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HomeMy WebLinkAbout1998-150 Equip Purchase - Webfoot CITY OF ASHLAND CONTRACT FOR PURCHASE OF BID EQUIPMENT Contract made this 5th day of November , 1998, between the City of Ashland ("City") and Webfoot Truck & Equipment ("Contractor"). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Invitation to Bid issued by City entitled "INVITATION TO BID" for a 10', ,5-7 YARD DUMP TRUCK BED, Bid No. 113-98 , Contractor was awarded the bid as the lowest responsible bidder on November 5, 1998. In the event of any inconsistencies in the terms of this con- tract, the contract documents defined in the invitation to bid and Contractor's bid, this contract shall take precedence over the contract documents which shall take precedence over the bid. 2. Scope: Contractor shall produce and deliver the equipment described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations or modifications to the contract documents are incorporated into this contract: See exceptions on attached letter from Webfoot Truck & Equipment &at~d~.-15-9 8. 3. Price and Payment: City shall pay Contractor the sum of $ 7,350.00 for the equipment. CONTRACTOR CITY OF ASHLAND BY Its PAGE 7-CONTRACT (p:rfp~bidS.k) [REV. 2/93] REVIEW.5~S_.~) CONTENT: BY Date Coding (for city use only) REVI~D~S TO F~RM: BY City ArtorDer_ Date CITY OF ASHLAND City Hall 20 E. Main Street Ashland, Oregon 97520 SPECIAL PROVISIONS These special provisions are part of the contract documents for purchase of 10', $-7 YARD DUMP TRUCK BED . The following special provisions modify and supplement the City's general conditions for this purchase. These special provisions supersede contrary general conditions. 1. Definitions: The following definitions supplement and take precedence over definitions in the general conditions: 1.1. "Contract Documents" shall mean the general conditions, these special provisions, the specifications (including samples), exhibits that are incorporated in other contract documents by reference, Bidder's bid, and the written agreement signed by City and Bidder. 1.2. "Goods" and "Equipment" are synonymous and shall mean the equipment specified in Bidder's bid, including all parts, components and accessories necessary for complete operating units as stated in the specifications. 2. Use of Equipment: The equipment will be used by City as a dump truck bed for the dump truck chassis and other purposes for which the equipment is designed. 3. Delivery: The equipment shall be delivered to the City of Ashland Service Center, 90 N. Mountain Ave., Ashland, OR 97520, no later than 120 days after the written agreement is signed. The bid price will be F.O.B. delivered. Shipment with any reservation is prohibited. Any risk of loss prior to delivery and acceptan,re of the equipment shall be borne by Bidder. 3.1. The delivered equipment will be examined for conformance to specifications before acceptance can be made. The successful bidder will assume all responsibility for the equipment prior to acceptance by the City. 4. Lic~uidated Damages for Late Delivery: 4.1. Any delay in delivery of the equipment beyond the date specified in section 3 will cause inconvenience and material expense to City. It is essential that the equipment be delivered to City on or ~ ~",~_--- before the date specified. It is and will'be impractical and difficult to ascertain the actual damage City sustains by reason of delay. Bidder will pay to City, not as a ~.-~,v...x..¥ ~,~,-,- penalty, but as liquidated damages, for each calendar day of delay beyond the PAGE 8-SPECIAL PROVISIONS (,:,,~6.s,0 [,EV.~3] delivery date, the sum of $100. City may deduct liquidated damages from the contract price. ~-~~ 4.2. City, at City's sole discretion, may grant Bidder an extension of time for delivery of the equipment if the delay is caused by occurrences beyond Bidder's control. An extension will not be granted for shortage or inadequacy of labor, equipment or materials; negligence or fault of Bidder, Bidder's suppliers or subcontractors; or other deficiencies within the province of Bidder's control or responsibility. 5. Contract Price: The contract price shall be the "lump sum" purchase price payable to Bidder for the equipment, as stated in the bid. The contract price shall cover all costs incurred by Bidder in providing the equipment including, but not limited to, the cost all components and accessories, shipping, and insurance. 6. Payment: Payment of the contract price, less any liquidated damages, shall be made by City within thirty days after the equipment is delivered and accepted. 7. City Purchasing Representative: Notwithstanding section 2 of the invitation to bid, all correspondence pertaining to the specifications shall be directed to the City of Ashland Purchasing Representative or his designee, and, after the written agreement is signed, the Purchasing Representative , or designee, shall administer the contract for City. 8. Warranties: 8.1. Bidder warrants that equipment when delivered will be in good working order and will perform in accordance with the manufacturer's published specifications and City's specifications. In the event of any discrepancy between City's specifications and the manufacturer's specifications, City's specifications shall take precedence. 8.2. The equipment also shall be subject to the warranties provided by ORS 72.3120, 72.3130, 72.3140 and 72.3150, and any waiver of such warranties in the manufacturer's written warranty shall be void. 8.3. If the equipment continually fails to operate as warranted, City may require Bidder to provide substitute equipment or pursue other remedies that are available. 9. Delivery: The equipment shall be delivered to the City no later than 120 days after the contract is signed unless the City agrees to a later date. If a bidder will not be able to deliver the equipment by the date specified in this section, the bidder may submit an alternative with the bid. If the City determines that the delivery date proposed by the bidder will cause inconvenience or hardship to the City, the bid may be rejected as nonresponsive. PAGE 9-SPECIAL PROVISIONS (p:~p~b~.sp~ [REV. 2/93] 10. Manuals: Bidder shall provide City with two copies of all manuals, electrical and mechanical schematics and part lists that are necessary for effective operation and maintenance of the equipment. These shall include, but are not limited to: lubrication charts, wiring diagrams, and manuals for parts, service and operation. Parts manuals must list original part manufacturer's numbers. If parts have been re-numbered by the equipment manufacturer, a cross-index to the original part manufacturer's numbers must be furnished. NO EXCEPTIONS. PAGE 10-SPECIAL PROVISIONS (,:rfp,~id6..,o [REV. 2/93] 3450 Crater Lake Avenue Phone 541-773-8223 Fax 541-734-2570 P.O. Box 1547 · Medford. Oregon 97501-0241 /,~ -/5'- G'P , · {_.,, - 1 .a. ¥ - 7"'4',~c...~','~,e,"