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Home My WebLink About4.416 Original Contract CONTRACT DOCUMENTS for Caterpillar Inc. D7RIID CONTRACT NO. 22.02.13 CITY OF PORT ANGELES WASHINGTON January 20, 2003 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES KEN RIDOUT, DEPUTY DIRECTOR OF OPERATIONS A- Rn Glenn A. Cutler Director of Public Works & Utilities PW-409 01 [09/18/02J <t. </ J lJJ INSTRUCTIONS FOR BIDDERS Equipment Bids BID SUBMITTAL: Bids shall be directed to the Director of Public Works & Utilities, and mailed to PO Box 1150, or delivered to 321 East Fifth Street, Port Angeles, Washington 98362. It is the Intent of the attached specifications to describe the minimum requirements for the equipment requested in sufficient detail to secure bids on comparable equipment. All parts for body or chassis which are necessary In order to provide a complete unit, meeting all safety requirements, and ready for operation, shall be included in the bid and shall conform in strength, quality of workmanship and material to that which is usually provided the trade in general. Any variance from the specifications or standards of quality must be clearly pqinted out In writing by the bidder. Do not make reference to brochures or supporting literature on the bid sheet. All notations for bid compliance or exceptions are to be made on the bid sheet or on a plain piece of paper attached and referenced to the bid item. If a bidder's corporate policy mandates use of an official quotation form, it may be submitted. However, the cost data must be duplicated on the City's bid cost data and agreement sheet. The City's bid sheet must be signed by the bidder or its agent in order for the proposal to be accepted. All bids must be made on the required bid form and In cases of errors in the extension of prices In the bid, the unit prices will govern. All blank spaces for bid prices must be filled in, with ink or typewritten, and the bid form must be fully completed and executed when submitted. Only one copy of the bid form IS required. COMPLIANCE WITH SPECIFICATIONS: The equipment must be in accordance with the specifications. Any variation proposed by the successful bidder must be approved in writing by the City prior to the change. Such variations, regardless of whether there IS any adjustment in the contract amount, must be confirmed by a fully-signe.d change order. Failure to follow this procedure can result in nonacceptance of the equipment by the City. Failure on the Contractor's part to comply with any specification herein, once the bid is accepted by the PW-409 _05 [Rev 09/18/02] City, WIll be grounds for disqualification of the bid and termination of the contract. All items called for in the specifications, including but not limited to the equipment constructed as shown, and the necessary manuals, must be complied with before the final payment can be processed. WARRANTY: Six (6) month. 100% parts and labor. The successful bidder shall warranty all work performed under thIS contract for a period of SIX (6) months from the date of delivery. In addition to the six (6) month 100% parts and labor a 4 year or 5,000 hours which ever comes first 100% parts and labor shall be provided for the power train as delineated in the N.C. Machinery Value Assurance Agreement with Addendum Vendor agrees to these warranty provisions by signing the bid proposal. MANUALS and SCHEMATICS: Vendor will provide two sets of manuals and schematics for the following: Service repair Parts Operator manual Wiring Lubrication Factory built sheets Engine and hydraulic manual SAFETY: ThiS unit shall completely comply With all State and Federal laws, rules, regulations and codes in effect at the time of delivery. DELIVERY, RETURN & ACCEPTANCE: The successful bidder shall be responsible for delivery to the Landfill In Port Angeles, Washington, between the hours of 8:00 AM and 3:30 PM during the City's normal work day. Delivery shall be made within the time period speCified on the bid. At the end of the term of the lease/purchase agreement the equipment shall be pickup at no additional cost at the Landfill in Port Angeles, Washington, between the hours of 8:00 AM and 3:30 PM during the City's normal work day. Equipment must be in accordance with the specifications. Any variation proposed by the successful bidder must be approved by the City prior to the change. Such variations, regardless of whether there is any adjustment in the contract amount, must be confirmed by a fully-signed change order. Failure to follow this procedure can result In nonacceptance of the unit by the City. All items called for in the specification, including but not limited to the unit constructed as shown, and the necessary manuals, must be complied with before the final invoice can be processed. GENERAL INFORMATION: The City of Port Angeles reserves the right to consider delivery time and may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder will be permitted to withdraw its proposal between the closing time for receipt of proposals and the execution of contract, unless the award is delayed for a period exceeding sixty (60) calendar days. The City of Port Angeles may, at its option, in awarding this purchase contract, take into consideration the revenue it would receive from purchasing the equipment from a supplier located within its boundaries, in accordance with RCW 39.30.040. Offers made in accordance with the Invitation to Bid shall be good and firm for the period specified In the bid unless the bidder specifically limits its offer to a shorter period by written notification on the bid document. However, bids so modified may be declared nonresponsive. Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this invitation, shall not be diSCriminated against PW-409_05 [Rev. 09/18/02J on the grounds of sex, race, color, age, national ongin or handicap in consideration of an award of any contract or subcontract, and shall be actively solicited for participation in this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such notification. Further, all bidders are directed to solicit and consider minority and women owned businesses as potential subcontractors and matenal suppliers for thiS project. Signing of the bid sheet by Contractor and subsequent acceptance by the City of the lowest responsible bid will constitute a binding agreement between the City and Contractor. Contractor understands and agrees that no contract payment will be made until the City certifies that all stated specifications have been complied with and the equipment IS delivered and accepted by the City. Bids will be evaluated and submitted to the City Council for approval as soon as possible after bid opening. All bidders will be notified of results in writing. Upon award of the contract to the successful bidder, the City will send the Contractor duplicate, complete sets of Contract Documents, which will include the City's Purchase Order Requisition. The Purchase Order Requisition will include the final agreed upon price and the specific equipment and options being purchased. The Contractor will then sign the duplicate sets of Contract Documents and return them for signing by the City. Each party will retain a fully executed set of the Contract Documents. The Invitation to Bid is released by the City of Port Angeles Public Works and Utilities Department, which shall act as sole point of contact for administration of the bidding. Questions should be directed to Tom McCabe, Solid Waste Superintendent, (360) 417-4872; or Ken Ridout, Deputy Director of Operations, (360) 417-4802. City of Port Angeles Caterpillar Inc. D7RIID BID SUBMITTAL SHEET (BID SUMMARY and SIGNATURES) QUANTITY DESCRIPTION UNIT PRICE EACH TOTAL PRICE 1 Caterpillar Inc. D7RIID $378,217.00 $378,217.00 Trade In- Caterpillar 5BF0475 Model D7H ($45,000) ($45,000) Washinaton State Sales Tax at 8.2% Pavable with lease Pavable with lease TOTAL $333,217.00 $333,217.00 Delivery time after receipt of order (calendar days) 84 Terms of payment: Annual payment in advance upon delivery as determined by Caterpillar Financial Services Corporation -lona-Term Rental Aareement The undersigned hereby accepts the terms and conditions as set forth herein. This bid submittal sheet must be signed and dated by the bidder or a representative legally authorized to bind the bidder. FULL LEGAL NAME OF BIDDER NC MACHINERY CO. TYPE OF BUSINESS: xm CorporatIon 0 Partnership (general) 0 Partnership (limited) o Sole Proprietorship 0 Limited Liability Company ADDRESS 73 ECLIPSE INDUSTRIAL PARKWAY CITY/STATE/ZIP PORT ANGELES, WA. PHONE 360-452-9222 NAME (PLEASE PRI~ DON LIN~. SIGNED (U~ t:-:- 98362-9403 FAX 360-457-1510 TITLE EXECUTIVE VP1GEN. MGR. DATE MARCH 13, 2003 PW 409.08A [rev. 6/21] BID OR QUOTE SPECIFICATIONS Caterpillar Inc. D7RIID GENERAL DESCRIPTION OF EQUIPMENT BEING BID: One (1) Caterpillar Inc. D7RII D as noted in the N.C. Machinery Company letter dated December 5, 2002 #W1 RXS0002 (attached) with the standard Caterpillar six (6) month full warranty for 100% parts and labor (attached) and the N.C. Machinery Co. Value Assurance Agreement with Addendum (attached). PW-409_08B [rev 09/18/02] tB N C MACHINERY CO. I 73 Eclipse IndustriaJ Parkway Pt Angeles. W A 98362-9403 360452-9222 CITY OF PORT ANGELES 9996026 17TH & B ST PO BOX 1150 PORT ANGELES W A 98362-0217 ~'ERPlUAR 12/5/02 #WIRXS0002 STANDARD MACHINE (1) CATERPILLAR INC. D7R II D Guards. hinged bottom with front Alternator. 70 AMP brushless Hydraulic. load sensrng. two-valve Advanced Modular Coolmg System (AMOCS) Fmal drives. 3 planet double reduction diagnostlc functions UNDERCARRIAGE Canopy. ROPSIFOPS urnt rnjection) and 24 Annrest, aJdustable End track guiding guards Differential steering (DS) WIth twist cooler ELECTRICAL Hood. solid Mirror, reaTVIew Water separator Radiator doors. louvered.. hinged POWERTRAIN Slartlfig receptacle OPERATORE~ONMffiNT Seat belt. retractable 3" (76MM) Controlled throttle shifting system for bulldozer control S 0 S. sampling ports Decelerator hller control and hydraulic 011 ElectrOlllc Momtonng System (EMS) Shlftmg auto kickdown (aUlo downsluft) OTHER STANDARD EQUIPMENT SllIftmg.auto sluft(2F/2R. 2F/lR. IF/2R) Slartmg md ether plClnetary to\Hng devIce TransmIssIOn. powersJlIft (3 speed) hydraulIC 011. fuel lank. powertram Muffler Fuel prinllng pump Hour meter Fingertip control steering (FTC) \\'ith control deactivation Precleaner with stratta tube Track adjuster. hydraulic Alarm. backup Torque divider Ecology drains (engine oil, coolant, Electronic air cleaner service indicator dust ejector of: Coolant extended life Idlers, lifetIme lubricated Converter, 12 V, 10 AMP with 2 power Fan, blower case) odometer, gear indicator and OIl and fuel gauge, tachometer. Steering with touch shift and choice Battenes. 2 maintenance free 12V Track rollers, bfetime lubricated 3176C diesel EUI (electronic Controls. hydraulic pLlot controls with Seat. vmyJ suspension volt eJectnc startrng WIth coolant temperature. power tram outlets Vandalism protectIon (8 caplocks) Prescreener (24 V system) Ham. forward warnmg Radio ready. 12V tL MACHINE SPECIFICATIONS -L- rho "h",. n"",pn Pnc." ... ",,~.o..n c"'n~p ""'''n,,' M"O>, .Ra 111. I'"'' '" c,j~" ,,[ [I.allll'll ^'-"~It, UP III ~""I. _ b~~ c rhe "ho\,e I)umed Pnces do nOllnclude stale and 10c..J taxes IfiJppl1cable ; \II ,,,ders In purchuse or lease ha,ed on tlus Quotation ,hall be subJ~ct to ""Cepl"nce hv " r Machmery ~o .nd all sales I)r leases shall be made "n JOu '.uhlect In', r ~Iachlnery Co , Standard Terms CoodltlOns and \V"rrnnll~s "n N C Machloery Cn 5 commerCial forms '\CB, N ~ MACHINERY CO. 73 Eclipse IndustriaJ Parkway Pt Angeles, W A 98362-9403 J60~52-9222 Machine ID: SeriaJ: SMU: Description D7R DS II TRACTOR WASTE HANDLlNG ARRANGEMENT CAB,ROPS PACK, DOMESTIC TRUCK 7U BULLDOZER, BASIC 7U BLADE, LANDFILL CYlINDER MOUNTING LIFT CYLINDERS + LINES, RH LIFT CYLINDERS + LINES, LH 7 RIPPER, MUL TI-SHANK RIPPER TOOTII, MULTI-SHANK. HYDRAULICS, RIPPER STRIKER BARS, RIPPER STRIKER BARS, FRONT CONVERTER., 24 VOLT TO 12 VOLT GUARD. FUEL TANK GUARD, LIGHT GUARD, FINAL DRIVE, CLAMSHELL ENCLOSURE,ENGlNE GUARD,CRJUfKCASE HEATER, ENG COOLANT 120 VOLT AIR CONDmONER., ROPS MOUNTED SEAT, AIR SUSPENSION LIGIIT,DOIv1EIWlPER, lNTERMITTENT GUIDE/GUARD, TRACK, REA vY DUTY RADIATOR., AMOCS,WASTE HANDLING FAN, FLEXXAIRE PRECLEANER,TURBINE EMA TRACK, 22" ES (40 SEC) TRAP lID ~TERPILLAR Ref. No. 1625793 1929951 1598368 OP021O 2127416 4Z0548 6Y5694 1296768 1296769 1644717 911641 1662159 2106031 2048935 1677630 1952590 2132203 1908433 1638822 1616318 1890751 1643713 1607178 2130929 2036527 1944129 1946841 ] 929999 OP5203 SHIPPING AND PACKING ]252219 TOTAL PRICE BEFORE TRADE-IN $378,217 TRADE-lNS Make CATERPILLAR INC Serial Number 5btM?5 Model D7lI Trade Value 45,000 TOTAL PRICE LESS TRADE USD $333,217 QUOTE GRAND TOTAL LESS TAX. USD $333,217 WARRANTY 6 MONTH FULL MACHINE WARRANTY Th" 1~<>' 'it (<''U?t'''''~ qj;;1r~ 'r'"' .."h),...t t.... "'b"'~87 n....~~....nt ~<;'tf~ql ~A~ tAw J'Flilll 1Ft atknt at ..U! tln.s Jf 8511,6.... ..Ill ..:.......1) The o..I.bove f)uoled Pnces do not Include st.a1.e and local taxes. Lf appltcabh: -'.11 nrder.; \0 purehl\SC or lease based on tlus QuotatIon ,hall be 'Ub)ecllo acceptance by N C Machlnerv Co and all sales or leases shall be made "n dnu ,ublecl [Q N C Machmerv ell s Slandard Terms ('ondlllons and lVarrantles em N C Machinery Co's commerclal/onns \)o.\<:-...~... ~___ ~N ~ MACHINERY CO. 73 Eclipse Industrial Parkwa~- Pi Angeles, W A 98362-9403 360.....52-9222 ~'ERPllLAR [EXTENDED WARRANTY ] ~ .YEAR OR 5000 HOUR EXTENDED POWER TRAIN WARRANTY. SEE FURNISHED DOCUMENT. ITEM # 1. JUST BELOW 6 MONTH FULL MACHINE W ARRANTY.DOES t NOTi APPL Y. ~ 'I -now_b,. .:)1s"L.<lP,,___.,,__bl_cll._I~..~- .IL..... 1._. ..Jij. r' ..., H. 1.A.I..I.......ld.I....1 ...Il~ppl} ~-\ec.l ~ The ..bove Quoted Pnces Jo nOllnclude slale and locall'lXe5 If applicable ~ ,",II orders 10 purchase or lease based onllus Quotallon ,hall be ,ub)ecIIO ncceptance bv ~ r: Machinery Co and all sales or leases snail be made 'In dnd ,ubJecl to "I C Maclunery ("" ',Standard Tenns. CondHlons and Warranlles on N C Machinery Co s commerCial forms EffeclNe Wi/h sa/as /0 the fir$ user an or Bftf3r March 1, r999 CATERPILLAR WARRANTY Earthmoving, Construction, Material HandUng, and PavJng Product Machines For Selected Models Designated by Caterpillar With 6 Month/Unllmrted Hour Warranty (llSA & Can ada) Caterpillar warrams too followill9 products sold by II and Operating wllhln ~ geographic area serviced by autoolized USA and Canadian Caterpillar d6alers to be free from defects in malerlal and wor1cmanship. (In otllar areas differenlwarrantlBs may apply. Copies IJf applicable warranties may be obtained by writing to Caterpllar Inc., 100 N. E. Adams St.. PeoTia., IL USA 61629-3345.) . ~ew Bartl1movlog, construction, material handIlng, and paVIng product machines desIgnated by CatefplllaJ as haVIng a 6 1l10nth/unllmited hour VlratTSnly. See your Caterplrlar dealer for a complete Iisllng of COVered models. . New engines used as replaCl8ments in such Caterpillar product · Attachments Installed on such machlnes plfor to delivery (unless cover&:1 by the Caterpillar Work Tool warranty statement or another manufacturer's warraF\ly). An addtttonal warranty agaillSt braa1<age is applicable to certain Caterpillar brand Ground Engaging Tools. An additional wananty against wear Is applicable to land/ill compactor Plus Tips wnen used In rasldenllal Wast6 landfills Refer 10 the applicable warranty statements lor coverage detail. For nav..' replacement englOEl&. the warranty Period I~ 6 months, starting from date 04 dellV()ry to the lirst user. Caterpillar ResponsIbilities Ir B defect In malerial or WOrkmanship Is found during the warranty pSflod, Caterpillar ....'ill, durlng normal worklng hours and at a place of business 04 a Caterpillar deal6t' or oIhflr S<lU1"Cll approved t:1'I Cat~pillar: · ProlJ1de (at Caterpllla~s choIce) MW, Remanufactured, or CateIPillar..approved repaired parts or assembled com~s needed to COlTe::t th6 defect. Note: Iiams repla08d under this warranty become the proporty of Caterpillar, . Replace lubricating 011. fillers, antifreeze, and other seNice Items made unusable by the defect, · Provide reasonable and customary labor neede::l to corr9Cl the defect except in the case of a new replacemenl engine otlglnally lnlllalled by other than a Caterpillar dBaler or S01lTee approved by Caterpillar. In this caee, labor Is limited to repair only, and removal and IflStaJlatlon Is loe user's responsiblllly. User Responsibilities This WlIITanty does not apply to CalerpJllar brBIld The ussr Is responsible tor. btitt(jri~ Mobll-traD belts or Carerplllar Work Tools wtllch are covered by other Calerplllar warrandes. This W8rJanty is subject to the fOllov.'ing: Warranty P6J'lod For new machinGS and attachments, the warranty Partod Is 6 months, starting from date 04 delivery 10 the first user, SELF526B . Providing proa1 041he delivery dale to the first ~er. · The costs assooialed with transporting Iha prod uct. . labor costs, excePt as staled under .Calerplrlar Responsibilities". . local I axes. II applicable. . Parts sIlippgng charges in eKCess 0( Ihose which are usual and C\Jstomary. . Costs to IrTllGSljgate complaints. unlass the problem is causad by a detect In Caterpillar materia( or wort<manshlp. . GIving limely notice of a warrantable fallllre and promptly ll1aklng the product aVallable for repair. · Perfonnanc~ of lite required maintenam:e (inofudlng uoo 01 propet fuel. ojl, tumlC8ms and coolal'lt) and r&placement of ilems due to normal wear and tear. · Allowing Caterplllar access 10 all eleclronically Slored data. Limitations CateJplllar is not responsible lor lailures res.ultinll from' . Any use 01 Installation Which Caterpillar judges improper. . Affaooments, accessory items and parts not sold 01 approved hy Caterpillar. . Abuse, n~lect and/or improp&T repair, . User's delay rn making lhe product available afte.r being nolifiM of a potential produCI problem. . UnauthorIZed repair or adjustments, and l1nauthorlzed fuel setting Changes. (con/inued on reVSfSiJsid8...) r:n \'1l :J r-t 0- '< z (/ n ""J CD C. I-' r-t C1 CD "0 D> ""J r-t 3 CD :J .-+ ~ I\) 111 I\) 111 ..... CD I\) CJ) "oJ o -- "oJ -- o Co) ~ (() "'1J s:: F "*' CD I\) "oJ ~. "'1J D> <C CD Co) -- ~ NEITHER THE FOREGOING EXPRESS WARRANTY NOR ANY OTHER WARRANTY BY CATERPILLAR, EXPRESS OR IMPLIED, IS APPLICABLE TO ANY ITEM CATERPJLLAR SELLS WHICH IS WARRANTED DIRECTLY TO THE USER BY ITS MANUFACTURER, en 'Il ::J rt 0- "'< THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT CATERPILLAR EMISSION.RELATE0 COMPONENTS WARRANTIES FOR NEW ENGINES, WHERE APPLICABLE. REMEDIES UNDER THIS WARRANTY ARE LIMITED TO THE PROVISION OF MATERIAL AND SERVICES, AS SPECIFJED HEREIN. CATERPILLAR IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. z o o -, m 0- ..... r+ o m -a D> -, r+ .. m ::J r+ .f:> I\) 111 I\) 111 OJ I\) CD -..J o ~ -- ~ -..J -- o w .f:> I\) o "1J s:: , 'II:: OJ I\) -..J "1J D> tC m .f:> ........ .f:> As used in this warranty.lhe term .Caterplllar" means Caterpillar Inc., or one of its subsidiaries, except Caterplllar Overseas SA. Caterpillar France SA., Caterpillar (UK) Limited, or Caterpillar BelgIum SA. whichever last sold the product involved. .N C MACHINERYCO. VALUE ASSURANCE AGREEMENT This Value Assurance Agreement applies to D7R Caterpillar Model Serial No delivered to City of Port Angeles on (the "Product") This extended warranty IS In addition to Caterpillar's standard warranty and does not have any effect on that warranty NC Machinery Co shall provide the following Value Assurance Servlce(s) to City of Port Angeles VALUE ASSURANCE SERVICE EXTENDED WARRANTY PERIOD YEARS/OPERATING HOURS 4 years or 5,000 hours from date of delivery, whichever occurs first ~/ cu-~ 6~/ KoJ ~ Wdl62Yni ~~ou/r ?~~~ d; ~~- ~a- e7/ r ?~ aJ~~. ~w The terms of the N C Extended Power Train Warranty are set forth below The terms of any other service or warranty are provided In the attachment(s) to this Agreement N C EXTENDED POWER TRAIN WARRANTY N C Machinery Co warrants the following power train components to be free from defects In material and workmanship under normal use and service dUring the extended warranty period Engine (excluding radiator, alternator, compressor, starter and attachments) Steering Clutches Drive Axles Drive Pumps/Motors (tractors only) PInion and Bevel Gear Transfer Gear Group Transmission Universal JOints Dlfferenllal Torque Converter Steering Brakes (track-type tractors only) Final Drive Gear Trains (up to but not Including sproCkets) (see back for General Terms and Conditions) By _ Date Value Assurance Agreement Addendum Caterpillar Inc. D7RIID 1. Additional limitations: Delete "Any use or installation which in the sole judgement of N.C. is improper" 2. Disclaimer and Release: Delete "(C) any obligation liability, right, claim or remedy in tort, whether or not arising from the negligence of N.C. (whether active, passive ir imputed); (D) any obligation, liability, right, claim or remedy for loss of or damage to any equipment" 3. Exclusion of consequential and other damages: Delete in its entirety. 4. Applicable Law: Delete "federal maritime law, except on issues not governed by maritime law, where" and "shall govern if a dispute arises" 5. Arbitration: Delete "any claim based on contract, tort or statute shall be settled by final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and conducted in Seattle Washington" and replace with "any claim based on contract, tort or statute may be settled by final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and conducted in Port Angeles, Washington or other place agreeable to the parties" 6. NC Responsibilities: Add "Warranty work shall include both parts, and labor. Warranty work shall be performed in a timely and professional manner to City satisfaction in a manner best serving the interests of the City. Warranty work requiring more than seven (7) consecutive work days absence of the equipment will require the bidder to provide adequate back-up as a temporary replacement to the equipment having warranty work done, if repair is not accomplished within 7 work days provided that a machine is not available, rental cost will be paid not to exceed $600 per day. This will allow operational work to continue at the City of Port Angeles." CITY OF PORT ANGELES STANDARD TERMS AND CONDITIONS CONTRACT THE PURCHASE CONTRACT INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND THE PUBLISHED RULES, REGULATIONS, AND LAWS OF THE CITY OF PORT ANGELES AND THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY REFERENCE. 1. CHANGES: No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification will be effective without written consent of the appropriate representative of the City. 2. HANDLING: No charges will be allowed for handling, including but not limited to packing, wrapping bags, containers or reels, unless otherwise stated herein. 3. DELIVERY & ACCEPTANCE: For any exception to the delivery date as specified in this Contract, Contractor shall give prior notification and obtain written approval thereto from the City. Time is of the essence and the Contract is subject to termination for failure to deliver as specified and/or appropriate damages. The acceptance by the Purchaser of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor. The successful bidder shall be responsible for delivery to the Landfill in Port Angeles, Washington, between the hours of 8:00 AM and 3:30 PM during the City's normal work day. Delivery shall be made within the time period specified on the bid. 4. DAMAGES FOR DELAY: Delays add cost to the City in the form of time needed for operational duties, administration and supervision and in the form of replacement equipment rental. Because the City finds it impractical to calculate all of the actual cost of delays, it has adopted the following to calculate liquidated and actual damages for failure to complete the delivery of the equipment/material on time. Accordingly, the Contractor agrees to the following: a. To pay liquidated damages in the amount of $25 for each working day beyond the number of working days established for physical delivery of the equipment/material. b. To pay actual damages equal to the actual cost to the City for rental of equipment necessary for the user Department to continue with its operations. c. To authorize the City to deduct these liquidated and actual damages from any money due or coming due to the Contractor. 5. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES: Invoices will not be processed for payment until receipt of a properly completed invoice or invoiced items, whichever is later. 6. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid. F.O.B. Destination. 7. REJECTION: All goods or matenals purchased herein are subject to approval by the Purchaser. Any rejection of goods or material resulting because of non-conformity to the terms and specifications of this Contract, whether held by the Purchaser or returned, Will be at Contractor's risk and expense. PW-409.17 [June 12, 2001] 8. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Contract shall contain the applicable purchase contract number. 9. INFRINGEMENTS: Contractor agrees to protect and hold harmless the Purchaser against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume all expenses and damages arising from such claims, suite or proceedings. 10.WARRANTIES: Notwithstanding anything contained in this agreement or any of the Contract Documents to the contrary Contractor and City agree that the sole warranties are the Caterpillar Warranty and contractor's Value Assurance Agreement and Addendum both of which are attached hereto and incorporated by this reference. 11. ASSIGNMENTS: The provisions or moneys due under this Contract shall only be assignable with prior written consent of the Purchaser. 12.TAXES: Unless otherwise indicated the Purchaser agrees to pay all State of Washington sales or use tax. No charge by Contractor shall be made for federal excise taxes, and the Purchaser agrees to furnish Contractor, upon acceptance of articles supplied under this Contract with an exemption certificate. 13. "Intentionally Left Blank" 14. RISK OF LOSS: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery, unless caused by circumstances beyond the contractor's control. Such loss, injury or destruction shall not release Contractor from any obligation hereunder. 15. HOLD HARMLESS: Contractor shall protect, indemnify, and hold the Purchaser harmless from and against any damage, cost or liability for any injuries to persons or property arising from acts or omissions of Contractor, its employees, agents or subcontractors howsoever caused, provided that the limit of contractor's liability shall be $756,434, which is two times the unit price of the equipment. 16. LABOR AND INDUSTRIES: Contractor is required to the extent applicable, to procure Labor and Industries permits L1700-7 and L1700-29 and abide by the requirements thereof. Copies of "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" shall be submitted to the City Clerk and Department of Labor and Industries. 17. ANTI-TRUST: Contractor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact borne by the Purchaser. Therefore, Contractor hereby assigns to the Purchaser any and all claims for such overcharges. 18. DEFAULT: Contractor shall be liable for damages suffered by the Purchaser resulting from Contractor's breach of Contract. The Contractor covenants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Contractor, and the Contractor is adjudged by a court of competent jurisdiction to be in default, Contractor shall pay to the Purchaser all costs, expended or incurred by the Purchaser in connection therewith, and reasonable attorney's fees. The Contractor agrees that the Superior Court of the State of Washington shall have jurisdiction over any such suit, and that venue shall be laid in Clallam County. PW-409.17 [June 12,2001] 19. "Intentionally left Blank" 20. SAFETY: The equipment shall completely comply with all State and Federal laws, rules, regulations and codes in effect at the time of delivery. The equipment shall be tested by the successful bidder for compliance with all OSHA! WISHA regulations and the State Department of labor and Industries Electrical Workers Safety Rules. 21. ACCEPTANCE: BY ACCEPTING THIS PURCHASE CONTRACT IN WRITING OR BY DELIVERING THE MATERIAL ORDERED, CONTRACTOR ACCEPTS All OF THE TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE BY THE PURCHASER TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR CONTRACTOR AS A CONDITION OF ACCEPTANCE OR DELIVERY. PW-409.17 [June 12, 2001] CITY OF PORT ANGELES 321 East 5th Street P.O. Box 1150 Port Angeles, Washington 98362 Inquiries (360) 417-4624 PURCHASE ORDER REQUISITION INVOICE TO' CITY OF PORT ANGELES FINANCE DIVISION P.O BOX 1150 PORT ANGELES, WASHINGTON 98362 P.O. NO. 1 '?':;6 .. 4 . \. BUYER' THIS NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING DOCUMENTS I - S -0 oS KolW K-. ";> 0 ",-r . .S2~_~.l>._~~i1.E.. .... --.... }. .. _.oC:!/{..y._oJ:. ~~ef: 121YJ'-~((:B -. .- -9-f:-~._-;~_8~n._. 'n" .H~i-:.H~8h-/.!d14 . _. ..~~~~ _.__ __.o. ._..n... _. o OUR PICKUP VENDOR NAME & ADDRESS: f/. e. dI~"N~>'. .~... ?o.. g~~. .3.$:"~.. .. S.~~/~'I klA--9B.~V- DATE: SHIP TO: ATTENTION: 1<,J2 s te/N __...~~.~.:- .?1 /3_. CONFIRMING ORDER: 0 0 v!>;J-92.'2."Z..- yes no LINE DESCRIPTION _ .. _ ?~o.1~"j- _ #- J?~~.t:2~ ~ -'-s.. .O?uc-J.c. _tt:-..e G. c.. 0./_0. CZ'.~.. .... .. . . UNIT PRICE AMOUNT ,> i--- -- i I ___" . ..o_ .._ ....---0.1---'" .. .on. .... : I , _ --- ~.- . - - f-- - ! . .. ........... ... ." ....;. _' . _ _L.. . _..... .. -L.. - ..~ . 'I y~._.~_.(~_~~7:~JfI~*)_.:. ...... ---1.... --.- ..--- \ , ,I I " ... . . -- . . ..... .... .. .. .. . .. .- -.. . . - i . - .. ..... . .. -i:....- .... --, ... b . .. (!~l~p~i!~~-=__.[).71~zr_~_c;,._p . .. ',"" ., ..._~-- n --.. -.. "'$2~;;'//- --- . w ;f( tVM.t::..-'/~/N'J /J~JWjeDt~T- -i .. ...' .. ... uu . : ------ .-- .... ,... _......E~__6.E__~~-EVL__,-~ .---..-- --.. .- 1- . . -- . , ,: I 1 l : , . ~.... . . 1:i - - . . - . . -- .- . . - - - .,- " . - I .. -. . -.. ~ - . -- . . _:l.t'&~/K.;1'JP(L -~tD5('19:~~f!t.~nlU - u-I('l5i . _I ~~! ye~~^ jE't?~}~~~:-~~~~. f~t~L:~~~~~~.;..e .8~ . ';-- . /;hf~A~_~&~__.- :,. ---.$.4-~ -~~~---- ..--. 'i-- -- .---.. -- "1---...- --- . :r _.., ... ---TJ -K.... -- -~ I e. '. - ----- --!.- _.n ---- - -4. --- .---.-- .. .~ .... ....... . --_.. - .---. ..Lk ~~~s~..--Xi---Ij.y~.s1~bA9S,~ .:t-J: J'lj)::s-- .. -. ... .. - . .~. . ---. --":- . .. -.... ..-- - -(J.e4$C? )-. -~ I FUND AMOUNT __: _ __~ + ____J. _ _ _ , , ,. CONTRACT THIS AGREEMENT is made and entered into this 20th day of January, 2003, between the City of Port Angeles (hereinafter called the "City") and N.C. Machinery Company (hereinafter called the "Contractor", "Vendor", or "Bidder"). WITNESSETH: That the City 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 Instructions to Bidders, the Bid, the Specifications, the Standard Terms and Conditions, the Purchase Order Requisition, and the Contract. The foregoing documents shall hereinafter be called "Contract Documents" or "Contract". All obligations of the City 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 City shall make written interpretation thereof, which interpretation shall govern. ARTICLE II CONTRACT RELATIONSHIP The Contractor and the City agree that the equipment will be financed by a long term rental agreement between the City and Caterpillar Financial Services Corporation (CFSC) and that, pursuant to this financing arrangement, the Contractor will be selling the equipment to CFSC and CFSC will be leasing the equipment to the City. In order to ensure that the Contractor is legally obligated to (1) provide the City with equipment that conforms with the specifications, (2) honor the terms of the Contractor's Value Assurance Agreement as amended by agreement of the parties, and (3) comply with all requirements set forth in the Contract Documents, and in consideration of the City acquiring the equipment from the Contractor pursuant to the above-described financing arrangement, the Contractor and the City hereby agree to all of the obligations set forth in the Contract Documents. ARTICLE III ASSIGNMENT The Contractor shall not assign any of its responsibility under this Contract without the express written consent of the City. PW-409 16 [June 12, 2001] 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 and 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 City 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 City 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 City may purchase the materials necessary for complete performance of this Contract, and the Contractor shall be liable to the City 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. 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. CONT/)T~R~L By: ~ Title: &.~V/'t"f V P / Ce+1 tJfJ~ Dated: 1//1/(J '3 ATTEST: L-:p~ J CITY OF PORT ANGELES BY:~, Director of Public Works an Utilities Dated J ~ ~ 'l..-p I 'l....- 0 oS . ATTEST: ~~t~ Uldl>A Becky J. U n, . y Clerk 7 ~ .) ~ ~ " ~{ I \ \ I. PW -0409_16 [rev 09/18/02] PUBLIC HEARINGS - OTHER: (Cont'd) MCA 02-01 - Industnal Heavy Zone Amendment Ordinance No. 3133 (Cont'd) MCA 01-02B - Parking Ordinance CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: <I. <f I t.{J CITY COUNCIL MEETING December 17, 2002 4835 ORDINANCE NO. 3133 AN ORDINANCE of the City of Port Angeles, Washington, revising the area and dimensional requirements for the Heavy Industrial (IH) Zoning district and amending Ordinance 1709 as amended and Chapter 17.34 of the Port Angeles Mumcipal Code. Councilman Braun moved to adopt the Ordinance as read by title, citing Findings 1 - 11 and Conclusions 1 - 4, as set forth in Exhibit "B" which is attached to and becomes a part of these minutes. Councilman Headrick seconded the motion. Clerk Upton pointed out that the public hearing had not been conducted, so Mayor Wiggins opened the public hearing at 7:20 p.m. There being no public testimony, the pubhc hearing was closed at 7 :20 p.m. Boef discussion was held concernmg the height limitation for chimneys, antenna towers, and the like. Director Collins clarified these items would be exempt from the height limItation. A vote was taken on the motion, which carried unanimously. 2 MCA OJ-02B - Parkmg Ordmance Director Collins advised the Council that the recommendation is bemg made to continue the public hearing. Mayor Wiggins opened the public hearing at 7:25 p.m. There being no public testimony, Councilman Braun moved to continue the public hearing on Municipal Code Amendments MCA 01-02B revising the City's parking regulations to the February 4, 2003, meeting. The motion was seconded by Councilmember Rogers and carried unanimously. DISCUSSion was held relanve to Item 6, concernmg the lease of a Caterplllar Track Type Tractor D- 7R. The matter was being returned to the Councll, as prevIous approval was not inclusive of sales tax. The issue was explained by DIrector Cutler, after which the Council considered the payment options for the lease. Finance Director ZlOmkowski offered further clarification regarding the cost effectiveness of annual payments in advance, and Councilmember Rogers indicated the Utility Advisory Comrmttee had discussed the issue in depth. Councilman Campbell moved to accept the Consent Agenda, to include: 1.) City Council minutes of December 2,2002; 2.) Check Llst- December 6,2002 - $516,937.80; 3.) Electronic Payments - December 6, 2002 - $1,219,944.25; 4.) Western Public AgenCIes Group Agreement for 2003; 5.) OlympiC Medical Center Rebate Agreement; and 6.) D-7R Equipment Lease from N.C Machmery Company. The motion was seconded by Councilman Braun and carried unanimously. Councilmember Rogers reported on attendance at the Utility Advisory Committee meeting, as well as the Community & Economic Development Committee meetmg. A recent meeting of the Lodging Tax Advisory Committee mvolved discussion about surplus conference center fundmg. At a Chamber of Commerce retreat, diSCUSSions were held pertinent to Parks & Recreation actiVIties, field maintenance, and efforts to work with the CIty on impacts of what the programs can do m the City. Councilman Williams attended a breakfast presentation at Peninsula College and participated in the value engineering discussions at the Transit relative to the Gateway project. Councilman Braun also participated in the value engmeermg discussIOns; he attended the OPS A ward Breakfast hosted by Parks & Recreation, and he attended the ClaIlam Transit Board meeting. Councilman Braun also attended the meeting on the pool renovation, and the figure of$4.1 milhon has been projected for renovation purposes The group meeting on the ice skating rink has been considering the location ofLmcoln Park for a skatmg facility, and he has asked that conSideratIon be given to a combination of indoor recreational activities in a new facility at Lincoln Park POSSible - 5 - '1(1 W11