HomeMy Public PortalAbout065-2019 - Parks - Kenney Machinery Corp - EquipmentAGREEMENT
THIS AGREEMENT made and entered into this day of 2019, and referred to as
Contract No. 65 -2019 by and between the City of Richmond, Indiana, a 4unicipal corporation acting by
and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Kenney
Machinery Corporation, 8420 Zionsville Road, Indianapolis, Indiana, 46268-1565 (hereinafter referred to
as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish one (1) Reelmaster 3 5 75D mower, one workman Utility mower,
one (1) Groundsmaster 3 500D mower, one (1) Sand Pro 3 040 mower, one (1) Greensmaster 3150Q
mower, and one (1) workman GTX mower (hereinafter revered to as "Vehicles" and/or "Equipment") as
further set forth on Contractor's bid response (with trade-in of five (5) older -model mowers) for the
Richmond Parks Department in Richmond, Indiana.
Bid Specifications dated March 30, 2019, have been made available for inspection by Contractor, are on
file in the office of the Director of the Parks Department for the City of Richmond, and 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 Request for Responses is attached hereto as Exhibit A, which Exhibit
is dated April 10, 2019, consists of four (4) pages, and is also hereby incorporated by reference and made
a part of this Agreement. Contractor agrees to abide by thip same.
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 which are incidental to
the proper completion of all work specified.
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/or warranties;
2. The City is in receipt of any required affidavit signed by Contractor in accordance
with Indiana Code 22-5-1.7-11(a)(2); and
3. 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 work.
Contract No. 65--2019
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed One Hundred Forty-five Thousand Three Hundred
Forty Dollars and Thirty-six Cents ($145,340.36) for purchase of the Vehicles to be furnished by
Contractor, which total includes any costs applied for the trade-in allowances for five (5) older -model
mowers.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon complete execution of this Agreement and shall continue in
effect until delivery and acceptance of the Vehicles pursuant to this Agreement.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for
cause, at any time by giving at least five (5) working days written notice specifying the effective date and
the reasons for termination which shall include but not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations
under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement is
made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed prior
to the effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by
setting forth the reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or --any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or
employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such
insurance as will protect it from the claims set forth below which may arise out of or result from the
Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-
contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the
Contractor may be held responsible.
Page 2of6
Covera e
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
$1003000
$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 $11,0003000 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. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status
of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not
required to verify the work eligibility status of all newly hired employees of the contractor through the
Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of
this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does
not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event
Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (3 0) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the
violation within the thirty (3 0) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that terminating
this Agreement would be detrimental to the public interest or public property, the City may allow this
Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated
under this section, then pursuant to IC 22-5-1.7--13 (c) the Contractor will remain liable to the City for
actual damages.
Page 3 of 6
SECTION VHL 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 Ix. PROHIBITION AGAINST DISCRRVIINATION
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:
I. 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 acting 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.
Page 4 of 6
SECTION X. 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 XI. 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.
[Signature Page to Follow.]
Page 5 of 6
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 Parks and Recreation
By:
Mike Foley, Preside t
Date: 15 8 1� 6 1I
"CONTRACTOR"
KENNEY MACHINERY CORPORATION
8420 Zionsville Road
Indianapolis, IN 46268--1565
By �� i�e✓�--�
Printed: Sct,44- Q(eJecJ
APPROVED: Title: �t�.) �v�cs� 1� 4✓�o.Qe l
4 - now, ayor
Date:
� (0 //y Date: S-' /7— ( 9.
t I
Page 6 of 6
SEC}, OFFER OR PROPOSAL FOR SALE OR LEASEOF MATERIALS*
(Please type or print)
Date:+
1. Governmental Unit: - ►� ���
2 County' 1ft�V 4.e-
3. Bidder (Firm):
Addrese: Y 0z
City/State:
4, Telephone Number. 9117 -- 5'93 -- .2 3 17
5, Agent -of Bidder of applicable):
Pursuant to notices given, the undersigned offers bld s O P 2%c4kokld
. � � t o
(QQvernmental Unit) In accordance with'the following attachment(s) which specify thel` -
description, quantity, unit, unit price and total amount, P y class o r item number or
The contract will be awarded by classes or Items, In accordance with oitep ati nss eclflc o '
Lions in the Items specified will render such bid , Any charges or aitei•a-
v id as to that class or m, Bidder promis.es that he has not
offered nor received a less price than the price stated In his bid for the materials included In said b'
'then agrees that he will not withdraw his bid from the office In whichbid. Bidder fur
!# is filed. A certified check or bond shall
be filed with each bid if required, and liability for breach shall be enforceable upon the contract the b
tifled check or+both as the case may fie, and or cer-
d
Signature of Bidder or Agent
BID OFFER OR •PROPbSAL
Attach separate sheet listing each item bid based on speciflcatlons b published
is an example of the bid format; p y governing body, Following
Class or Item Quantit Unit I IDescri tlora Unit Price Amount
e- COL, Yed
NON -COLLUSION AFFIDAVIT
RTATP nC: tnIni A M A %
EXHIBIT PAGE 1'_.OF
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KENNEY
M A C H
i N F
,
2019-04-09
,
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Quote ID: Q14496 •
� Distributor Detail
Vicki Robinson
Quote Expire' Date; 2019-07-03
RENNEY MACHINERY
Purchasing Director .
Customer Requested .Date:
CORPORATION
Highland Lake Golf Club
Mike Grimm SOPS
'
1972 Highland Rd Richmond, Indiana
; mike.grirnrn@kmciurf.cam
United States
260-403-5956
#47374-9239
Qty ID
Name
Award
Ext. Award
1 03821
Reelmaster 3575-D '
$34,331.04
$34,331.04
�. 03408
7 inch Powered Rear
$2,739.96
$2,739.96
•' Roller Brush
'
5 03638
'• 22 Inch 7-inch, 8 Blade
$2,694.60
$13,473.00
Radial Reel Edgeseries
❑C
Destination Charge
$1,588.72
'
Subtotal
$52,I.32.72 .
1 30807
Groundsmaster 3500-D
$31,990.68
$31,990.68
DC ';•,
Destination Charge
$479.86
'
Subtotal
$32,470.54
• 1 08703
Sand Pro 3040
$14,573.5Z
$14,573.52 .
�. 08732
weeder -Tine Toolbar
$802,44
$802.44
�. 08731
Mid -Mount AsseYnbly
,
$1,209.60
$11209.60
�. 08751 .
, Tooth Rake
$1,222.56
$1,222.56
❑C
'. Destination Charge
$534.24
,
Subtotal
$18,342.36
Quote I D : Q1449 6
. Count on It
EXHIBIT - PA
MACHINERYKIEP4P4EY
' Qty
ID ''
Name,
Award Ext. Award
2
04358
Greensmaster 3150-Q
$23,049.36
$23,D49.36
1
138-4976
Pull Link Kit (Set Of 3)
$451.83
$451.83
1
04554
Light lit -• LED
$484.92
$484.92
1
04626
Narrow Wlehle Roller
$912.60
$912,60 '
(,200 Inch Spacing) (Set
'
of 3) '
3
04283
21 Groomer, Spring Steel '
$436.32
3
04648
% Universal Groomer Drive
$1,459.08
$4,377.24
• 3
04654
11 Blade Cutting Unit'
$2,158.92
$61476.75
❑C
Destination Charge
Subtotal
$38,173.52
07042
Workman GTK
$7,785.72
$7,785,72
1
07921
2-Person Canopy
$383.40
$383.40
1
07921
Fold -Down Windshield
$287,84
. $287,84
DC
Destination Charge
$264.26
Subtotal
$8,721.22
1
L03 Trade
2008 Toro GR 3150
$1,000.00
$1,000.00
.
L03 Trade
' 2008 Toro RM 5510
$10750-00
$1,750.00
s
L03 Trade
2000 EZ-GO Cart
$250.00 , '
$250.00
L03 Trade
Toro Sand Pro"
$250.00
$250.00
L03 Trade
2008 Toro 3500-6
$1,250.00
$10250.00
Quote ;
• .
Count on IHL
r, EXHIBIT PAGE '..'p� 0�
r
' i do
Totals .
Terms:
TPP Total $0.00
Trade In Total-$4,500.00
Toro Equipment Total - $149,840.36
5tate.Sales Tax $0.D0
Destination Charge $0.00
Total $145,340,36
**Three year Toro factory warranty on all new equipment
**This pricing is only valid if ALL the equipment is purchased
Quote ID: Q14496 3
'100unt an It
EXHIBIT
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