Loading...
HomeMy WebLinkAbout2008-022 Contract - Titan Sales Group TITAN Sales Group PORTLAND - SEAnLE October 10, 2007 City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 Attn: Michael Morrison Subject: Schwarze A 7000 Street Sweeper Dear Mike, Weare please to offer the City of Ashland the opportunity to "piggy-back" to our recent successful bid to Lane County for the following: One (1) Schwarze A 7000 Regenerative Air Street with all standard equipment plus the following: . 115 HP Turbo Auxiliary Engine . Dual Gutter Brooms . In-Cab Gutter Broom Tilt Control . Resume Sweep System . Hydraulic Filter Restriction Indicator . 4" Hopper Drain . 8" Wander Hose - Spring Assist Boom . Hopper Deluge . 350-Gallon Additional Water Tank . Water System Air Purge . Water Level Gauge in Cab . (4) Additional Spray Nozzles in Hopper . High-Pressure Wash Down System ~ ... Additional Sweeper Manual ~ Auto Lube System for Sweeper . Remote Grease Fittings - Fan . 2008 GMC T7500 Tier III Chassis . Exhaust Brake . Deleo-Remy 24-SI Alternator . Heated Remote Moto Mirrors . Mud Flaps - Front and Rear . LED Taillights . Bendix AD-9 Air Dryer Your Source for Quality Municipal Equipment, Parts & Accessories. 2420 NE Columbia Blvd · Portland OR 97211 . 503.28'1.2547 · http://titansalesgroup.com . Air System Charge Port . (2) Air Ride Seats . Air Filter Restriction Indicator - Chassis Engine . Block Heater - Chassis Engine . Spare Engine Filter Set . Spare Accessory Drive Belt Set . Spare Gutter Broom Set - L & R Price, per Bid, F.G.B. Ashland, OR $156,811.00 Delivery: Within 180 days after receipt of order. If you have questions or need further information, please contact me at (503) 962-9882. Thank you for the opportunity to be of service. Best regards, Titan Sales Group ~G~ Shane Gutridge Equipment Sales CITY OF ASHLAND CONTRACT FOR PURCHASE OF EQUIPMENT Street Sweeper Contract made this 1st day of February, 2008, between the City of Ashland ("City") and Titan Sales Group ("Contractor"). Recitals This contract is made as a result of an Invitation to Bid issued by Lane County Oregon, entitled "INVITATION TO BID" for a Reaenerative Air Street Sweeper, (hereinafter equipment) [Lane County Contract No. FY 07/08-FS-03], and the City of Ashland's authorized use of such competitive bidding process pursuant to AMC 2.50.070(J)(1). Contractor was awarded the bid as the lowest responsible Contractor by Lane County on October 31,2007. The City of Ashland City Council approved use of the Lane County competitive bid on January 15, 2008, subject to execution of contract for purchase. NOW THEREFORE, The City and Contractor agree: 1. Recitations. The above recitations are true and correct and are incorporated herein by this reference. 2. Contract Documents: The contract documents are defined in the invitation to bid and Council Communication dated January 15, 2008, including but not limited to 1. Contract, 2. Specifications; 3. General Conditions; 3. Invitation to bid; 4 The Bid; 5,. October 10, 2007 correspondence between Shane Gutridge, Titan Sales Group and Mike Morrison, City of Ashland, all such documents being specifically incorporated herein by this reference. In the event of any inconsistencies in the terms of this contract, the contract documents and Contractor's bid, this contract shall take precedence over the contract documents which shall take precedence over the bid. 3. Scope: Contractor shall produce and deliver the equipment described in the contract documents within the time prescribed, and more specifically in the October 10, 2007 correspondence between Shane Gutridge, Titan Sales Group and Mike Morrison, City of Ashland. 4. Price and Payment: City shall pay Contractor the sum of $ 156.811.00 for the equipment. c~ BY / Signature S'T~A12-T R. S~t 11+- Printf'..{ame Title: G~',- MGe Fed ID # ~~ - O~ f>7q a..c CITY OF ASHLAND BY ~...t. r Lee TU~ Finance Director 71y;/o)'- !h--- BY D artment Head Date Z-/ /3 /o~ P.O. # 08061 ~ 1 GENERAL CONDITIONS FOR PURCHASE OF EQUIPMENT GC1. Contract Documents: The contract documents are complementary. A requirement in one of the contract documents is as binding as though occurring in all. In the event of any inconsistency in the terms of the contract documents the following order of precedence shall govern unless otherwise stated: 1. Specifications; 2. These general conditions; 3. The invitation to bid; 4 The bid. The apparent silence of the contract documents as to any detail shall be regarded as meaning that only the best practice is to prevail and that only equipment of first quality are to be provided by Contractor. GC2. New Equipment: All equipment shall be new unless otherwise specified in the special provisions or specifications. GC3. Payment: Payment shall be made by City within thirty days after City has inspected the equipment or has had a reasonable opportunity to do so. City may reserve payment until all equipment are received. GC4. Risk of Loss: Contractor shall have the risk of loss until the equipment has been delivered FOB to City's facility and is approved after inspection by City. GC5. Inspection: Equipment furnished under this contract shall be subject to inspection and testing by City at times and places determined by City. If City determines that the equipment is not in compliance with the specifications, City may reject the equipment and require Contractor to either cure defects or make an equitable price reduction. If Contractor refuses to cure defects within a time deemed reasonable by City, City may cancel the contract or enforce City's remedies for default. Nothing in this provision shall impair City's rights to enforce warranties, revoke acceptance of the equipment or enforce any other remedies under ORS Chapter 72. GC6. Safety and Health Requirements: Equipment shall comply with all federal Occupational Health and Safety (OSHA) requirements and with all Oregon safety and health statutes and administrative rules including, but not limited to, those of the Workers' Compensation Department. All "Material Safety Data Sheets" for hazardous chemicals that are subject to ORS 654.750 and OAR Chapter 435, Division 155 shall be submitted to City before the chemicals are delivered. GC7. Taxes: City generally is not subject to taxation. Contractor shall be responsible for paying all taxes on the sale of the equipment, except fuel taxes included in the bid price. 1. GC8. Compliance with Law: This agreement will be governed by and construed in accordance with laws of the State of Oregon. Each party agrees that it will perform its obligations hereunder in accordance with all applicable state, federal and local laws, rules and regulations now, or hereafter in effect. Contractor shall comply with applicable provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. ORS 279B.220, 279B.225, 279B.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. Contractor is a "subject employer" as defined in ORS 656.005. Contractor shall comply with all applicable workers' compensation laws including, but not limited to, ORS 656.017. Contractor shall comply with all applicable provisions of STANDARD CONTRACT PROVISIONS set forth in Exhibit A of AMC 2.50. and specifically incorporated into this contract. Any more restrictive provisions of this contract, or the scope of work control over standard conditions. GC9. Patented Equipment: Contractor shall defend, indemnify and hold City harmless from any claims for infringement of patent arising out of City's use of the equipment. GC10. Severability: If any provision of the contract documents shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the contract documents. The contract documents shall be construed as if such invalid or unenforceable provision had never been included. 2 GC11. No Waiver: No provision of the contract documents shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived its rights. Any waiver of a breach by any party, whether expressed or implied, shall not constitute waiver of any other different or subsequent breach. GC12. Successors: The successors, assigns and legal representatives of Contractor and City shall be subject to all provisions of the contact documents. Contractor shall not assign Contractor's rights or obligations under this agreement without prior written consent of City. GC13. Indemnification: Contractor shall defend, indemnify and save City, its agents, and employees harmless from any and all losses, claims, actions, costs, or other damages resulting from injury to any person or damage to property, of whatsoever nature arising out of or incident to the performance of this agreement by Contractor or defects in the equipment. Contractor shall not be held responsible for any losses, claims, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. GC14. Notices: Any notice required to be given under this contract, or any notice required to be given by law, shall be in writing and shall be given by personal delivery or by registered or certified mail, to Contractor at the address stated in the bid form or to City at the address of the Purchasing Representative stated in the invitation to bid. GC15. Entire Aqreement: The contract documents are the entire, final and complete agreement of the parties and supersede all prior and existing written or oral understandings except as otherwise continued in effect by the terms of the contract documents. No modification of the contract documents shall be valid unless in writing and signed by the parties. GC16. Acceptance of Specifications: Contractors must satisfy themselves by personal examination of the specifications and by such other means as they prefer, as to the actual conditions and requirements of the specifications and shall not at any time, after submission of the bid, dispute, complaint, or assert that there was any misunderstanding in regard to the nature, quality or description of the item to be supplied. Contractor must submit with its bid a statement accepting each and every specification or accepting each and every specification not otherwise excepted under paragraph GC17. GC17. Exceptions: The Contractor may take exception to any standard of these specifications. The prospective Contractor who cannot meet each and every requirement of the specifications need not be considered unqualified to submit a bid. By taking exceptions and clearly stating them, in writing, on a separate sheet of paper headed "EXCEPTIONS", and by offering alternatives to replace excepted requirements, a Contractor may still compete in the process. 3 SPECIAL PROVISIONS FOR PURCHASE OF EQUIPMENT These special provisions are part of the contract documents for the purchase of a SCHWARZE A7000 STREET SWEEPER. 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, Contractor's bid, and the written agreement signed by City and Contractor. 1.2. "Goods" and "Equipment" are synonymous and shall mean the equipment specified in Contractor'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 vehicle used for street maintenance and other purposes for which the equipment is designed. 3. Deliverv: Unless the equipment is a passenger vehicle (see below), the equipment shall be delivered to the City of Ashland Service Center, 90 N. Mountain Ave., Ashland, OR 97520, no later than 180 days. The bid price will be F.O.B. delivered. Shipment with any reservation is prohibited. Any risk of loss prior to delivery and acceptance of the equipment shall be borne by Contractor. If the vehicle is a passenger vehicle, however, the vehicle shall be delivered at the Contractors place of business in Oregon no later than 180 days. The bid price for a passenger vehicle will be F.O.B. delivered at that location. 3.1. The delivered equipment will be examined for conformance to specifications before acceptance can be made. The successful Contractor will assume all responsibility for the equipment prior to acceptance by the City. 3.2. Unless the equipment is a passenger vehicle, a competent delivery engineer shall accompany the vehicle at the time of delivery. The delivery engineer shall be an employee of the vehicle manufacturer or an accredited delivery service. 4. liquidated DamaQes for Late Deliverv: 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. Contractor will pay to City, not as a penalty, but as liquidated damages, for each calendar day of delay beyond the 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 Contractor an extension of time for delivery of the equipment if the delay is caused by occurrences beyond Contractor's control. An extension will not be granted for shortage or inadequacy of labor, equipment or materials; negligence or fault of Contractor, Contractor's suppliers or subcontractors; or other deficiencies within the province of Contractor's control or responsibility. 5. Contract Price: The contract price shall be the "lump sum" purchase price payable to Contractor for the equipment, as stated in the bid. The contract price shall cover all costs incurred by Contractor in providing the equipment including, but not limited to, the cost all components and accessories, shipping, and insurance. 4 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 Purchasino Representative: Notwithstanding he invitation to bid, all correspondence pertaining to the specifications shall be directed to the City of Ashland Purchasing Representative or designee, and, after the written agreement is signed, the Purchasino Representative , or designee, shall administer the contract for City. 8. Warranties: 8.1. Contractor 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 Contractor to provide substitute equipment or pursue other remedies that are available. 9. Delivery: The equipment shall be delivered to the City no later than 180 days unless the City agrees to a later date. If a Contractor will not be able to deliver the equipment by the date specified in this section, the Contractor may submit an alternative with the bid. If the City determines that the delivery date proposed by the Contractor will cause inconvenience or hardship to the City, the bid may be rejected as nonresponsive. 10. Manuals: For all equipment purchased for the City, the Contractor shall provide the 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 5 rA1 ..'.-"" r..;.'.......C.O-D ER ; j Y (11: H. Page 1 / 1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND. OR 97520 (541) 488-5300 DATE 1/16/2008 PO NUMBER 08061 VENDOR: 012980 TITAN SALES GROUP 2420 NE COLUMBIA BLVD PORTLAND, OR 97211 SHIP TO: Ashland Fleet Maintenance (541) 488-5358 90 N MOUNTAIN ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Mike Morrison Jr. Confirming? No Quantity Unit Descriotion UnitPrice Ext. Price 1.00 Each Schwarze A7000 ReQenerative Air 156,811.00 156.811.00 Street Sweeper Approved by City Council 01/15/2008 SUBTOTAL 156811.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 156,811.00 ASHLAND, OR 97520 AC\,:ounta~umber Project Number AmOunt AQcClunt Number Project NUmber Amo.unt E 730.08. 1 0.00.70300( 1 56 81 1 .00 ~-;(~. ~~.. Authzed Signature ~ VENDOR COPY CITY OF ASHLAND REQUISITION FORM Date of Request: 1/07/2008 THIS REQUEST IS A: o Change Order(existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name Titan Sales Group 2420 NE Columbia Blvd. Portland Or. 97211 Tel: (503) 962-9882 Fax: (503) 281-2551 Shane Guthridge c:z ~ ~~? .~6,;2 "?t38;:z. SOLICITATION PROCESS Small Procurement o Sole Source 0 Invitation to Bid o Less than $5,000 o Written findings attached (Copies on file) o Quotes (Not required) Cooperative Procurement 0 Reauest for Proposal o State of OR/WA contract (Copies on file) Intermediate Procurement 181 Other government agency contract 0 Special I Exempt o (3) Written Quotes 181 Copy of contract attached 0 Written findings attached (Copies attached) 0 Emeraencv 0 Contract # ~ Written findings attached Description of SERVICES o Per attached PROPOSAL $ Item # Quantity Unit Description of MATERIALS Unit Price Schwarze A7000 Regenerative Air, Street Sweeper $ 156,811.00 Total Cost Ea. $156,811.00 o Per attached QUOTE ~'~ Project Number _ _ _ _ _ _ - _ __ $l.'f Account Number 730.08.10.00.703000 . Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be :rovijJd upon req~est.. ~ d . Employee Signature: ~#./~~ Supervisor/Dept. Head Signature: '." ~ I G: Finance\ProcedureIAP\Forms\08 Street Sweeper.doc Updated on: 1/7/2r