2018 Model Year 1 46. Freightliner M2-112 1 47. 80 Tandem Axle 1 48. Other Clear Cab To Axle Length. 1 49. Regular Cab 1 5o. Chassis Cab 1 51. Other Chassis Wheelbase Length . 1 52. Detrol Diesel 13 1 63. 435 HP Engine Rating 1 54. Allison 4000 RDS Automatic Transmission 1 65. GV WR 60,000 LBS 1 56. 20,000 LBS Front GAWR 1 We Wish To Thank You For Giving lite The Pleasure And Opporhmxy of Saving You Page 4 of 6 UTILITY EQUIPMENT AND BODIES SINCE 1928 i ( Quote.Number. 385698-3 Alteq Inc. Deacrindon — fly Prlce 57. 40,000 LBS Rear GAWR 1 58. Air Brakes - 1 59. Park Brake In Rear Wheels 1 61). Other Exhaust. 1 61. Freightliner-ClearArea Around Allison PTO Openings(362-1Y0)and(363-011) 1 62. Freightliner PTO Throttle Wiring for Automatic Transmission(163-004) (148-074) 1 (87L-003) 63. Frelghtliner/Alllson Body Builder Connection(34C-001) 1 64. No Prewire Chassis 1 65. No Idle Engine Shut-Down Required 1 66. SO-State Emissions 1 67. Clean Idle Certification 1 68. 204215 Freightliner 50 Gallon Fuel Tank(Left Hand Under Cab) 1 69. 23U-001,43X-002 Freightliner 6 Gallon DEF Tank(Under Cab Left Hand) 1 70. Chassis Without Front Frame Extensions 1 71. Battery Under Cab Left Hand 1 72 No Air Hom 1 73. AM/FM Radio 1 Additional Pricing 74. One(1)year parts warranty,one(1)year labor warranty,ninety(90)days warranty for 1 travel charges,three(3)year structural warranty Unit I Body I Chassis Total FET Total . Total Altec InduBtrles,Inc. BY We Wish To Thank You For Ghdng Us The Pleasure And Opportunity of Serving You Page 5 of 6. UTILITY EQUIPMENT AND BODIES SINCE 1929 Quote Number. 386688-3 ro a Altec,Inc. William Edwards Notes: I I i i I i We Wish To Thank You For GG"Us The Plasm And Opportunity of Serving You Page 6 of 6 UTILITY EQUIPMENT AND BODIES SINCE 1929 i i m L $ Z HC a„§ I 1 7 ��1 � E• m - N n m N 5 C4ii� O 1 - �j}yayaglgaa3p3p l�!� m m C � v m o0 NmLU a LU 3 U. 6 i