Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BEC Enterprises, LLC/Street/228,850/New Three-Wheeled Mechanical Street Sweeper
BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 AtKIN, AGREEMENT FOR PURCHASE OF GOODS AND SERVICES 60 THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement') is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and BEC Enterprises, LLC d/b/a Brown Equipment Company, an entity duly authorized to do business in the State of Indiana("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 44-650.01 Fund funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Two Hundred Twenty Eight Thousand Eight Hundred Fifty Dollars ($228,850.00) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing,to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering Department Bid Proposal Package for `Three Wheeled Mechanical Street Sweeper" received by the City of Carmel Board of Public Works and Safety on or about July 17, 2019, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner.Time is of the essence of this Agreement. [S:IContracts\Prof.Svcs&Goods Svcs\Street\2019\BEC Entooprisos,LLC dbe Brown Equipment Company Goods and Servicos.doc:7/30/2019 1030 AM] 1 BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. [sAconc cwrorsva&Goods Sva\Streefl2019\BEC Elm:rinses,LLC d Brown Epmmt company Goods and Savices.doc:7502019[o:w AM] 2 BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E-Verify Law"), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement (S:1Contracts\Prof.Svcs&Goods Svcs\Strectl20191BEC Enterprixrs,LLC dbe Brown Equipment Company Goods and Suvias.doc:7/302019 10.30 AM] 3 BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND Douglas C. Haney, Street Department Corporation Counsel 3400 W 131 St Street Department of Law Carmel, IN 46074 One Civic Square Carmel, Indiana 46032 If to Vendor: BEC Enterprises, LLC d/b/a Brown Equipment Company 2501 S Kentucky Ave Evansville, IN 47714 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. [S:\Cootracts\Prof.Svcs&Goods Svcs‘Street12019\BEC Enterprises,LLC dba Brown Equipment Company Goods and Smices.doc7/302019 10:30 AM] 4 BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2019 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. DEBARMENT AND SUSPENSION 24.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 24.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 25. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 26. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. [S:`Contracts\Prof.Sva&Goods Svcs�Street\2019\BEC Enterprises,LLC dim Brow Equipment Company Geods and S..AA.s.doc:71302019 10.30 AM] 5 BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 27. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IS:\Contracts\ProLSvos&Goods Svcs\Street\2019\BEC Enterprises,LLC dba Brown Equipment Company Goods and Savices.doc:7/30/2019 10:30 AM1 6 BEC Enterprises,LLC d/b/a Brown Equipment Company Street Department-2019 Appropriation#44-650.01 Fund;P.O.#: 103030 Contract Not To Exceed$228,850.00 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA BEC Enterprises, LLC d/b/a Brown Equipment Company by and through its Board of Public Works and Safety By: By, ames Brainard, Presiding Officer Au\h9riied Signature Date: A:)/ , _ > � minted N 7s. Mary An Burke Me ber Date: / CYO C QN 1 j -- Title Lori S. Wation, Me ber/'i FID/TIN: $ a — 3°c 1Lc Date: i i (O Last Four of SSN if Sole Proprietor: ATT T: Date: ► O -a a• t q 2h A:( Christine S. Paule , Clerk-Trea rer ate: 11/(P J/f IS'Ccoora.1•Wrof Sy.&Gmk S.oZaenl'OI9 BEC EolcrFnae,LLC Jl a Bro.Eyo;mmI C..opaoy Gorda aoJ Sen, ..:7/7N:Oi 9 1070 AM) BID TOTAL FOR NEW THREE WHEELED MECHANICAL STREET SWEEPER TOTAL New Three Wheeled Mechanical Street Sweeper $258,850.00 TRADE IN: 2013 Global M3 Sweeper ($30,000.00) TOTAL $228,850.00 Company Name BEC Enterprises LLC., dba Brown Equipment Company THIS IS TO BE THE FIRST PAGE OF ENTIRE BID. Exhibit ( d-co... E s Brown Equipment Company Vehicle Quote ■ 2501 5 Kentucky Ave ■ Evansville IN 47714 www.brownequipment.net #Q 00422BRQNN . 00-747-212 6/28/2019 EQUIPMENT COMPANY Bill To Ship To TOTAL CARMEL STREET DEPT. CARMEL STREET DEPT. 3400 W.131 ST 3400 W. 131 ST United WESTFIELD IN 46074 WESTFIELD States IN 46074 $228,850.00 United States United States Sales Rep: Kiel Williams Expires PO# Shipping Method 7/28/2019 Quantity Price Extended Price M3 GLOBAL ENVIRONMENTAL PRODUCTS 1 $228,850.00 $228,850.00 MODEL M3 STREET SWEEPER INCLUDES: New Three Wheel Design,Dual Gutter Brooms with In-Cab Speed Control,5.6 cu.yd.High Dump Stainless Steel Hopper,Load Leveling Device with Hopper Access Door, Hopper Full Indicator, Heavy-Duty Triple Pump Hydraulics,High-Speed Dump,Totally Hydrostatic,Front Center Mount Steering with Spring Suspension,Rear Camera System, Engine Pre-cleaner,Cummins Tier 4 Diesel(130hp)with Safety Shutdowns,Swing-out Radiator and Oil Cooler,35 Gallon Fuel Tank,230 Gallon Polyethlene Water Tank, LED Lights, Front Strobe with Limb Guard Protection,Rear LED Arrowstik with Limb Guard Protection, Rear LED Flashers (2), 120 amp Alternator, Electrical Systems Locker, Hydraulic Systems Locker,Sun Visor,Air Conditioning /Heater/Defroster/Cab Pressurizer,Windshield Washer, Delay Wipers, Powder Coat Paint,AC Power Port, AM/FM/CD/BLUETOOTH Stereo,12.5'Turning Radius, "Comfort Glide"Drive Axle Suspension,Hopper and Elevator Flush, Hydraulic Leaf Gate, Remote Grease Block (All Daily Grease Points),Unsurpassed Visibility,and Manuals as Specified.Front Mount Gutter Broom Municipal Price:$258,850.00 Trade-in Global M3:($30,000.00) Total Price:$228,850.00 Lead Time:120 Days ARO Exhibit 1111111111111111111111 UOTE DOES NOT INCLUDE APPLILE TAXES.CUSTOMER IS RESPONSIBLE FOR ALL A PLICABLE FEDERAL,STATE,AND LOCAL . 0f(-7 000422 TAXES. PART 1 BIDDER INFORMATION (Please Type or Print) 1.1 Bidder Name: BEC Enterprises LLC., dba Brown Equipment Company 1.2 Bidder Address: Street Address: 10603 Majic Port Lane City: Fort Wayne State: IN Zip: 46819 Phone#:( ) 800-747-2312 Fax#:( ) 260-478-1475 1.3 Bidder is a/an(mark one]: Individual Partnership V Indiana Corporation; Foreign(Out of State)Corporation;State: Joint Venture Other: 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Cannel, Indiana,foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General's Opinion#2, dated January 23, 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: Exhibit 30f17 PART 2 BID PROPOSAL 2.1 Project Bid. The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described project, including any and all addenda thereto, for the total sum of Two hundred twenty eight thousand, eight hundred fifty Dollars ($228,850.00 ). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price. The Bidder further understands that all work which may result on the Contract shall be compensated for on a lump sum basis and that the OWNER cannot and does not guarantee the amount or quantity of any item of work to be performed or furnished under the Agreement. Exhibit A L/bc(7 Specification:3 Wheel mechanical street sweeper SPECIFICATIONS: Three Wheel Mechanical Street Sweeper. The sweeper to be furnished under this proposal shall be a three wheel mechanical type, front wheel steer, single engine, high dump hopper, full hydrostatic drive, 5.6 cubic yard hopper capacity with dual gutter broom system. It shall be the manufacturer's latest model and design. These specifications shall be regarded as MINIMUM. Bidders must furnish all descriptive literature, manufacturer's compliance certificates and all other necessary data on the equipment proposed as required in the specification. Bidder must answer YES or NO to each specification line item except where asked to state specific data. Failure to answer correctly, or failure to respond will deem your bid as non- responsive. All line items with a "NO" response, shall be explained in detail on the "Exceptions to Bid Specification" pages provided at the end of this document. (This specification contains fourteen pages and twenty-seven clauses.) 1. HOPPER YES / NO 1.1 Hopper capacity shall be 5.6 cubic yards. YES 1.2 Hopper shall have a lifting capacity of 12,000 lbs. YES 1.3 Hopper shall be constructed of 12 GA. ribbed 304 stainless YES steel to insure long life. 1.4 Hopper dump system shall have a safety lockout system to prevent any forward or reverse movement of the sweeper with hopper in the raised position. YES 1.5 Hopper shall be raised and lowered by means of two 4" diameter hydraulic cylinders. YES 1.6 Hopper shall have a load discharge door which will open automatically when hopper is being raised and close YES automatically when hopper is being lowered. 1.7 Hopper dump control shall be by means of a single cab dash mounted rocker switch. YFS 1.8 A seal shall be provided between the hopper and the elevator to prevent dirt and dust emission. YFS 1.9 Hopper shall be a high dumping type, 114" minimum. YES YES 1.10 Hopper shall incorporate a right/curb side access door. YES 1.11 The sweeper shall include an in-cab hopper full indicator. Exhibit r -CI'� Specification for 3 Wheel mechanical street sweeper l Specification:3 Wheel mechanical street sweeper 1.12 The hopper shall incorporate a hydraulically driven load leveling system to assure maximum hopper capacity is obtained. YES 1.13 The complete dump cycle shall take 60 seconds or less. YES 2. CAB 2.1 Cab shall be fully enclosed and of all steel construction. YES 2.2 Cab shall be mounted front and center of sweeper for safety and unobstructed, panoramic, operator vision. YES 2.3 Cab shall be attached to chassis frame by means of rubber mounts. YES 2.4 Cab shall be dust and weather sealed and be equipped with factory installed air conditioning, heater and defroster. YFS 2.5 Grab handles shall be supplied on the front of the cab. YES 2.6 Cab interior shall be sound suppressed and insulated with an in cab noise level not exceeding 83 dBA. YES 2.7 Cab shall be furnished with two seats, one being the primary operator's station and the other for the purpose of operator YES training. 2.8 Operator's seat shall be single bucket suspension type with cloth upholstery, dual arm rests, and shock absorbers. YES 2.9 Both operator's seat and "buddy" seat shall have three point YES safety seat belts with shoulder and lap harnesses. 2.10 For operator safety and comfort, the front of seat to the front wall of cab shall be a minimum of 23", maximum 31". YES 2.11 For operator safety and comfort, the cab rear wall to cab front wall shall be a minimum of 60 'h". YES 2.12 For operator safety and comfort, the back seat to center line of steering column shall be a minimum of 17", maximum 31". YES 2.13 Cab shall have a single lever operated tilt and telescoping YES steering wheel. Exhibit Specification for 3 Wheel mechanical street sweeper C Of Specification:3 Wheel mechanical street sweeper 2.14 For operator's safety and comfort, cab shall have sliding windows on both right and left sides. YES 2.15 Cab shall have adequate storage space for driver's tool kit, lunch box, hard hat, coffee cup, coat etc. YES 2.16 Cab shall have dual west coast mirrors with extended frames and 12" convex sweeping mirrors on both sides. Sweepers that require a seat change during operation, must have remote power adjustable mirrors. YES 2.17 Cab shall have tinted safety glass throughout and a single full width tinted sun visor. YES 2.18 Cab shall be furnished with a full width interior ceiling shelf to accommodate a radio, documents and other equipment. YES 2.19 Cab door(s) shall be full safety glass for better sight lines. The door frame(s) shall be constructed of stainless steel to prevent rust and corrosion. YES 3. ENGINE 3.1 Sweeper shall be powered by a single Cummins QSF, Tier 4 Final, 4-cylinder, turbo charged four cycle diesel engine with a minimum horsepower rating of 130 HP @ 2500 engine RPM. Liter displacement shall be 3.8L and net torque rating of 360 ft. lbs. at 1600 RPM. All sweeper functions and drive systems shall be powered by this engine. YES 3.2 Engine shall have a two stage dry type air cleaner with safety element and restriction indicator. Plus TURBO II pre-cleaner or equal. YES 3.3 Engine shall be water cooled by aid of a radiator of swing-away design. YES 3.4 Antifreeze protection for engine shall be not less than minus 34 degrees Fahrenheit. YES 3.5 Engine shall automatically shut down and dispose itself from re-starting if any attempt is made to unlatch radiator away from its locked position. YES 3.6 Engine shall be protected against damage by means of an anti-crank device which will prevent re-engagement of starter EAbibit Specification for 3 Wheel mechanical street sweeper 7 i/ Specification:3 Wheel mechanical street sweeper while the engine is running. YES 3.7 Engine shall be fitted with a pusher fan with special "ejector" blades for centrifugal ejection of ambient dust particles from the engine compartment YES 4. TRACTION SYSTEM 4.1 Traction system shall be fully hydrostatic and capable of variable speeds up to 25 MPH. YES 4.2 Direction and speed selection shall be controlled by means of a dash mounted four position quadrant shifter which is electronically controlled. YES 4.3 Engine mounted traction pump shall be variable displacement axial piston type. YES 4.4 Broom and elevator speed shall be independent of vehicle speed YES 4.5 The traction drive system shall be capable of being shifted from "LOW" to"HIGH"while the sweeper is in motion. YES 4.6 The traction pump and motors shall be relief valve protected. YES 4.7 Operational road speed control shall be by means of a single automotive type foot pedal. YES 4.8 The traction system shall provide braking assistance when YES control pedal is released. 4.9 The rear wheel motor and torque hub drive system shall be a carrier beam type with rubber spring and torque rod suspension. YES 5. ELEVATOR 5.1 The elevator shall be 11 flight configuration with continuously molded rubber belts and replaceable corded rubber squeegee tips. Belt type conveyors systems will not be deemed YES as equal. 5.2 Elevator sprockets shall be of split flange type to enable YES replacement without having to remove belts and shafts. Exhibit A Specification for 3 Wheel mechanical street sweeper <O"f Specification:3 Wheel mechanical street sweeper 5.3 Elevator sprockets shall have hardened teeth for longevity. YES 5.4 Elevator flight bars shall be constructed of 2"x '/ ' aluminum angle. YES 5.5 Elevator speed shall be variable and reversible. YES 5.6 Elevator belt shafts shall be of split design to facilitate easy belt replacement. YES 5.7 Elevator motor drive shall be direct hydraulic (no chain YES or sprockets) with relief cartridge protection. 5.8 Elevator shall have an adjustable floor and deflector system to ensure even hopper loading and prevent back spilling. YES 5.9 Elevator floor shall incorporate an 'open/close' bulk material YES entry gate system, operator controlled from inside the cab 6. HYDRAULIC SYSTEM 6.1 Hydraulic oil reservoir system shall consist of two frame mounted tower tanks, each with an oil capacity of 18 gallons. The residual oil capacity shall be an additional 5 gallons for a total system capacity of 41 gallons. YES 6.2 To provide dependable performance and reduce maintenance costs, the hydraulic system MUST include the following filtration elements: 6.2.(1) A 40 micron tank fill neck strainer in each tank YES 6.2.(2) Each tank MUST have its own suction strainer YES rated at a minimum 100 mesh. 6.2.(3) A suction filter with restriction gauge MUST be supplied with a minimum rating of 10 microns. YES 6.2.(4) A high pressure filter complete with restriction YES status indicator shall be supplied. 6.2.(5) A water/hydraulic oil separator/filter shall be installed in the return circuit. YES 6.3 Each hydraulic tank shall be provided with a 5 psi. pressurized fill cap. YES Exhibit Specification for 3 Wheel mechanical street sweeper 0-c n Specification:3 Wheel mechanical street sweeper 6.4 Each hydraulic tank shall have rear mounted, accessible drain plugs. YES 6.5 Hydraulic manifolds, valves and solenoids must be mounted in a separate dedicated, enclosed compartment, away from debris and water, for protection and ease of access. YES 7. PICKUP BROOM 7.1 Pickup broom shall be 32" diameter and 58" long minimum. YES 7.2 Pickup broom drive shall be direct hydraulic, variable speed with relief valve protection YES 7.3 Pickup broom shall be hydraulically raised and lowered by a single, in cab dash mounted rocker switch YES 7.4 Pickup broom shall be self adjusting for pressure and wear YES 7.5 Pickup broom motor shall have a shaft and seal protection device which will prevent the ingress of damaging wire, cassette tape, fishing line, etc. YES 7.6 Pickup broom width shall match elevator width. Sweepers that attempt to funnel debris onto a narrow belt will not be accepted. YES 8. GUTTER BROOMS 8.1 Gutter brooms (right& left sides) shall be a minimum of 47" in diameter and each shall contain twelve snap-in "Tuff Grip" disposable steel tine segments. YES 8.2 Gutter broom drive shall be completely hydraulic and relief valve protected. YES 8.3 Gutter brooms shall be hydraulically lowered and raised by means of an in-cab, dash mounted rocker switch YES 8.4 Provisions shall be made for gutter broom pressure adjustment by means of independent dash mounted electrical switch gauges. YES 8.5 Gutter brooms shall be free floating both horizontally and YES vertically and shall be impact protected Exhibit Specification for 3 Wheel mechanical street sweeper (0 of(1 • Specification:3 Wheel mechanical street sweeper 8.6 Gutter broom curb angle adjustment shall be by simple multi hole and anchor pin arrangement. Adjustment shall be "wrench free". YES 8.7 Gutter broom support towers shall have adjustable travel "stop" mechanisms to limit inward travel of gutter brooms YES 8.8 Gutter broom motors shall have a shaft and seal protection device which will prevent the ingress of damaging wire, cassette tape, fishing line, etc. YES 8.9 Gutter brooms shall have in-cab speed control independent of engine rpm. YES 9. WATER SYSTEM 9.1 Water tank capacity shall be 230 gallons minimum YES 9.2 Water tank shall be constructed of cross-linked corrosion proof material. YES 9.3 A low water indicator shall be dash mounted in cab YES 9.4 Individual, adjustable, variable flow, water delivery valves shall be installed in the sweeper cab to allow operator to control water sprays over main broom and both gutter brooms YES 9.5 Twin electric diaphragm pumps with total output rating of 3.5 gallons per minute @ 45 PSI shall be supplied. YES 9.6 An in line 20 mesh screen type filter shall be installed in an accessible area and shall be capable of being checked, YES cleaned or changed without the use of tools 9.7 A 15' hydrant hose, coupler and wrench shall be supplied. YES 9.8 A high/low water flow switch shall be installed in the cab for additional water flow control YES 10. FUEL SYSTEM 10.1 Vehicle fuel system must include a 35 gallon diesel fuel tank.(minimum) YES 10.2 Fuel system must incorporate a fuel and water separator with built in primary fuel filter YES Exhibit Specification for 3 Wheel mechanical street sweeper [; j` 1 Specification:3 Wheel mechanical street sweeper 11. DIRT SHOES 11.1 Dirt shoes shall be of parallel arm design, polyethylene construction and be capable of floating over uneven surfaces, YES railroad tracks, raised manhole covers, etc. 11.2 For long life and optimal sweeping performance,the dirt shoes shall be of polyethylene construction and be able to sweep in reverse without raising the dirt show assembly YES 11.3 The polyethylene dirt shoes shall be guaranteed for 1000 hours of sweeper operation YES State the manufacturer's dirt shoe warranty 1000 hrs 12. BRAKES 12.1 Service brakes shall be internal expanding shoe and drum YES type on rear wheels. 12.2 Parking brake shall be mechanically applied and hydraulically released internal expanding type YES 12.3 Parking brake shall be automatically applied when sweeper YES is placed in "PARK" position 12.4 Brake master cylinder shall have an auxiliary boost feature YES 12.5 Standard braking system shall be assisted by vehicle's inherent dynamic braking when control pedal ("GO" Pedal) YES is released 13. STEERING 13.1 Steering shall be hydrostatic type, by means of an engine driven gear pump through a hydraulic cylinder and shall be capable of operation in the event of engine YES shutdown 14. FRONT(STEERING) AXLE I SPINDLE 14.1 Front sprung axle assembly shall be spindle type, YES with dual wheels and tires. 14.2 Front axle configuration shall be such that the standard front steering road wheels shall be not be closer than 40 inches Exhibit___A___ Specification for 3 Wheel mechanical street sweeper I Z 0417 Specification:3 Wheel mechanical street sweeper to the curb line when sweeping, to avoid tire damage from broken bottles and other sharp debris. YES 15. FRAME 15.1 Frame shall be constructed of 4 gauge, high strength low alloy steel (ASTM 607 or equivalent) with an RBM rating of 863,700 inch pounds and a minimum yield strength of YES not less than 50,000 psi 15.2 Frame shall be 13"x 3" 'C' section channel YES 15.3 Frame shall incorporate front & rear tow points YES 15.4 A tool/storage compartment shall be built into right rear fender YES 15.5 Frame attached gutter broom towers shall have reinforced cut outs to enable access to lower elevator bearings for ease of maintenance YES 16. ELECTRICAL SYSTEM 12 VOLT 16.1 Battery shall be maintenance free and rated at 900 CCA YES 16.2 A heavy duty 120 amp dust shielded alternator shall be supplied YES 16.3 All electrical connections shall be sealed and heat shrunk with epoxy resin connectors. No-splice wiring between connectors. YES 16.4 A sealed electrical systems locker shall be provided to house all controlling electrical components and protect them from exposure to dirt, moisture, and inclement weather YES 16.5 The system locker shall comprise of a sealed compartment YES to house both high amperage and low amperage components 16.6 All components within the locker shall be easily replaceable with minimum effort YES 16.7 All rocker switches in cab shall be sealed, back lit, YES and function identified 16.8 All electrical system diodes shall be located within the YES systems locker Exhibit A Specification for 3 Wheel mechanical street sweeper ' J of( Specification:3 Wheel mechanical street sweeper 16.9 A laminated electrical control unit diagram shall be attached to systems locker door for instant easy reference during troubleshooting or repair procedures YES 16.10 Two sealed beam headlights with in-dash high beam indicator shall be standard YES 16.11 Two speed windshield wiper, with delay, shall be provided YES 16.12 Sweeper shall be supplied with dual LED stop and tail light combinations, dual LED gutter broom lights, rear license plate light and bracket, LED back up lights and reflectors, self-canceling turn signals with hazard flashers, electrical back up alarm (107 dBA minimum) and hopper dump alarm YES (107 dBA minimum) 16.13 Solenoids for hydraulic manifolds shall be enclosed in rear fender compartment for protection and easy access. YES 16.14 All electrical wiring shall be solid colored, numbered and function coded every 12"for quick, easy identification purposes YES 17 SWEEPER BODY 17.1 Sweeper body shall have hinged, swing out single latched fiberglas side panels for simple, easy access to elevator, fuel YES tank fill and water manifold components 17.2 Rear radiator grille and engine cover shall have stainless steel hinges to enhance longevity and eliminate rust. YES 17.3 A heavy duty front bumper shall be supplied. YES 17.4 A rust and corrosion proof front grille shall be supplied. YES 17.5 A two step cab entry ladder with anti-slip, positive grip feature shall be supplied. YES 18. WHEELS AND TIRES 18.1 Front rims shall be 6.75 HC, 10 hole heavy duty steel YES disc type with 10R 17.5 G load range radial tires 18.2 Rear rims shall be disc type 8.25 X 22.5 with 11R 22.5 G load range radial tires. YES Exhibit A Specification for 3 Wheel mechanical street sweeper ! (1,n • Specification: 3 Wheel mechanical street sweeper 19.SUSPENSION 19.1 A rear drive motor carrier with full rubber spring and torque rod suspension shall be supplied. YES 19.2 Front (steering) axle assembly shall incorporate a weight and load matched `Rubber Spring' and torque rod suspension system. YES Suspension must be a full suspension, incorporating both front and rear axles. Sweepers that suspend the cab and/or rely on air suspension seats will not be considered as equal and will be deemed as non-compliant. 20. CAB DASH & INSTRUMENTS 20.1 An automotive style, anti glare, wrap-around dash with easily removable fascia and instrument panel shall be supplied YES 20.2 All dash mounted equipment including instruments, gauges, switches and display panels shall have extra length wires to permit lifting of dash for internal component access YES 20.3 Dash panel shall have a light emitting diode panel system which will monitor and provide an alert to the following systems: OIL PRESSURE, SWEEPER in PARK, RIGHT HYDRAULIC TANK LEVEL, LEFT HYDRAULIC TANK LEVEL, RIGHT AND LEFT TURN SIGNALS and HIGH BEAM INDICATOR. The panel shall also be capable of accommodating additional monitoring systems if required. YES 20.4 The dash board shall be of low cut design for completely unobstructed vision YES 20.5 The dash panel shall incorporate high flow adjustable side YES and windshield defrost vents 20.6 The side instrument panel shall accommodate all sweeping YES functions, heating and air conditioning controls 20.7 An automatic rear view camera with full color LCD monitor shall be supplied. The camera shall be equipped infra red lamps to allow for night vision. YES 20.8 The sweeper shall incorporate an ERGO switch function. This function will allow the operator to activate all sweeping components using one switch. The ERGO switch will be Exhibit (�;'S17 Specification for 3 Wheel mechanical street sweeper Specification:3 Wheel mechanical street sweeper capable of shutting down all sweeping components, as well as water, using the same ERGO switch. Must be one switch design. YES 21. SWEEPER DIMENSIONS 21.1 Sweeper shall meet the following minimum requirements 21.2 Wheel Base 116 in. YES 21.3 Turning Radius (Not to exceed) 12.5 ft. YES 21.4 Overall Length (Not to exceed) 214 in. YES 21.5 Maximum Height (Not to exceed) 118 in. YES 21.6 Maximum Width (Not to exceed) 98 in. YES 21.7 Sweeping Swath 125 in. YES 21.8 Maximum Weight/Empty 14,440 lbs YES 22 PAINT 22.1 All sweeper components, including but not limited to, CAB, HOPPER, FRAME, ELEVATOR, BODY PANELS, ENGINE COVER PANELS, BODY FLOOR PANELS, GENERAL BRACKETRY, shall be individually 100% powder coated BEFORE VEHICLE ASSEMBLY to protect the machine from the adversities of weather and the ravages of sweeping environments YES 22.2 Sweeper standard color shall be White YES 23. QUALITY 23.1 ALL fasteners above 1/4" in thread size shall be YES grade #8 or better. 23.2 ALL critical fasteners shall be torqued to manufacturer's quality requirements and a special torque striping paste YES shall be applied as witness to this procedure 23.3 ALL hydraulic hose pressure fittings shall be torqued to YES manufacturer's requirements. Exhibit I Specification for 3 Wheel mechanical street sweeper [ f(7(7 Specification:3 Wheel mechanical street sweeper 23.4 The sweeper shall be manufactured by a company with an internationally recognized and registered quality system which shall meet or exceed I.S.O. 9001 standards YES 24. WARRANTY 24.1 Sweeper shall carry a one year warranty covering 100% parts and labor with all repairs to be carried out at customer's YES location. 24.2 The John Deere shall carry a two year manufacturer's warranty YES 24.3 The Stainless Steel Hopper shall carry a lifetime manufacturer's warranty to first end user YES 25 MANUALS 25.1 The following documentation shall be supplied upon delivery of YES unit: a) Sweeper: 1-Parts Manuals, 1-Service/Operation Manuals, 1-Operator's Guide YES b) Engine: 1-Engine Users Guide. YES 26. TRAINING 26.1 Operator/mechanic training shall be provided at no charge by dealer at customer's location. YES 27 ADDITIONAL EQUIPMENT TO BE SUPPLIED 27.1 Cab Strobe with Limb Guard YES 27.2 Rear LED Arrow-stik with Limb Guard YES 27.3 Rear Flashing LED Strobes (2) YES 27.4 AM/FM/CD Stereo w/aux& USB ports YES 27.5 Elevator Flush YES 27.6 Hopper Flush YES 27.7 Front Mount, Joystick Controlled 3rd Gutter Broom YES It is understood that other governmental agencies, particularly in the State of Indiana, and any other tax supported governmental agencies, will be extended the opportunity to purchase off this bid (IC 36-1-7-12 ©). In entering into such agreements, the vendor and the purchaser understand that neither the city or county bidding specified equipment, are agents of, partners to/or representatives of these outside agencies and Exhibit A Specification for 3 Wheel mechanical street sweeper EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation&Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit(other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal &Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability(owned,hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements,the combined limits must equal these minimum limits of liability. I EXHIBIT D AFFIDAVIT Scott Brown being first duly sworn,deposes and says that he/she is familiar with and has personal knowledge of the facts herein and,if called as a witness in this matter,could testify as follows: I. I am over eighteen(I$)years of age and am competent to testify to the facts contained herein. 2_ I am now and at all times relevant herein have been employed by BEC Enterprises LLC.,dba Brown Equipment Company (the"Employer") in the position or Operations Director 3. I am familiar with the employment policies,practices,and procedures of the Employer and have the authority to act on behalf of the Employer. 4. The Employer is enrolled and participates in the federal E-Verify program. Documentation of this enrollment and participation is attached and incorporated herein. 5. The Employer does not knowingly employ any unauthorized aliens. 6. To the best of my information and belief,the Employer does not currently employ any unauthorized aliens. 7. FURTHER AFI;IANT SAYETH NOT. EXECUTED on the 28th day of June n019 . Printed: Scott Brown I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations arc true and correct. Printed: VASE v INDIANA RETAIL TAX EXEMPT Page 1 of 1 ]l� ®f CIIaT]1i1e1 CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 103030 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL,INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SUPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 7/25/2019 030130 LEASE=0 BEC ENTERPRISES LLC Street Department VENDOR 2501 S KENTUCKY AVE SHIP 3400 W. 131st Street TO Carmel, IN 46074- EVANSVILLE, IN 47714- (317)733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 38316 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1206 Fund: 0 Capital Lease Fund Account: 44-650.01 1 Each 2019 Global M3 Street Sweeper $228,850.00 $228,850.00 Sub Total $228,850.00 (r3scsi OF C. ,14)- (----- Ti i , w ■ 11 s • S Mw8 Send Invoice To ! ) Street Department ' D I P1Ol ' 3400 W. 131st Street Carmel, IN 46074- (317)733-2001 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT I PROJECT 1 PROJECT ACCOUNT I AMOUNT i PAYMENT $228,850.00 SHIPPING INSTRUCTIONS *A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN *SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBUGATED BALANCE IN 'C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 7 . 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 /�ic_ j /1�+_��_,,.i -{a---s'�4 j AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY IrD Dave Huffman James Crider TITLE Director Administration CONTROL NO. 1 03030 CLERK-TREASURER