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HomeMy WebLinkAboutResolution - 2009-R0285 - Contract - Al-Jon Manufacturing - Landfill Compactor - 07/28/2009Resolution No. 2009-80285 July 28, 2009 Item No. 5.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9084 for a landfill compactor with dozer blade per buyback program pursuant to RFP 09 -051 -MA, by and between the City of Lubbock and Al jon Manufacturing of Ottumwa, Iowa, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28tH day of July , 2009. TOM MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Mark earw d, Ass taut City Manager Chief Information Officer APPROVED AS TO FORM: ad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Contract-Al jon Manufacturing July 20, 2009 Resolution No. 2009-80285 l.'�� Contract: 904 71 PURCHASE AGREEMENT #09 -051 -NIA NEW 2009 ADVANTAGE 50001 LANDFILL COMPACTOR DATE: ,July 16, 2009 SELLER: AI-jon Manufacturing LLC 14599 2nd Avenue Ottumwa„ IA 52501-9281 Phone: (641) 455-5692 FAX: (641) 682-6294 Contact: Lesley R. Bailey, Inside Sales Manager e-mail: Ibailey@aljon.com QUANTITY DESCRIPTION PURCHASER: City of Lubbock (RFP #09 -051 -MA) 1625 13'x' Street, Room 204 Lubbock, TX 79401 Phone: (806-775-2572 FAX: (806) 775-2164 Contact: Marta Alvarez, Purchasing e-mail: MAlvarez(amylubbock. us New, 2009 ADVANTAGE 500C1 Landfill Compactor equipped with: 475 gross/416 NET horsepower Caterpillar C15 ACERT engine (EPA Tier 3 compliant), 48" wide wheels with 8" tall AI-jon weld -on cleats (28 cleats per wheel), wheel cleaner bars mounted behind the front and rear wheels, 183" wide straight dozer blade, auto reverse cooling fan, joystick steering and blade controls, throttle lock, heater/defroster, air conditioning, AM/FM radio with CD and speakers, 24VDC to 12VDC converter, rear vision camera with color monitor, Ansul automatic fire suppression system and all 2009 standard equipment. Operating Weight 94,500 pounds. WARRANTY: Total Coverage One (1) Year or 2,000 Hours. Power Train Five (5) Years or 10,000 Hours. Caterpillar Engine Five (5) Years or 10,000 Hours. Wire Wrap DamageMheel Structure Five (5) Years or 10,000 Hours. Delivered price (includes set-up and on site maintenanceloperator training): SALES TAX EXEMPT. Guaranteed Maximum Cost of Repairs: Year 1 Through 1,000 Hours: Year 2 Through 2,000 Hours: Year 3 Through 3,000 Hours: Year 4 Through 4,000 Hours: Year 5 Through 5,000 Hours: TOTAL Guaranteed Maximum Cost of Repairs Five (5) Years or 5,000 Hours: Guaranteed Buy Back (per the attached Policies and Conditions for Buy Back) 1 Year or Maximum 2,000 Hours: 2 Years or Maximum 4,000 Hours: 3 Years or Maximum 6,000 Hours: 4 Years or Maximum 8,000 Hours: 5 Years or Maximum 10,000 Hours: PAYMENT TERMS: Net 30 Days from date of delivery DELIVERY: 60-90 Days from receipt of order Prices are valid on orders received by August 8, 2009. $550,435.00 $500.00 $1,000.00 $2,500.00 $3,500.00 $4,500.00 $12,000.00 $270,767.00 $207,057.00 $175,202.00 $143,347.00 $111,492.00 ALJOIiI TERMS AND CONDITIONS FOR PURCHASE 1. Financing: The acceptance of this order is subject to the completing of a credit investigation and the approval and acceptance of the purchaser's aforesaid conditional sales contract, security agreement or promissory note by a finance company approved by seller. If financed by other than our company, a confirmation from said company will be requested before shipment and payment guaranteed upon delivery. 2. Warranty: Where the seller is not the manufacturer of the equipment described in this order, the seller makes no representation, warranties or guarantees, express or implied or statutory, whether with respect to quality, merchantability, and/or finesse for particular purposes or otherwise, which extends beyond the description of equipment, unless reduced to writing and made a part of this agreement, and in no event shall seller be liable to purchaser for anticipated profits or for incidental or consequential damages, and liability of seller hereunder, if any, shall be expressly limited to the manufacturer's warranty, or to such other warranty of seller as may be reduced to writing and made a part of this agreement. 3. Cancellation: Any deposits on purchase price or proceeds thereof if sold may be retained by seller as liquidated damages for breach of contract if purchaser fails or refuses to take goods ordered when ready for delivery. 4. Title: It is understood and agreed that until delivery of the equipment to purchaser the title thereto shall remain and be in the seller and shall continue in seller until full payment is made as provided herein. 5. No Verbal Agreements: There are no promises, verbal understandings or agreements of any kind pertaining to this agreement other than specified herein and no agent or employee of seller is authorized to make any such agreement unless specifically authorized by seller in writing. 6. Acceptance: This agreement shall be binding on seller only when signed and accepted by AI-jon Inc., Ottumwa, Iowa, and any dispute arising hereunder shall be governed by the Laws of the State of Iowa. 7. Taxes: The selling price of the item, subject of this Purchase Agreement, includes Federal Excise Tax on only a portion of the equipment sold. However, if under existing or future law passed by the United States, any state or municipality, Seller, in it's opinion, is required to pay or collect a tax, impost or charge on the manufacture, sale use or assembly of the items being purchased pursuant to this Purchase Order, the price to be paid by Buyer shall be increased by the amount of such tax, impost or charge. The amount of such additional tax will be paid by Buyer to Seller upon demand. To secure the payment of said tax, impost or charge, Buyer hereby grants Seller a lien on said equipment which shall continue in full force and effect until the applicable statute of limitation on the assessment of any additional Federal, State or Municipal taxes against the Seller has expired. 8. Shipment Date: is a good faith estimate by AI-jon Inc., at time of quotation. Forces out of AI-jon Inc.'s control such as acts of war, force majeure, strikes, work slow downs,transportation delays or delays by any of Akjon Inc., suppliers may affect shipping date. Under no circumstances shall AI-jon Inc., incur any liability to purchaser (whether or not delays are out of AI-jon Inc.'s control) as a result of a late shipment. POLICIES & CONDITIONS FOR GUARANTEED REPURCHASE OF 2009 AL -JON LANDFILL COMPACTOR CITY OF LUBBOCK, TEXAS _ RFP #09 -051 -MA (6/02109) AI jon Manufacturing LLC requires that all of the following conditions be met before approving any used compactor for repurchase: • The Purchaser agrees to notify AI -Ion of their intent to relinquish the compactor, in writing, a minimum of 90 days prior to expiration of the repurchase term. AI-jon will send a written receipt of notification to the purchaser by return mail to begin the repurchase procedure. • An Al-jon representative will perform periodic inspections of the compactor. Normal "wear and tear" is expected. If, however, in Ai-jon's opinion, the compactor has been subject to abuse, misuse or neglect, written reports will be filed with landfill management documenting our concerns. • AI-jon reserves the right to reduce the guaranteed repurchase price by the reasonable expense that AI-jon would incur to bring the compactor into compliance with the following conditions: o Minimum of 40% useful wheel tip wear life remaining o Sheet metal tin to be free from cracks and damaged welds o AVI hand rails and steps/ladders to be free from damage and in place, bent rails must be replaced o All glass and mirrors to be in place and free from cracks o Operator platform to be in operating condition with all monitoring devices and gauges in working condition, including seat and steering components. Cab shall be thoroughly cleaned before transport. o All power train components to be in operating condition o All steering systems and their wear points to be in operating condition based on hours of use o All operational equipment supplied on original invoice to be with unit upon return of unit to AI jon o All repairs made to the compactor to be performed in accordance with manufacturer specifications © All regularly scheduled preventive maintenance, oil sampling and required engine adjustments to be completed according to the manufacturer's specifications o Entire unit must be thoroughly steam cleaned and all debris removed prior to transport • The Purchaser agrees to provide maintenance records to Al-jon verifying that all required service has been completed on schedule. • Outstanding customer accounts with AI-jon or AI-jon's support group must be current prior to repurchase. • A final inspection and approval of the machine will be completed by an AI-jon representative before repurchase payment is issued. AI jon will arrange to pick up approved equipment at no expense to the purchaser. Guaranteed Repurchase: One (1) Year or maximum 2,000 operating hours: $270,767.00 Two (2) Years or maximum 4,000 operating hours: $207,057.00 Three (3) Years or maximum 6,000 operating hours: $175,202.00 Four (4) Years or maximum 8,000 operating hours: $143,347.00 Five (5) Years or maximum 10,000 operating hours: $111,492.00 647 I have read the foregoing purchase agreement including terms and conditions for purchase of a 2009 AI-jon Advantage 500C1 landfill compactor and the policies and conditions for guaranteed repurchase of the 2009 compactor. As the authorized purchaser, I hereby agree to all terms and conditions of the agreement. CITY OF LUBBOCK Tom Martin, Mayor ATTEST Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: MarkInager earvv Chi , e Information Officer Assistant City A661 O FORM: Chad Weaver, Assistant City Attorney A] -Jon Manufacturing LLC Manager