HomeMy Public PortalAbout110-2014 - Street - Rudd Equipment - 47 inch Tandem Vibratory RollerORIGINAL
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this �day of &Q�4W�,2014, by
and between the City of Richmond, Indiana, a municipal corporation acting by Ad through its Board of
Public Works and Safety (hereinafter referred to as the "City") and Rudd Equipment Company, 2655
Kentucky Avenue, Indianapolis, Indiana, 4622 1 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish a 47" Tandem Vibratory Roller (hereinafter referred to as
"equipment") for the City of Richmond Street Department.
Certain Bid Specifications dated August 19, 2014, have been made available for inspection by Contractor,
are on file with the Director of the Office of Purchasing and Street Department, are hereby incorporated
by reference, and made a part of this Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Bid Specifications is attached hereto as "Exhibit A", which Exhibit is
dated August 28, 2014, consists of consists of four (4) pages, and is hereby incorporated by reference and
made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in
"Exhibit A." Delivery of any equipment that does not meet all specifications listed on "Exhibit A" will
be considered a breach of this Agreement.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above described
equipment. Nothing contained herein shall prevent Contractor from providing any additional or
supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall
provide City with copies of its warranty upon receiving a written or verbal request to receive such
warranty.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions,
terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the
proper completion of this Purchase Agreement.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance; and
2. A purchase order has been issued by the Purchasing Department.
SECTION 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. The Contractor shall provide, at its own expense, competent supervision of the completion of
this Purchase Agreement.
Contract No. 110-2014
Page 1 of 5
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on `Exhibit A" for the equipment, provided that
Contractor's total compensation shall not exceed Twenty-nine Thousand Seven Hundred Dollars and Zero
Cents ($29,700.00) for purchase of the equipment pursuant to this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
delivery and acceptance of the equipment.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for
cause, at any time by giving at least five (5) working days written notice specifying the effective date and
the reasons for termination which shall include but not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations
under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement is
made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed prior
to the effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by
setting forth the reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or
employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such
insurance as will protect it from the claims set forth below which may arise out of or result from the
Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-
contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the
Contractor may be held responsible.
Coveraze
Limits
A. Worker's Compensation & Statutory
Disability Requirements
Page 2 of 5
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$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 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. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment
activities in Iran. In the event City determines during the course of this Agreement that this certification
is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor
ninety (90) days within which to respond to the written notice. In the event Contractor fails to
demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days
after the written notice is given to the Contractor, the City may proceed with any remedies it may have
pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the manner set forth
in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION VIII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on
behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for
employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
because of race, religion, color, sex, disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
Page 3 of 5
1. That in the hiring of employees for the performance of work under this Agreement of any
subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of
Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex,
national origin or ancestry against any citizen of the State of Indiana who is qualified and
available to perform the work to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any
sub -contractor shall in no manner discriminate against or intimidate any employee hired for the
performance of work under this Agreement on account of race, religion, color, sex, national
origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City under this
Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which
such person was discriminated against or intimidated in violation of the provisions of the
Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies due or to
become due hereunder may be forfeited, for a second or any subsequent violation of the terms or
conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation
shall be considered a material breach of this Agreement.
SECTION IX. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of
the same from all liability for negligence which may arise in the course of Contractor's performance of its
obligations pursuant to this Agreement.
SECTION X. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights
or obligations hereunder without the prior written consent of the other party. It shall be controlled by
Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any time by
filing with the Agreement a written instrument setting forth such changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under
this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or
mediation shall be required prior to the commencement of legal proceedings in said Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been duly
authorized by his or her principal to execute this Contract.
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, whether or not suit is filed.
Page 4 of 5
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises,
this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day
and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA BY AND THROUGH ITS Board of
Public Works and Safety
By: GZtif
Vicki Robinson, President
-7,,4b gn::�:
ichard Foore, Member
"CONTRACTOR"
RUDD EQUIPMENT COMPANY
2655 Kentucky Avenue
Indianapolis, IN 46221
By:
Printed: 5440
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Title: SaLs AaAOAO(
�� • .ember
Date: 9—'f X-/`/
APPROVE
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Sarah L. Hutton, Mayor
Date: 914gli
Date: q Id S/��
Page 5 of 5
• of xtcy
CITY OF RICHMOND
50 North Fifth Street
rNDI Richmond, Indiana 47374
(765) 983-7200
Rudd
Attn: Gary Harshberger
26_55 Kentucky Avenue
Indianapolis, Indiana. 46221
PRICE REQUEST
THIS IS NOT AN ORDER
INSTRUCTIONS
This is a request for a price or quote for the services or
materials 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. Please complete
your full name, address, and phone number below with
signature; itemize all prices and charges where
requested; and attach explanation for any substitution to
specifications altered. Please return in care of
Purchasing to the address above by the specified date
and time to be considered unless otherwise specified.
DATE4AUgust
REPLY MUST BE IN DELIVERY REQUIRED
August 19, 2014 29, 2014 b 12:00 noon DELIVERED
QUANTITYALOG NO. DESCRIPTION
"wide"vo 47" Tandem Vibratory Roller
(see attached)
Bid documents may be mailed to the at-
tention of Vicki Robinson, Purchasing, 50
North 5th Street, Richmond, 1N 47374 or
faxed to (765)973-1517
TRADE UNIT
1 Bomag sn 803641
PRICE REQUEST
PAYMENT TERMS
UNIT PRICE
$35,300.00
$5,600.00—
OF rNVOIC
TOTAL
*35,300.00
$5,600.00—
I I I I $29,700.00
117< NAME OF FIRM QUOTING
tY Rudd Equipment Company
VICKI ROBINSON
PURCHASING DIRECTOR BY Todd Shephard
EXHlBlT PAGE OF
.ate Tax Exemption No. 003121909-001
Sales Manager AUTHORIZED BY
DATE 08/28/14 TITLE
Phone No. 317 247 9125
47" TANDEM VIBRATORY ROLLER
The Richmond Street Depart. Is soliciting bids for a 47" tandem vibratory roller. The Street
Department would like to trade in a Bomag BW5AS Roller.
One new 47"- Tandem Vibratory Roller
Specifications for the Roller
1. Diesel Engine- MEETS
2. 2- 47" to 48" drums (width)- Meets 47.2" drums
3. Hour meter- MEETS
4. Water level indicator- MEETS
5. Fuel level indicator- MEETS
6. Oscillating center joint- MEETS
7. 2 scrapers per drum- MEETS
8. Isolated operators platform- MEETS
9. Water tank- MEETS
10. Lockable engine cover- MEETS
11. Transport lashing and lifting points, front and rear- MEETS
12. Lockable anti -vandal dashboard protection- MEETS
13. Emergency stop button- MEETS
14. Vibration cut off, rear drum- MEETS
15. Back up alarm- MEETS
16. Pressurized water sprinkler system- MEETS
17. Laterally sliding seat with contact switch- MEETS
18. ROPS/FOPS with safety belts- MEETS
19. Crab walk offset 1.6" - MEETS
20. Rotary beacon- MEETS
21. Operating weight 5700-5800lbs- MEETS 5776 Ibs
22. Vibration Frequency 55-70 vpm- MEETS
Any questions about this specifications or trade of street dept. roller can be directed to Larry Wood,
Larry Smith or T.L. Bosell at the Richmond Street Department (765) 983-7225.
Please Supply the following information:
1) Complete Specifications of Roller- See brochure included
2) Cost less any rebates and/or discounts with and without trade in- included
3) Warranty Information-12 months/1500 hours, whichever occurs first
4) Approximate delivery date- 60-90 Days
EXHIQIT & PAGE 7 OF L
#a ,
VOLVO
Volvo Construction Equipment North America
Warranty — Disclaimers — Limitations
Limited Warranty for Governmental / Municipalities
Volvo Construction Equipment North America ("Volvo CE") hereby extends to its authorized dealers ("Dealer")
and the Dealer's Governmental / Municipalities customers ("Customer", and both Dealer and Customer are
referred to herein as a "Buyer"), who purchase a new Volvo construction equipment machine ("Machine") or
new Volvo part ("Part", both of which are referred to herein as a "Product") from Volvo, the following limited
warranty:
Subject to the exceptions and limitations set forth below, Volvo CE or Dealer will repair or replace any part of a
new Machine or new Part which proves to be defective in material or workmanship during the following periods
(the "Warranty Period"):
Volvo wheel loaders: 12 months/2500 hours, whichever first occurs
Volvo articulated haulers: 12 months/2500 hours, whichever first occurs
Volvo hydraulic excavators: 12 months/2500 hours, whichever first occurs
Volvo motor graders: 12 months/2500 hours, whichever first occurs
Volvo compactors: 12 months/1500 hours, whichever first occurs
24 months unlimited hours on DD90 and larger compactors
Volvo pavers: 12 months/1500 hours, whichever first occurs
24 months unlimited hours on 6000 / 7000 series pavers
Volvo milling: 12 months/1500 hours, whichever first occurs
Volvo compact wheel loaders (up to 100 net hp.): 12 months/unlimited hours
Volvo skid steer loaders: 12 months/unlimited hours; Lifetime arm for one-sided
Volvo compact hydraulic excavators (less than 11 metric tons): 12 months/unlimited hours
Volvo backhoe loaders: 12 months/unlimited hours
Volvo engines: 12 months/2500 hours, whichever first occurs
Volvo parts: 6 months/1500 hours, whichever first occurs
Volvo remanufactured components: 12 months/2500 hours, whichever first occurs
Volvo Attachments: 12 months
The Warranty Period commences immediately following the delivery of said Product to the Buyer who first puts
said Product into use. The foregoing limited warranty shall include the labor cost to accomplish the repair or
replacement of the defective part provided that the repair or replacement was performed by a Dealer.
The foregoing warranty does not cover: (i) any Product found to have been damaged by abuse, accident, other
casualty or a failure to maintain or use the warranted Product in accordance with the applicable manuals or
instructions (Buyer is required to use only original equipment manufacturer filters during the Warranty Period);
(ii) the labor costs to repair or replace defective Parts after the expiration of the Warranty Period of the Machine
in which such Part is located; (iii) overtime labor premiums; (iv) costs and expenses associated with the
transportation of Dealer's service personnel to and from the location of the warranted Product; (v) any parts,
components, attachments or accessories for which Buyer receives a separate warranty by the manufacturer or
producer thereof (in specified cases said warranty may be administered by Volvo CE); (vi) maintenance items
or ground engaging parts that have achieved their normal service life.
DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES
THE FOREGOING WARRANTY TO BUYER IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
REMEDIES AVAILABLE TO BUYER ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING
WARRANTY AND ARE EXCLUSIVE AND EXPRESSLY LIMITED TO OBTAINING THE PARTS AND LABOR IN
ACCORDANCE WITH THE TERMS OF SAID WARRANTY.
21 D I O01547-NA
REV. 03/2013
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Warranty — Disclaimers — Limitations
LIMITATIONS OF LIABILITY AND DAMAGES
Regardless of whether a claim against Volvo CE or Dealer is based on the foregoing warranty or is
an action in contract, tort (negligence or strict liability) or otherwise, their respective liability for
losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the
Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost
performing the obligations contained in the foregoing warranty, and in no event shall their respective
or joint liability exceed the value of the Product or part thereof giving rise to such liability.
CONSEQUENTIAL AND SIMILAR DAMAGES NOT RECOVERABLE
Except for performing the obligations of the foregoing warranty in accordance with its terms, Volvo
CE and Dealer shall have no liability for loss, damage, or expense, directly or indirectly, attributable
to a loss of use of a Product, loss or damage to property other than the Product, loss or damage to the
Product or any part thereof or any other economic or commercial loss, including, without limitation,
lost profits or special or consequential damages (except liability for any type of consequential
damages which by law may not be disclaimed). The parties intend that this prohibition against
consequential and similar damages will survive and be effective even if the limitation of remedies in
the foregoing sections is found to fail of its essential purpose under section 2-719 of the Uniform
Commercial Code.
ALLOCATION OF RISK
The foregoing warranty disclaimers, limitations of liability and limitation of remedies are bargained
allocations of risks among (i) the Customer who purchased the Product; (ii) the Dealer who sold the
Product, and (iii) Volvo CE, which is a third party beneficiary of the contract of sale between the
Customer and the Dealer. The Buyer of the Product accepts the foregoing warranty and the other
bargained for allocations of risk as part of the agreed price for the purchase of the Product to which
the foregoing warranty applies. Volvo CE is prepared to offer different warranties and other
allocations of risk for other prices. However, any such change in the warranty or the allocation of
risks must be confirmed in writing by Volvo CE.
STATUTE OF LIMITATIONS
Any action by a Buyer of a Product for breach of contract, for breach of warranty arising under, or
for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence
or strict liability) or otherwise, shall be commenced within one (1) year after the cause of action has
accrued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery
of the defect or breach, or (ii) the expiration of the applicable Warranty Period.
21 D 1001547-NA
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