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HomeMy Public PortalAbout060-2023 - MacAllister Machinery Co. - Caterpillar high sprocket tractor AGREEMENT 7ITRIS AGREEMENT made and entered into this day of. _hat 2023, by and. between the City of Richmond, Indiana, a municipal corporation actitig 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 k) retain Contractor to furnish it with a new current model Caterpillar D61 High Sprocket Tractor, City shall trade in a 201.8 Caterpillar D6T XL tractor, for which it will receive a credit as acre specifically set forth below, and in Exhibit "B". Contractor shall deliver the above-referenced item in a commercially reasonably tirneframe to a location as directed by A Request for Quotes has been made available for inspection by Contractor, is on file in the office of the Department 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 rvices shall commence until the following has been met: I. The City is i receipt of any required certificates of'insurance and/or warranties; 1 The City is i receipt of any required affidavit(s) signed by Contractor in accordance with. LC. § 22-5-1.7-1 1(a)(2); and 3. A purchase order has been issued by the Purchasing ..Department. SECTION II. STATUS OF CONTRA.CTOR Contractor shall he 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 $337,536,00, which represents the purchase price of the new DOT High Sprocket Tractor of$507,536.00 less the trade-in value of the 2018 D6T XL Tractor of $170,000.00, as complete consideration for the completion of' the work described herein, and within the attached Exhibit. SECTION IV, TERM OF AGREEMENT This Agreement become effective when signed by all of the parties hereto and remain in full force and effect anti Contractor completes the services described herein, and within the attached e 3 Contract No. 60-2023 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. submissim. 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 he 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. :INDEMNIHC.A.TION 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 he 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 ft Employer's Liability $I 00,000 2 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $I,000,000 each occurrence D. Comprehensive Auto Liability Section I.. 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. CO( .1.)LIANCE 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 .INDIAN.A 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 n.ot 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 22-5-1.7-1.3 (c) the Contractor will remain liable to the City for actual damages. SECTION Viii. IRAN INVESTMENT ACITVITIES 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 MGMMINA. ION 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-I, 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 Slate 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 he 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. SECTION X. RELF:ASE .LIABILTIY 4 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 ofwhich shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne C.kuntty, 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 executirig this Contract in a representative capacity h.creby warrants that he/shc 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] "CONTRACTOR" MacAllister Machinery Company By: (Printed): E, Title: Ke_.1 e90 Dated: 471 -- / - 3 6 I "CITY" The City of Richmond, Indiana, by and through its Board of Sanitary Commissioners Sue Miller, Preside t Dated: Vice President Dated: 3" 2 " 27 ember Dated: - APPROVED: . Srk Dated: 6 T 7 _f CITY OF RICHMOND INDIANA INVITATION TO BID • ne (1) igh Sprocket Crawler Tractor FOR RICHMOND SANITARY DISTRICT Exhibit A 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 resentation C.4 Modification or Withdrawal of Bid. C.5 Delivery of Goods C.6 Consideration of Bids D. Rejection/Acceptance of Bids D.2 Bid Award D.3 Warranties, Guarantees &Maintenance D.4 Contract Documents E. Indemnification FA. Workers Compensation Insurance F.2 Payments 0.1 Method °fin:voicing 0.2 Damages fpr Delays G.3 Specifications Proposal Sheet E-Verify Requirevents and Indiana Local Preference Claim Information enclosed. 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, February 28, 2023, 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. The sealed bids will be publicly opened and read by the Board of Sanitary Commissioners of the Richmond Sanitary District at 10:00a.m., February 28, 2023, in the City Council Chambers of the City of Richmond Municipal Building, 50 North 5th 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 RICHMONI) SANITARY DISTRICT Sue Miller Aman Bakshi. Greg Stiens Publish Dates: February 10 & 17, 2023 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: February 28, 2023 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 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,a political subdivision of the State of Indiana. A.2 DEPART1VIENTS: A.2.1 The following are the departments that are under Richmond Code 41.02(h)Central Purchasing: Park and Recreation,Police,Fire,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 a person 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 QUANTITIES: A.4.1 If the quantity set forth in the Invitation to Bid and 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 may be 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. A,5 ADDENDA: A.5.1 An addendum is a written instrument issued by the City of Richmond prior to the date fur 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 BIDDING DOCUMENTS 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 awritten request which shall reach the Purchasing Director at least seven(7) days prior to the date and time for receipt of bids. B. 13 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 fiunish 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 fir 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 applic de in the bid, Should common construction wage be required,the City will attach that schedule to tile bid package. B.2 SUBSTITUTIONS 13.2.1 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.2.2 Unless the particular specification prohibits substitutions,bidders are encouraged to propose materials,products or equipment of comparable type,function and quality. 13.2.3 Bids for substitute items shall be stated in the appropriate blank or if the 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 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. B.3 DEMONSTRATION/SAMPLES B. 3.1 If required by the City,the bidders shall demonstrate the exact model(s)proposed within seven (7)calendar days from receipt of request 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 supplied as requested will be returned at bidder's expense after receipt 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, and patent rights. Then contractor agrees to hold the City of Richmond harmless from any claims resulting from the contractor's unlawfUl disclosure or use of private or confidential information. B.4..2 All laws of the United States of America,the State of Indiana and City of Richmond are applicable to the products or services covered herein,are made a part 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 shall be filled in by manually printing in ink or by typing the requested information. C. 1.3 Any interliheation,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 shall 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 Each 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 shafl 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 SUBMISSUON 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 co:nsidered. C.3.2 Oral;telephone or telegraphic bids are invalid and will not receive consideration. C.4 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 bid has 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 of bids, 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 may be 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 DELIVERY OF GOODS C.6.1 All delivered goods are to be FOB Richmond,IN,unless otherwise stated in the bid. C.6.2 The 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.6.3 All items rejected must be removed immediately by the contractor at the expense and risk of the 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 of the 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. ARTICLE D INSTRUCTIONS TO BIDDERS D.1 CONSIDERATION OF BIDS D Li 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/ACCEPTANCE OF BIDS D. 2.1 The City of Richmond shall have the right to accept or reject any and all bids. The City of Richmond shall reject any bi,d 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. D.3 BID AWARD D.3.1. It is the intent of the City of Richmond to award a contract to the lowest responsible 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 judt.,:ent is in its own best interest;and to solicit new bids privately arid 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 of past performance. 8. Needs and requirements of the City. 9. Experience with the products involved. 10. Nature and extent of company data furnished upon request of the City. 1.1. Quantity of merchandise. 12. Product appearance,workmanship,finish,taste,feel and results of any product testing. 1.3. Overall completeness of product line offered. 1.4. 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. • D. 3.3 Unless otherwise indicated 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 manufacturer's warranties and/or guarantees for the items bid must acoompany 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 minimum 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 shipped to 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. ARTICLE B 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,subcontractor 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 both 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 purchase order to be incorrect,said vendor must notify Purchasing Director within twenty four(24)hours of purchase order date. .ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION,INSURANCE,AND PROTECTION OF LIVES AND PROPERTY F.1 INDEMNIFICATION F. 1.1 The contractor shall 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 atomey's fees,arising out of or resulting from the performance of the contract,provided that aiy such claim,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 sibcontractor,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 la any and all claims against the City or any of its officers or employees by any employee of the contractor,any subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,the indemnification obligation under this paragraph G. 1 shall not be limited in,any way by any limitation of the amount or type of damages, . compensation or benefits payable by or for the contractor or any sub-contractor under worker's at workmen's compensation acts,disability benefit acts or other employee benefit acts. F.2 WORKER'S COMPENSATION INSURANCE 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 furnish a certificate from the Indiana Worker's Board owing that such bidder has complied with IC 22-3-2-5,22-3-5-1 and IC 22-3-5-2. F.3 INSURANCE . F.3.1 The Contractor shall, as prerequisite to this Agreement,purchase 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 may be liable. • F.3.1 (can't) Coveraze._ A. Worker's Compensation& Statutory Disability Requirements 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 $2,000,000 each aggregate F. Malpractice/Errors&Omissions $1,000,000 per claim insurance $2,000,000 each aggregate n z I 6/ ARTICLE G INSTRUCT]ONS 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 Registry Numbor is 35- c 01174. G. 1.2 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 stall pay the Indiana sales and use taxes on the materials only. G.2 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.2.2. 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)if the contractor allows a cash discount,the period of time in which the City must 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.2.3 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 }To payment shall constitute an acceptance of any goods or services not in accordance with the equirements of the contract. G. 2.6 Schedule of values may be used in contractual work. City will so desi:I ate if applicable. (See invitation for Bid Page) G.3 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 thrs right to deduct the damages from the payment to be made to contractor. 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 serni-U blade for Landfill use, The Richmond Sanitary District also wishes to trade ina2U18 Caterpillar D6T(S/N: MQY0O3OO) crawler tractor with spnni'Ublade. The machine is available for inspection at the Landfill, For information contact Darren Duncan at7G5-983'7457. Minimum Specifications Met Yes No 1. Operating Weight: Not Less than 48,49O |bs I,/ 2. The engine shall be of diesel type,four-stroke cycle,fully equipped with all necessary operating accessories.The engine shall be mounted so as to be accessible for adjustment and normal servicing without being detached from tile tractor unit. Engine must 6e equipped with: , � a. An alternator of1SOannps minimum �� _ b. Engine shall develop at least Z1S Net flywheel hp. _ c Machine tmbeeq*ipped with water separator uoengine d. Machine shall be equipped with 24 volt electrical system e. Engine air c|eanerto have a service indicator f. Engine tobe equipped with on electrical priming pump . g. Engine tm have a1JOVob Engine Coolant Heater(cold start) h. Engine tn have Single Tilt Reversing Fan Radiator Fan �b/ Transmission: shall be a planetary type power shift with lock-up clutch torque converter v a. Transmission shall have at least S speeds fwd and 5 speeds reverse b. Transmission shall have auto-shift andauto'kickdnwnfeatunes c. A single control unit for both direction and speed changes shall cnntro| 1Tansm|ssion Steering: Machine shall utilize differential steering to control the direction and degree /~ ofturn�forward'nevemeshi0ng, and gear selection ina single control handle V/ Hydraulics: Hydraulics shall be protected, and controls shall have a load sensing variable Displacement piston pump to adjust hydraulic flow tu implement demands Exhibit ^ Machine shall have a single [ever for dozer control functions Undercarriage: Must bean Elevated Sprocket design with suspended undercarriage a. Shall be reinforced box section and tubular track roller frametoresist Bending and torsional loads h, Shall have bolt on replaceable sprockets for easy replacement Without �^ Breaking the track inhalf c Track shoe width tohe24"wide, single grouser extreme duty d. Final Drives shall be fully enclosed, double reduction, planetary design e. Final Drives shall be elevated from ground-induced shock loads f. Tracks must be hydraulically adjustable, sealed and lubricated Operators Station: ' a. Modular Gnc|osed[abto include ROPS,Sound Suppression, oeatbe|t b. Cab shall include Air Conditioning, Heater,and Contour Suspension Seat �^ _ c. Cub shall include adjustable arm rests, and controls easy to reach _ d. Cab to include aIZ Volt, 1O amp convertor - e. Cab shall be12or]4 volt radio ready and be equipped with speakers, t� Antenna,all wiring and AM/FM radio f. Cab to include a decelerator pedal to modulate ground speed Q. Easy to reach grab hand|es for safely reaching operator station h. Lovv'effurt' e|ectro'hydrau|icx shall be standard for easy operation and precise control. Braking: a. Machine to have a single pedal on floor for braking both tracks x/ b. Machine to have an electronic Parking Brake \� Lighting and Electrical: Yes No a. Must have at least 2 lights front and 2 lights rear facing for night work �V_ b. Must have a starting/charQ|ngreceptacle c Must be equipped with aZ4 volt to13 volt convertor with Zoutlets d. Must be equipped with back up camera from factory e. Must be equipped with back upalarm f. Must have 120VstarLing receptacle with Engine Coolant Heater g. Must have an Exterior Jump Port to Jump Start Machine Batteries t�_ Implements: ' a. Bulldozer(Blado mus beasemi'U with push plate and hydraulic tilt \� b. Blade must bearninimumof1Dfeet, 4 inches over the End Bits _ c. Blade Height shall bea minimum of4 feet, 7inches d. Machine tu have a4w valve hydraulics for future rear imp|ement_ e. Rear drawbar ^� Unit must have a Dual Wet&Dry Fire Suppression Kit x^` Warranty: One Year of total machine coverage `^ _ S Years orS0O0 hours of complete PovvertminCoverage —� Successful bidder shall provide Richmond Sanitary District a set of Manuals including parts book,operators manual, and service manuals ^^ u' Successful Bidder will provide a minimum of 2 hours training to RSD operators and service personnel �~ Successful bidder will *r:-livermachine F.C.B. 5242 New Paris Pike, Richmond, IN .� State lead time of delivery upon award of bid by Sanitary District ~ i TRAVELERS CASUALTY D SURETY CO PANY OF A ERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS,that we MacAllister Machinery Coe Inc. 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 ic SetnitarY_Dieffiei as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Kid Dollars ($ 5% 1,for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, ow heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal h submitted a bid for One(1)Caterpillar D6 Xt.Tractor NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obr.;e in accorda e with the terms of such bid, and give such or bonds as may be specified in the bidding Or Contract Documents with g ik• and sufficient surety for the faithful performance of such Contract and for the prompt payment of ta•• and material furnished in the prosecution thereof, or in the evert of the failure of the Principal to enter such Contract an, give such bond or bonds, if the Principal shalt pay to the Obligee the difference not to ex -• 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 obigation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 28th day of February 2023 MacAllister Machinery Co., Inc. (Principal) (Mtness, By..1 (Title) Travelers Casualty and Surety Company of America 1 r (Surety) (Seal) Danielle Johnson Tina Foster (Title) Attorney-in-Fact The Company executing this bo d vouches that this 4 unient conforms to American institute of Architects Document A310, February 1470 Edition 1 II..., II 11111- 11111s a s ,111 n 111, 1111 Ill II T Erre 0 gLh r,r"r'2rr_91.rryrrr, ,"rr E— 11 t t ta (pArr, February 27,2023 MacAllister Machinery Co. Attn: Cindy Stockton 6300 Southeastern Ave. Indianapolis, IN 46203 RE: Ob IT!ee: Richmond Sanitary District Bid Bond for One(1)C rpillar D6 XL Tractor Bid Bate: February 2:,2023 As you requested, we are pleased to provide the attached bid bond documents. This bond has been executed based upon the information we received from your office. Please note the b• I must be signed by an auth zed representative of your company and if applicable, sealed with the corporate seal We urge you to check all bond documents, including si., atures, dates, amounts, '• description, Power of Attorney and any other attachments to avoid the possibility of having a low bid rejected. Additionally, please verify that the bid bond form attached is the form required by the specifications. The Bid Bond authorization is based upon your original estimate. If the bid exceeds is estimate by 10% or more, the bond must be reauthorized by the surety. Please contact us for additional authority. Your bid results are very i dant. Please send your bid results to my e :it address Stio above as soon as hey are available. Thank you for the opportunity to service your surety needs. Should you have any questions, please do not hesitate to contact me or any member of your Willis surety team. Sincerely, 1110 Tina Foster Tc r4trtoIrae. Sults':SO TTraravvelieerrss CalCassualtylty aanndd sSuurretyety cniComnpapairrityy of America tTRAVELERS i ., St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St„ Paul Fire and Marine tes,urance 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 KNOXV1LLE , Tennessee , their true and lawful Allorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances conrlitionat undertakings and other writings ob.ree tory 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 VUITNESS,WHEREOF,the Cornpalies have caused this instrument to be signed.,and their corporate seals to be hereto affixed,this 21st day of:April, 2021. ---- , ••f.' 3.tiklITTOR12, '4'r ..''''‘y.7"' •'V '''' A"3.. wet .e t,, Digrorgaf), • t. moue ,4,: ) --..__.....- State of Connecticut • eit_ae,'--' City of Hartford as,. Robert L Ran nior Vice President On this the 2.1st day of April, 2021, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of each of the Companie„s„ 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, ee"rO.ee IN WITNESS.WHEREOF,I hereunto'set my+hand and official seat.. earet.-.-- e / ierere \ Ae/ My Commission expires the 30th day of June,2026 lc. eiie 1 , err_ie: „ Anna P.Ncnvik,Weary 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, arty 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, tecognizances,contracts of indernrirty, arid 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 it 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 ..!ii.. 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, arty Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, arty Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Ass.riert Secretary; or (b) duly executed (under se,..4,. if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation cif authority,and it'is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior\fee President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seat 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 eiritivie oblig,aory 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 exec,,!'ed• 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 Fe 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 rit Attorney executed by said Companies,Whicat remains in full force and effect. Dated this 211th day of February , 2023 .. , ,PYRTIVINN--)N ..!mokail.r,•4i%-,''. irozvot*' ;1/4 tatet e -:..., i4orog . 47 .4 au op ( Kevin E.,Hughes,Ass a,rl Secretary ....., , To leerily the authenticity of this Power of Attorney;please ca 4,,:."as at.1-soo-421-38ao. Please refer to the above-named Attoiney(s)-ite-Fact and the details of the bond to which this Power of Attojney is attach4*. Form Number 95 (revised 1987) IPOSAL FOR SALE OR LEASE OF MATERIALS (Defined at I.C.36-1-2.9.5) (Please type or print) Date: February 27,2023 3oard of Sanitary Commissioners Richmond Sanitary District Wayne rlacAllister Machinery Company Inc. )300 Southeastern Ave. ndianapolis,IN 46203 )17-545-2151 7.„.J.Fisher ffers bid(s)to(Governmental Unit)in accordance with the following attachment(s) cription,quantity,unit,unit price and total amount. ems,In accordance with specifications. Any changes or alterations in the Items specified m.Bidder promises that he has not offered nor received a less price than the price stated 1.Bidder further agrees that he will not withdraw his bid from the office in which it is with each bid if required,and liability for b ; :•• . . = ,ble upon the contract, may be. ure o is•er or Agent FFER OR PROPOSAL ed on specifications published by governing body.Following is an example of the bid Unit , Description Unit Price Amount D6 XL Track Tractor $507,536.00 D6T XL Track Tractor -$170,000.00 ILLUSION AFFIDAVIT rig duly sworn on oath,says that he has not,nor has any other member,representative, )artnership represented by him,entered into any combination,collusion or agreement )y anyone at such letting nor to prevent any person from bidding nor to induce anyone Je without reference to any other bid and without any agreement,understanding or to such bidding. WI Cynthia km Stockton Notary Public Sul Stela a/ one Marion County My Commission Expires 04/28/2024 Subscribed and sworn to before me this 27 day of February 27, 2023____Cit My Commission Expires: 4-28-2024 County of Residence: Marion • ACCEPTANCE ' There now being sufficient unobligated appropriated funds available,the contracting autho accepts the terms of the attached bid for classes or items numbered and promises to pay th( quoted for the materials stipulated in said bid. Date: Contracting Authority Me hers: Form Number 95(revised 198/) POSAL FOR SALE OR LEASE OF MATERIALS (Defined at LC. 36-1-2.9.5) (Please type or print) Date: February 27,2023 )ard of Sanitary Commissioners Richmond Sanitary District 'ayne acAllister Machinery Company Inc. 100 Southeastern Ave. dianapolis,IN 46203 17-545-2151 J.Fisher fers bid(s)to(Governmental Unit)in accordance with the following attachment(s) ription,quantity,unit,unit price and total amount. ins,In accordance with specifications.Any changes or alterations in the Items specified cr CC CC cc tcr OuIcs, LL. ECO LUQ; 14, Li 0 Ow CO c CI F. 0= zIO w ^ Proposal Sheet ' �Brand and ��ode| ofumb0 �����d K_- \ Price of unit Bid Trade Value ufI81D Caterpillar D6T- NDY8O3O0 Price firm for how long Delivery estimate ° E4/ERNF|C/QlO0 FORM FILLED OUT: YES NO = LOCAL PREFERENCE CLAIM: YES NO w |RAN |NVEST[NENT: YES_ NO Price to include shipping, handling,and set upcharges, Tmbe delivered tu the New Paris Pike Landfill, 5242 New Paris Pike, Richmond, Indiana. Indiana Local Preference Claim: 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 defmed by Indiana Code 5-22-15-20.9, it shall include such claim with its Bid. In adcition 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. INDIANA LOCAL PREFERENCE CLAIM (Only fill out this Part if claiming to be a Local Indiana Business) Pursuant to Indiana Code 5-22-15-20.9, (11 t),C, I \1 4>4'6, (Name of Business) Claims a local In iana business preference for the bid for Project in Wayne County, Indiana. (Name of Proj t) 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 D 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. POST BID SUBMITTAL Local Indiana Business Preference Pursuant to the City of Richmond Bidding and Contract Requirements,this application for the local Indiana busi ss,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: .,_ 3 Project Number: Project Name: Bidder: e", -,\12 Contact Name: 1^ sr\iNe_/ .Phone Number: _1 0\- 12- 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: A)71 Number of Employe who were residents of Affected Counties for the twelve (12)months prior to the date of Bide submission: 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 fram the date of the Bid: $ 3 A g 0 .20 4_ 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 redact all Social Security Numbers E-Verify Requirements: Definitions: E-Verify Program—A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration 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 Immigration 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. •Imx••••••••••••••••watiumagiu••wa•••••xxxwaxam•••■n•aw•wwww•wm•momm•iim••••■••••seer 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 tie 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 shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. Tithe Contractor fails to remedy the violation within the thirty(30) day period provided above, the City shall consider the Contractor to be in bread k 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. Affidavit of Employment Eligibility Verification The Contractor, V\px,i\w‘& Cr Ke...60‘ raftrms 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 throughout 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. 4" Dated this el/11 day of_ 4..kr ,20 (si: a r (printed name) IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. hi 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. AIlist At SALES AGREEMENT DATE Feb 27, 2023 MacAllister Machinery Company Inc,6300 Southeastern Avenue.,indlanapolls,IN 46203 Phone:(317)545-2151-Fax:(317)860-3310 Visit our websIte:www,rnacankgeLcom PURCHASER RICHMOND SANITARY DI ST STREET ADDRESS 2380 LIBERTY AVE <SAME> S . S O CITY/STATE RICHMOND, TN COUNTY WAYNE 14 L I D POSTAL CODE 173'74 PHONE NO. 765-983-74 50 _P . . T EQUIPMENT T O CUSTOMER CONTACT: 0 PRODUCT SUPPORT - F.O.B.AT: Indianapolis INDUSTRY CODE; LANDFILL OPERATION I 920 ) PRINCIPAL WORK CODE . . . CUSTOMER 5827000 Sales Tax Exemption II(if applicable) CUSTOMER PO NUMBER NUMBER N/A DARREN DUNCAN PAYMENT TERMS: NET PAYMENT ON RECEIPT OF INVOICE D NET ON DELIVERY 0 FINANCIAL SERVICES 0 ISC 0 LEASE CASH WITH ORDER:$0,00 DESCRIPTION OF EQUIPMENT ORDERED I PURCHASED -I MAKE;CATERPILLAR MODEL: 06 YEAR: 2023 STOCK NUMBER: TBD SERIAL NUMBER: TBD SMU: 3 D6 20B TIT CFG1 464-5807 AIR FILTER, CAB 441-9252 --------------- — _ _ DRAWBAR 471-7300 PREMIUM CORP RADIO (12V) 579-5779 -- WASTE HANDLING ARE, PUSHARM 464-5589 JOYSTICK, ARO/GRADE;, PA 935-5758 FINAL DRIVE, 76"(1930 KM), GEL) 469-5181 DOZER CTL, ARO/GRADE, PA 594-7762 1 _ ENGINE, LUC, STANDARD 464-5201 PROD LINE, PLE643/PLE143 RADIO L577-7697 PRECLEANER, BASIC 464-5556 FUEL TANK, BASIC 522-7680 OIL DRAIN, BASIC 460-4590 GUARD, STK, SEALED,ND, PUSHARM ,471-7279 —7' _ UNDERCARRIAGE, EIDXL, WASTE 578-2385 GRAB HANDLES, STD, PUSHARM 505-6704 TRACK, 24" ES HDXL 545-3928 WATER JACKET HEATER, 110V 472-5602 FAN, REVERSING, PUSHARM 460-7149 RADIO, CB (READY) 589-3552 HYDRAULICS, PUSHARM 4 64-5463 6SU BULLDOZER, GUARDED 472-7311 CONTROL, RIPPER 4 64-545 9 BLADE, 6SU, WASTE 472-7305 , ALTERNATOR, 150 AMP 464-5174 Koorsen Fire Suppression: Dual LIGHTS,12,LED,PREMIUM PUSHARM 571-6178 REAR CAMERA 577-8623 , TRAI3E.IN EQUIPMENT SFIL PRICE , $50'7,536.00 MODEL: DIT XI, • CATERPILLAR tAiu YEAR; 2018 SN.: 9N0Y00300 PAYOUT TO: _AMOUNT: PAID BY:Cus tome x EXT WARRANTY Included MODEL: YEAR: SR.; LESS GROSS TRADE ALLOWANCE ($170,000.00) PAYOUT TO; AMOUNT; PAID BY: MODEL: YEAR SN,: NET DIFFERENCE AFTER TRADE $337,536.00 PAYOUT TO: AMOUNT; PAID BY: MODEL: YEAR: SN,: — PAYOUT TO: AMOUNT: PAID BY: ALL TRADE-INS ARE SUBJECT TO EQUIPMENT BEING IN'AS INSPECTED CONDITION"BY VENDOR AT TIME OF DELIVERY OF REPLACEMENT MACHINE PURCHASE ABOVE, PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS IT TO BE FREE AND CLEAR OF ALL CLAIMS,LIENS,MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE, , El CATERPILLAR EQUIPMENT WARRANTY INITIAL . ' Payment Terms end Conditions; The customer acknowledges that he has received a copy of the MacAllister Machinery Company IncrCaterptlbar Warranty and has read and understood said wawanty*Scheduled all sampling(S.0„S.)Is mandatory With this warranty,The customer Is responsihkr for taking of samples et designated intervals from at power train components and failure to do so may mutt in'voiding the warranty, Warranty applicable Inducting experatten date where necessary: ' 12 months unlimited hours full machine D6-60 110/5000 UR POWERTRAIN (Tier 4) CSA: .,. THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE MacAaster Machhary Company Inc PURCHASER ORDER RECEIVED BY Edward Fisher . APPROVED AND ACCEPTED ON REPRESENTATIVE RICHMOND SANITARY DIST PLIROAASTF By _ =NATURE Mil