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HomeMy Public PortalAbout059-2018 - Street-Southeastern Equipment-wheeled asphalt paverPURCHASE AGREEMENT ORIGINAL THUS PURCHASE AGREEMENT made and entered into this A�!6day of 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by dnd through its Board of Public Works and Safety (hereinafter referred to as the "City") and Southeastern Equipment Co., Inc., 4951 West 96'1' Street, Indianapolis, Indiana, 46268 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) Bomag CR352L wheeled asphalt paver (hereinafter referred to as "Vehicle") for the City of Richmond Street Department. Certain Bid Specifications dated February 16, 2018, have been made available for inspection by Contractor, are on file with the Director of the Office of Purchasing and the Office of the Street Department, are hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Bid Specifications is attached hereto as `Exhibit A", which Exhibit is dated March 8, 2018, consists of consists of seven (7) pages, and is hereby incorparated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." Delivery of any Vehicle that does not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described Vehicle. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written orx verbal request to receive such warranty. 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. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. No performance of services shall commence until the following has been met: 1.. The City is in receipt: of any required certificates of insurance; and 2. A purchase order has been issued by the Purchasing Department. SECTION 1I. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement, Contract No. 59-20I8 Page 1 of 5 SECTION III: COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the Vehiele, provided that Contractor's total compensation shall not exceed Two Hundred Seventy-six Thousand Eight Hundred Forty Dollars and Zero Cents ($276,840.00) for purchase of the Vehicle pursuant to this Agreement (with trade-in allowance for one (1) 1994 Blaw Knox paver). SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until delivery and acceptance of the Vehicle. Delivery is anticipated to be made within sixty (60) to ninety (90) days of execution of this Agreement. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at, least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a, failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION .AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub- contractors or by anyone directly or indirectly. employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Page 2 of 5 Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION V1. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3- 5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in hou of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran, In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION VIII. PROIIIBITION AGAINST DISCRIMINATION A. 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, Page 3 of 5 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. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color; sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute bout one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, 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. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. Page 4 of 5 In the event of any breach of this Agreement by Contractor, and in addition to any other damages or rcmedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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. 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 PUBLIC WORIES AND SAFETY By: Vicki Robinson, President By:,Q Date: ' APPROVED: Dav-i . Snow,'11 r� Date: d //1 Page 5 of 5 "CONTRACTOR" Southeastern Equipment Co., Inc. 4951 West 96' Street Indianapolis, IN 46268 Printed: W J7 Date: -11-17-I ' K ,, RID, OFFER OR PROPOSAL FOR SALE OR LEASE OF MATERIALS (Please type or print) ©ate;' 1, Governmental Unit: Rtc-Hma.,►t} 6TAewr- beAit'rmgor 2. County: _ 1n Aynt la Co a � 3, Bidder (Firm): f—Qv t PMEN-r Address: K451 t•,l 96,ra 67- CitylState: /ntQ"na�qea I t S 4. Telephone Number: S. Agent of SIdder (if applloable), Oii"'I I367VSO IJ Pursuant to notices given, -the undersigned offers bids) to IYJCMInenla 4rW&- (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 altera- tions In the items speolfled will render such bid vold 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 fur- ther 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 cer- tified check or both as the case may be. /T�� �� J" 5lgna1ure 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, mass or item uUnnilly unit Description PaV&R / W 1166CLIV -4 -9 °*'Wr R&0AG, Ole 3.5,9 4 PaNGP. N0N-.00LL1J_gI0N AFFIDAVIT EXHIBIT PAGE F F COUIPMfiNT Co. INC. NW SALESPERSON: Kim Benson CUSTOMER CONTACT: QUOTE PREPARED FOR: CITY OF RICHMOND _ 700 RICHMOND AVENUE RICHMOND, IN 47374 P:317-983-7225 DETAILED EQUIPMENT QUOTE MARCH7, 2018 FACILITY QUOTED FROM: 4951 West 96th. St., Indianapolis, IN 46268 Branch: (317) 872-4877 Mobile: (317) 266-9178 Email: kbenson@southeasternequlp.com OTE INFORMATION: Estimated Close Date: 03/08/2018 Account Number., 1377333 it item R. Product DescriptionEcJ 1 Bomag CR352L,16 It Electric Heat 1/2 -12 inch Paving Depth $281,040.00 Screed, Rubber Tire Paver 3 inch Positive & 1 Inch Negative Screed Crown Hydraulic Adjustable Screed Vibrators Adjustable Material Retaining Plates Dua€ Power Adjustable Feed Gates Heavy Duty Auger & Conveyor System 160 HP Turbocharged Diesel Engine. 12 Volt Electric Stu rting System with Heavy Duty Alternators .Fume System 10 Ton Hopper Capacity Oscillating Push Rollers All Standard Safety Features with Backup Beeper & Strobe Beacon Pressurized Diesel System for Wash Down Front Wheel Assist Three -Point Suspension ORTIWNS: Eicc i tl5 5p �ifig$ jtitt's Sgj7ic.Gracje & 5Jgpqi - Non Contact $7�aa:ao. •Oppasii 110tation 'Hartd Crank .$77:4.0p Rr6poi jo0 Agiailpg;Ald..%,4aQ.40 Total Pric $281,040,00 NOTES: EQUIPMENT WARRANTY AND DELIVERY INFORMATION: Warranty Type: Sold with standard manufacturer warranty. Delivery Method: Warranty Detail: See Attached Delivery Date: Delivery Info: 60-90 Days Delivery (800) 798-5438 € wwW.southeasternequip.com Revised SA.17 Page l *All Information and prices are subject to change prior to signed sales order. Description, specifications, hour meters and other Information may differ from actuals. Any finance Information presented on this quote is not a promise to finance or a guarantee of fates. Cif01l°111 - ►Yai-.r n _ .iow__q 4 Arl "EQUIPMENT co. INC. TRADE-IN EQUIPMENT: Fin Months • Rate • • Estimated Cost Term 1 Term 2 Term 3 % Terra 4 % Term 5 % Total Equipment Price $281,040.0D Estimated Trade -In Allowance $4,200.00 Trade -In Difference $276,840.00 Applied. Rent Carrying Charge Fuel, DEF & Other Freight/Trucking Title and License Fees TotalTradePayoff Total Price Before Tax 0$276,84q0.00 Sales Tax FET Tax Total Amount Due Down Payment Estimated Balance Due $276,840.00 ($00) 798-5438 ( www.southeasternequip.com Revised 5.1.17 Page 2 *All Information and prices are subject to change prior to signed sales order. Description, specifications, hour meters and other information may differ from actuals. Any finance information presented on this quote Is not a promise to finance or a guarantee of rates. �XI-19t31 i I®np '7 SMG FAYXT GROUP SUPER PAVER WEAR GUARANTEE BOMAG Americas provides the following prorated component wear guarantee calculated as described below, on the following components contained In asphalt pavers sold by a BOMAG distributor and manufactured in the model year 2013 and forward. Component Model Part Number Duration Rubber Track CR362 4661000304 3 Yrs.13000 Hrs Rubber Track ' CR462 4661000306 3 Yrs.13000 Hrs Rubber Track CR562 & CR662 4561000306 3 Yrs.13000 Hrs Slat Drive Chains 300, 400 & 600 Series 097042065901 3 Yrs.13000 Hrs Conveyor Floor Liners 300 Series 0970420680 5 Yrs.15000 Hrs Conveyor Floor Liners 400 & 600 Series 097042016603 5 Yrs.16000 Hrs Slat Bars 300,400 & 500 Series 097042067502 10 Yrs.110,000 Hrs In the event a component Is eligible for replacement as stated above, BOMAG Americas will provide a credit after the purchase of a replacement component and requested return and inspection of the original component. This Super Paver Wear Guarantee is not in lieu of BOMAG Americas standard limited warranty applicable to new asphalt pavers. Coverage under this Super Paver Wear Guarantee Is limited solely to the above listed components and shall be to the original owner ("Owner") of a registered BOMAG asphalt paver, commencing on the date thb asphalt paver Is first placed into service, whether such asphalt paver Is sold, rented or leased or one year after shipment from factory, whichever occurs first. BOMAG Amerlcas standard Ifm€ted warranty shall remain applicable to all new asphalt pavers. Any covered component of the asphalt paver that has unusual wear or damage due to cuts, snags, machine damage, wreck, collision, fire, chemical damage, misapplication, misuse, abuse, l6apropermaintenance or negligence, as determined in the sole discretion of BOMAG Americas after inspection are not covered under this Super Paver Wear Guarantee. The following additional conditions apply in determining when Components may be eligible for a credit towards the purchase of a replacement Component under the Super Paver wear Guarantee: Floor liners are .375' thick when now, and considered replaceable when worn to less than .125" thickness. Slat drive chains are approximately 30.75" when new and considered replaceable after reaching 31,96". When pins and bushings begin to wear on the chain, the length of the chain increases. To determine when to change a chain, measure length of ten (10) links and check outside diameter of the rollers. 1. Make sure both strands are under equal tension. 2. Measure ten (10) links of each chain. 3. Use the longest value to evaluate the wear. BOMAG Americas rubber tracks would be considered replaceable If less than 1 omm of tread depth Is remaining on the track. Slat Bars are considered replaceable when worn to less than 1" thickness. The applicable credit will be calculated based on the lesser of months or hours of operation and useable wear life remaining. As an example, if one of the rubber tracks listed above wears out after 2 years and 2500 hours of normal use, the applicable credit would be first calculated based on years of normal usage which would result In a 33.3% (1 yr remaining/3 yr guarantee) credit from the amount paid for the rubber track. The second calculatlon would be based on the hours of normal operation and would result in a 16.7% (500 hrs remalning13000 hr guarantee) credit from the amount paid for the rubber track. Therefore, the Owner would receive a 18.7% credit from the amount paid for the rubber track in accordance with the terms and conditions of this Super Paver Wear Guarantee. This credit should be requested through BOMAG Americas's warranty process. This Super Paver Wear Guarantee does not cover any costs associated with the transportation of the Components or asphalt paver, including without limitation, towing or hauling charges, crane rentals or other lifting devices, cost of tabor to install the new Component or remove the old Components, duties, taxes, or any other charges whatsoever. IN NO EVENT SHALL. BOMAG AMERICAS BE LIABLE FOR AND BOMAG AMERICAS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND NO MATTER HOW ARISING WHETHER CAUSED BY DELAY IN SHIPMENT OR OTHER CIRCUMSTANCE. BOMAG Americas' obligation and liability is expressly limited to replacing the applicable, qualifying Component at the discount set forth herein, provided that BOMAG Americas receives written notice of the defeot within thirty (30) days of Its discovery. If requested by BOMAG Americas, Owner must return worn components to BOMAG Americas' manufacturing facility or other location designated by BOMAG Americas for Inspection. Replacement Components under this program are provided FOB from the designated BOMAG Americas pads facility and shall be subject to BOMAG Americas' standard terms and conditions of sale. EXHIBIT - G �OF � 09/0612013 r Y.. vnwn U�Auj Fo►YAT GROUP y------,,...--:F,--------------Ru.bber Tire Asphalt Paver codarapidso 1 _��-: 2��r www.bomag.com/us �7 EXHIBIT PAGE� _I WHEELED ASPHALT PAVER SPECIFICATIONS The Richmond Street Department is soliciting bids for a Wheeled Asphalt Paver. The Street Department would like to trade-in a 1994 Blaw Knox PF 161 Paver. The Blaw Knox PF 161 Paver can be seen at 700 Richmond Avenue, Richmond Indiana, 47374. Minimum specifications are listed below: Specifications: • 8 ft. Screed with hydraulic extends to 13 ft. minimum to 16 ft. maximum. Screed to y& S ''..... have % inch thick bottom plate. • Screed heaters to be electric. Ye 5 '.., a Paving depth -- % inches to 12 inches Yff • Screed crown shall be 3 inches positive & 1 inch negative Yt 5 • Hydraulic adjustable screed vibrators Ye� S • Adjustable material retaining plates \(E s • Dual power adjustable feed gates Ye-5 ® Heavy duty auger and conveyer system *4E 5 • 158 - 160 HP Turbocharged Diesel engine. 12 Volt electhe starting system with heavy duty N4 alternator (130 amps or higher). • Hydrostatic transmission with work and travel speed tJe s • Fume system `l6 S • Hopper capacity —10 tons Y • Push Rollers Y e S • All standard safety features with backup beeper and strobe beacon 18 5 • Pressurized diesel systcrn for wash dowry '�E7 S • Front Wheel assist `l 5 • Three-point suspension Ye S • Mechanical grade and slope �rie��s ►F�cy The successful bid will be based on which company offers the lowest, most responsive and responsible bid. Operational ease, comfort, and serviceability will also be deciding factors. The following information must be included in your bid: 1) Cost of paver, including any discounts; allowance of trade-in; 2) Complete specifications of quoted paver including year, make, model, etc.; 3) Hours and warranty information; 4) Lead time. Please direct any questions concerning this bid to Larry Wood or T.L Bosell, Richmond Street Department at (765) 983-7225. EXHIBIT PAGE. `7 0 7