Loading...
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 4 r� Title: SaLs AaAOAO( �� • .ember Date: 9—'f X-/`/ APPROVE Q �� 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 1EXHIBIT PAGE�3 OF LI 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 REV. 03/2013 EXHIBIT __ A PAGE L4 OF