The URL can be used to link to this page

Home My Public Portal About093-2018 - McAllister - 2 Dump TrucksPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this _2 day of June, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and MacAllister Machinery Company, Inc., 6300 Southeastern Avcnue, Indianapolis, Indiana 46203 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor two (2) 2018 Caterpillar 730C Articulated Dump Trucks, delivered to 2380 Liberty Ave., Richmond, Indiana, with said Articulated Dump Trucks being more specifically described in Exhibit "B" attached hereto and incorporated by reference herein. City sent a Notice to Bidders which was published in the Richmond Palladium Item on 3 - 9, 2018. A copy of said Notice to Bidders and the specifications thereto are attached hereto and incorporated herein by reference as Exhibit "A". The response of the Notice to Bidders by Contractor was dated April 20, 2018, is attached hereto and incorporated by reference herein as Exhibit "B". Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. PURCHASE PRICE City shall pay Contractor a sum not to exceed Five Hundred Thirty -Six Thousand Two Hundred Twenty -Six Dollars and No Cents ($536,226.00) for two (2) 2018 Caterpillar 730C Articulated Dump Trucks. This price includes the discount of $210,000.00 for a trade-in of two (2) Richmond Sanitary District's CAT730 Articulating Dump Trucks from the $746,226.00 price for the two (2) 2018 Caterpillar 730C Articulated Dump Trucks (with a price of $373,113.00 per truck). The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. The price includes all shipping, handling and set up charges, with delivery to be to the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana during normal business hours of Monday through Friday from 6:00 A.M. to 3:00 P.M, excluding Holidays. Contract No. 93-2018 Page 1 of 3 The estimated delivery time for the above described equipment is within ninety (90) days of the execution date of this Purchase Agreement. SECTION IV. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. SECTION V. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. If any portion of this agreement is declared unenforceable by a comIor tribunal, all other portions shall remain in full force and effect. Any person executing this Purchase Agreement in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Purchase Agreement on behalf of the Contractor and that such authorization has not been revoked or rescinded. Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: ` ue Miller, President m�anBa�kshi. Vice President Greg Steins, Member Dated: �1 y APPROVED• q)avidow, M Dated: U "CONTRACTOR" MACALLISTER MACHINERY COMPANY, INC. By: WAq44a .,A Printed: f `0—++� j (3�� Title:[,es P Def a��vy %�IIr Dated: 4 - 22-- f Y Page 3 of 3 61 Minimum Specifications for 30 Ton Articulating Maul Truck The Richmond Sanitary District wishes to obtain two (2) new model 3 0 ton articulating haul trucks. The Richmond Sanitary District also wishes to trade-in two (2) CAT 730 haul trucks; SIN: AGF00769 & AGF00770. Please provide, on a separate sheet, explanation for any NO response. BASIC SPECIFICATIONS * Engine net power shall be at least 330 hp Y —'IN * Engine gross power shall be at least 350 hp y • N * Struck capacity shall be at least 17 cubic yards Y o N_ * Heaped capacity shall be at least 22 cubic yards y N * Rated payload shall be at least 31 tons Y N ENGINE Unit shall have an 6 cylinder, electronically controlled, direct injection, turbocharged diesel engine. YN_ The engine shall have a minimum peak torque of 1300 lb ft Y_ N_ * The engine shall have a compression brake retarding system for downhill operation y - ' N The engine shall be equipped with a two -stage air cleaner with service indicator lamp on the r instrument panel. Y , N * A 24-volt electrical system shall be provided. An alternator capable of maintaining fully charged batteries with all accessories ON, shall also be provided. Y, N_ A cold weather package that features an ether injection system starting aid shall be available Y_ .'N_ k A remote start receptacle with a ground level shut off shall be standard. y ' N A 24-volt to 12-volt converter shall be standard. y. N POWER TRAIN/TRANSMISSION Transmission shall be fully automatic, computer controlled, planetary gear design, neutral only start function, with a minimum of 6 forward gears and 1 reverse gear. Y= 'N_ The transmission control shall have a gear hold and selectable top gear function y N The hauler shall have a ground speed limiting function standard. y• N The torque converter shall have automatic lock -up in all forward gears. y ' N STEERING a- The turning radius shall be no more than 294 in y 'N BRAKES * The service brakes shall consist of a dual circuit system with hydraulic accumulators. Y � N_ * All three axles shall have service brakes that are fully hydraulic applied enclosed multiple disc brakes. Braking shall comply with ISO 3450 and SAE J1473 at the gross vehicle weight. Y3 N • The parking/emergency brake shall be a spring applied, oil pressure released disc brake with hydraulic accumulator. Y N HYDRAULIC SYSTE11 a' The hydraulic system shall consist of an engine driven load sensing variable displacement piston pump for steering, engine driven gear pump for hoist and brake cooling, variable speed hydraulic engine cooling fan, hydraulic driven cooling fan system. Y ` N_ The body hoist system shall have two single -stage double acting cylinders. Y N_ * The body rise time shall be no more than 12 seconds; body lower time shall be no more than 8 seconds. Y N a ' The hauler shall have hydraulic system test ports for the following systems: steering, hoist, brake, cooling fan. iT_ N— AXLES AND DIFFERENTIALS * All axles and differentials shall be controlled by a fully automatic Automatic Traction Control system, with no manual operator input. Y; N— * The hauler shall feature permanently connected 6-wheel drive. Y N_ * Differentials with wet clutched cross -axle diff locks for all axles shall be standard. Y, N * Inter -axle differential with wet clutched diff lock shall be standard. Y �N All axles shall have fully floating axle shafts with planetary gear reduction final drives. Y_- Both front and rear suspensions shall allow individual wheel movement independent of the frame and utilize cross stabilizers. Y_ N- * The rear suspension shall have a walking beam design with dampeners. Y_ N TIRES , * Hauler shall have six wheels. Y' N CAB * The cab shall be pressurized, heated, air conditioned, and filtered, ROPSNOPS tested and approved in accordance with SAE J1040ASO 3471 and SAE J231/ISO 3449 standards. Y_ N_ * The cab shall be insulated to minimize noise with internal sound level maximum of 76 dB(a) per ISO 6394 standard. Y N_ The operator's seat shall be air suspended, four-way adjustable, with flameproof upholstery, adjustable armrests and a retractable seat belt. Y_ N A fully cushioned front facing trainer's seat with retractable seat belt shall be fitted as standard. Y N_ Cab instruments shall include gauges for tachometer, fuel level, DEF level, engine oil pressure, , coolant temperature, torque converter oil temperature. Y_ N_ * A central warning system with visual and audible alarms shall be provided to monitor vital , functions. Y_, N— * The cab shall be radio ready (including speakers, antenna and radio mounting location). Y N * The cab shall have storage compartments for the operator's lunch box or tools. Y_ N_ * An on -board, electronic machine monitoring system with trouble shooting diagnostics capability to monitor alternator, coolant temperature, brake oil pressure, engine oil pressure, and fuel with cab display shall be provided. Y_ N_ * Laminated and tinted front glass window and toughened and tinted rear glass windows shall be , standard. Y. N_ * Heater and defroster shall be standard and air vents shall be adjustable. Y °N * Standard lighting shall include: cab interior, front, side, rear, two reversing/working lights, two Y stop/tail lights, front and rear direction indicators ,N— * Cab shall have full instrumentation Y_ N BODY r * The body shall have minimum hardness of 450 HB. Y_ F N_ * Body plate thickness shall be a minimum: front 0.28 in, sides 0.45 in, bottom 0.55 in. Y N_ x' Mud flaps shall be body mounted Y L- PROPOSAL SHEET Articulating lump 'Trucks Brand, Year and Model Number Price of Each Unit Price for Two (2) Articulating Trucks Trade In Value for Two (2) Cat 730 Haul Trucks f Total Quoted Price for Two Articulating Trucks (after trade-in value) Price Firm for How Long? Estimated )Delivery Time (after bid awarding/P.O.) a Example of estimate — 3 months..... Price to include all shipping, handling and set up charges. To be delivered to Richmond Sanitary District, 23 80 Liberty Avenue, Richmond, L-idiana during normal business hours of Monday through Friday from 6:OOA.M. to 3:00 P.M. — excluding holidays. Please include all warranty information with bid. Auth izeaz;Qnature Company Name Company Address Phone umber �l V Date Contact Person city, Stat Zip Lf�.brr A 3 03 CITY OF RICHMOND INDIANA INVITATION TO BID Two (2) Articulating Dump Trucks FOR RICHMOND SANITARY DISTRICT 6`Aco A /-1 INDEX INVITATION TO BID Bid Form See Attached Form Notice to Bidders 1 Page Invitation for Bid 1 Page STANDARD TERMS AND CONDITIONS Defmition A.l Departments A.2 Bidder & Contractor A.3 Estimated Quantities A.4 Addenda A.5 Bidding Documents B.1 Substitutions B.2 Demonstrations/Samples B.3 Data Privacy B.4 Bidding Procedures C.1 Bid Security C.2 Submission of Bids G.3 Bidder's Representation CA Modification or Withdrawal of Bid C.5 Delivery of Goods C.6 Consideration of Bids D.1 Rejection/Acceptance of Bids D.2 Bid Award D.3 Warranties, Guarantees & Maintenance D.4 Contract Documents E.1 Indemnification F.1 Workers Compensation Insurance F.2 Payments G.1 Method of Invoicing G.2 Damages for Delays G.3 Specifications Proposal Sheet Z5XY1 %1�+,Lir� � v 6� / INVITATION FOR BID This invitation is issued to establish a contract to supply the City of Richmond with a commodity or service in accordance with accompanying specifications. Specification For: Two (2) Articulating Dump Trucks Submit Bids Before 10:00 a.m. on Day of Bid Opening to: Board of Sanitary Commissioners Riclunond Sanitary District Administration Building 23 80 Liberty Avenue Richmond, IN 47374 Bid Opening: Time: 10:00 a.m. Date: April 24, 2018 Location of Bid Opening: Richmond SanitM District Administration Building 2380 Liberty Avenue Richmond, IN 47374 Bid Bond: 5% (See Section C.2) Performance Bond: N/A (See Section C.2) Labor & Materials Payment Bond: N/A (See Section C.2) Insurance/Workman's Compensation: N/A (See Section B_1.4 & F.2.1) Common Constructions Wages: N/A (See Section B.1.5 & See attached) Bid Form Included: Schedule of Values: YES YES Prescribed by the State Board of Accounts Form Number 95 (revised 1987) BID, OFFER OR PROPOSAL FOR SALE OR LEASE OF MATERIALS 1. Governmental Unit:: 2. County 3. Bidder (Firm): Address City/State 4, Telephone 5. Agent of Bidder (if applicable) (Defined at I.C. 36-1-2.9.5) (Please type or print) Date: April 20, 2018 Richmond Board of Sanitary Commissioners Wayne MacAllister Machinery Company Inc. 6300 Southeastern Ave. Indianapolis, IN 46203 317-545-2151 E.J. Fisher Pursuant to notices given, the undersigned offers bid(s) to (Governmental Unit) in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price and total amount. The contract will be awarded by classes or items, In accordance with specifications. Any changes or alterations in the Items specified will render such bid void as to that class or item. Bidder promises that he has not offered nor received a less price than the price stated in his bid for the materials included in said bid. Bidder further agrees that he will not withdraw his bid from the office in which it is filed. A certified check or bond shall be filed with each bid if required, and liability for breach shall be enforceable upon the contract, the bond or certified check or both as the case may be. Signature of Bidder or Agent BID OFFER OR PROPOSAL Attach separate sheet listing each item bid based on specifications published by governing body. Following is an example of the bid format: Class or Item Quantity Unit Description Unit Price Amount Caterpillar Two 730C Articulated Dump Truck $373,113.00 $746,226.00 Less Trade In One 730C Articulated Dump Truck $110,000.00 Less Trade In One 730C Articulated Dump Truck $100,000.00 STATE OF INDIANA ) NON -COLLUSION AFFIDAVIT )SS: COUNTY OF MARION ) The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. Cynthia Ann Stockton Notary Public Seal State of Indiana Marion County My Commission Expires 04/28/2024 Subscribed and sworn to before me this 20th day of April 2018 My Commission Expires: 4-28-2024 County of Residence: Marion MacAllister Machinery Co. Inc. Bidder (Firm) Signature of B' der or Agent Notary Public L�-"4" �'4 i3 q a� 7 Minimum Specifications for 30 Ton Articulating Maul Truck The Richmond Sanitary District wishes to obtain two (2) new model 30 ton articulating haul trucks. The Richmond Sanitary District also wishes to trade-in two (2) CAT 730 haul trucks; S/N: AGF00769 & AGF0077C. Please provide, on a separate sheet, explanation for any NO response. BASIC SPECIFICATIONS * Engine net power shall be at least 330 hp Y , IN * Engine gross power shall be at least 350 hp y,, /- N * Struck capacity shall be at least 17 cubic yards Y V N * Heaped capacity shall be at least 22 cubic yards y,/ N * Rated payload shall be at least 31 tons Y,/ N ENGINE Unit shall have an 6 cylinder, electronically controlled, direct injection, turbocharged diesel engine, Y_�,/ N_ The engine shall have a minimum peak torque of 1300 lb ft Y V, N_ The engine shall have a compression brake retarding system for downhill operation yam' N The engine shall be equipped with a two -stage air cleaner with service indicator lamp on the instrument panel. Y V N A 24-volt electrical system shall be provided. An alternator capable of maintaining fully charged batteries with all accessories ON, shall also be provided. Y V N A cold weather package that features an ether injection system starting aid shall be available YZ N * A remote start receptacle with a ground level shut off shall be standard. yAe/ N * A 24-volt to 12-volt converter shall be standard. yV N POWERTA N/TRANSMISSION Transmission shall be fully automatic, computer controlled, planetary gear design, neutral only start function, with a minimum of 6 forward gears and 1 reverse gear. YVN_ The transmission control shall have a gear hold and selectable top gear function yV N_ a` The hauler shall have a ground speed limiting function standard. y)j/ N The torque converter shall have automatic lock -up in all forward gears. y N STEERING * The turning radius shall be no more than 294 in yZ N "WZY Z71 The service brakes shall consist of a dual circuit system with hydraulic accumulators. Y i!" N_ All three axles shall have service brakes that are fully hydraulic applied enclosed multiple disc brakes. Braking shall comply with ISO 3450 and SAE J1473 at the gross vehicle weight. Y�,1 N_ y' The parking/emergency brake shall be a spring applied, oil pressure released disc brake with hydraulic accumulator. Y •'/ N HYDRAULICSYSTEM The hydraulic system shall consist of an engine driven load sensing variable displacement piston pump for steering, engine driven gear pump for hoist and brake cooling, variable speed hydraulic engine cooling fan, hydraulic driven cooling fan system. Y�%N The body hoist system shall have two single -stage double acting cylinders. YN * The body rise time shall be no more than 12 seconds; body lower tune shall be no more than 8 seconds. Y AN LAWN'- 3 50-� 7 The hauler shall have hydraulic system test ports for the following systems: steering, hoist, brake, cooling fan. Y -,IN AXLES AND DIFFERENTIALS * All axles and differentials shall be controlled by a fully automatic Automatic Traction Control system, with no manual operator input. YZ N_ * The hauler shall feature permanently connected 6-wheel drive. y__-,,/ N * Differentials with wet clutched cross -axle diff locks for all axles shall be standard, Y_-Z N_ * Inter -axle differential with wet clutched diff lock shall be standard. y,N * All axles shall have fully floating axle shafts with planetary gear reduction final drives. Y-v/N_ * Both front and rear suspensions shall allow individual wheel movement independent of the frame and utilize cross stabilizers. Yw- N * The rear suspension shall have a walking beam design with dampeners. YZN_ TIRES Hauler shall have six wheels. y 'IN CAB * The cab shall be pressurized, heated, air conditioned, and filtered, ROPS/FOPS tested and approved in accordance with SAE J1040/ISO 3471 and SAE J231/ISO 3449 standards. Y VN * The cab shall be insulated to minimize noise with internal sound level maximum of 76 dB(a) /N_ per ISO 6394 standard. Y The operator's seat shall be air suspended, four-way adjustable, with flameproof upholstery, adjustable armrests and a retractable seat belt. Y VIN_ * A fully cushioned front facing trainer's seat with retractable seat belt shall be fitted as standard. * Cab instruments shall include gauges for tachometer, fuel level, DEF level, engine oil pressure, j coolant temperature, torque converter oil temperature. Y `/ N_ * A central warning system with visual and audible alarms shall be provided to monitor vital functions. Y,/N * The cab shall be radio ready (including speakers, antenna and radio mounting location). y�N * The cab shall have storage compartments for the operator's lunch box or tools. Y-V IN * An on -board, electronic machine monitoring system with trouble shooting diagnostics capability to monitor alternator, coolant temperature, brake oil pressure, engine oil pressure, / and fuel with cab display shall be provided. Y V N_ * Laminated and tinted front glass window and toughened and tinted rear glass windows shall be standard. YV_ N_ * Heater and defroster shall be standard and our vents shall be adjustable. y� N * Standard lighting shall include: cab interior, front, side, rear, two reversing/working lights, two stop/tail lights, front and rear direction indicators Y . N * Cab shall have full instrumentation Y `� N BODY * The body shall have minimum hardness of 450 HB. Y �N * Body plate thickness shall be a minimum: front 0.28 in, sides 0.45 in, bottom 0.55 in. Y�N_ ` Mud flaps shall be body mounted Y N_ L PROPOSAL SHEET Articulating Dump Trucks Brand, Year and Model Number Price of Each Unit Price for:Two (2) Articulating Trucks Trade In Value for Two (2) Cat 730 Haul Trucks Total Quoted Price for Two Articulating Trucks (after trade-in value) Price Firm for How Long? Estimated Delivery Time (after bid awarding/P.O.) ® Example of estimate — 3 months..... - $ 1 C OC) un Price to include all shipping, handling and set up charges. To be delivered to Richmond Sanitary District, 2380 Liberty Avenue, Riclunond, Indiana during normal business hours of Monday through Friday from 6:OOA.M. to 3:00 P.M. — excluding holidays. Please include all warranty information with bid. Auth ize ignature >)i n` Company Name f "r,�1�-� Company Address (_3l Phone umber Date Contact Person City, StateJ,, Zip