HomeMy WebLinkAbout03-409OCTOBER 14, 2003 03-409 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN .)
PURPOSE:
INITIATED BY:
CHANGE ORDER NO. 1 - HOISTS
TRANSPORTATION DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the following
change order, a copy of which is attached, is hereby approved:
U. S. PETROLEUM EQUIPMENT
558 Carter Ct.
Kimberly, WI 54136
Net Increase to Contract: $ 7,230.00
BE IT RESOLVED that the money for this purpose is hereby appropriated from:
Acct. No. 511-1728-1753-00000 -Transit Utility - Shop Equipment
IJCJ PETR'O EQLI I F'HEI IT
: la .troleum Equipment
DIVISION OF U.$. OIL CO., INC,
¢tn~berly,, WI .S~ 1 ~6
Oshkosh Transit Summary of addftional change order costs due to
unforseen excavation of existing rear cylinders of bus lifts.
1,680.00 20' x 24' of additional concrete @ 3.50 per square foot
needed due to undermining of floor.
3.600,00 2 days x 10 hours x 3 crew associates @ $60 per hour
Additional time spent over bM amount.
1,000.00 Additional backfill, estimated 4 loads @ $250 per.
To correct the undermining condition.
500.00 Backhoe and bobcat attional charges 10 hours @ $50 per hour.
450.00 Miscellaneous dewatering, trench and site work.
7,230,00 Total additional charges
Please acknowledge acceptance of the above change order by signing below.
Signature
Oat~
, ' wEs~
TOTAL F. _4
~,EF J-,---333 , _~ 0741
1 _¢. -~ I_lS F ETF, ~ EQLI I PHEI IT
PETROLEUM EQUIPMENT& ENV RONMEN? ' ~ ..... "'
A Division of U.S. Oil Co., [nc ";~ ' ,' ~ ,?, "
STANDARD TERMS & CONDITIONS ..... ':~ ,
~P ~? pi dbyth ~t
Th~ roposaL when ce · e Purchaser, will constitute a bonafide co ~ e s s,~i~ ,"
to ad terms and condlbons that follow and to the approval of U,S. Oil Co.. I~c.'s.' c
It is expresaly ag eed that there are no promises, agreements, or understa~d~gs~;;,~r~'I or
wH~en, not specified in this proposal. " , ' -," -,,',, '"
b ' ~'
SERVICES - shall be provided on a time an~ materials basis or lump sum asls.as~[,~b:ln'the proposa ,: '
PRICES- quoted are for acceptance within 30 days. unless othe~ise specified, an~,a'r~Subjebt to
change without notice after that date. , ,.,,
D - . - . '~' ;;.
ELIVERY - promises are contingent upon fire, stnke, acc dents, or other
We will endeavor to maintain schedules, but cannot guarantee to do so. U.S,'O .CO ;'?l~.,'tS not, liable '
for any damages, including loss of business, that may result because of delays dae~e'~'S~d'~e, '
accidents, or other causes beyond our control.
NEW EQUIPMENT WARRANt- U.S. Oil Co_. nc. hereby warrants that ma~eri~d;'~r it supplies
will be free from defects in material or workmanehlp for a per od of one (1) ye~r'~r~,~at~'of ' ,,~: ,,,
completed ~nstalladon. if such a defect is determ ned by U.S. Oil Co. Inc, [o 8xist;'~. ii,'co, Inc ," "
will repair or replace (at Its option) the defective item, free of charge to the Purcha~e'[.,;~ e b~ ment
f~rmshed as pa~t of the proposal Is warranted by the manufacturers These warra-ii~- 2~ ~ '~'
through from U.S. O ~ Co., Inc, (o the buyer accordin~ to ,k ...... , .......... ~L,' ,..,,:,,~ , ·.
and tear, or damage from abuse, neglect, acclden~ ma~adjustmen~ or failure by Pur~se~ ~ ro erl
nt ~n the equipment are excluded from coverage. ' , ,.'~ , ~ P Y
USED EQUIPMENT- In consideration ortho ~rice of an" u$ed e-u .... "-"- ' ¢'~" '
purchaser, by the acceptance of the proposal, releases, indemnifies, and agrees ~b' ~Sl~',b~,~Co'.. Inc.,
h~rmiess from and against any and all claims and ability, causes of action at law en~e~,ui~'for'loss,
damage, injury, or death to persons and prope ly ( nc udlng but not IJml[ed to en~iro~A~l cqntaminatJon
or spills by whatsoever 0r howsoever cause or source, arising or occurring, wh'ethe¢'~r~??e'acquisit~on or
use of the used equipment or otherwise, w~th the exception of the warranty of tiUe tb"~g~c~a~;,'~lven, if any,
THERE ARE NO OTHER WAR~NTIES, EXPRESSED OR IMPLIED (EXPRES~y;~[UD~ ' G A
WAR~NTIES OF MERCHANTAB LTY OF F~T~ ......... ~, ,,~;,,,.', ;., ~N NY '
IPTION OE'~HE~BRQDUCT
CONTAINED IN OUR PROPOSAL. IN NO ~ENT SHALL U S O L CO A',~,;i '" '" '
N .... INC .... ~BLE,FOR
DIRECT, SPECIAL OR CONSEQUENT AL DAMAGES IN CONNECTION WlT~ ~'0 ~
EQUIPMENT ,,' F · E
~u~f~r%%~~j~ ~c~:rg~rrn ~~ ~:px~;~r filling all underground $~,~'taRks with ,,,
, U.S. O1~ Co.. Inc~,, ~h~li','&¢~'the
Purchaser when product w{ll be needed. U.S. Oil Co., Inc. she not be responsible f~;~,~n~'=~ntamination
or less of product used for ballast. Jn the event any tanks should float after fil rig, ~9~ ~Sn' by, U S
Oil Co., inc.. U.S. Cji Oo., inc.. shall not be Ifable for any damage to equipment or pr~e'~;(~ha~ may
'result. including environmental damage A expense for equipment, labor, and maten'a'l~,t~ ~insta
tanks, if floating occurs, sh~ll be borne by [he Purchaser. :, '
Oshkosh Transit System Page 5 '~ 7/19/2002,
I_IS PETRO EQLIIPHEIIT
928 739 8741
EXCAVATING CLAUSE - Excavation quotations are based on normal soil condittor~s,' ~.~t~e,e~ent any
unforeseen underground structuresl cables, sower, u£ility lines, condul( debns,,r?cl?~a~.OC,.~nn ng
sand are encountered, destroyod or damaged during the pe~ormance of the co~tra~t,r~{¢L Oil;Co.
sha~J not be held responsible. Addi[ional costs resulting shall be borne by the'Pu~'~e~('~hal1,1~
n0 case exceed existing rata scales for labor and materials. ", ',, "'
A. In casa of winter work, frost removal is not inctuded in thb propoF~q~l~ ~pec
B, Finished grades are to be estabJbhed and vedfiod by the Purchaser
RELATED WORK & PERMITS - Labor, materials, outsido so.ices for elec(dcal ~o~e~ ~bl~kton or
sower work, and required local and ~ate permds are no[ included In proposal
TA~ & LICENSES- Pricos quotod on equipment and ropair pa~s are .ubjec/to
Municipal taxes and liconsos which may be in effect Or which may be imposod
of materials and equipment and are ~e rosponsibility of the Purchaser.
COMPENSATION & TERMS - U.S. Oil Co., inc., shall be paid for work pefformed'~[~s~.
A, Terms on completion of so.ices and installation of work, unloss ot~i~p~clfied are
net 10 days. ' ~;'" '~; ' ,,
B Terms on equipment, unless othe~ise spocified, are net 10 days,frD~'tG~Jdate.0f delive~
(Delive~ [o our location, for purposes of convenience, coordin, atioh~'~'~.,pr~ectlon,
shall be 'considered "del[ve~"' for invoice purposes.)
C. Terms on Installations/upgrades a~d/or remedlation work, unle~;p~ioe~;s¢~lfled, are
1/3 with signed proposal, 1/3 at commencement of work, and 1/3 up~n'~ pt'of fine invoico,
D. In the evont U.S. O11 Co., Inc., has no[ recoived payment accordin~ ~',~e t~rms of the
invoice, Purchasor agrees to pay a late payment fee on the unpaid]~yS~'b~lance at the
rate of 2.0% per month commencing upon the expiration of the, ~n~o~ce.t~,~s', until paid.
'E. Purchaser also agrees that If payments are not roceived according tq t~e~s of the
invoice, a stoppage in comple[ing a praje¢[ may occur without in~urdbg ,apy, Donpe~ormance
or other legal liability. ,,'
F. Purchaser agrees to pay ali costs incurred by U,S. Oil Ca,, I.c. i~,,~'~f~¢,"n'g.:tbe terms of
the proposal, including, but not limited to, actual a~orney's ~es." ',', "' ,' ' ',:~ ....
GOVERNING LAW - This agreement shall be governed by. construed, and enforced ~a~d~ance with
the laws of the State of Wisconsin. ' ' ~; ....
LIEN RIGHTS - To protect all pa~leS, a mechamcs or construction lien will be auto~a~¢a~,,~[b~ Where
payment Is not received according to the terms of the contract On n~w ~
U.C.C. financing s[atement or other security interest f~{~ng may be filed as deemed
NOTICE OF LIEN RIGHTS
· ,,
J.~, ?i!'C.o,, I,nc,, hereby notifies own_e,r/purchaser that persons or companies fumJ;~g't~ba~:or
materials for tee construction of w ' . , ": .....
o nors/purchasers land may have hen rights or~,o,,,wrie¢~¢LIr,Chaser's
land and buildings if net paid. Those entitled to lien righis in addition to U.S_ OII Co,, :Inc. 'are'fhos,e
who contract directly with the ownedpurchaser or those who give the owner/purch~C',r~o~&~',wit~ n 60
days after they first furnish labor or materials for ~he construction Accord ng
probably wilt receive notices from those who furnish labor or materials for the con~tru;:tl~! arid should
give a copy of each not,ce received to the mortgag,e lender, if a,ny, U.S. Oil Co., Inc;,:~rebs'to
cooperate with the owner/purchaser and the owner s]purchaser s lander, If any, to ae'e','t~a~.'all potential
lien claimants are duly paid.
Oshkosh Transit System
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