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HomeMy WebLinkAboutItem 08 Purchase of a John Deere Tractor with a Diamond Boom Mower and Rear Flail Mower AGENDA ITEM SUMMARY Meeting Date: 3/20/2017 Meeting Type: Regular Meeting Staff Contact/Dept.: Gregory Ferschweiler Brian Conlon/ DPW Staff Phone No: 541-726-3613 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 A JOHN DEERE TRACTOR WITH A DIAMOND BOOM MOWER AND REAR FLAIL MOWER. ACTION REQUESTED: Approve or Reject a motion to award the purchase of a John Deere Tractor with attached Diamond Boom Mower and Diamond Rear Flail Mower to Deere & Company for $149,868. ISSUE STATEMENT: The Development and Public Works Department seeks Council approval to purchase a John Deere Tractor with attached Diamond Boom Mower and Diamond Rear Flail Mower. ATTACHMENTS: 1. Deere & Company Purchase Agreement DISCUSSION/ FINANCIAL IMPACT: The Development Public Works Department has received a formal quote from Pape Machinery Inc., Salem, OR, for the purchase of a John Deere 6110M tractor with a Diamond boom mower and rear flail mower. Pape Machinery is an authorized dealer for John Deere. John Deere is primary seller; Diamond is the builder/installer of the mower units. This is the same mower configuration ODOT uses on many of its highways. The quote was generated using the State of Oregon Price Agreement, Contract #1443, an approved purchasing method for the City. This mower will be used extensively to mow tall grass and brush reducing fire hazards along City Rights-Of-Way, ditches, canals and open spaces. Staff researched alternatives and found this combination of mower and attachments met all of their requirements as well as being the most cost effective. This new mower is needed to replace the existing 1999 New Holland TV140 Mower. The TV140 is experiencing significant costly repairs over the last several years. This model is no longer in production and parts are difficult to find. Pape Machinery Inc. offered $12,000 on trade-in which we declined and expect to auction for approximately $20,000. Two boom mowing configurations, mechanical and hydraulic actuator were evaluated. The Diamond hydraulic actuator boom mower is favored by ODOT and has had very little issues. Both configurations attach efficiently to the John Deere chassis. A 5 year extended warranty was included in the quote to extend the one year warranty to five years covering any unexpected significant costs. John Deere & Company listed the tractor and mower units separately. John Deere 6110M $79,912 Diamond Allied Cradle Boom Mower $57,189 Diamond Allied Rear Flail Mower $ 9,589 John Deere Power guard Protection Plan $ 3,178 Equipment total $149,868 Staff requests the Council to authorize the City Manager to sign the Purchase Agreement with Deere & Company in the amount of $149,868. CITY OF SPRINGFIELD PURCHASE AGREEMENT Contract #3708 Dated: March 20, 2017 Parties: City of Springfield “CITY” A Municipal Corporation of the State of Oregon 225 5th Street Springfield, OR 97477 and Deere & Company “Seller” Additional Seller Information: a) Type of Entity: Sole Proprietorship Partnership Limited Liability Comp Corporation b) Address: 2000 John Deere Run Cary, NC 27513 c) Telephone: 541-302-9199 d) Fax No: 541-302-9599 City Account Number(s) To Be Charged (Include Percentages): Account Number Percentage 713-73442-741046 100% 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 97477 (1) New John Deere 6110M Tractor, affixed with (1) Diamond Allied Rear Cradle Boom Mower, (1) Diamond Allied DRF 102C flail mower and extended warranty for 60 Months/2000 hours as described in Attachment 1 quote dated February 17, 2017 attached hereto and incorporated herein by this reference on or before August 30, 2017. Total cost will not exceed $149,868.24. 2. Payment by CITY. CITY will pay invoice on Net 30 day terms upon City acceptance of work, services performed or goods delivered. 3. Invoice. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to ap@springfield-or.gov. The invoice must reference this contract #1838 and approval code #731. 4. Warranty. Seller shall warrant John Deere 6110M Cab Tractor, Diamond Mowers Rear Cradle Boom Mower and Flail as described in Attachment 2 attached hereto and incorporated herein by this reference on. 5. Sourcing. State of Oregon Price Agreement Contract #1443. Effective May 4, 2011 – December 31, 2019. C1838 Deere & Company Page 1 of 17DRAFT AIS ATTACHMENT 1, Page 1 of 17 6. First Point of Contact. SELLER: Pape Machinery, Inc. (Authorized John Deere dealer) Kirk Gilman, kgilman@papemachinery.com, 503-581-5033 CITY: Greg Ferschweiler, gferschweiler@springfield-or.gov, 541-726-3613 7. Work Performed. The work to be performed by Seller includes services generally performed by Seller in his/her/its usual line of business. 8. 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. 9. 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 Seller 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 10 shall not negate Seller’s obligations in this paragraph. 10. Insurance. a. General Insurance. The Seller 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. 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 Seller or the fault of the Seller’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. Seller understands that CITY is a public entity subject to the requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims Act, Seller agrees that the limits regarding liability insurance set forth in this Section 10 will be modified to conform to such limits. Independent contractor and CITY shall sign an amendment to this Agreement incorporating such modification. C1838 Deere & Company Page 2 of 17DRAFT AIS ATTACHMENT 1, Page 2 of 17 b. Workers’ Compensation. Independent Contractor shall provide and maintain workers’ compensation coverage with limits not less than $500,000 for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws as defined in ORS 656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written statement signed by Independent Contractor so stating the reason for exemption shall be provided to the City. c. 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. d. 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 Seller shall provide written notice to the City contract manager within two days after the Seller becomes aware that their coverage has been canceled or has been materially changed. The Seller 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 Sellers insurance coverage to cease or be modified, it is the Seller’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) e. Equipment and Material. The Seller shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. f. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager. 11. Access to Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Seller which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 12. 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. 13. 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. 14. Nondiscrimination. Seller shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 15. 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. 16. 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 C1838 Deere & Company Page 3 of 17DRAFT AIS ATTACHMENT 1, Page 3 of 17 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. 17. 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. 18. 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. 19. 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. 20. 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 may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 21. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement. 22. 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: C1838 Deere & Company Page 4 of 17DRAFT AIS ATTACHMENT 1, Page 4 of 17 ATTACHMENT 1 C1838 Deere & Company Page 5 of 17DRAFT AIS ATTACHMENT 1, Page 5 of 17 ATTACHMENT 1 C1838 Deere & Company Page 6 of 17DRAFT AIS ATTACHMENT 1, Page 6 of 17 ATTACHMENT 1 C1838 Deere & Company Page 7 of 17DRAFT AIS ATTACHMENT 1, Page 7 of 17 ATTACHMENT 1 C1838 Deere & Company Page 8 of 17DRAFT AIS ATTACHMENT 1, Page 8 of 17 ATTACHMENT 1 C1838 Deere & Company Page 9 of 17DRAFT AIS ATTACHMENT 1, Page 9 of 17 ATTACHMENT 1 C1838 Deere & Company Page 10 of 17DRAFT AIS ATTACHMENT 1, Page 10 of 17 ATTACHMENT 1 C1838 Deere & Company Page 11 of 17DRAFT AIS ATTACHMENT 1, Page 11 of 17 ATTACHMENT 2 C1838 Deere & Company Page 12 of 17DRAFT AIS ATTACHMENT 1, Page 12 of 17 ATTACHMENT 2 C1838 Deere & Company Page 13 of 17DRAFT AIS ATTACHMENT 1, Page 13 of 17 ATTACHMENT 2 C1838 Deere & Company Page 14 of 17DRAFT AIS ATTACHMENT 1, Page 14 of 17 ATTACHMENT 2 C1838 Deere & Company Page 15 of 17DRAFT AIS ATTACHMENT 1, Page 15 of 17 ATTACHMENT 2 C1838 Deere & Company Page 16 of 17DRAFT AIS ATTACHMENT 1, Page 16 of 17 ATTACHMENT 2 C1838 Deere & Company Page 17 of 17DRAFT AIS ATTACHMENT 1, Page 17 of 17