HomeMy Public PortalAbout137-2012 - Sanitary - Selking International & Idealease - HookORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this Z day of 6 pr 2012, by
and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Sanitary Commissioners (hereinafter referred to as the "City") and Selking International, 1585 NW
I Ith Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor one 2013 International 7400 SBA 6X4 (SF625) hook
truck with hook -lift unit, water tank, and pump system with spray units; with trade-in of City's 2008
7400 International truck and I985 Ford 8000 truck. Contractor shall deliver such purchased
equipment to City and pick up and remove such traded -in equipment from City at its expense.
A Request for Quotes sent out September 19, 2012, has been made available for inspection by
Contractor, is on file in the offices of the Richmond Sanitary District, and is hereby incorporated by
reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall
provide said equipment conforming with the requirements.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A," which
Exhibit is dated October 9, 2012, consisting of nine (9) pages, and is hereby incorporated by
reference and made a part of this Agreement. Contractor shall provide all equipment, services, and
warranties, and abide by all terms listed on Exhibit "A."
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
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 signed by Contractor in
accordance with Indiana Code 22-5-1.7-1 1(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond.
Contract No. 137-2012
Page 1 of 6
SECTION 111. COMPENSATION
City shall pay Contractor a total sum not to exceed One Hundred Ten Thousand Six Hundred
Twenty -Five Dollars and Zero Cents ($l 10,625.00) for the above described equipment, delivered,
after trade-in allowance for the two above -described vehicles.
SECTION 1V. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and_ shall continue in effect until
completion of the project.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,
for cause, at any time by giving at least five (5) working days written notice specifying the effective
date and the reasons for termination which shall include but not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely 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.
In the event of such termination, 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.
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.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations . by the
Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Page 2 of 6
Coverage Limits
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
$1,000,000 each 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 Iaw, Contractor may choose to comply with all
provisions of its home state's worker's compensation Iaw 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
Page 3 of 6
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.
SECTION VIII. PROHIBITION AGAINST DISCRIMINATION
Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of
Contractor or any sub -contractor shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
because of race, religion, color, sex, disability, national origin, or ancestry.
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.
SECTION IX. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability which may arise in the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION X. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
assignment or delegation 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
Page 4 of 6
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. Both
parties expressly agree that this document supersedes all previous negotiations, discussions, or
conversations relating to the subject matter 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
under this Contract, must be fled in said courts. By signing this agreement, both parties are estopped
from bringing any action in alternative courts or venues. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne
County Circuit or Superior Court.
Any person executing this Contract in a representative capacity hereby warrants that he has been duly
authorized by his or her principal to execute this Contract.
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 due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions.
shall remain in full force and effect.
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By:
Richard BoAmer', President
Gilbert Klose, Vice President
eg Sti , Member
Date: / / Z , / -DL``
APPROVED �'AA
Sarah L. Hutton, Mayor
Date:_
"CONTRACTOR!'
SELKING INTERNATIONAL
Dater
Page 6 of 6
PRICE REQUEST
tl O
CITY OF MCHMOM
DEPA 'affi- T OF SANITATION
2380 LIBERTYAVENUC•RICFt< IOND, INDIANA 47374
PIIONE (765I983-7450•rAX (765) 962-2669
THIS IS NOT AN ORDER
VENDOR
INSTRUCTIONS
This €s a request for a price for the services of materials
described below. Any additional specifications may be
Selking International & Idealease
attached hereto. This is NOT an order and the City reserves
it/ Th 3�2'
the right to accept all or part, or decline the entire proposal.
15'er Al �Y %/
Please complete your full name and phone number below
1
�W
with signature; itemize all prices and charges where
/ Ii'llN0'VA
requested: and attach any explanation for any substitution to
ATTId: Jerry Selking
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
the administration building at the address above by the
specified date and time to be considered.
DATE: REPLY MUST BE IN BY:
PAYMENT TERMS: DELIVERY REQUIRED:
September 19, 2012 10:00 A.M, on October 9, 2012
UPON RECEIPT OF INVOICE DELIVERED
DESCRIPTION
This is a request for quotes for one (1) hook truck with a water tank and to trade-in two (2) used hoofs trucks. Please
see attached specifications. Please include all warranty information with quote. Indiana Local Preference Claims will
apply to this quote, information enclosed.
Return the quote in a sealed envelope addressed to: Richmond Sanitary District
Denise Johnson
2380 Liberty Avenue
Richmond, IN 47374
Re: Hook Truck with Water Tank
�4
Initial Quote (price to include delivery of new truck and picking up both trade-fns)
Trade In Amount_ n`y44o .",
US`
Final Quoted Price Minus Trade In Allotment
MakefModelNear of Truck _Q013 E*%c'A21Pd' 10y44 Z�yd o Quote Valid Until 111,4y
Please include proposal she and any Warranty Information with quote.
Questions please call ,toe Bartle at 765-983-7457.
STATE TAX EXEMPTION # 003121909-001
Richmond Sanitary District
ivmiviC yr r]MIVI 4�4uU i IN%_t.
BY:
DATE
% TITLE
PHONE NUMBER
CITY OF RICHMOND-SANITARY DISTRICT
DETAILED SPECIFICATION LIST
The Richmond Sanitary District wishes to maintain its fleet of trucks by requesting
bidders only bid International trucks. We wish to purchase a current model 7400 SBA
6x4 (SF625) hiternational cab and chassis. The cab and chassis is to be equipped with a
hook lift unit as specified herein. In addition, the unit shall be equipped. with a new
removable steel hook -lift tank with complete self -driven pump system and two spray
units mounted on the back.
The Richmond Sanitary District also wishes to receive bids on trading in two existing
hook trucks. Unit A is a 2008 7400 International track and Unit B is a 1985 Ford 8000
with a 4,000 gallon hook -lift tank. To view these Units, call Joe Bartle a (765) 983-7457
Bidders must check yes or no. Failure to do so will render the bid non -responsive and the
bid may be rejected. If there are any exceptions, please explain on a separate sheet. This
bid will be awarded based on the lowest net responsive bid Excluding Unit B which may,
or may not, be traded.
Minimum specifications for 54,000 GVWR, duel wheel, cab and chassis truck.
Yes No
1. Engine must be diesel EPA 10 with a minimum of 330 horsepower 1%
6 Cylinder sleeved engine, dual element air cleaner
2. Engine speed control, remote mounted to include wiring for PTO
3. Engine block heater for use with standard household current
4. Extended life anti -freeze for-40F
5. Transmission to be an Allison automatic 3000 RDS P series with
overdrive, PTO gear, less retarder. Transmission oil cooler, ?�
synthetic transmission fluid
6. GVWR nrust be a minimum of 54,000 pounds if
7. Wheelbase: 242" wheel base l�
8. Rear axle: Dana Spicer single reduction,
46,000 lb. capacity; With tube oil pump and. 5.57 gear ratio
Hendrickson RT-463 suspension with bronze center bushings
EXHIBIT PAGE 0
9. Front axle, I-beaftl t�,I)q, Dais, Spicer 1-20OW with 20,000 -1 b—capacity _V/
Fkoht shock absorbers
10. Tues- (2) frot 1.21122.5 Hj6-0jy & (8). rear, I I 11225,G, 14 ply
Yes 'No
I L,Rearsuspen'§116.h' walking beam type 54"Mel Spacing;
46,000 lb. capaoity
12. All wlie0s Ito be one piece Painted steel.
13, Front .sws 'i- - Spring Multikaf, Shackle type,.20,000
Pension:
Capacity,L'fi`--k"b` Aer, S 7' Sk I e AM
Mr /A
Ix.
14, Frame Rails.- Heat treated alloy steel With 120,000 PSj -yield
Full C cliaiuie.l fiame 31,72 section modWirs,
3;8_06,401'0 RAM rathig.
15,. Tow Hpoksj2) frant ftame-motinted
16. Tront buffiper: steel, s.,;x6pt Back.
JL
13�akdsr Witij Bendix .17, A N11. vehicle. uiheo.l control systern
AL
I)V2 auto drain. vAlve, heatW trip dryer
in IS.. 12, volt syst6m. .wi th 3, wAi tenanoe, free batteries., 1-950 CCA -total
Cigar. .
;Back up alarm, relnotejt3iiip start terminals
19, Brush type. Alternator, I Z6, Amp
_k1_
20. -Body Wildlog wirlpg liarne.8s,ot.bockaof cab with sealed coiulectioas,
Yy.0 ng package, to, end of frame rail.
-2-.Nyay radio : wj&g. widi, 20. ainp fuse protection.
21 S' edonie(er mid Odometer vvftfi miles, C-40de Hours41
,peed
22. a age Engine atl pyes,swqj . trans &,,_,ongf!ne temp fu
el, tar_hmidvolt
qjqpper l'estticf,on gauge
with oem, style :Oe�ralas 3 pipm oii
Art, hem, mWr ** P.4911sions".1110(yd i ilsulati"
EXHIBIT PAGE 3 OF
Belts,
26. Steering column must be tilting
27. Cab must have heat, defrost, and air conditioning
28. Radio: AM -FM 7�
29. Right and left mirrors, rectangular (7xIS in.) breakaway design
lei door right side look down mirror 6"x 10", convex mirrors
30. Paint color: Cab is to be painted Omaha orange or equivalent l//
31. Owner Manuals parts book�to be included
IV, A. InN l.lNc nmiy
32. 50 gal aluminum fuel tank, heated fuel water seperator
Minimum Specifications For Hook Lift Unit
Yes No
1. Lifting and Dumping capacity: minimum of 52,000 pounds.
2. Minimum dump angle inust be 50-degree V
3. Maximum operating pressure must be 4200 psi 1/
4. Weight of unit not to exceed 5,500 pounds �
5. Hook height not to exceed 61.75 inches from bottom of skid rails
to bottom of hook bar. V
6. Hydraulic pump must be a direct -coupled high-pressure piston punnp I/
7. Hydraulic control valve mounted directly onto the oil reservoir ✓
8. All hydraulic cylinders are to be double acting with dual integral
pilot -operated counterbalance valves to prevent cylinder collapse
in case of hose failure. V
9. Controls must be dual levers with sealed cable actuators mounted in
truck cab to allow full feathering of all loader functions. >/
10. Loader must have pivoting type front tilt section (jib} to provide
a low degree loadinglunloading angle.
EXHI��T� PAGE � 4F�
11. Lift hook must have an automatic mechanical safety latch which
disengages only when the container is in proper position to be
picked up or dropped off. t/
12. Loader unit must have a hydraulic Iock out device to prevent
operation of the tilt section when loader is in dumping mode. ✓
13. Dumping most be accomplished through a rear pivot. Tilt and
lift sections mast lock into rigid full length 27 inch wide frame
with front saddles to provide support for container while in the
dump mode. V
14. Locking sections must form this frame without the use of
mechanical latches which rely on gravity, springs, or container
mounted latches.
Yes
15. The hook lift unit must be protected from out of sequence operation. t/
16. Rear dump hinge pins must be a minimum of 3 inch diameter,
304 or 17-4 stainless steel. t�
17. All pins must be 304 or 17-4 stainless steel. a/
18. All bushings to be DX pie -lubricated type and used with grease
fittings.
19. All hoses and fittings must be SAE, no metrics allowed L__�
20. Rear Body Hold-downs: Unit must have dual fixed -position
hold-down devices mounted to the dump frame to secure the body
to the loader through all ranges of the dump mode. This must be
accomplished without the use of springs, hydraulics, or air operated
devices. The hold-downs must be compatible with City of Riclnnond
containers.
21. New durable plastic fenders are to be installed with taillights
mounted in fenders. t/
22. Taillights: 3 Iights per fender (each side) 2 wired foi- turn and brake,
I. for back -tip -L
23. Successfiil bidder will provide a firll I year warranty on all parts,
labor, transportation, and travel time, or other expenses incurred
No -
EXHIBIT PAGE"��F
during warranty period.
24. Owns manual & parts book to be included 1�
Minimum Specifications for Water Tank
1. Minimum capacity of 2,500 gallons
Yes No
V/
2. Steel Construction
3. Self -driven pump system with two spray units on back V/
PROPOSAL SHEET
Awarding dealer is responsible for warranty work during duration of warranty period
including transportation: or other expenses incurred if any warranty work is done at any
location other than that of awarding dealer.
Bid to include all prep, shipping, and handing changes.
Vehicle to be delivered to 5242 New Paris Pike, Richmond, Indiana 47374
Make and Model Number:
Total Price of New Unit:
Trade in value of Unit A:
Trade in value of Unit B: Fop
Net Price of New Unit (with trade in of unit A):
Net Price of New Unit (with trade in of unit A & B)
Bid firm for how long:
Delivery Time:
�I r l� krI or /zWj %d o
lU/,�'�7dOc'p(7 ,Sim ZAR /Vo—V
EXHIBIT PAGE OF Q
PHONE NUMBER
dera1
DATE
cOMPA
CONTACT PERSON d
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