HomeMy Public PortalAbout156-2018 - Street - Bob Cat of Anderson - Bob Cat Compact Track LoaderPURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this le- day of &I 2018, by
and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of
Public Works and Safety (hereinafter referred to as the "City") and Bobcat of Anderson 2075 East County
Road 67, Anderson, Indiana, 46017 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish one (1) T650 T4 Bobcat Compact Track Loader (hereinafter
referred to as "Vehicle") for the City of Richmond Street Department.
Certain Bid Specifications dated September 19, 2018, have been made available for inspection by
Contractor, are on file with the Director of the Office of Purchasing and the Office of the 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 September 24, 2018, consists of two (2) 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 Vehicle 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
Vehicle. 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. 156-2018
Page 1 of 5
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicle, provided that
Contractor's total compensation shall not exceed Fifty-five Thousand Six Hundred Thirty-one Dollars and
Ninety-three Cents ($55,631.93) for purchase of the Vehicle 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 Vehicle.
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.
hi 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.
Coverage
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,OOO.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.
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 5-1676-1, 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:
Vicki Robinson, President
By;
Richard Foore, Member
By:
Emily Pa r, Member
Date:
APPROVED;55a-vildm:�.Snow,
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Date: Q Z l b
"CONTRACTOR"
BOBCAT OF ANDERSON
2075 East County Road 67
Anderson, IN 46017
By: //,Sy" /
Printed: , , 1 A09AAS s4 r w" ¢
Title: i ii Toy y �G✓c 5 /t'�c�
Date: / /17 & /
Page 5 of 5
a
CITY OF RICHMOND
50 North Fifth Street PRICE REQUEST
DIA�r Richmond, Indiana 47374 Q
(765) 983-7200 THIS IS NOT AN ORDER
VENDOR 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.
DATE
Sept. 19, 2018
PLY MUST BE
kSelpt. 28 2018 by 12:00 noon
DELIVERY REQUIRED
DELIVERED
PAYMENT TERMS
UPON RECEIPT OF INVOICE
QUANTITY
A
DESCRIPTION
UNIT PRICE
TOTAL
Bobcat Track Loader
(see attached)
Quote may be mailed, faxed or deliv-
ered to City of Richmond -Purchasing
50 North 5th Street, Richmond, IN
47374, FAX. (765) 973-1517
PRICE REQUEST
BY qiAl
VICKI ROBINSON
PURCHASING DIRECTOR
* Bids are to be mailed or brought to the
Purchasing Department in the Richmond
Municipal Building at 50 North 5th Street.
NAME OF FIRM QUOTING
BY
AUTHORIZED BY
TITLE
DATE
State Tax Exemption No. 003121909-001 _ Phone No.
0912412018 14:16
r r •
Bobcat.
is
TAX)
Product Quotation
Quotation Number: 2971EO29745
Date: 2018-09-21 10,42:32
Ship to Bobcat Dealer Bill To
City of Richmond -Purchasing Bobcat of Anderson,Anderson,IN City of Richmond -Purchasing
Attn: Vioki Robinson 2076 EAST COUNTY ROAD 67 Attn: Vicki Robinson
50 North 5th Street ANDERSON IN 46017 50 North 5th Street
Richmond, IN 47374 Contact: Tom Stewart Richmond, IN 47374
Phone: (765) 983-7200 Phone: 3177973990 Phone: (765) 983-7200
Fax: (755) 973-1617 torn.stewart@bobcatofindy.00m Fax: (765) 973-1517
Description
T650 T4 Bobcat Compact Track Loader
74 HP Tier 4 Turbo Diesel Engine
Auxiliary Hydraulics_ Variable Flow
Backup Alarm
Bob-Tach
Bobcat Interlock Control System (BICS)
Controls: Bobcat Standard
Cylinder Cushioning - Lift, Tilt
Engine/Iydrauliq Systams Shutdown
Glow'Plugs (Automatically Activated)
Horn
Instluzmentation. Engine Temp and Fuel Gauges, Hourmeter,
RPM and Warning Lights
Lift Arm Support
A91 Option Package
Cab enclosure with Heat and AC
High Flow Hydraulics
Sound Reduction
Hydraulic Bucket Positioning
Power 13ob-Tach
Two Speed Travel
P.006l009
Tart No Qty Price Ea. 'Dotal
M0271 1 $39,419.46 $39,419.46
Lift Path: Vertical
Tights, Front & Rear
Operator Cab
Tmcludw: Adjustable Suspension Seat, Top & Rear
Windows, Seat Bar, Seat Belt
Roll Over Protective Structure (ROPS) meets SAE-J1040
& ISO 3471
Palling Object Protective Structure (FOPS) meet$ SAE-
J1043 & ISO 3449, Level I; (Level II is available through
Bobcat Parts)
Parking Brake: Spring Applied, Pressure Released
(SAPR)
Solid Mounted Carriage with 4 RolIers
Spark Arrestor Exhaust System
Traoks: Rubber, 12.6" wide
Machine Warranty: 12 Months, unlimited hours
Bobcat Engine Warranty: Additional 12 Months or total
of2000 hours after initial 12 mouth warranty
M0271-POI-A91 1 $6,983.73 $6,983.73
Deluxe Instrument Panel
Keyless Start
Attachment Control Kit
Cab Accessories Package
3-Point Seat Belt
Advanced Control System (ACS) •
M0271-ROI-CO3
1
$1,405,89
$1,405:89
Heated Air Ride Suspension Seat - Cloth
M0271-RO-C12
1
$290.83
$290.83
Radio
M0271-R26-CO2
1
$304,80
S304.80
Reversing Fan
M0271-R32-0O2
1
$377.19
$377,19
Automatic Ride Control
M0271-R33-CO2
1
$453.39
$453,39
Telematics US
M0271-R51-0O2
1
$0.00
$0.00
Side Light Kit
7256348
1
$189.86
$189,86
Rear View Camera, Installed
1
$595,00
$595,00
74" Low Profile )Bucket
6731421
1
$784,58
$784,58
-� Bolt -On Cutting Edge, 74"
6718007
1
S177.71
$177,71
84" A,ugle Broom
6905806
1
$4,104.24
$4,104.24
4K Heavy Duty pallet Fork Frame
7294305
1
$316.39
$316.39
--- 48" 4K Heavy Duty Pallet Fork Teeth
6$40182
1
$228.86
$229.86
Total of Items Quoted $55,G3i.93
Quote Total - US dollar's $55,631.93
Notes:
EXHIBIT ��w PAOO-z—
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