HomeMy Public PortalAbout146-2013 - Sanitary - Rogan Equipment - Purchase of tractor and CutterORIGINAL
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of �wm&r , 2013, by
and between the City of Richmond, Indiana, a munici al corporation acting by and through its Board
of Sanitary Commissioners (hereinafter referred to as the "City") and Rogan Equipment, Inc., 4737
National Road West, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor").
SECTION 1. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor one (1) 2014 Kubota Model M996014DC Tractor and
Landpride Model RC5615 Cutter, delivered.
A Request for Quotes containing certain Specifications sent out September 25, 2013, has been made
available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, is
attached hereto as Exhibit "A," consisting of three (3) pages, 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 to the requirements outlined in the Specifications.
Delivery of any equipment that does not meet all specifications listed on "the Specifications" will be
considered a breach of this Agreement, except as noted in exceptions listed by Contractor on Exhibit
«A 1,
The response of Contractor to said Request for Quotes is attached hereto as Exhibit "B," which
Exhibit is dated October 8, 2013, consisting of one (1) page (along with Contractor's responsive
markings on Exhibit "A"), 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 Exhibits "A" and `B."
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
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 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION 11. 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. 146-2013
Page I of 6
SECTION III. COMPENSATION
City shall pay Contractor the sum of Sixty Thousand Dollars and Zero Cents ($60,000.00) for the
above described equipment, delivered.
SECTION IV. 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 (S) 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, in whole or in part, by mutual Agreement of the parties by
setting forth the reasons for such termination, the effective date, and in the case of partial termination,
the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts the Contractor may be held responsible.
Page 2 of 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. BodiIy 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 V1. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in 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-I.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-I1 (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
Page 3 of 6
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. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the
event the City determines during the course of this Agreement that this certification is no longer
valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,
the City reserves the right to consider the Contractor to be in breach of this Agreement . and
terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. 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:
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;
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.
Page 4 of 6
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.
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 nuII 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. 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 filed 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:
Sue Miller, President
Date:
—Iax//6��
APPROVED.
Sarah L. Hutton, Mayor
Date: �l
0610),11IMITI 01INI'm
ROGAN EQUIPMENT, INC.
By: 0AA opt-�
Printed name:( f a:Ta i 4 K �� c
IL
Title- Pr --a S ,
Date: j / hp / / -a
Page 6 of 6
PRICE REQUEST
R '
U
CITY OF RICHMOND
23 0LM AAIWNF OF :> �To�°IMrAva47374 THIS IS NOT AN ORDER
PRONE (765) 983-7450•FAX (765) 962-2669
a n<m k=ems
VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
Rogan Equipment
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
Joel Davis
Please complete your full name and phone number below
with signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
4737 National Road West
specifications altered. Return in a sealed envelope, in care of
Richmond Sanitary District Board of Commissioners to
Richmond, IN 47374
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 25, 2013
10:00 A.M. on October 8, 2013
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a request for quotes for one (1) current model tractor with 15'cutter for the New Paris Pike Landfill.
Please see attached specifications. Please include all warranty information with quote. E-Verify
requirements and 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: Tractor with 15' cutter
Make/Model Year of truck being quoted: 20I Ll Jul
Quoted Price $ (L�. . CO
Quote Valid Until i 4 `Gi-i3
Please include this sheet and any Warranty Information with quote.
Questions please call Joe Bartle at 765-983-7457.
STATE TAX EXEMPTION # 003121909-001
NAME OF FIRM QUOTING:
06AU FLU E 'LT'
BY:
AUTHORIZED BY SIGNATURE
� ofavy / 1n / ��l S
Richmond nitary District DATE
EXHIBIT —A_ PAGE _LOFT
TITLE
PHONE NUMBER
Minimum Specifications for a Tractor &. Cutter
The Richmond Indiana Sanitary District wishes to purchase one (1) current model tractor with 15' cutter.
For questions, or concerns, contact Joe Bartle at (765) 983-7457.
Minimum Specifications
Yes No
1.
Tractor unit to have 100 net horse power.
V
2.
Tractor PTO to have 85 horse power.
& front tow hook.
3.
Tractor to be equipped with cab
4.
Tractor to be equipped with 4 wheel drive
/
& Agricultural radial tires.
5.
. Tractor to have 8F/8R speed minimum, hydraulic
Shuttle automatic transmission.
—
6. -Weights:
Tractor must be equipped with front counter weights.
Weights must be to allow adjusting. Minimum total weight
Must be 9001bs.
Rear tractor wheels to be equipped with removable inner
Weights totaling a minimum of 400 lbs per wheel.
7. Tractor to include the following instruments: Tachometer /
Hour meter, Oil pressure, Fuel gauge, and Coolant temperature
8. Tractor to be equipped with undercarriage protection, and
Include Oil pan protection.
9. Lighting,
Must be equipped with two Headlights.
Must be equipped with two grille side lights.
Must be equipped with two tail lights J
Must have four hazard flasher lights with turn signals.
Must have seven pin electrical trailer connector.
10. Cab:
Must have, retractable seat belt./
`
Must be equipped with 4 port remote to operate 15' cutter.
� -
Must have adjustable heat & AC.
ROPS factory certified.
Front & Rear wiper w/washer- 2 speeds.
Radio ready, speakers, antenna, and wiring harness.
Left & right side exterior mirrors.
Interior dome light, cup holder, ashtray, and horn.
Left & right side steps
Sun Visor & minimum 101b. fire extinguisher.
.%
C LA
^EXHIBIT _1 PAGE a OF 3
Yes No
11. Safety Equipment:
Flip up PTO shield.. /
Electric -key shut off
Turn signals, safety flashers, & SW sign.
Hydraulic wet disc brakes.
Transmission parking lock in main shaft
PTO — OPC (operator presence control- alarm 10 seconds) t/
12. Heavy Duty Rotary Cutter:
Bush Hog type with no belts.
15' working width
8' transport width, 90" transport height.
Pull type, self leveling hitch & clevis.
Deck thickness, 7 gauge bottom, 10 gauge tap.
Side shirt thickness;'/." replaceable.
Cutter deck to be equipped with single or double chain system.
Unit to be equipped with stump jumper protection.
Laminated solid tires.
Unit to come with an extra set of blades.
13. Miscellaneous:
Successful bidder shall provide parts book, service manual, &
Operator's manual matching machine'and all tooling
V
Successful bidder will provide sampling bottles and a sampling schedule
For all tractor components requiring lubricants. Plus provide all analytical
Work on samples during the warranty period.
Successful bidder shall deliver new unit to the landfill @ 5242
New Paris pike, Richmond Indiana, 47374 at no additional cost,
Ready for service, within 180 days.
Servicing dealer, with access to both tractor and cutter parts, must
/
be located with a 50 mile radius.
V
14. Warranty:
Successful bidder shall provide a full machine warranty for one (1)
Year on tractor machine, including all attachments, warranty to cover
Pants, labor, and travel. Drive train components shall a five (5) year,
Or 5,000 hour, warranty V
Successful bidder shall provide a full one (1) year warranty on all
Cutter parts and components.
EXHIBIT /� PAGE __,J_QF 3
PROPOSAL SHEET
Tractor & Cutter
Department of Sanitation, Richmond, .Indiana
Brand and Model Number of Tractor:
Price of Unit Bid:
Brand & Model number of Cutter:
Price of unit Bid:
Total price of Tractor & Cutter:
Price Firm for How Long
Delivery time estimate
Sales contact printed Name
Sales contact phone number
Signature:
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