2024 V&E - Two ADC Tarps CITY OF SALINA,KANSAS '
AGREEMENT FOR SALE AND PURCHASE OF EQUIPMENT
This Agreement for Sale and Purchase of Equipment ("Agreement") is entered into
'SUn e 3 ,2024, by and between the City of Salina,Kansas (the"City") and Tarpomatic, Inc.,
an Ohio Corporation(the"Contractor"):
Recitals ANIk4c4\
A. The City issued a Request for Bids requesting sealed Bids for the sale and delivery 14fskrzo (2)
ADC Tarps with 10 Cross Cable Weights and related equipment, accesso les, and services
("Deliverables"). ,t:
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B. The Contractor was the lowest and best responsive and responsi‘Bidder whose Bid
conformed to the City's Specifications.
C. The City desires to contract for the purchase of the Deliverables deglitr
ed in the attached and
incorporated Exhibit A, in compliance with federal,state,and local�regul'at .
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D. The Contractor has the requisite qualification and a erience to furnish the Deliverables
needed by the City and desires to furnish the DeliveraMes p yto the terms of this Agreement.
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The parties, in consideration of the mutual •romises).set forth in this Agreement, agree and
covenant: x.
1. Definitions. Except as tithe wise provided herein, capitalized words used in this
Agreement shall have the meanings indicafgatip theme Request for Bids.
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2. Contract Documents` T}i greement, together with the Request for Bids and the
Contractor's Bid,including accopa yi g warranties, shall comprise the"Contract Documents."
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3. Sale of Deliverableshe Contractor agrees to sell, and the City agrees to buy, the
Deliverables specified i 4heatched and incorporated Exhibit A, all in accordance with the Contract
Documents. ,
4. `Term; Sc `edule. The Seller agrees to deliver the Deliverables to F.O.B. City of Salina
Central Garage01s8 E sh Street Salina,KS, 67401, within 21 days of the date of this agreement.
51' P ent; Trade-In. In consideration for the Seller's delivery of the Deliverables in
accordance with the Contract Documents,the City shall pay to the Contractor the sum of$10,440.00
. 'i4„ Standard Purchase Terms and Conditions. This Agreement shall be deemed to
'" 'nclude, and shall be subject to, the City's Standard Purchase Terms and Conditions, which are set
Orth in the attached and incorporated Exhibit B.
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IN WITNESS WHEREOF, the parties have caused this A.. cement to be executed by their
i authorized representatives. z/
'IF
CITY OF /�( `—�
A . • NSAS
By: L�/� By /fl 4--I.c �.t�
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ray '
• M hael . chrage,City Manager t S `
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Attest:
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Attest: a A, .. _i - AP. �� %..L,,:
Nikki •dinty Clerk , *'
Form:
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Exhibit A
Description of Deliverables
The Deliverables purchased under this Agreement shall consist of the following items, all of which
shall conform. to the Contract Documents, including the detailed Specifications contained in the City's
Request for Bids:
BID SPECIFICATIONS FOR TWO (2)ADC TARPS WITH 10 CROSS CABLE WEIGHTS
PLEASE MAKE SURE TO INCLUDE THE EXACT MAKE AND MODEL OF THE ITEM YOU ARE
BIDDING,AND THAT YOU SELECT THE APPROPRIATE CHECK BOX IN EACH ROW OF THE,
COMPLIANCE SECTION.
INTENDED APPLICATION: ® ADC(alternate daily cover)
TYPE:New
Mandatory/Preferred Option Compliance
Mandato' f Preferred 4I4/A. Yes ' -4Z
GENERAL TARP SPECIFICATIONS
Model year shall.be 2024 or newer : *AU& ❑ ❑ (:.111
A. Dimensions 40' x 100' ..,>e4 ❑ .❑. of,
B. Bidder's Comments:
C.
TARP MATERIAL SPECIFICATIONS
A. High density woven poly. slug""t`., ❑ • ® •
B. Thickness 20 mil or minimum 9.4 oz.per sq./yd. b i:#t�.' ' -�:El• . ►�-`,.V O D
C. Fire resistant �.. Podgy. : ® ' 1:1.. '_'O
D. Water resistant �,r� 4 ._ 0 ® . 0
F. Bidder's comments:
WEB/STRAP MATERIAL
G »r;• , t ,. ,�11x4:_:
A. Seatbelt webbing used to reinforced all seams ...,L M.f�,®.:��. �..� ❑ ❑_� .
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B. End pull straps 9 (nine)evenly spaced on each end of ,�. , .ti,
tarp made of reinforced seatbelt webbing with welded �' �' 0 ❑' , J . 1 t
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D-ring.
C. Bidder's comments:
TARP DESIGN ---- .11.111111111.111111111111111.111111111
A. Reinforced chain sleeves the 100' length on each side • ; '..%!:$`
of tarp to include 3/8"welded link chain attached at L;.,: r.Di
each end. , : + .. . . ze • ;,W
B. Reinforced side to side cable sleeve pockets 10 per <
100' length of tarp evenly spaced the lengthof tarp .}; ,� ❑ ❑ 56.
with reinforced attachment points on each side. ) • • '4 F,',..
C. Vendor must be able to provide prepared length cross
cable weights with attachable ends if requested as part ,� • : ;21 fa
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of bid package.Cables shall be no less than 7/8" , V
diameter steel cable. ^ rf"?w '"" ' •_•
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D. Additional information:
E. Bidder's comments:
WARRANTY
A-i
INSPECTION AND DELIVERY
A. Inspection of new tarps will be made as soon as r_,� I ' ;` : ;. •N. r-fi-t
possible upon delivery. i 144 ❑ �1
B. Tarps with missing or damaged parts failing to meet '`:` �- • , t,/
the specifications will not be accepted and will become '1`:-:,.,./N, ; 0 'AO. xi, .4 ;}
the vendor's responsibility. "` .
C. Delivery of fence is: . '" "'fit }
F.O.B.City of Salina , ij f• . •s '";,
'Y.
Landfill .i -' ;` , 101.1
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4292 S.Bunna Rd. " ';'� '
Salina, KS 67401 +. r i .1
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D. Additional information:
E. Bidder's comments:
A complete set of specifications of the units bid, descriptive literature, date of delivery, and
warranty information (including copies of the actual warranties and disclaimers to be issued)shall
be included with the bid submittal.All deviations or variances from the above specifications shall
be expressly identified and explained. Failure to provide this information may result in a bid not
being considered.
TRADE-IN EQUIPMENT
None
CITY OF SALINA,KANSAS
STANDARD PURCHASE TERMS AND CONDITIONS
1. Contractor's Obligations. The Contractor 6. Invoices. Invoices shall be prepared and
shall fully and timely provide all Deliverables submitted in duplicate to the "ship-to" address
described in the Contractor's Bid in strict accordance specified on the purchase order. Separate invoices are
with the terms, covenants, and conditions of this required for each purchase order. Invoices shall
Contract, the Specifications,and all applicable federal, contain the following information: purchase order
state,and local laws. number, item number, description of goods or
services, sizes, units of measure, quantity, unit price,
2. Effective Date; Term. This Contract shalt be and extended totals.
effective as of the date of the City's purchase order,
and shall continue in effect until all obligations are 7. Payment. The City shall pay the Contractor
performed in accordance with this Contract. The for goods and services rendered, in one lump sum,
Contractor shall furnish the Deliverables, and provide which shall be due and payable to Contractor within
all related services, on or before the date(s) or within thirty(30)calendar days after the City's receipt of the
the time(s)specified in the Contractor's Bid. invoice. Provided, however, that no payment shall be
due until after: (a)the City has issued a Notification of
3. Title & Risk of Loss. Title to and risk of loss Acceptance with respect to all Deliverables covered
of the Deliverables shall pass to the City only when by the invoice; and (b) the Contractor has provided
clear and unencumbered title to the Deliverables has clear and unencumbered title to the Deliverables. No.
been furnished to the City and Notification of C.O.D.s will be accepted.
Acceptance has been issued by the City.
8. Warranties. The Contractor warrants and
4. Delivery Terms and Transportation Charges. represents that all Deliverables sold to the City under
All deliveries shall be P.O.B. destination with all this Contract shall be free from defects in design,
transportation and handling charges paid by the workmanship or manufacture, and further represents
Contractor. The place of delivery shall be that and warrants that all Deliverables shall conform in all
location set forth in the purchase order. material respects to: (i) the Specifications, drawings,
and descriptions; (ii) any samples furnished by the
5. Inspections; Rejection: _ Withholding Contractor;(iii)the terms,covenants and conditions of
Acceptance Pending Cure. The City expressly this Contract; and (iv) all applicable state, federal or
reserves all rights to inspect the Deliverables within a local laws, rules, and regulations, and industry codes
reasonable time after delivery, and to reject defective and standards. These warranties shall be in addition to
or non-conforming goods. Notwithstanding anything any other warranty or guarantee provided by the
to the contrary contained in applicable law or in any Contractor. Unless otherwise stated in the
laws of sales or standards and practices in the Specifications, the Deliverables shall be new
industry, any acknowledgement of receipt or delivery merchandise, and not used or reconditioned. The
of the Deliverables by the City shall not constitute Contractor may not limit, exclude or disclaim the
acceptance by the City or waiver of any defects or forgoing warranties or any warranty implied by law,
nonconformance. Acceptance of the Deliverables and any attempt to do so shall be without force or
shall not be deemed to occur until the City's issuance effect. The warranty period shall be at least one year
of the written Notification. of Acceptance to the from the date of acceptance of the Deliverables or
Contractor. The City reserves the right to reject the from the date of acceptance of any replacement
Deliverables, in whole or in part, if the Deliverables Deliverables, or such longer period as may be required
fail in any respect to conform to the Specifications and by the Specifications. If the Contractor is not the
requirements contained in or made a part of the Bid; if manufacturer and the Deliverables are covered by a
they are defective in any respect; or if they have not separate manufacturer's warranty, the Contractor shall
been properly or satisfactorily installed or equipped. transfer and assign such manufacturer's warranty to
If the Deliverables arc substantially in compliance the City. If for any reason the manufacturer's
with the Specifications, but are defective or warranty cannot be fully transferred to the City, the
nonconforming to some degree, the City may, in its Contractor shall assist and cooperate with the City to
sole discretion, withhold acceptance until the the fullest extent to enforce such manufacturer's
Deliverables are rendered non-defective and conform warranty for the benefit of the City.
in every respect to the Contract.
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