HomeMy WebLinkAboutItem 07 Purchase of an Asphalt Patching Machine AGENDA ITEM SUMMARY Meeting Date: 11/5/2012
Meeting Type:Regular Meeting
Staff Contact/Dept.: Brian Conlon/PW
Staff Phone No: 541-726-3617
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve
Infrastructure and Facilities
ITEM TITLE: PURCHASE OF AN ASPHALT PATCHING MACHINE
ACTION
REQUESTED:
Approve or Reject a motion to award the purchase of an Asphalt Patching Machine
to Northwest Manufacturing & Distribution, Inc. in the amount of $101,414.42
ISSUE
STATEMENT:
The Development and Public Works Department seeks Council approval to
purchase an Asphalt Patching Machine. The adopted FY13 budget includes
sufficient funds for replacement.
ATTACHMENTS: 1. Proposed contract
DISCUSSION/
FINANCIAL
IMPACT:
The Development and Public Works Department has completed a formal bid
process. One bid was received and opened in the Finance Department on October
10, 2012. No protests were received in reference to this bid process. The bid meets
all specifications with the exception of the hopper capacity, which can hold the
specified amount but the manufacturer specifies a ¼ cubic yard smaller as this is the
maximum amount that can be carried and still comply with Federal bridge weight
standards. Development and Public Works staff feels this will not hinder our
production.
This unit replaces a 1992 Thermolay asphalt patching machine that over the last
few years, due to aging, has not maintained consistent heat temperatures when
performing asphalt work activities (i.e., pothole repair, skin patching, base repairs).
This asphalt patching machine will be mounted by Northwest Manufacturing &
Distribution, Inc., onto a 2008 GMC Cab/Chassis that was recently purchased
through a competitive bidding process with the assistance of the Finance
Department.
Staff recommends award of the contract to Northwest Manufacturing &
Distribution, Inc. in the amount of $101,414.42. Sufficient funds are budgeted in
the Fund account 713-62231-723001.
CITY OF SPRINGFIELD
PURCHASE AGREEMENT
Contract #862
Dated: November 6, 2012
Parties: City of Springfield CITY
A municipal corporation of the State of Oregon
and
Northwest Manufacturing & Distribution, Inc. Seller
Additional Contractor Information:
a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation
b) Address: 2050 Main Street Billings, MT 59105
c) Telephone: 406.259.9525
d) Fax No. : 406.245.7222
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Personal Property to be Delivered. Seller shall deliver FOB Springfield, OR Thermo-lay
Asphalt Patching Machine with all three options described in Attachment 1 Bid date September
17, 2012 attached hereto and incorporated herein by this reference. Equipment to be delivered at
no additional cost within 65 days of City owned cab and chassis delivery to Seller. Cost of the
Asphalt Patching Machine will not exceed $101,414.42.
2. Payment by CITY. CITY will pay invoice on Net 30 day terms after inspection and acceptance.
Invoice(s) to be sent to: Marcy Parker, City of Springfield- DPW Operations, 201 South 18th
Street, Springfield, OR 97477. PH: 541.726.2197.
3. Warranty. Seller shall warrant Thermo-lay Asphalt Patching Machine as described in Attachment
1 including, but not limited to, those warranties described in Attachment 1.
4. Sourcing. Seller was the lowest responsible bid to City ITB#819 Asphalt Patching Machine
5. First Point of Contact:
Seller: Walter King, President. PH 406.259.9528, nmd@thermo-lay.com
City: Marcy Parker, Maintenance Supervisor, Springfield Development and Public Works
Operations Division, 201 South 18th Street, Springfield, OR 97477, PH: 541-726-3613
mparker@springfield-or.gov.
6. Work Performed. The work to be performed by Seller includes services generally performed by
Seller in his/her/its usual line of business.
7. Tax duties and Liabilities. Seller shall be responsible for all federal, state and local taxes, if
any, applicable to any payments received pursuant to this Agreement, including but not limited to
income tax, payroll tax, social security and self-employment tax. CITY shall not withhold, pay, or
in any other manner be responsible for payment of any taxes on behalf of Seller.
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8. Indemnification and Hold Harmless. Seller shall defend, indemnify and hold harmless City
from and against all liability or loss and against all claims or actions based upon or arising out of
damage or injury to persons or property caused by or sustained in connection with the
performance of this Contract by Contractor except, pursuant to ORS 30.140, for losses, claims, or
actions resulting from the sole negligence of City.
The Seller shall assume all responsibilities for the work, and bear all losses and damages directly
or indirectly resulting to the Seller, the City, or to others on account of the character or
performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The
Seller shall assume defense of, indemnify and save harmless the City, its officials, agents, and
employees from all claims, liability, loss, damage and injury of every kind, nature and description,
directly or indirectly resulting from activities in the performance of the Contract, the ownership,
maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations,
or conduct of the Seller or any Subcontractor under the Contract or any way arising out of the
Contract, irrespective of whether any act, omission or conduct of the City connected with the
Contract is a condition or contributory cause of the claim, liability loss, damage or injury and
irrespective or whether act, omission, or conduct of the Seller or Subcontractor is merely a
condition rather than a cause of a claim, liability, loss damage or injury. The Seller shall not be
liable for nor be required to defend or indemnify, the City relative to claims for damage or
damages resulting solely from acts or omissions of the City, its officials, agents or employees.
The absence of or inadequacy of the liability insurance required in section 9 shall not negate
Seller’s obligations in this paragraph.
9. Insurance.
9.1 General Insurance. The Independent Contractor shall maintain in force for the duration of this
agreement a Commercial General Liability insurance policy written on an occurrence basis with limits
not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for bodily injury or property
damage. The policy will contain a “per project” aggregate endorsement. Automobile Liability (owned,
non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be
maintained. The City, its employees, officials and agents will be named as an Additional Insured
where operations are being conducted related to this contract, on the General Liability policy as
respects to work or services performed under this agreement to the extent that the death or bodily
injury to persons or damage to property arises out of the fault of the Independent Contractor or the
fault of the Independent Contractor’s agents, representatives or subcontractors. This insurance will be
primary over any insurance the City may carry on its own. If the City requires Professional Liability
coverage, the City’s Risk Manager must approve the terms, conditions and limits.
9.2 Worker’s Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage for its employees, officers, agents, or partners, as required by applicable
workers’ compensation laws. If contractor is exempt from coverage, a written statement signed by
Contractor so stating the reason for exemption shall be provided to the City.
9.3 Evidence of Insurance Coverage. Evidence of the required insurance coverages issued
by an insurance company satisfactory to the City shall be provided to the City by way of a City
approved certificate of insurance before any work or services commence.
9.4 Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall
contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not provide
this 30 day notice, the Contractor shall provide written notice to the City contract manager within
2 days after the Contractor becomes aware that their coverage has been canceled or has been
materially changed. The Contractor shall either fax 541-726-3782 said notice or email it directly
to Bob Duey (rduey@springfield-or.gov), Finance Director at the City. Regardless of what
circumstances caused Contractors insurance coverage to cease or be modified, it is the
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contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide
notice of cancellation or modification shall be grounds for immediate termination of this
contract.________(Contractor initials)
9.5 Subcontractors. The Independent Contractor shall require all subcontractors to provide and
maintain general liability, auto liability, professional liability (as applicable), and workers’
compensation insurance with coverage’s equivalent to those required of the general contractor in this
contract. The Independent Contractor shall require certificates of insurance from all subcontractors as
evidence of coverage.
9.6 Exception or Waivers. Any exception or waiver of these requirements shall be subject to
review and approval from the City’s Risk Manager.
10. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver
or relinquishment by CITY of the right to such performance in the future nor of the right to enforce
any other provision of this Agreement.
11. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever, without prior written approval of CITY. No
modification of this Agreement shall bind either party unless reduced to writing and subscribed by
both parties, or ordered by a Court.
12. Nondiscrimination. Seller shall comply with all applicable requirements of Federal and State
civil rights and rehabilitation statutes, rules and regulations.
13. Termination. The performance of work under this Agreement may be terminated by CITY, in
whole or in part, whenever for any reason CITY shall determine that such termination is in the
best interest of CITY. Any such termination shall be effected by delivery to the Seller of a Notice
of Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Seller of a
Notice of Termination under this paragraph, the Seller and CITY shall, by agreement, make an
appropriate written modification to this Agreement governing completion of portions of the Seller’s
work and payment therefore by CITY.
14. Assignment/Subcontract. Seller shall not assign, sell, transfer, subcontract or sublet rights, or
delegate responsibilities under this agreement, in whole or in part, without the prior written
approval of CITY. No such written approval shall relieve Seller of any obligations of this
Agreement, and any transferee or subcontractor shall be considered the agent of Seller. Seller
shall remain liable as between the original parties to this Agreement as if no such assignment had
occurred.
15. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure
to the benefit of the parties to this Agreement and their respective successors and assigns.
16. Compliance With All Government Regulations. Seller shall comply with all Federal, State and
local laws, codes, regulations and ordinances applicable to the work performed under this
Agreement. Failure to comply with such requirements shall constitute a breach of contract and
shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Seller.
17. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Seller shall pay such additional sums as the Court may adjudge
reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
18. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default
caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY
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may terminate this Agreement upon written notice after determining such delay or default will
unreasonably prevent successful performance of the Agreement.
19. Remedies. This Agreement shall be governed by and construed in accordance
with the Laws of the State of Oregon, and any litigation arising out of this agreement shall be
conducted in the Courts of the State of Oregon, County of Lane.
20. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire
Agreement and supersedes all prior and contemporaneous oral or written communications
between the parties, their agents and representatives. There are no representations, promises,
terms, conditions or obligations other than those contained herein.
CITY OF SPRINGFIELD: SELLER
By: By:
Name Name:
Title: Title:
Date: Date:
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