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
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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