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Home My Public Portal About005-2018 - Sanitation - Smith Implements - Z track mowerORIGINAL PURCHASE AGREEMENT THIS AGREEMENT made and entered into this /I- day of January, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Smith Implements, Inc., 3421 W. State Road 38, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) new 25-26 HP Ztrak Design Riding Mower with the specifics of the ZTrak being more specifically described in Exhibit `B", which is attached hereto and incorporated by reference herein. A Request for Quotes has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation for the City of Richmond, Indiana, consisting of a total of one (1) typewritten page, which is attached hereto and incorporated herein by reference as Exhibit «A„ The response of Contractor to said Request for Quotes is attached hereto and incorporated by reference herein as Exhibit `B", consisting of eleven (11) typewritten pages. 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION H. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. PURCHASE PRICE City shall pay Contractor a sum not to exceed Nine Thousand One Hundred Eighty -One Dollars and Forty -Eight Cents ($9,181.48) for the above described new ZTrak Design Commercial Mower. Said amount includes all shipping, handling and delivery charges. The equipment is to be delivered to the Richmond Sanitary District Wastewater Treatment Plan, 2380 Liberty Avenue, Richmond, Indiana. The estimated delivery time for the above described equipment is thirty (30) days after the execution of this Purchase Agreement. Contract No. 5-2018 Page 1 of 3 SECTION IV. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. SECTION V. 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. If any portion of this agreement is declared unenforceable by a com 1 or tribunal, all other portions shall remain in full force and effect. Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners ByA4ue Miller, President Aman Bakshi, Vice President e ens, Member Dated: / f APPROVED: Dav' now, Ma Dated: (I r L I "CONTRACTOR" SMITH IMPLEMENTS, INC. By: 4L ��. Printed: ADY �OOW4 Title: Ju r Aw Dated: \J & Page 3 of 3 2017 The,City of Richmond, Richmond Sanitary District is requesting quotes for One (1) New ZTralc Design Commercial Mower Equipment Needed: One (1) 2526 pP ZTrbk Design RidingMower with 60" On Demand Mulching Decic. Tire.ta be 24x12-12 Tux Proposal Sheet Company Submitting Quote: Cost of Mower aiad On Demand Mulch Deck: $ Price Firm for How Long: Estimated Delveiy Time: Prices to include all shipping, handling, deliver* charges. All equipment lied is to be daIiYexetl to the -Richmond Sanitary District -Wastewater TreatmentPlant, 2380 Liberty Avenue, Richmond, M 47374 All questions shallbe directed to Jeff Lohmoeller at 765-983 7464/765,-993-2679 or NIm Cla k at 765 983-7452. . Authorized Signature Date Contactreorson PhbneNumber Company e 'PRICE REQUEST o • u o CITY OF MCHMOND D1TAF2380LM n YAVEgU&KCDN9N4IN THIS IS NOT AN ORDER 2380 LIBERTYAVENUE.RICFA4DAID,INDIANA47374 PRONE (765) 983-7450.FAX(765) 962 2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be Smith Implements, Inc. attached hereto. This is NOT an order and the City reserves h the right to accept all or part, or decline the entire proposal. 3421 W. State Road 38 Please complete your full name and phone number below . with signature; itemize all prices and charges where R el mood, IN 47374 requested; and attach any explanation for any substitution to ATT'N: Andy Combs specifications altered. Return In a sealed envelope, In care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: August 24, 2017 10:00 A.M. on September 12, 2017 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for purchasing One 25-26 HP Ztrack Design Riding Mower. Specifications are enclosed. Items are to be assembled and delivered to 2380 Liberty Avenue (after•quote is awarded and a Purchase Order is issued). All E-Verify requirements and Indiana Local Preference Claims will apply to this quote. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Board of Commissioners 2380 Liberty Avenue Richmond, IN 47374 Re: mower Please include all warranty information with quote. Any questions, please call Jeff Lohmoeller at 765-983-7464 or 765-993 2670. Quote Valid Unit] STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District NA E OF FIRM OTING �A l' Ac / MORIZED BY SIGNATURE ua2i�r� CyU" . �4Z TITLE 76 3-40� AT PHONE NUMBER 6A�1tw A3 2017 The City of Richmond, Richmond Sanitary District is requesting quotes for .One (1) New ZTrak Design Commercial Mower Equipment Needed: One (1) 25 26 HP ZTrak Design Riding Mower with 60" On -Demand Mulching Deck. Tire to be 24z12-12 Turf Proposal Sheet Company Submitting Quote: 16 , �[/�.i Cost of Mower and On Demand Mulch Deck: $ -1, IfI Price Firm for How Long: 3b , SI 0 l l 1 1 Estimated Deiiveiy Time: Y2 Prices to include all shipping, handling, delivery charges. All equipment listed is to be delivered to the Richmond Sanitary District Wastewater Treatment Plant, 2380 Liberty Avenue, Richmond, IN 47374 All questions shall be directed to Jeff Lohmoeller at 765-983-7464/765-993 2670 or Mike Clark at 765-983-7452. MDOONd Conct Person a ja L- Company /1 P ate . %i 330,-) Phone Number Io l- ,' DEERE Quote Id: 15950217 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNSM 60-7690989 SMITH - IMPLEMENTS ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Smith Implements, Inc. 3421 West State Road 38 Richmond, IN 47374 888-272-2621 glennapittman@smithimplements.com Prepared For: Richmond Sanitary Dist Proposal For: Delivering Dealer: Quote Prepared By: Andrew Coomes Andrew Coomes andycoomes@smithimplements.com Smith Implements, Inc. 3421 West State Road 38 Richmond, IN 47374 glennapittman@smithimplements.com t-1 x �" � p j-4 +3 Date: 25 August 2017 Offer Expires: 29 September 2017 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382680; DUNS#: 60-7690989 Prepared For: Richmond Sanitary Dist 2380 Liberty Ave Richmond, IN 47374 Business: 765-983-7450 M'T IMPLEMENTS ALL PURCHASE.ORDERS MUST BE SENT TO DELIVERING DEALER: Smith Implements, Inc. 3421 West State Road 38 Richmond, IN 47374 888-272-2521 glennapitiman@smithimplements.com Quote Summary Equipment Summary Suggested List JOHN DEERE Z930M Commercial $11,924.00 ZTrak Contract: IN Landscaping NJPA Piggyback 16370 (PG 3P) Price Effective Date. August 25, 2017 Equipment Total Delivering Dealer: Smith Implements, Inc. Andrew Coomes 3421 West State Road 38 Richmond, IN 47374 Phone: 888-272-2521 andycoomes@smithimplements.com Quote ID: 16950217 Created On: 25 August 2.017 Last Modified On: 11 September 2017 Expiration Date: 29 September 2017 Selling Price Qty Extended $ 9,181.48 X 1 = $ 9,181.48 $ 9,181A8 Quote Summary Equipment Total $ 9,181.48 Trade In SubTotal $ 9,181.48 Est. Service $ 0.00 Agreement Tax Total $ 9,181.48 Balance Due $ 9,181.48 Salesperson: X Accepted By: X Selling Equipment Quote Id: 16950217 Customer Name: RICHMOND SANITARY DIST ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: - Deere & Company Smith Implements, Inc. 2000 John Deere Run 3421 West State Road 38 Cary, NC 27613 Richmond, IN 47374 FED ID: 36-2382580; DUNS#: 60-7690989 888-272-2521 glennapittman@smithimplements.com JOHN DEERE Z930M Commercial ZTrak Contract: IN Landscaping NJPA Piggyback 16370 (PG 3P) Suggested List* Price Effective Datez August 25, 2017 . $ 11,924.00 Selling Price * $ 9,181.48 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 2163TC Z930M Commercial ZTrak 1 $10,579.00 23.00 $ 2,433.17 $ 8,145.83 $ 8,145.83 Standard Options - Per Unit ~ —1 001A United States/Canada 1 $ 0.00 23.00 - $ 0.00 $ 0.00 $ 0.00 1036 24x12xl2 Pneumatic Turf 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Tire for 54 In. and 60 In. Decks 1505 60 In. Mulch On Demand 1 $ 870.00 23.00 $ 200.10 $ 669.90 $ 669.90 Mower Deck 2002 Fully Adjustable Suspension 1 $ 475.00 23.00 $ 109.25 $ 365.75 $ 365.75 Seat with Armrests Standard Options Total $1,346.00 $ 309.36 $1,036.66 $1,036.66 —$ Value Added Services $ 0.00 -- ----------- -` $ 0.00 0.00 Total -.- --= ------- -- - - -- ---- ------ -- Suggested Price $ 9,181.48 JOHN DEERE Extended Repair Tin Proposal PovuhrGard`rm Protection Plan Residential Date :September 11, 2017 machine/Use Information Plan Description Price Manufacturer JOHN DEERE Plan Type: Deductible: Equipment Type Z930M GAS Coverage: Quoted Price $ 0.00 Model Z930M GAS Total Months: Total Hours: THIS PROPOSAL IS VALID FOR 3D-DAYS FROM DATE ISSUED. GRACE pricing is offered only early during the Deere bask warranty period and has no surcharges. After this period, DELAYED PURCHASE pricing (surcharged) Isoffared laterdudng the John Deere Basic Warranty. Many PowerGard quotes presented In the Delayed Purchase Periodxn'g require hnspectionfcerrdicatio n process and mustabo past fluid testing. The Total Months and Total Hours listed above Include the John Deere Baslcwarranty temns49 months I2DDo hours on Tractors, 24 months an Golf & Turf Products,12 months forall AG Hervestirg and Sprayer equipment and 12 monthsfl000 hours an most Gator Utility Vehicles)."Limited" Plan coverage = Engine & Paviedmin only. `Comprehensive' Plan coverage - Full Machine. Proposal Prepared for: I have been offered this coverage and Customer Name - Please Print n 1 ACCEPT the Residential plan 0 1 DECLINE the Residential plan Customer Signature if declined, l fully understand that my equipment listed above is not covered for repair expenses due to component failures beyond the original basic warranty period provided by John Deere. Note: This is not a contract. For specific PowerGard TM Protection plan Residential coverage, please refer to the terms and conditions on John Deere's public website(www.Joh Deere coo) under Services & Support >Warranty > Extended Warranties > PowerGard protection plan Residentia . PowerGardTm Protection Plan Residential (Residential plan) is: The PowerGardrm Protection Plan Residential is an extended repair plan that provides parts and labor coverage up to four years beyond the manufacturer's warranty.1t is available on all riding lawn equ)pment,zero-turn radius mowers, utility vehicles, utility tractors and compact utility tractors.Your John Deere equipment will be in the hands of qualified, certified technicians from John Deere dealers using Genuine John Deere Parts. Not covered under a Residential plan: Residential plans do not cover routine maintenance services or items normally designed to be replaced by the purchaser due to normal wear and tear. They do not cover any product used for commercial or rental applications. They also do not cover repairs for damage from accident, misuse, fire, theft, or exposure to weather conditions such as lightning, hail, flood or water. See the actual PowerGardTM Protection Plan Residential Terms and Conditions for a complete listing of coverage,and limitations and conditions under the program. i t+b yry 13 Benefits of a Residential plan: • Offer the choice of adding up to 4 years of repair coverage beyond the machine's factory warranty. • Do not require preapproval before repairs are made by the authorized John Deere dealership. • Is transferable by the original purchaser for the balance of the original agreement period. • Ensures higher resale value and makes equipment more marketable during sale or trade-in. • Comprehensive Plans: • No deductibles and no out-of-pocket costs bn covered repairs. • Free transportation for factory warranty and extended repair plan repairs for the term of the plan(Note:A surcharge may apply for machines located outside of the dealerships normal service area). • Limited Powertrain Plans: 4 Low deductibles on covered repairs e Do not provide transportation coverage