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Home My WebLink About4.527 Original Contract -<I. 5:l. '7 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this 5th day of July, 2006, between the City of Port Angeles (hereinafter called the "Purchaser") and Braun Northwest Inc. (hereinafter called the "Contractor", "Vendor", or "Bidder"). WITNESSETH: That the Purchaser and the Contractor, in consideration of the performance of the terms and conditions hereinafter mentioned, agree as follows: ARTICLE I CONTRACT DOCUMENTS The complete contract includes the Invitation to Bid, the Instructions to Bidders, the Bid, the Specifications, the Standard Terms and Conditions, the Purchase Order Requisition, and the Purchase Contract. The foregoing documents shall hereinafter be called "Contract Documents" or "Contract". All obligations of the Purchaser and the Contractor are fully set forth and described herein. In the event of a discrepancy between any of the Contract Documents, as above defined, the Purchaser shall give a written interpretation thereof, which interpretation shall govern. ARTICLE II CONTRACT COST The Contractor agrees to sell and deliver to the Purchaser, at the delivery point specified in the Instructions to Bidders, and the Purchaser agrees to purchase and receive from Contractor the equipment as described and set forth in the Contract Documents and the provisions of the Contractor's bid attached and made a part hereof. ARTICLE III ASSIGNMENT The Contractor shall not assign any of its responsibility under this Contract without the express written consent of the Purchaser. ARTICLE IV APPLICABLE LAW AND VENUE This Contract shall be governed by, and construed in accordance with, the applicable laws of the State of Washington. Any legal proceedings to determine the rights and obligations of the parties hereunder shall be brought and heard in Clallam County Superior Court. ARTICLE V NONDISCRIMINATION During the performance of this Contract, the parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: 1. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. 2. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring an employment practices and assuring the service of all patrons and customers without, discrimination with respect to the above-stated minority status. ARTICLE VI TERMINATION OF CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor or the Contractor's subcontractors, the Purchaser may serve written notice of intention to terminate such Contract upon the Contractor, which notice shall specify the reasons therefore. Unless within thirty (30) days after serving such notice upon the Contractor such violation shall cease and an arrangement for the correction thereof satisfactory to the Purchaser be made, the Contract shall, upon the expiration of the said thirty (30) days, cease and terminate. In the event of any such termination, the Purchaser may purchase the materials necessary for complete performance of this Contract for the account and at the expense of the Contractor, and the Contractor shall be liable to the Purchaser for any excess cost thereby. ARTICLE VII SEVERABILITY If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Contract are declared severable. ... ~ I ... ARTICLE VIII WAIVER Waiver of any breach of any term or condition of this Contract shall not be deemed a waiver of any prior or subsequent breach, no term or condition of this Contract shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. BRAUN NORTHWEST INC. BY:~ Title. 6~ pt~'-0~ Dated: 7- .31...o~ CITY OF PORT ANGELES By: ry~ t. 711~ Dated: 7 (2) fr; ( ATTEST: -k1~~~ ATTEST: &~a~~ City Clerk ' ~p7:ved as to fo,~ 41 A~ -L-> II City Attorney e .' -<I. 5~ 7 Braun Northwest Inc. 150 North Star Dr. . PO Box 1204 . Chehalis, W A 98532 360-748-0195 · 800-245-6303 . Fax 360-748-0256 www.braunnorthwest.com BID PROPOSAL JUNE 15,2006 CITY OF PORT ANGELES CITY CLERK'S OFFICE ATTN: KEITH BOGUES, TRAINING OFFICER 321 EAST 5TH PORT ANGELES, W A 98362 RE: BID ON AMBULANCE. BID OPENING JUNE 23. 2006 BRAUN NORTHWEST IS PLEASED TO OFFER THE FOLLOWING PROPOSAL: ONE (1) 2006 NORTH STAR 167-3 ON A 2006 FORD E450 CHASSIS PER ENCLOSED SPECIFICATIONS DATED 6-15-2006, AND DRAWINGS DATED 6-15-2006. TOTAL F.O.B. PORT ANGELES, WASIDNGTON .............................................. $122.335.00 Sales tax not included . BID OPENING: JUNE 23, 2006 AT 2:30 PM . F.O.B.: PORT ANGELES, W ASIDNGTON DELIVERY: APPROXIMATELY TWO HUNDRED FORTY (240) DAYS. TERMS: NINETY PERCENT (90%) PAYMENT DUE UPON RECEIPT OF VEIDCLE. BALANCE DUE IN THIRTY (30) DAYS. Braun Northwest, Inc IS a Washington dealer (0991-A) with insurance informatIOn aVailable upon request. (Note. This bId shall remain open to additional purchases by this or other agencies for a period of three (3) years, with periodic cost adjustments based on actual manufacturer's price increases) (Note: ThIs bId IS contmgent on use of customer's Government Ford Fleet IdentificatIOn Number) We agree to accept the above proposal: ( CITY OF PORT ANGELES k j. ~~ ~t:"l<>~ IAAt(J"t.... f. MA\)~'€'N 6'7Il1.ANA.t",,(Et!C Printed Name Title Date: & -IS CJ (p KJ/sed cc BL Enclosures: options, clarificatIOns, qualifications, specs, drawings, bid packet, references, and supportmg documents . . . OPTIONS FOR City of Port Angeles Port Angeles, Washington Please indicate if you want the following options by initialing in the space to the left, then sign where indicated below. After completion, please return this original form to our office along with the original proposal. Thank you! Ll. 2. L3. Add S-'8 CORT "TEN" suction unit. ADD.............................................................................. .$865 .00 Perno 59T stair chair: . KWIK Klip restraints . EZ Glide headrest . IV pole . Locking rear handles . Oxy-Clip oxygen bottle holder ADD .......................................................................... ..$3,550.00 MATRX nitrous oxide system #91120508 ADD.......................................................................... ..$2,200.00 4. None ofthe above. (NOTE: THIS PRICING DOES NOT INCLUDE SALES TAX) APPROVED BY: (Please mllwl above choice (s) & sign below) 7~ .J~ ~ 'firL~'~~ ( . gnature) 6/15/2006 1t.{A-tt!c t3. t/J... A 0 ~ (Printed Name) C-~~~ (itle) CITY COUNCIL MEETING July 5, 2006 FINANCE: (Cont'd) Aquatic Center Consultant Agreement (Cont'd) Break Consultant Selection for CSO Project DeSIgn, Project 06-01 Amendment to Parametrix Engineering ServIces Agreement Shane Park Bollards EqUlpmentPurchase - New Ambulance '4. 5c:l7 Deputy Mayor Williams moved to grant the City Manager one-time authority to sign a consultant agreement with Larkin Aquatics, Inc., of Kansas City, MO, in the amount not to exceed $20,000 for professional services associated with developing an aquatic center concept design and opinion of costs. Councilmember Headrick seconded the motion, which carried by a majority vote with Councilmember Braun voting in opposition. Mayor Rogers recessed the meetIng for a break at 7 :00 p.rn. The meeting reconvened at 7:16 p.m. 2 Consultant Selection for CSO PrOject Design, Project 06-01 Director Cutler mtroduced Project Manager Terri Partch, who used PowerPomt slides to update the CouncIl on the Combmed Sewer Overflow (CSO) Project m order to proceed to a consultant's agreement. Ms Partch prOVIded a CSO program overvieW, a summary of CIty actIOns taken, a reVieW of Phase I projects, a map reflecting the locatIOns of the improvements, and the consultant selectIOn process where Brown & Caldwell was determmed to be the most qualIfied. She also summanzed the costs for redeSIgn, as well as construction costs. DIscussIOn ensued WIth regard to where the City will be in 2015 m terms of CSO' s, and the types of grants and loans for whIch the CIty will be submitting applIcations. It was noted that the UtilIty AdVISOry Committee had met and recommended approval of Brown & Caldwell. Councilmember Braun moved to authorize the Mayor to sign a professional consultant agreement with Brown and Caldwell of Seattle, W A, for predesign of the first three of the CSO projects for an amount not to exceed $340,000. The motion was seconded by Councilmember Munro and carried unanimously. 3. Amendment to Parametrlx Engmeering Services Agreement Director Cutler summarized the amendment for additional engineering assistance for construction management of the Landfill Bluff Stabilization Project, somethmg that was conSIdered earlIer by the UtilIty Advisory Connmttee and recommended for approval. Councilmember Munro moved to approve and authorize the Mayor to sign Amendment No. 1 to the agreement with Parametrix in the amount of $231,270 which includes $50,000 to be used for directed services. Deputy Mayor Williams seconded the motion which, after clanfication proVIded by staff, carried unanimously. 4. Shane Park Bollards: Director Cutler revIewed the need for bollards to protect Shane Park from vandalIsm as endorsed by the Parks Facilities CommIttee. Councilmember Munro moved to authorize the Public Works & Utilities Director to construct the bollard system to protect Shane Park and allocate $21,000 from the un allocated portion of the 2006/2007 Government Fund Reserves. The motion was seconded by Councilmember Headrick and carried unanimously. Brief dIscussion ensued, and the CouncIl agreed It would be helpful to have updated information as to the funds remaming in the unallocated portIon of the 2006/2007 Government Fund Reserves 5. EqUipment Purchase - New Ambulance Fire ChIef McKeen revIewed the bid received for a new ambulance; the bId amount was slightly under the City's estimate and available reserves. Following bnef discussion, Councilmember Braun moved to authorize the City Manager to sign a contract and purchase order with Braun Northwest, Inc., of Chehalis, W A, for a new ambulance and associated equipment in the amount of $135,933.60, including sales tax. Councilmember Munro seconded the motion, which carried unanimously. - 4-