HomeMy Public PortalAbout107-2017 - Street - Brown Equipment Co. - 2 Street SweepersPURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this 2#day of / �� , 2017,
by and between the City of Richmond, Indiana, a municipal corporation acting and through its
Board of Public Works and Safety (hereinafter referred to as the "City") and Brown Equipment Co.,
Inc., P.O. Box 9799, Fort Wayne, Indiana, 46899-9799 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish two (2) new Global 3M Street Sweepers (hereinafter
"Vehicles") for the City of Richmond Street Department.
City requested a quote from Contractor as a sole -source provider and Contractor's quote is attached
hereto as "Exhibit A," which Exhibit is dated August 2, 2017, consists of one (1) page, 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 Vehicles that do 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 Vehicles. 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. 107-2017
Page 1 of 5
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicles, provided that
Contractor's total compensation shall not exceed Three Hundred Seventy Thousand Dollars and Zero
Cents ($370,000.00) for purchase of the Vehicles pursuant to this Agreement (with trade-in
allowance for two (2) Johnston Mechanical Street Sweepers).
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 Vehicles.
Notwithstanding the tern 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.
Page 2of5
Coverage
A. Worker's Compensation &
Disability Requirements
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
Limits
Statutory
$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
$2,000,000 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.
Page 3 of 5
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:
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.
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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.
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: rl&
Vicki Robinson, President
By:
Ri hard Foore, Member A
M.
APPROVED:
Date: o " 2- "
"CONTRACTOR"
BROWN EQUIPMENT CO., INC.
P.O. Box 9799
Fort Wayne, IN 46899-9799
Printed: Sc04-t" 6mcx ,h
Title: (/Ice_ Pnsde••A
Date: �9-3GI`l7
Page 5 of 5
BROWN EQUIPMENT CO., INC.
P.O. Box 9799
Fort Wayne, IN 46899-9799
PH:800-747-2312 FX:260-478-1475
www.brownequipment.net
joe@brownequipment.net
Mr. T.L. Bosell Date 8/2/2017
Street Commissioner Sales Quotation Quote Expires on:
700 Richmond Ave. 8/18/2017
Richmond, IN 47374
Quote Number: Joe Williams
Part #
Description
Cost
Qty
Extend
Street
GLOBAL M3 Street Sweeper. INCLUDES:
$195,000.00
2
$390,000.00
Sweeper
Three Wheel Design, Dual Gutter Brooms with In -Cab
Speed Control, 5.6 cu.yd. High Dump Hopper, Totally
Hydrostatic, Front Center Mount Steering with Spring
Suspension, Rear Camera System, TURBO II Pre -cleaner,
John Deere Diesel (115hp) 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, 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, 1 2.5'Turning Radius,
"Comfort Glide" Drive Axle Suspension, Hopper and
Elevator Flush, Hydraulic Leaf Gate, Unsurpassed Visibility,
and Manuals as Specified.
Standard Global One Year Parts and Labor Warranty
Standard John Deere Two Year/2000 Hour Warranty
Otional Trade -In for Johnston Mechanical Street Sweepers
($10,000.00)
2
($20,000.00)
Delivery: 90-120 days ARO
F.O.B.: Richmond, IN
Please visit www.brownequipment.net for more
information!
Sub -Total $370,000.00
Tax
Total
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