Loading...
108-23 - Resolution - Purchase of a John Deere BackhoeDocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 RESOLUTION NO. 108-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A JOHN DEERE BACKHOE FROM THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City's 1994 Backhoe with bucket (ER&R No. 1056) is scheduled for replacement in 2023 as part of the Equipment Rental and Revolving Fund 500 (ER&R) replacement process; and WHEREAS, the City is a member of the purchasing cooperative Sourcewell, formally known as the National Joint Power Alliance (NJPA), a Minnesota Public Agency; and WHEREAS; consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 073-23, as amended, the City's Public Works Department identified Pape Machinery as an authorized John Deere dealer and an approved vendor for the desired backhoe through Sourcewell Contract No. 093021-ELG (Sourcewell Contract); and WHEREAS, staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract, confirmed the statutory procurement requirements were met, and obtained all necessary documentation from Sourcewell and the vendor regarding procurement; and WHEREAS, Public Works staff requested a quote and on October 20, 2023, received a quote from Pape Machinery of $131,478.22 (plus applicable tax), for a total purchase price of $143,705.69, and confirmed that this pricing was consistent with Sourcewell Contract No. 093021-ELG; and WHEREAS, on October 23, 2023, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was consistent with the Sourcewell Contract; and WHEREAS, the 2023-2024 Biennial Budget includes $145,000 in the Equipment Rental and Revolving Fund 500 (ER&R) for the purchase of a replacement backhoe; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more and for unbudgeted purchases; and WHEREAS, the John Deere (via Pape Machinery) Quote, attached as Exhibit A, is for the purchase of ER&R Equipment in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; Now, Therefore, DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 Resolution No. 108-23 Page 2 of 9 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of a Backhoe and associated equipment from manufacturer John Deere via Pape Machinery in the amount of $143,705.69 (applicable tax included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 14t" day of November 2023. DocuSigned by: jeatit,v� P4M A,SW. , Robert Putaansuu, Mayor ATTEST: `,�1% PORT QR,,,,,, OG�RPORAiFa.O�: `� DocuSigned by: _ ~SEAL sasns a 1 B'ranc(ygi a'1Iace, MMC, City Clerk ��9� •�MSER°��(�+ °�%,FpFWA N\,,,•�� DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 MACHINERY SALES 2-1700 E (3/11) ORDER REFERENCE NUMBER BILL TO SIC Code: Buyer: CITY OF PORT ORCHARD Address: City: State: WA Zip: County: Customer No.: Ph. No. Fax No. SHIP TO Address: Name: City, State: Zip: County: DELIVERY DATE (EST): I P.O. NO. EQUIPMENT I MAKE MODEL 310 P EQUIP.# TRANSACTION INVENTORY JOHN DEERE SER.# TBD SALE ❑X RPO NEW USED RENT ❑ ❑X ❑ ❑ Description: See NEW JOHN DEERE 310P BACKHOE LOADER EQUIPPED AS SPECIFIED ON BULD SHEETS Attached $218,646.00 SOURCEWELL CONTRACT #011723-JDC SOURCEWELL CONTRACT DISCOUNT OFF LIST 43% -$94,017.78 ADDITIONAL COSTS FACTORY FREIGHT $4,650.00 PDI, LOACAL DELIVERY $2,200.00 Delay / F.O.B. AGREED PRICE $ $131,478.22 TRADE YEAR MAKE MODEL SERIAL NUMBER NA If Tax Exempt, Provide Certificate or enter Rate Below Sales Tax ( %) $0.00 Lienholder: Total Price $131,478.22 Trade-in Allowance: $0.00 Less (Est.) Payoff: $0.00 Net Trade in $0.00 BILL OF SALE: FOR TRADE -IN DESCRIBED HEREIN. WE CERTIFY THAT THERE IS NO LIEN, CLAIM, DEBT, MORTGAGE OR ENCUMBERANCE OF ANY KIND, NATURE OR DESCRIPTION AGAINST THIS PROPERTY NOW EXISTING, OF RECORD OR OTHERWISE AND THAT SAME IS FREE AND CLEAR AND IS MY/ OUR SOLE AND ABSOLUTE PROPERTY EXCEPT AS NOTED ABOVE. BUYER'S SIGNATURE: X Sales Tax ( 9.3 %) $12,227.47 Balance Due $143,705.69 Down Payment $0.00 FINANCE I ❑ FINANCED ❑ ON ACCOUNT ❑ CASH/COD $0.00 TERMS SUBJECT TO APPROVAL): Approx License Fee $0.00 Amount to Finance $143,705.69 Length of Term Est. PMT. W/ Ins. INSURANCE AGENT: Est. Pmt. W/O Ins. WARRANTY ❑ NEW BASIC ElNEWNEW EXTENDED (DESCRIBE) ❑ AS IS / NO WARRANTY ❑USED (DESCRIBE) This Sales Order is subject to additional terms and conditions on the reverse side of this document. The undersigned Buyer agrees that it has read and understands the terms and conditions, warranty disclaimers, and limitations of liability set out in the additional terms and conditions on the reverse side of this document and that the same are included in and are part of this Sales Order as if set forth on the face hereof. PAPS MACHINERY, Inc. (Store Address): 3607 - 20th Street East TACOMA, WA 98424 By: (253) 922-8718 Title: Territory Mgr Date: ME igne y: p �� f ���5� �&64@2F!;F@84;z@ By: Date: 11/16/2023 BUYER Mayor Title. Title: DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 Page 2 of 2 Init. TERMS AND CONDITIONS OF SALE :RMS AND CONDITIONS OF SALE: Sales Orders are based on terms and conditions stated herein. Unless otherwise provided on face hereof, offers are good for acceptance for a period of 30 days im the date hereof. An order by the Buyer shall constitute an ceptance of the terms and conditions herein proposed. If, and only no offer of sale is issued by Seller, then the invoice shall be emed: an acceptance of the Buyer's order; a written confirmation; d a final, complete, and exclusive written expression of the reement between Seller and Buyer. Buyer is hereby notified that ditional or different terms from those contained herein are Taxes. Buyer shall pay all local, state, and federal taxes arising )m or related to any sale or lease to which this document relates, :cept for taxes upon or measured by net income of Seller. Delivery. Stated or promised delivery dates are estimates only ised upon Seller's best judgment and Seller shall not be responsible r deliveries later than promised regardless of the cause. Delivery �riods are projected from the date of receipt of any order by Seller, it if equipment to be furnished by Seller is to be manufactured iecifically to fill a particular order, delivery periods will be projected )m the date of Seller's receipt of complete manufacturing formation. If the furnishing of equipment on orders accepted by alter is hindered or prevented by public authority or by the existence war or other contingencies, including, but not limited to, shortage of aterials, fires, labor difficulties, accidents, delays in manufacture or insportation, acts of God, embargoes, inability to ship, inability to sure against war risks or substantially increased prices or freight tes, or other causes beyond Seller's control, the obligation to fill or implete such orders shall be excused by Seller's option. Transportation and Claims. Prices quoted are net F.O.B. point �signated in writing by Seller. When no F.O.B. point is designated in •iting by Seller, prices for new equipment shall be deemed to be net O.B. point of manufacture and prices for all other equipment shall be :erred to be F.O.B. Seller's place of business at which the order for e equipment is accepted. When transportation is allowed, the price iarged will be adjusted to reflect the lowest transportation rates in tect at the time of shipment even though such rates may differ from ose quoted by Seller. Seller's responsibility for the equipment shall ease and all risk of loss shall become the Buyer's upon delivery of the luipment to the first carrier for shipment to the Buyer or his insignee, even though such delivery shall be made prior to the arrival the equipment at the F.O.B. point designated, and any and all aims for shortages, deliveries, damages or non -delivery must be ade by the Buyer or his consignee to the carrier. Seller shall in no ,ent be responsible for shortages in shipments unless notice of such iortage is given in writing to Seller within 15 days after receipt of Payment and Security. Buyer agrees to pay in full for the uipment at time of delivery. Buyer agrees to pay the late charge on y past due balance at the rate of 18% per annum. The signator grants that he/she has authority to execute this order on behalf of y party for whom he/she signs, and that such party has the power to ter into this agreement and perform its terms. As security for all of yer's obligations to Seller, Buyer grants to Seller a security interest the equipment and authorizes Seller to file all documents necessary perfect Seller's security interest. The security interest granted reunder is in addition to any other rights available to Seller, and Iler shall have all of the rights and remedies available to a secured rty under the Uniform Commercial Code, all of which are mulative. Throughout the duration of Seller's security interest. Buyer all keep the equipment fully insured against theft and loss or mage by fire and other casualty as Seller may from time to time tuire in accordance with such terms as Seller may require. Buyer to Furnish. Performance by Seller is subject to the Buyer nishing a satisfactory credit rating certificate, letter of credit, dence of financing, or any other similar papers necessary for the tisfactory completion of such order. Laws Governing. All orders will be governed by the laws of the ate of Oregon. 7. Assignment. The right to any monies due or to become due hereunder may be assigned by Seller, and Buyer, upon receiving notice of such assignment, shall make payment as directed. 8. Limitations of Warranties. If "NEW" warranty is indicated on the reverse side or if new equipment is purchased hereunder, all warranties are strictly given only by the manufacturer. Copies of manufacturer's warranty can be obtained from Seller. If "USED" warranty is indicated on the reverse side. Seller hereby warrants to Buyer that the equipment or components thereof designated on the reverse side, shall be free under normal use and service from defects in material and workmanship for the period shown, commencing on the date of delivery. Buyer's exclusive remedy for breach of the limited warranty shall be the repair or replacement of the warranted equipment without charge to Buyer when returned at Buyer's expense to the Seller's facility where the equipment was purchased, with proof of purchase. Buyer must give notice of any warranty claim not later than 7 days after the expiration of the warranty period and must return the equipment to Seller for repair or replacement no later than 30 days after expiration of the warranty period. Any action against Seller for breach of the limited warranty must be commenced within one year after the date of delivery of the equipment. Seller's warranty does not extend to any defect, claim, or damage attributable to the failure to operate and/or maintain the equipment in accordance with the manufacturer's specifications, or due to the failure to operate or maintain the equipment in accordance with any recommendations of Seller. If "AS IS" is indicated on the reverse side, no warranty of any kind is being given and the equipment is being sold with all faults. THE WARRANTIES IN THIS PARAGRAPH AND ON THE REVERSE SIDE ARE THE EXCLUSIVE WARRANTIES GIVEN BY SELLER AND SUPERSEDE ANY PRIOR. CONTRARY, OR ADDITIONAL REPRESENTATIONS, WHETHER ORAL OR WRITTEN. SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM THE FAILURE OR DEFECTIVE OPERATION OF THE EQUIPMENT; NOR WILL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. 9. Rental Purchase Option. If rental purchase option (RPO) is granted in any addendum, the purchase price shall be tendered to Seller coincidentally with the exercise of the purchase option provided that Buyer is not then in default in performing all of the terms and conditions of lease with Seller. 10. Notice. This paragraph shall serve as notice that The Pape Group, Inc. has assigned its rights to sell its rental equipment (as may be described in this sales order) and its rights to sales proceeds (including "trade-in assets" related thereto) to North Star Deferred Exchange as part of an IRC Sec. 1031 exchange. 11. Attorneys Fees. In the event suit or action is instituted against Buyer on account of or in connection with or based upon the terms hereof, the Buyer agrees to pay, in addition to the costs and disbursements provided by law, such sum as the court may adjudge reasonable attorney's fees in both the trial and appellate courts, or in connection with any bankruptcy proceeding. 12. Entire Agreement. The foregoing and any addendum shall constitute the complete and exclusive agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions, guarantees, or obligations whatsoever, either expressed or implied, other than as herein set forth or provided for shall be binding on either party. Each party may transmit its signature by facsimile to the other party and such facsimile signatures shall have the same force and effect as an original signature. DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 310 P t i er Backhoe Loader 20-Oct-2023 Code 17BOT 0202 0351 0259 Description aJOHN DEERE Qty 310 P-tier Backhoe Loader 1 List Price(USD) 17BOT (Gen -A) Ex -Works Dubuque, Iowa, U.S.A. As not all option codes have field kits, please review your order option codes and available kits prior to placing a machine order. Option Codes United States 1 Translated Text Labels 1 Vehicle labels translated to selected language with English labels. Includes labels for operator station, engine and backhoe controls options. English 1 English language for operator's manual and electronic content. Includes operator's manual and 4G OM packet. $154,068.00 No Added Cost No Added Cost No Added Cost Page 1 of 5 DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 1003 Cab 1 $12,582.00 Isolation mounted modular design ROPS/FOPS level 2 (meets ISO 3449 & ISO 3471) molded roof. Tinted safety glass. Deluxe interior trim. Headliner. Molded floor mat. Less radio (cab includes power connector for radio and threaded bosses for mounting brackets - see radio kit installation instructions). Air conditioning 26,000 BTU. CFC free R134a refrigerant. Heater/defrosters/pressurizer, 40,000 BTU, 10 speed. Deluxe mechanical suspension, cloth, swivel seat with lumbar adjustment and arm rests, fully adjustable. 3 inch orange seat belt with retractor. Tilt steering wheel. Interior rearview mirror. Front 2-speed wiper with windshield washer and rear 1-speed wiper. (2) front driving/working halogen lights - 32,500 candlepower each (2) rear working halogen lights - 32,500 candlepower each (6) additional work roof lights adds 2 front, 2 rear and 1 on each side of roof (4) turn signal/flashing/rear stop/tail lights - 2 front and rear (2) rear reflector See 'Order as Desired' codes for additional cab options not included in standard cab (i.e. air suspension seat, radio, sun visor). 183E JDLinkTM 3006 1 No Added Cost Includes integrated cab wiring harness, antenna, and JDLinkTM Modem's (MTG). JDLinkTM connectivity is enabled separately through the JDLinkTM website. Connectivity service is subject to country availability. Powershift Transmission - Mechanical Front Wheel Drive (MFWD) with 1 Open Differential 4F/2R powershift transmission. Includes torque converter with electrically actuated twist grip TCL in 1st through 4th gears. No Added Cost Page 2of5 DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 4006 John Deere 4.5L - FT4/Stage IV 1 No Added Cost Net peak power of 100 Hp. For use only in areas where EPA final tier 4/EU stage IV is required. Turbocharged. Wet sleeve cylinder liners. 2 valves / cylinder. Electronically controlled HPCR fuel delivery system, B20 biodiesel compatible. Serpentine belt with automatic belt tensioner. Enclosed safety fan guard. Vertical spin -on engine oil filter. Spin -on fuel filter with water separator. Dual safety element dry -type air cleaner with evacuator valve. Underhood catalysts with vertical curved exhaust stack. Passive flow -through exhaust aftertreatment system with grid heater. Electronically controlled, variable -speed cooling fan. 5247 Galaxy 19.5L-24 12PR Rear & 12-16.5 R4 12PR Front 1 No Added Cost Requires axle code 3006. Rear tire chains require wheel spacers (AT347522). 6154 Dual Batteries with Disconnect, Jump Post, and Engine Block Heater 1 $482.00 350 minute reserve capacity (1900 CCA). Recommended for use in ambient temperatures below 32 degrees F (0 degrees C). Includes engine block heater. 6752 Extendible Dipperstick 1 $10,180.00 Standard stabilizer legs; stabilizer overall width, operating: 11 ft. 7 in. (3.53 m.) 6577 1250 lb. (567 kg.) Front Counterweight 1 $1,846.00 7002 Auxiliary Hydraulics with One & Two Way Flow (Hammer & Thumb/ 1 $4,811.00 Swinger) Includes factory installed plumbing to bulkhead (mid -point of dipperstick) for one and two way flow valves (selective flow and proportional). Includes hydraulic quick disconnect fittings KV11305 and AT312681 for one-way flow circuit rated for full auxiliary circuit flow capacity. Quick disconnects require connection without pressure and are identical to the couplings provided with the front loader 3rd function hydraulic option. 7028 Pilot Controls, Two Lever, with Pattern Selection 1 $2,798.00 Horn button integrated into pilot control levers. Page 3of5 DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 7040 Three -Function Loader Hydraulics, Single Lever 1 $3,431.00 Single lever loader control with electric clutch disconnect, momentary MFWD, and electro- hydraulic auxiliary control. For front attachments. Includes valve with circuit relief and .5 in. (12.7 mm) hoses and steel lines to loader cross tube. 7806 24 in. (611 mm.) Heavy -Duty Bucket, 6.9 cu. ft. (0.20 cu. m.) 1 $2,286.00 Pin -on bucket includes 5 teeth, TK-system Fanggs 7707 Multi -Brand Quick Coupler - 42 in. Thumb Ready 1 $1,805.00 Includes factory installed thumb cylinder mounting ears installed onto dipper. If factory installed thumb option required, order code 8027 - 42 inch tine. For use with Deere C, D, SE, SG, SJ, SK, SL & SL HL series buckets and with Case K, L, M and Cat C series buckets. Not for use with 710 buckets. Not compatible with Case N-series. Spacers are recommended for Cat and Case buckets, see bulletin 07BH08 for details. 7856 86 in. (2.18 m.) Multi -Purpose Bucket, 1.22 cu. yd. (0.93 cu. m.) 1 $10,629.00 Pin -on bucket includes reversible bolt -on cutting edges and skid plates. Requires third function hydraulics. Pre -drilled for seven teeth - order teeth from parts. 8096 Premium Mirror Option - Exterior Rear View Mirrors (2) and Front View 1 $177.00 Mirror (1) 8109 Sun Visor 1 $100.00 8146 Left Side Console Storage with Cup Holders 1 $85.00 8183 Radio, Bosch Premium Package 1 $1,424.00 AM/FM/Weather Radio, Bluetooth capable with microphone, 3.5mm auxiliary input, USB input, roof power port, roof storage compartment. 8208 Seat, Cloth Air -Suspension - Heated 1 $1,044.00 For enclosed Cab. Page 4of5 DocuSign Envelope ID: 7AF2C5D2-513B-4A3D-A7B2-744734E82367 8075 Diagnostic Oil Sampling Ports 1 $217.00 Requires code engine code 4006. Includes 4 ports: Engine oil Engine coolant Transmission oil Hydraulic oil 8226 Strobe Light with Magnetic Mount 1 $617.00 Light is shipped loose in the cab. 8131 Heavy -Duty Stabilizer Pads 1 $485.00 Laminated and reinforced rubber, compressed on edge within the steel shoe for improved durability and wear performance. 8202 Manual Ride Control 1 $2,087.00 8027 Thumb - 42 in. 4 Tine 1 $7,043.00 Reference bulletin 17BH08 for compatibility with couplers and buckets, and to determine necessary thumb length. Requires two-way auxiliary hydraulics, code 7002. It does include plumbing for two-way auxiliary valve. 8115 MFWD Driveshaft Guard 1 $449.00 Recommended when operating over large rocks or stumps. Total $218,646.00 Manufacturer's Suggested List Price shown. Fbtail prices may vary by dealer. Unlessstated otherwise, taxes, freight, setup, delivery and other dealer specific charges not included in the pricing. Options/items noted with anything other than price will have additional costs. Pricing, availability, and specifications subject to change without notice. Special program pricing may be available on certain models. See dealer for details. Prices shown are in U.S. dollarsand valid only in the U.S. Page 5of5