HomeMy Public PortalAbout077-2022 - MacAllister - new Caterpillar truck AGREEMENT
THIS AGREEMENT made and entered into this 1 7 day of Niay , 2022, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (referred to as the "City"), and MacAllister Machinery Company,
6300 Southeastern Avenue,Indianapolis, IN 46203 (hereinafter referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby agrees to retain Contractor to furnish it with a new current model Caterpillar D8T
sprocket crawler tractor with a semi-U blade and three shank ripper for use at its Landfill. City
shall trade in a 2019 Caterpillar D8T tractor, for which it will receive a credit as more specifically
set forth below, and in Exhibit `B". Contractor shall deliver the above-referenced item in a
commercially reasonably timeframe to a location as directed by City.
A Request for Quotes has been made available for inspection by Contractor, is on file in the
office of the Depat tinent of Sanitation for the City of Richmond, which is attached hereto and
incorporated by reference herein as Exhibit"A".
The response of Contractor to said Request for Quotes 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
and incorporated by reference herein as Exhibits, 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 the proper
completion of all work specified.
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/or warranties;
2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with
I.C. §22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
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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 work.
SECTION III. COMPENSATION
City shall pay Contractor the sum of Nine Hundred Fourteen Thousand Dollars and 00/100
($914,000.00) for the above-described tractor, less trade in value of the 2019 tractor, also
described above, in the sum of Four Hundred Forty Thousand Dollars and 00/100 ($440,000.00),
for a total purchase price of Four Hundred Seventy-six Thousand Dollars and 00/100
($476,000.00).
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Contract r10 77-2022
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Contract No. 77-2022
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and remain in full
force and effect until Contractor completes the services described herein, and within the attached
Exhibit.
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 thirty (30) days written notice specifying the
effective date and the reasons for termination which shall include but are not be limited to the
following:
a. failure,for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice,whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards 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.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement setting forth the reasons for such termination, the effective date, and in the
case of partial termination,the portion to be terminated.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty(30) days written notice to the other party.
In the event of termination of this Agreement, the City shall be required to make payment for all
work performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
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.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
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B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 aggregate
F. Malpractice/Errors &Omissions Insurance $1,000,000 each occurrence
$2,000,000 aggregate
SECTION VI. 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 lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
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SECTION VIII. 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 Board determines during the course
of this Agreement that this certification is no longer valid, Board 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 Board
that the Contractor has ceased investment activities in Iran within ninety (90) days after
the written notice is given to the Contractor, the Board may proceed with any remedies it
may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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 IX. PROHIBITION 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, 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 money
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.
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SECTION X. 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 which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement.
SECTION XI. 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.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement,including but not limited to, City's reasonable attorney's fees.
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.
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.
[Remainder of this Page Intentionally Left Blank. Signatures to Follow on Page Six]
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"CONTRACTOR"
MacAllister Machinery Company, Inc.
By: dia
(Printed):' 4,-c-A G- GL,Q,tgt
Title:/
Dated: ate,, 17l a2° -'-z-
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"CITY"
The City of Richmond, Indiana,by and
through its Board of Sanitary
Commissioners
iller, President
Dated: 1/
Aman Baks •
Dated: S= /o
G e. , Member
Dated: S -IC'
APPROVED:
Snow,
Dated: 651 ( 7/027Z___
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CITY OF RICHMOND
INDIANA
INVITATION
TO
BID
One (1) High Sprocket Crawler Tractor
FOR
RICHMOND SANITARY DISTRICT
PAGE 1j"
INDEX
INVITATION TO BID
Bid Form See Attached Form
Notice to Bidders 1 Page
Invitation for Bid 1 Page
STANDARD TERMS AND CONDITIONS
Definition A.1
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 C.3
Bidder's Representation C.4
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 El
Indemnification F.1
Workers Compensation Insurance F.2
Payments G.1
Method of Invoicing G.2
Damages for Delays G.3
Specifications
Proposal Sheet
E-Verify Requirements and Indiana Local Preference Claim Information enclosed.
PAGE OF
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Eiiu, OFFER.OR PROPOSAL FOR SALE OR LEASE F MATERIALS
• . (Please type or print)
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•
• Date: ,
1. Governmental Unit;
2. County: . ,
. 3.. Bidder (Firm): • •
• Address: •
City/State: ,
4
Telephone Number: • ' •
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. S. 'Agent af'B1cider (if applicable):
Pursuant to notices given, the undersigned offere bids to ,
governmental Unit) in accordance with the following attachments) which specify the class or Item number or
Iesoription, quantity, unit; unit price and total amount.
The contract win be awarded by classes or items,In accordance with specifications,Any charges or altera-
one In the"Items specified will render•such bid void as to,that class or Item: Bidder promises that he has not
ffered.nor received a less price than the price stated in his bid for the materials included in sold bid, Bidder fur
ter agrees that he will not withdraw his bid from the office in which It Is filed. A certified check or bond•shall
e flied with each bid if required, and liability for breach shall bp.enforceable upon the contract, the bond or car-
.
fled check or both.as the case .may be.
•
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'Signature of Blddar or Agent
•
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Bib OFP 1 0[ SAL .
Attach separate sheet listing each item bid based on specifications published by governing body.Following•
an example of the bid format: •
•Class 4r ROM4luanlfl Unit
Desorl .__Ilan unit Price Amount
•
•
• • ' NON-COLLUSION AFFIDAVIT •
l•AT,F OF INDIANA • • .
' COUNTY . es: •
.
The,undersigned bidder or agent,being duly sworn on oath,says that he has not,oresentative, or agent of the•firm, company,,corparatjon or partnership represented byhhim,anyntereddtit to any
mblnation, collusion Dr agreement with anyoInto any
prevent any person from bidding,nor to Inducer anyone to ref ain frthq om bidding,rice to be and hanyone
t this bid l such letting
without •
'erenoe to any other bid and Without any agreement, understanding or Combination with any other person i
`erenca to such bidding. •
He further says•that.no person or persons,firms, or.cotporation has;have or will receive d ..
any rebate, fee, gift, oarnmissloh or thing of value on account of such sale, Jrcactl�r ar lndJrset� .
. •
•
• •131dder(Firm) ,
a
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ubscrlbea and sworn to before me this BJgnaftlre of Blddar or Agent •
• day of r
commission Expires:
'anti/ of1:1PRlr'1F1nnc•
NOTICE TO BIDDERS
BOARD OF SANITARY COMMISSIONERS
RICHMOND,INDIANA
Notice is hereby given that sealed proposals will be received by the Board of Sanitary
Commissioners of the Richmond Sanitary District of Richmond, Indiana, at its office at
the Administration Building, 2380 Liberty Avenue, Richmond, Indiana, on Tuesday,
March 22, 2022, at 9:00 A.M., Eastern Daylight Time, for furnishing the following in
accordance with specifications on file at the Richmond Sanitary District, 2380 Liberty
Ave., Richmond, Indiana, and in the Office of Purchasing in the Municipal Building, 50
North Fifth Street,Richmond,Indiana.
One(1)High Sprocket Crawler Tractor with trade in
All proposals shall be properly and completely executed on a proposal form which is
included in the bid documents. All proposals submitted shall be accompanied by an
acceptable Bidder's Bond, Certified Check or Cashier's check made payable to the
Richmond Sanitary District in the amount of 5% of the total bid price. If the bidder is
from out-of-state, the Bidder's Bond must be secured by a Surety who is admitted to do
business in Indiana. Checks of the unsuccessful bidders will be returned on award of the
proposals. Specifications and bid forms may be secured from the Richmond Sanitary
District, 2380 Liberty Ave., Richmond, Indiana, 47374 or from the Purchasing Office, 50
North 5th St., Richmond, Indiana, 47374. All proposals should be placed in a sealed
envelope marked "Confidential-Bid Proposal" on outside of envelope.
The Board of Sanitary Commissioners of the Richmond Sanitary District of the City of
Richmond, Indiana, reserves the right to reject parts of bids as well as reserves the right
to reject any and all bids and re-advertise for same and to waive informalities or errors in
bidding.
Bidder will be required to comply with all applicable Equal Employment Opportunity
laws and regulations, including Section 504 of the Rehabilitation Act of 1983.
BOARD OF SANITARY COMMISSIONERS OF THE RICHMOND SANITARY
DISTRICT
Sue Miller
Aman Bakshi
Greg Stiens
Publish Dates: March 4 & 11,2022
P .
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: One(1)High Sprocket Crawler Tractor with trade in
Submit Bids Before
9:00 a.m. on Day of Bid Opening to: Board of Sanitary Commissioners
Richmond Sanitary District
Administration Building
2380 Liberty Avenue
Richmond, IN 47374
Bid Opening: Time: 10:00 a.m.
Date: March 22, 2022
Location of Bid Opening: Richmond Sanitary 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: YES
Schedule of Values: YES
EmerT IL
• STANDARD TERMS&CONDITIONS
ARTICLE A
INSTRUCTION TO BIDDERS
•
A. 1 DEFINITION:
•
A.1.1 City of Richmond. _
A.1.2 • The City is in Wayne County,apolitical subdivision of the State of Indiana.
A.2 DEPARTMENT'S:
A.2.1 The following are the departments that are under Richmond Code 41.02(h)Central Purchasing:
Park and Recreation,Police,Eire,Sanitary District(Liquid&Solid Waste),Clerk,Attorney,
Controller,Purchasing,Planning,Engineering,and all other City Government units such as
• Street Rose View Transit,and the Airport.
A.3 BIDDER AND.CONTRACTOR
•
A.3.1 A bidder is aperson or entity who submits a bid.
A.3.2 The contractor is the person or entity who enters into a contract with the City of Richmond to
furnish goods or services.
A.4 ESTIMATED QUANITTTES:
A.4.1 If the quantity set forth in the Invitation to Bid dnd Proposal is approximate and represents the
estimated requirements of the City for a specified period of time,the unit price and the extended
total price thereof shall be used only as a basis for the evaluation of bids. The actual quantity of
materials necessary maybe more or less than the estimate,but the City Shall neither be obligated
nor limited to any specific amount. The city will,if at all possible,restrict increases to 20•%of
the estimated quantity and will,if at all possible,restrict decreases to 20%of the estimated
quantity •
AS ADDENDA:
A.5.1 • An addendum is a wiitten instrument issued by the City of Richmond prior to the date for
receipt of bids which modify or interpret the bidding documents by addition,deletions,
clarifications or corrections.
A.5.2 Addenda will be mailed or delivered to all who are known by the Purchasing Department to
have received a complete set of bidding documents.
A.5.3 Copies of addenda will be made available for inspection-in the Purchasing Department
•
A.5.4 No addendum will be issued later than forty-eight(48)hours prior to the date and time for
receipt of bids except an addendum'withdrawing the request for bids or one which includes
postponement of the date of receipt of bids.
A.5.5 Each bidder shall ascertain prior to submitting his bid that he has received all addenda issued,
and.he shall acknowledge their receipt on the proposal of this bid.
•
•
ARTICLE B
INSTRUCTIONS TO BIDDERS
•
B.1 BIDDINGDOCUMENTS
B. 1.1 Bidders shall promptly notify the Purchasing Director of any ambiguity,inconsistency or error
which they may discover upon examination of the bidding documents.
•
B. 1.2 Bidders desiring clarification or interpretation of the bidding documents shall make a•written
request which Sha11 reach the Purchasing Director at least seven(7)days prior to the date and
time for receipt of bids.
•
B. 1.3 Interpretations,corrections,and changes to the bidding documents will be made by addendum.
Interpretations,and changes made in any other manner will not be binding and bidders shall not
rely upon such interpretations,corrections and changes.
B. 1.4 Insofar as Worker's Compensation is concerned,the bidder or contractor agrees to furnish an
official certificate or receipt of the Industrial Commission of Indiana,showing that he has paid
into the State Insurance Fund the necessary premiums,whenever such certificates are required
in the Invitation for Bid. (Section IC 22-3-2-14 will apply).
• B. 1.5 All common construction wage requirements(IC 5-16-7-1)will apply when applicable in the •
bid. Should common construction wage be required,the City will attach that schedule to the bid
package.
B.2 SUBSTITUTIONS
B.2.1 The materials,products and equipment described in the bidding documents establish a standard
of type,function,.and quality to be met by any proposal substitution.
B.22 Unless the particular specification prohibits substitutions,bidders are encouraged to propose '
materials,products or equipment of comparable type,function and quality.
•
B.2.3 Bids for substitute items shall be stated in the appropriate blank or lithe bid form does not
contain blanks for substitutions,bidders shall attach to the bid on company letterhead a
statement of the manufacturer and brand.name of each proposed substitution-plus a complete
description of the item.including descriptive literature,illustrations,performance and test data
• and any information necessary for an evaluation. The burden of proof of the merit of the.
proposed substitution is upon the bidder. Failure to comply could be grounds for rejection.
B3 DEMONSTRATION/SAMPLES
B.3.1 If required by the City,tho bidders shall demonstrate the exact model(s)proposed within.seven
(7)calendar days from receipt ofrequest from the City.
B.3.2 Demonstration should be in the City designated by Purchasing Director.
B.3.3 If bidder does not have a model in the Richmond area,it will be at the bidder's cost to send
appropriate City personnel to the nearest location to view proposed item(s).
B.3.4 If items being bid are small and mailable and bidder is bidding other than specified,the bidder
must supply a sample of the item proposed.
B.3.5 Sample must be,supplied on or-before the bid opening date.
B.3.6 Samples su lif re sted .n P a�P of goods.
B.4 DATA PRIVACY
B.4.1 Contractor agrees to abide by all applicable local,state and federal laws and regulations
concerning the handling and disclosure of private and confidential information concerning
individuals and corporations as to inventions,patents,anti patent rights. Then contractor agrees
to hold.the City of Richmond harmless front any claims resulting Rom.the contractor's unlawful
disclosure or use of private or confidential information.
B.42 All laws ofthe United States ofAmerica,the State of Indiana and City of Richmond are
applicable to the products or services covered herein,are made apart there
ARTICLE C
• INSTRUCTIONS TO BIDDERS
C.1 BIDDING PROCEDURE
C. 1.1 Bids shall be submitted on forms and proposal sheets included with the bidding documents.
C. 1.2 Appropriate blanks on the form shalt be filled in bymannaily printing in ink or by typing the
- requested information.
C. 1.3 Any inteilineation,alteration or erasure shall be initialed by the signer of the bid.
C.1.4 Bidders shall not change the bid form nor make additional stipulations on the bid form. If a
bidder wishes to amplify or qualify his bid,a statement that additional information is attached
shall be made at the appropriate place on the bid form and the amplifying or qualifying
information on the bidder's letterhead Asti'be attached to the bid form. The City of Richmond
may accept or reject amplified or qualified bids.
•
C. 1.5 In case of discrepancy between the unit prices and the extended figures,the unit price shall
govern-unless otherwise provided elsewhere in the specifications;the prices of the bidder shall
remain firm throughout the contract period and in any contract extension period.
C.1.6 Bath copy of the bid shall be signed by the person or persons legally authorized to bind the
bidder to a contract A bid submitted by an agent should have a current power of attorney
• attached certifying the agent's authority to bind the bidder.
C. 1.7 Bidder to submit bid in triplicate.
C.2 BID SECURITY
• C.2.1 If so stipulated in.the invitation for bids,each bid shall be accompanied by a •
certified check,cashier's check or bid bond executed by a surety authorized to
do business in.State of Indiana in the amount specified and made payable to the City of
Richmond pledging that the bidder will enter into a contract with the city on terms stated in his
bid and will,if required,furnish bonds as described in the invitation to bid governing the faithful
performance of the contract and the payment of all obligations arising. Should-the bidder refuse
to enter into such a contract or fail to furnish such bonds if required,the amount of the bid
• security shall be forfeited to the City of Richmond as liquidated damages,not as a penalty.
C.2.2 The City of Richmond shall have the right to retain the bid security of bidders to whom.an
award is being considered-until either(a)the contract has been executed and bonds,if required,
have been furnished,or(b)the specified time has elapsed so that the bids may be withdrawn,or •
(c)all bids have been rejected.
C.3 SUBMISSION OF BIDS
C.3.1 the bidder shall assume full responsibility for timely delivery at the location designated for
receipt of bids. Late bids will not be considered.
•
C.3.2 Oral;telephone or telegraphic bids are invalid and will not receive consideration.
2 PAC- 'F v fP
CA BIDDER'S REPRESENTATION
C.4.1 Each bidder by making his bid.represents that the bidder has read and understood the bidding
documents and his bidhas been made in accordance therein.
C.4.2 Each bidder for services further represents that the bidder has familiarized himself with the local
conditions under which the work is to be done and has correlated his observations with the
requirements of the bidding documents.
•
C.4.3 Each bidder agrees that he will not discriminate against any employee or applicant for
• employment because of race,color,religious creed,ancestry,physical handicap,sex or political
affiliation,and that he will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to race,color,religious creed,
physical handicap,ancestry,sex or political affiliation.
C.4.4 Each bidder shall be responsible for complying with any applicable affirmative action laws.
C.5 MODIFICATION OR WITHDRAWAL OF BID
C.5.1 A bid may not be modified,withdrawn or canceled by the bidder following the time and date
designated for receipt of bids and each bidder so agrees in submitting his bid.
C.5.2 Prior to the time and date designated for receipt ofbids,any bid.submitted may be modified or
withdrawn by notice to the Purchasing Director at the place designated for receipt of bids.
C.5.3 Withdrawn bids maybe resubmitted up to the time designated for the receipt of bids provided
that they are then fully in conformance with these instructions to bidders.
C.6 DELSVERY•OF GOODS
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C.6.1 All delivered goods are to be FOB Richmond,IN,unless otherwise stated in the
bid.
C.6.2 1The City reserves the right to inspect and have any goods tested after delivery for compliance
with the specifications. Notice of latent defects,which would make the items unfit for the
purposes for which they are required,may be given at any time within one(1)year after
discovery of the.defects.
•
C.63 All items rejected must be removed immediately bythe contractor at the
expense and risk ofthe contractor. If the contractor fails or refuses to remove
the rejected items,they may be sold by the City and the proceeds used to cover
all related expense incurred by the City.
C.6.4 In some cases,at the discretion ofthe City,inspection of the commodities or
equipment will be made at the factory,plant,or other establishments where
they are produced before shipment.
C.6.5 The above provisions shall not be constructed in limitation of any rights the
City may have under any laws including the Uniform Commercial Code.
C.6.6 If applicable,State'written approval is required before the release of any
- Bonds or payments will be made to contractor. orl
EXHIBIT A pAgE gip
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ARTICLE D
INSTRUCTIONS TO BIDDERS
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D.1 CONSIDERATION OF BIDS
D 1.1 ' The properly identified bids which have been received on time will be opened publicly and will
be read aloud. The bids are available for inspection after all bids have been read aloud.
D.2 REJECTION/ACCE'YTANCE OF BIDS
D.2.1 The City of Richmond shall have the right to accept or rej cot any and all bids. The City of
Richmond shall reject any bid not accompanied by the required bid security,and shall reject
bids that are incomplete or unsigned.
D.2.2 The City of Richmond shall reject all bids from bidders where there has been collusion between .
the bidders.
D3 BID AWARD
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D.3.1 It is the intent of the City of Richmond to award a contract to the lowest.responslble and
responsive bidder meeting specifications provided the bid.has been submitted in accordance
with the requirements of the bidding documents. The City shall have the right to waive any
informality or irregularity in.any bid(s)received;to accept or reject the bid(s)which in its
judgment is in its own best interest and to solicit new bids privately and to award to the best bid
•
so received.
D.3.2 Award will be based on the following(where applicable):
1. Adherence to all conditions and requirements of the bid specifications.
2. Total bid price(including any discounts),unit bid price or extended price.
3. General reputation and experience of bidders. •
4. Hourly rates for specified personnel.
5. Evaluation of the bidder's ability to service the City.
6. Financial responsibility of the bidder.
7. Prior knowledge of an experience with the bidder in terms ofpast
performance.
8. Needs and requirements of the City.
9. Experience with the products involved.
10. Nature and extent of company data famished upon request of the City.
11. Quantity of merchandise.
12. Product appearance,workmanship,finish,taste,feel and results of any
product testing(
13. Overall completeness of product line offered.
14. Locality in relation to the City,where prompt service may be required.
15. Bidder's ability to meet delivery and stocking requirements. •
16. Delivery date.
17. Maintenance cost and warranty provisions.
18. Repurchase,trade-in or residual value.
43 •
•
o • •
D.3.3 Unless otherwiseindicated in the invitation for bids,the City reserves the right to award the
contract in whole or in part,by item,by group of items or by section where such action serves
the best interest of the City.
D.3.4. Bids submitted on an"all or none'basis or similar basis will be evaluated against the total of
the low bids for the individual items-
D.4 WARRANTIES,GUARANTEES AND MAINTENANCE
• D.4.1 A copy of the mannfaet„rer's warranties and/or guarantees for the items bid must accompany
vendor's bid. A copy of your company's warranties and/or guarantees for the items bidding
also must accompany vendor's bid.
D.4.2 As a rninimi,m requirement of the City,the vendor will also guarantee,in writing,that any
defective components discovered within a one(1)year period following the date of equipment
acceptance shall be replaced by the vendor at no cost to the City.
D.4.3 Replacement parts of defective components shall be shippedto the City of Richmond at no cost
to the City. If defective parts are required to be returned to the vendor,the shipping costs shall
be borne by the vendor.
6 ,;T. PAS
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ARTICLE E
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE CONTRACT
E.1 CONTRACT DOCUMENTS
E. 1.1 Nothing in.the contract documents shall create any contractual relationship between the City and
the contractor's employees,subcontractors and their agents and employees and any other parties
furnishing goods and services to the contractor and their agents and employees.
E. 1.2 The contract documents consist of the invitation for bids,instructions to bidders,contractor's
bid form with attachments,if any,executed contract,conditions of the contract(general,
supplementary and other conditions),the specifications,all addenda issued prior to receipt of
the bids and all modifications issued after execution of the contract. A modification is(a)a
written or supplement to the contract signed by b oth parties or(b)purchase release issued by the
City or(c)change order.
E. 1.3 The contract documents form the contract This contract represents the,entire and integrated
agreement between parties hereto and supersedes all prior negotiations,representations or
agreements,either written or oral.
E. 1.4 The issue of a purchase order that is in accordance with the specifications represents a contract
• Should vendor find purc.hace order to be incorrect,said vendor must notify Purchasing Director
within twenty four(24)hours of purchase order date.
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•
•
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ji3OF lvt
EXHOSIT PAGE
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ARTICLE F •
JNSTRUCTIONS TO BIDDERS •
INDEMNIFICATION,INSURANCE,AND PROTECTION OF LIVES AND PROPERTY
•
F.1 INDEMNIFICATION •
F.1.1 The contractor sha11 indemnify and hold harmless the City of Richmond and its officers and
employees from.and against all claims,damages,losses,expenses,including but not limited to
attomey's fees,arising out of or resulting from the performance of the contract,provided that.
any such cla ifn,damage,loss or expense(a)is attributable to bodily injury,sickness,disease or
death,or to injury to or destruction of tangible property(other than goods,materials and
equipment furnished under this contract)including the loss of use resulting there from,and(b)
is caused in whole or in part by any negligent act or omission of the contractor,any
subcontractor,or anyone directly employed by any of them or anyone for whole acts any of
them may be liable,regardless of whether or not it is caused in part by a party indemnified
hereunder.
F. 1.2 • In any and all claims againstthe City or any of its officers or employees by any employee ofthe
contractor,any subcontractor,anyone directly or indirectly employed by any ofthem or anyone
for whose acts any of them may be liable,the indemr►ification obligation under this paragraph
G.1 shall not be limited in any way by any limitation ofthe amount or type of damages,
. compensationor benefits payable by or for the contractor or any sub-contractor under worker's
or workmen's compensation acts,disability benefit acts or other employee benefit acts.
•
F.2 WORKER'S COMPENSATION JNSURANCE
F.2.1 For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22-
3-2-14(a)bidders are required to famish a certificate from the Indiana Worker's Board
showing that such bidder has complied with•IC 22 3 2 5,22-3-5-1 and IC 22 3-5 2.
F.3 ]NSIJRANCE •
F.3.1 The Contractor shall,as prerequisite to This Agreement,purrbase and-thereafter maintain such
insurance as will protect him 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 who.directly or indirectly employed by any
of them,or by anyone for whose acts any of them maybe liable.
C
F.3.1 •
(can't)
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Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability •
Section 1. Bodhy Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section2, Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
• F. Malpractice/Errors&Omissions $1,000,000 per claim
Insurance
$2,000,000 each aggregate
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• !!,29(
A • Pie
9�4
ARTICLE G
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS OF THE CONTRACT
G.1 PAYMENTS
G. 1.1 The City is not subject to federal excise taxes. Federal Tax Exemption RegistryNumber is 35-
6001174.
G. 12 The City is not subject to the Indiana sales and use taxes on the purchase of goods and other
materials. Where the contract includes the combination of labor and material,the contractor
shall pay the Indiana sales and use taxes on the materials only.
G2 METHOD OF INVOICING FOR PAYMENT
G.2.1 No contract will be official for services or materials unless a purchase order has been issued.
G.22. Contractor shall bill the City:(a)on regular invoice form giving a complete and detailed
description of the goods delivered,including purchase order number;and(b)lithe contractor
allows a cash discount,the period of time in which the City mot make payment to qualify for
discounts shall be computed from the date the City received the invoice(completely filled out),
or the date the goods are delivered and accepted,whichever may be later,and shall be for not
less than thirty(30)days and(c)if more than one shipment is made under the contract,the City
will make partial payments on a basis that is agreeable to both parties.
G.23 Payments under this contract will be made in the manner provided by law for payments of
claims against the City.
G.2.4 No payment will be made for production overruns in.excess of the quantity ordered by the City
(unless with prior written approval).
G.2.5 No payment shall constitute an acceptance of any goods or services not in accordance with the
requirements of the contract.
G.2.6 Schedule of values may be used in contractual work. City will so designate if applicable. (See
Invitation for Bid Page)
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G3 DAMAGES FOR DELAYED DELIVERY AND/OR CONTRACTUAL SERVICES
G.3.1 In the event delivery of completed item.or items bid and/or unaccomplished contractual
completion date is delayed beyond bidder's specified date,the City of Richmond will assess
certain damages of /day. Certain damages will apply in all cases except the following:
In the event delivery and/or completion of contract shall be necessarily delayed because of
strike,injunction,government controls,or by reason of any other cause of circumstances
beyond the control of the contractor,the time of completion of delivery shall be extended by a
number of days to be determined in each instance by mutual agreement between the City of
Richmond and the contractor. Should there be damages assessed,the City will have the right to
deduct the(Images from the payment to be made to contractor.
poill3rT -P 14 OF to
Minimum Specifications for a High Sprocket Crawler Tractor
The Richmond Indiana Sanitary District wished to obtain one(1)current model high sprocket crawler
tractor with semi-U blade and three(3)shank ripper for Landfill use. The Richmond Sanitary District also
wishes to trade in a 2019 Caterpillar D8T crawler tractor with semi-U blade and three(3)shank ripper.
The machine is available for inspection at the Landfill. For information contact Darren Duncan at 765-
983-7457.
Minimum Specifications Met Yes No
1 Operating Weight: Not Less than 87,500 lbs — —
2 Engine: Engine must be Tier IV Final and meet all emissions standards set _ —
forth by the US EPA, must be four(4)stroke,six(6)cylinder,turbo charged
diesel,with no less than 310 horse power(IS09249/SAE J1349) NET.
Engine must be equipped with:
a. An alternator of 150 amps minimum _
b. Maximum governed speed of 1850 RPM at rated horsepower
c. Machine to be equipped with water separator on engine _
d. Machine shall be equipped with 24 volt electrical system
e. Engine air cleaner to have a service indicator
f. Engine to be equipped with an electrical priming pump
g. Engine Urea system to purge lines each time engine is turned off
h. Engine to have a 120Volt Engine Coolant Heater(cold start)
i. Engine to have Single Tilt Reversing Fan Radiator Fan
Transmission:shall be controlled by a single control for direction&speed
a. Transmission shall have at least 3 speeds fwd and 3 speeds reverse
b. Transmission shall have a reverse speed of at least 8.8 mph, 6.6 mph fwd
c. Transmission shall be a planetary type power shift with torque converter _
d. Transmission shall have auto-shift and auto-kickdown features
Steering:
a. Machine must have integrated electronic steering and transmission shall be
available through the tractor manufacturer.
awn !f, p ,"=„SGF
Hydraulics:Hydraulics shall be protected,and controls shall have a load sensing variable
Displacement piston pump to adjust hydraulic flow to implement demands
a. Machine shall have a single lever for dozer control functions
b. Hydraulic Controls must be a 3 spool valve,and cylinders have 2 way pressure _
Undercarriage:
Must be an Elevated Sprocket design with suspended undercarriage
a. Shall be reinforced box section and tubular track roller frame to resist
Bending and torsional loads
b. Shall have bolt on replaceable sprockets for easy replacement without
Breaking the track in half
c. Track shoe width to be 26"width,single grouser with trapezoidal holes
d. Length of track to contact ground to be a minimum of 126"
e. Final Drives shall be fully enclosed,double reduction, planetary design _
f. Final Drives shall be elevated from ground-induced shock loads
g. Tracks must be hydraulically adjustable,sealed and lubricated _
h. Machine shall have Positive Pin Retention track for
excellent durability in high impact applications
Operators Station:
a. Modular Enclosed Cab to include ROPS,Sound Suppression,seat Belt. _
b. Cab shall include Air Conditioning, Heater,and Contour Suspension Seat
c. Cab shall include adjustable arm rests,and controls easy to reach
d. Cab to include a 12 Volt,10 amp convertor
e. Cab shall be 12 or 24 volt radio ready and be equipped with speakers,
Antenna,all wiring and AM/FM radio
f. Cab to include a decelerator pedal to modulate ground speed
g. Easy to reach grab handles for safely reaching operator station _
h. Machine to be equipped with operator presence detection system to
Prevent accidental machine or implement movement when operator
is not in seat.
Braking:
a. Machine to have a single pedal on floor for both tracks
b. Machine to have an electronic Parking Brake _
I III,_ 2 P li CdF
Lighting and Electrical: Yes No
a. Must have at least 2 lights front and 2 lights rear facing for night work —
b. Must have a starting/charging receptacle — —
c. Must be equipped with a 24 volt to 12 volt convertor with 2 outlets — —
d. Must be equipped with back up camera from factory — —
e. Must be equipped with back up alarm — —
Implements:
a. Bulldozer(Blade)must be a semi-U with push plate and hydraulic tilt
b. Blade must be a minimum of 12 feet,9 inches over the End Bits
c. Blade Height shall be a minimum of 5 feet,5 inches
d. Blade must have trash guard on top
e. Ripper to be manufactured with machine, by machine manufacturer
f. Ripper to be multi shank with three(3)shanks,shank guards,teeth _
Guards:
a. Trash guarding to include chassis and idler seal guards — —
b. Tilt Line cylinder guards
c. Pivot Shaft Seal Guards _
d. Fuel Tank Guard _
e. Laminated Thermal Shield Covering stack for fire safety _
f. Final Drive and sprocket trash guarding from manufacturer of tractor — —
Misc:
Machine must include dual fire suppression in bid
Warranty: One Year of total machine coverage
3 Years or 5000 hours of complete Powertrain Coverage
Successful bidder shall provide Richmond Sanitary District a set of Manuals — —
including parts book,operator manual,and service manuals
EXHIBIT_a==,PAGE JL�
Successful Bidder will provide a minimum of 2 hours training to RSD operators
and service personnel
Successful bidder will deliver machine F.O.B.5242 New Paris Pike, Richmond,IN
Machine must be delivered by 4/30/2022
Proposal.Sheet.
Brand and Model of unit Bid
Price of unit Bid
Trade Value of 2019 Caterpillar DST(AW400852)
Price firm for how long
Delivery estimate
Sales Person Title
Company Name Date
Price to include shipping,handling,and set up charges. To be delivered to the New Paris Pike Landfill,
5242 New Paris Pike, Richmond, Indiana.
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=' T�_4_._PAS 20 OF '
Indiana Local Preference Cllaim:
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Definitions: •
•
Affected County—Wayne County or an adjacent county.
Local Indiana Business—A business whose principal place of business is in an Affected County; a
business that pays a majority of its payroll(in dollar volume)to residents of Affected Counties; or a
business that employees residents of Affected Counties as a majority of its employees.
•
Local Preference Documentation
If the Bidder is claiming local preference as defined by Indiana Code 5-22-15-20.9,it shall include such
claim with its Bid. In addition the Bidder shall submit, as a Post-Bid submittal, all documentation
required by the Local Indiana Preference form.
If the Bidder is a Joint Venture and is claiming local preference pursuant to'Indiana Code 5-22-15-20.9,
the Bidder shall submit all post bid documentation as required by the Post-Bid submittals. In
determining whether the Joint Venture qualifies as a Local Indiana Business, as defined by Indiana Code-
5-22-15-20.9,the Owner will evaluate the Joint Venture by combining each business's total payroll,
payroll paid to residents of Affected Counties,total number of employees, and total number of
employees who are residents of Affected Counties. Further, each part of the Joint Venture shall submit
the location of it's principal place of business will be a consideration in whether the Joint Venture
qualifies as a local Indiana business_ The Owner will determine whether the Joint Venture qualifies as a
Local Indiana business. The total overall Joint Venture must qualify as a Local Indiana Business to
receive the local preference as defined in Indiana Code 5-22-15-20.9.
Subject to Indiana Code 5-22-15-20.9, award of the Contract will be made to the lowest,responsive and
responsible Bidder,where the Bid is reasonable and does not exceed the funds available for the project.
The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, .
' omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a
substantial competitive advantage over other Bidders.
•
•
I[NDIANA LOCAL PREFERENCE+SCE CLAM
(Only fgl out this Part if claiming to be a Local Indiana. !ruushness)
Pursuant to Indiana Code 5-22-15-20.9,
(Name of Business)
Claims a local Indiana business preference for the bid for Project .
•
in Wayne County,Indiana
(Name of Project)
The Claim of applicability of the Local Indiana Business preference is based upon the following
(Check all that apply) •
❑ 1. The location of the Business's principal place of business is:
A) in Wayne County, or
B) in an adjacent county ••
❑ 2. The majority of the business's payroll,for the previous twelve(12)months from the
date of this Bid,is to residents in Wayne or an adjacent county.
❑ 3. The majority of the business's employee's,for the previous twelve(12)months from
the date of this Bid, axe residents of Wayne or an adjacent county.
If business is deemed to be the apparent low bidder,business shall provide information pursuant to
Post-Bid submittal(Local Indiana Business Preference),to substantiate the claim of a local Indiana
business.
Pam./.� LP
POST BID SUBMITTAL
Local Indiana Business Preference
Pursuant to the City of Richmond Bidding and Contract Requirements,this application for the local
Indiana business,pursuant to Indiana Code section 5-22-15-20.9,is hereby submitted for the Project
listed below by Bidder/Applicant(hereinafter Bidder). (Use additional sheets if necessary.)
Date Bid Submitted: Project Number:
Project Name:
Bidder:
Contact Name: Phone Number:
Principal Place of Business:
Number of Months Address has been Principal Place of Business:
Number of all Employees for the twelve (12)months prior to the date of Bid submission:
Number of Employees who were residents of Affected Counties for the twelve(12)months prior to
the date of Bide submission:
I. If the Bidder claims it is a local Indiana business because the Bidder's principal place of business
is in Wayne County or an adjacent county, give a statement explaining the reasons the business
considers the location named as the business's principal place of business:
2. In order to claim local preference pursuant to Indiana Code section 5-22-15-20.9,the Bidder
must supply below its total payroll and the amount of the business's payroll paid t residents of
Affected Counties for the previous twelve(12)months from the date of the Bid.
a. Total Amount of payroll paid to all employees of Bidder in the previous twelve(12)
months from the date of the Bid: $
b. Total Amount of payroll paid to residents of affected counties for the previous twelve
(12)months from the date of the Bid:
Bidder shall supply supporting payroll records sufficient for Owner to establish the above
representations. When supplying supporting records, !::idder shall redact all Social Security
Numbers �P
•
IE-Verify equiremeuts:
Definitions:
E-Verify Program—A electronic verification of work authorization program of the Illegal
Tmmigration Reform and Tmmigration Responsibility Act-of 1996(P.L. 104-208),Division C,Title
IV,s.403 (a),as amended, operated by the United States Department of Homeland Security or
successor work authorization program designated by the United States Depart of Homeland Security
or other federal agency authorized to verify the work authorization status of newly hired employees
under the Trnmigration.Reform and control Act of 1986 (P.L.99-603).
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in accordance with
Indiana Code 22-5-1.7-11 (a) (2); and .. •
3. A purchase order has been issued by the Purchasing Department.
m mmm Om m m m mm G 3 Gm mm m m mmmm mmm mm mm mm mD mmm m m m m mm m m mm m m m®m mm mmm mm UB mm m m mm mm m m m mm m m Gm mm IIm mcip
COMPLIANCE LIANCE WITH INDIANA lE-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility
status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor
is not required to verify the work eligibility status of all newly hired employees of the contractor through
the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the
performance of the Agreement, Contractor shall provide to the City its signed Affidavit affirming that
Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7(a)(2). In
the event Contractor violates IC 22-5-1.7 the Contractor shail be required to remedy the violation no
later than thirty(30) days after the City notifies the Contractor of the violation. If the Contractor fails to
remedy the violation within the thirty(30) day period provided above,the City shall consider the
Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City •
determines that terminating this Agreement would be detrimental to the public interest or public
property,the City may allow this Agreement to remain in effect until the City procures a new contractor.
If this Agreement is terminated under this section,then purs>>ant to IC 22-5-1.7-13 (c)the Contractor
will remain liable to the City for actual damages.
9‘12
Affidavit of Employment Eligibility Verification
The Contractor, , affirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United.States citizen or
qualified alien.
The Contractor has not knowingly employed or contracted with an unauthorized alien and shall
not retain an employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified
the work eligibility status of all newly hired employees of the contractor through the Indiana E-
Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification.throng out the duration of the term of a contract with a subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this day of ,20
(signature)
(printed name)
p o
•
IRAN INVESTMENT ACTIVITIES
Pursnat 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 dmthig 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 RD-cement
upon the expiration of the ninety(90) day period set forth.above.
Prescribed by the State Board of Accounts Form Number 95(revised 1987)
L9 FFER OR PROP *SAE FOR SALE O► LEASE OF MATERIALS
(Defined at 1.C.36-1-2.9.5)
(Please type or print) •
•
Date: March 22,2022
1.Governmental Unit:: Board of Sanitary Commissioners Richmond Sanitary District
2.County Wayne
3.Bidder(Finn): MacAllister Machinery Company Inc.
Address 6300 Southeastern Ave.
City/State Indianapolis,IN 46203
4,Telephone 317-545-2151
5.Agent of Bidder(if applicable): 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 e e orce le upon the contract,
the bond or certified check or both as the case may be. -
Sigtkitteror-A-gent
OFFER 0;" 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 One DST Crawler Tractor $916,400.00
Less Trade in One D8T Crawler Tractor -$440,000.00
•
NON-COLLUSION AFFIDAVIT
STATE OF LIANA )
)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.
MacAllister Machinery Co.Inc.
Cynthia Ann St'ac°den )
Notary Public Seal Seale of Indiana
Marion County
My Commission moires 04/28/2024
SiKli.fre of Bidder or Agent
Subscribed and sworn to before me this 22 day March 2022
MyCommission Expires: 4-28-202,- •- ''� P I
P Notary Public
POST 11 E D SUBMITTAL
Local Indiana Business Preference
Pursuant to the City of Richmond Bidding and Contract Requirements,this application for the local
Indiana business,pursuant to Indiana Code section 5-22-15-20.9,is hereby submitted for the Project
listed below by Bidder/Applicant(hereinafter Bidder). (Use additional sheets if necessary.)
Date Bid Submitted: Project Number:
Project Name:
Bidder: tikQ G 5AC". MG.AL.i .ci'
Contact Name: Phone Number:
Principal Place of Business: (I300 Sate ilrk et5ir it , '.mod f rto f e lS ) L 3J Le10 3
Number of Months Address has been Principal Place of Business:
Number of all Employees for the twelve(12)months prior to the date of Bid submission:
Number of Employees who were residents of Affected Counties for the twelve(12)months prior to
the date of Bide submission: he/
1. If the Bidder claims it is a local Indiana business because the Bidder's principal place of business
is in Wayne County or an adjacent county, give a statement explaining the reasons the business
considers the location named as the business's principal place of business:
2. In order to claim local preference pursuant to Indiana Code section 5-22-15-20.9,the Bidder
must supply below its total payroll and the amount of the business's payroll paid t residents of
Affected Counties for the previous twelve (12)months from the date of the Bid.
a. Total Amount of payroll paid to all employees of Bidder in the previous twelve(12)
months from the date of the Bid: $
b. Total Amount of payroll paid to residents of affected counties for the previous twelve
(12)months from the date of the Bid:
Bidder shall supply supporting payroll records sufficient for Owner to establish the above
representations. When supplying supporting records,Bidder shall rr,1i act all Social Security
Numbers
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Minimum Specifications for a High Sprocket Crawler Tractor
The Richmond Indiana Sanitary District wished to obtain one(1)current model high sprocket crawler
tractor with semi-U blade and three(3)shank ripper for Landfill use. The Richmond Sanitary District also
wishes to trade in a 2019 Caterpillar DST crawler tractor with semi-U blade and three(3)shank ripper.
The machine is available for inspection at the Landfill. For information contact Darren Duncan at 765-
983-7457.
Minimum Specifications Met Yes No
1 Operating Weight: Not Less than 87,500 lbs
—
2 Engine:Engine must be Tier IV Final and meet all emissions standards set 7-
forth by the US EPA,must be four(4)stroke,six(6)cylinder,turbo charged
diesel,with no less than 310 horse power(IS09249/SAE J1349) NET.
Engine must be equipped with:
a. An alternator of 150 amps minimum _
b. Maximum governed speed of 1850 RPM at rated horsepower
c. Machine to be equipped with water separator on engine
d. Machine shall be equipped with 24 volt electrical system
e. Engine air cleaner to have a service indicator _
f. Engine to be equipped with an electrical priming pump _
g. Engine Urea system to purge lines each time engine is turned off _
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h. Engine to have a 120Volt Engine Coolant Heater(cold start) _
i. Engine to have Single Tilt Reversing Fan Radiator Fan
Transmission:shall be controlled by a single control for direction&speed
a. Transmission shall have at least 3 speeds fwd and 3 speeds reverse
b. Transmission shall have a reverse speed of at least 8.8 mph,6.6 mph fwd
c. Transmission shall be a planetary type power shift with torque converter x
d. Transmission shall have auto-shift and auto-kickdown features
Steering:
a. Machine must have integrated electronic steering and transmission shall be
available through the tractor manufacturer.
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Hydraulics:Hydraulics shall be protected,and controls shall have a load sensing variable
Displacement piston pump to adjust hydraulic flow to implement demands
a. Machine shall have a single lever for dozer control functions —
b. Hydraulic Controls must be a 3 spool valve,and cylinders have 2 way pressure Tr4
Undercarriage:
Must be an Elevated Sprocket design with suspended undercarriage
a. Shall be reinforced box section.and tubular track roller frame to resist
Bending and torsional loads
b. Shall have bolt on replaceable sprockets for easy replacement without _
Breaking the track in half
c. Track shoe width to be 26"width,single grouser with trapezoidal holes
d. Length of track to contact ground to be a minimum of 126"
e. Final Drives shall be fully enclosed,double reduction,planetary design
f. Final Drives shall be elevated from ground-induced shock loads
g. Tracks must be hydraulically adjustable,sealed and lubricated _
h. Machine shall have Positive Pin Retention track for _
excellent durability in high impact applications
Operators Station:
a. Modular Enclosed Cab to include ROPS,Sound Suppression,seat Belt.
b. Cab shall include Air Conditioning, Heater,and Contour Suspension Seat
c. Cab shall include adjustable armrests,and controls easy to reach _
d. Cab to include a 12 Volt,10 amp convertor
—
e. .Cab shall be 12 or 24 volt radio ready and be equipped with speakers,
Antenna,all wiring and AM/FM radio
f. Cab to include a decelerator pedal to modulate ground speed _
g. Easy to reach grab handles for safely reaching operator station
h. Machine to be equipped with operator presence detection system to f
Prevent accidental machine or implement movement when operator
is not in seat.
Braking:
a. Machine to have a single pedal on floor for both tracks
b. Machine to have an electronic Parking Brake —
. .
Ate- PAGE i
Lighting and Electrical: Yes No
a. Must have at least 2 lights front and 2 lights rear facing for night work
b. Must have a starting/charging receptacle
c. Must be equipped with a 24 volt to 12 volt convertor with 2 outlets
d. Must be equipped with back up camera from factory
—
e. Must be equipped with back up alarm —
;.
Implements:
a. Bulldozer(Blade)must be a semi-U with push plate and hydraulic tilt
• b. Blade must be a minimum of 12 feet,9 inches over the End Bits _
c. Blade Height shall be a minimum of 5 feet,5 inches
d. Blade must have trash guard on top
e. Ripper to be manufactured with machine,by machine manufacturer _
f. Ripper to be multi shank with three(3)shanks,shank guards,teeth
Guards:
a. Trash guarding to include chassis and idler seal guards —
. .
b. Tilt Line cylinder guards
c. Pivot Shaft Seal Guards
—
d. Fuel Tank Guard
e. Laminated Thermal Shield Covering stack for fire safety j•
f. Final Drive and sprocket trash guarding from manufacturer of tractor
Misc:
Machine must include dual fire suppression in bid
Warranty: One Year of total machine coverage
3 Years or 5000 hours of complete Powertrain Coverage —
Successful bidder shall provide Richmond Sanitary.District a set of Manuals - •
including parts book,operator manual,and service manuals
EXHIBT7 PAGE
Successful Bidder will provide a minimum of 2 hours training to RSD operators,
- —
and service personnel
Successful bidder will deliver machine F.O.B.5242 New Paris Pike,Richmond,IN ?(.
Machine must be delivered by 4/30/2022
Proposal Sheet
Brand and Model of unit Bid CM nri Wsi
Price of unit Bid qi 00,
Trade Value of 2019 Caterpillar DST(AW400852) IMOO OhLf) 6)6'
Price firm for how long 1/30/2402.L
Delivery estimate
Sales Person Title kay Ptc-4,-1-,. Mt (—
Company Name frk..ea. Date .3-3 -0_02 2—
Price to include shipping,handling,and set up charges. To be delivered to the New Paris Pike Landfill,
5242 New Paris Pike, Richmond, Indiana.
Agiqe**---074
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EXHIBIT IPA
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Affidavit of Employment Eligibility Verification
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The Contractor, Mthc tie ��' ta6�,¢9�1.4''il■ a under the penalties of perjury that
Contractor does not knowingly employ an imautho ed alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United States citizen or
qualified alien.
The Contractor bas not knowingly employed or contracted with aniinauthorized alien and sha11
not retain an employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien.. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified
the work eligibility status of all newly hired employees of the contractor Through the Indiana E-
Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor bas enrolled and is participating in the E-Verify program. The Contractor will
maintain this certification throngi,out the duration of the term of a contract with a subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this day of ,20
1511
(printed name)
EXHIBIT 13___PAGE
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]NDIIANA LOCAL PREFERENCE CLAIM
(Only ifi➢[out this Part if c i iris Tug to he a Local!Indiana Business)
Pursuant to Indiana Code 5-22-15-20.9, .A •
(Name of B mess) -
Claims a local Indiana.business preference for the bid for Project •
• in Wayne County,Indiana
(Name of Project)
The Claim of applicability of the Local Indiana Business preference is based upon the following
(Check all that apply) •
❑ 1. The location of the Business's principal place of business is:
A) in Wayne County,or
B) in an adjacent county
0 2. The majority of the business's payroll,for the previous twelve(12)months from the
date of this Bid,is to residents in Wayne or an adjacent county.
0 3. The majority of the business's employee's,for the previous twelve(12)months from
the date of this Bid, are residents of Wayne or an adjacent county.
If business is deemed to be the apparent low bidder,business shall provide information pursuant to
Post Bid submittal(Local Indiana Business Preference),to substantiate the claim of a local Indiana
business.
ExHiBir
o- -
BID BOND TRAVELERS CASUALTY AND SURETY Cs,MANY OF AMERICA
Hartford, Connecticut 06183
KNOW ALL MEN BY THESE PRESENTS,that we MacAllister Machinery Co.
as Principal,hereinafter called the Principal,and Travelers Casualty and Surety Company of America
a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety,
are held and firmly bound unto Richmond Sanitary District
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid
Dollars($ 5% ),for the payment of which sum well and truly to be made,the said Principal and the said
Surety, bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by
these presents. .
WHEREAS,the Principal has submitted a bid for One(1)Caterpillar D8T Crawler Tractor
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation
shall be null and void,otherwise to remain in full force and effect.
Signed and sealed this 22nd day of March , 2022 ,
MacAllister Machinery Co.
r (Principal)Allvt64-,..2CCCK4tOiA-'
By:j>.2:%%.....--- e.,-,Witness)
(Trtie 5 GL to S 'k5 e
Travelers Casualty and Surety Company of America
T 1 (if% (Surety) (Seal
(Wit ss) `��� lh By:
4��-�''a"4 ' Ala Foster (Title) Attorney-in-Fact
Danielle Johnson .44 a A s
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ea a EFi#�ct�Q,;4�
•• t OM •'D tir
*4000
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A3 t0,
February 1970 Edition I
e 8 PACE __,
Travelers Casualty and Surety Company of America
sue. Travelers Casualty and Surety Company
TRAVELERS J St.Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL NIEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and
St. Paul Fire and Marine Insurance Company are corporations duly organized •under the laws of the State of Connecticut (herein
collectively called the"Companies`),and that the Companies do hereby make,constitute and appoint Tina Foster of
KNOXVILLE , Tennessee , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21 st day of April,
2021.
0. t% J NAB a.(� K c t
otr
State of Connecticut
City of Hartford as. Robert L Rane , enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WETNESS WHEREOF,I hereunto set my hand and official seal. 41
tower s
�i�
My Commission expires the 30th day of June,2026 aarr *'
pima: Anna P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies,which resolutions are now in full force and effect,reading as follows:
.RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings
obligatory in the nature of a bond,recognizance, or conditional undertaking,and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her;and fi is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power presented in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect.
Dated this 22nd day of March , 2022 .
pd3Wq+, tt'f ApucG .4402
u a� q` lt'
cam. 0 CONY. c
�'' .1 ��� 'j� '� Kevin E.Hughes,Assistant Secretary
To verify the authenticity of this Power of Attorney,please call usat1,800422 3880.
Please refer to the above-named Attorney(s)-in Factand the details of the bond t o which this Power cfAttoreeyIsattached
EXHIBIT PAGE