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Home My Public Portal About164-2019 - Street - Bob Cat of Dayton Ohio - Bob Cat Excavatore e . ORIGINAL PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this "'ayf 2019 b oy 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 Dayton Ohio, 2850 East River Road, Dayton, Ohio, 45439 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) E35 25HP R-Series Bobcat Excavator with extendable arm package (hereinafter referred to as "Vehicle" or "Equipment") for the City of Richmond Street Department. Certain Bid Specifications dated September 19, 2019, 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 21, 2019, consists of three (3) 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 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. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement. Contract No. 164-2019 Page 1 of S i 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-one Thousand Two Hundred Forty-three Dollars and Forty-six Cents ($51,243.46) 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. 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. Covera Limits A. worker's Compensation & Statutory Disability Requirements Page 2of5 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $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 night 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 5-16-6-1, the Contractor agrees: Page 3 of 5 l . 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. `CCITY" "CONTRACTOR" THE CITY OF RICHMOND, BOBCAT OF DAYTON OHIO INDIANA BY AND THROUGH ITS BOARD 2850 East River Road OF PUBLIC WORDS AND SAFETY Dayton, OH 45439 By: . Yicki Robinson, President o . By; Tmily Pa er, Member By: Matt Evans, Member Date: 140`0021--1? APPROVED: . Sno MayoF Date: D Page 5 of 5 By: Printed: pp r r��,o �� P 44 Title: '(6 1.,*,s 6peciatf"S-f Date: 'I)- / — ! q From: 08/20/20113 14:43 #709 P-001/004 SFP 9 CITY OF RICHMOND � SO North Fifth Street Richmond, Indiana 47374 PRICE REQUEST (765) 983-7200 TIiIS IS NOT AN ORDER VENDOR 1N5TRUCTIONS aobca� o� I��yfo,u � �50 Ects} fA (jf� rYclu.j 4.cjt3 o WTo V51/3 q 1-431-a43�3146 � f-P'Ee . -f3%-673-65fi3 PERK-y 9cww�M Ce.f( DATE j2Q19 QUANTITY REPLY MUST BE CATALOG NO, 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 accepf.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. DELIVERY REQUIRED DESCRIPTION Bobcat Mina Excavator (see attached) PAYMENT TtRMS UNIT PRICE 'TOTAL _ Bids may be mailed or faxed to the City of Richmond, ATE: Kara Messier, 50 North 5th Street; Rzohmond,.IN 47374; (fax) 765- 983-7212 or emai led to kmessler@richmondindiana.gov ; PRICE REQUEST NAME OF FIRM QUOTWCZ DaDL cyj Bx— - - MESSLER - PURCRASI11iG MANAGER BY P- kk9e 4 _to (L�±UTHOMZED BY � �! �. .�. TITLE ' r State Tax Exemption No.. 003121909-041 - DATE _ Phone Nd ral=s i "'T _L OF is •r�•....»...«.�.�.rNy...,•.,��+rA.+..w�tr+�tir++�'r•Y�.irW �.�4+rr.w.r�Yr�.�.nwrti.�hN I.YYY.r.�..N..\rr-�..-.M�� ^�•w4�� r.. ... yr`r a m 09/20/2019 14:44 •#70e P_003/004 B ob Product Quotation - cat Quotation Number., HMM-17648 Date: 2019-09-17 09:19:05 Customer Name/Address; 0 Bobcat- DeliveringORDER TO BE PLACED WITH - Contract i7ealer Contract Holder/Manufacturer City of Richmond Bobcat of Dayton, Dayton, OH Clark Equipment Co dba Bobcat Attn: TL (Tracy) Bosell 2850 EAST RIMER ROAD Company 700 Richmond Ave DAYTON iDH 45439 250 E Beaton Dr, PO Box 5000 Richmond, IN 47374 Phone: (937) 293-3175 West Fargo, ND 58078 Phone: 1-755-983-7225 Fax: (937) 293-7392 Phone: 701-241-8719 Fax: 855-508-0881 Contact: Heather Messmer Heather. Messmer@doosan.com Description Part No Qty Price Fa. Total E-35 25HP RnSerles Bobcat Compact M3311 1 $33,635.70 $33,635.70 Excavator 24.8 `HP Tier 4 Engine/Hydraulic Monitor with Shutdown Auto idle -Fingertip Auxiliary Hydraulic Control Auto -Shift, 2-Speed Trades Fingertip Boom Swing Control Auxiliary Hydraulics, Selectable Flow with Boom Horn Mounted Flush Face wick Couplers Hydraulic Joystick Controls Canopy Rubber Track a Includes: Cup. Holder, Retractable Seat Belt, Spark Arrestor Exhaust System Suspension Seat Tier 4, Hon QPF • Roll Over Protective Structure (RAPS)- Meets Vandalism Protection Requirements of ISO 12117-2: 2008 work Lights ■ Tip Over Protective Structure (TOPS) - Meets x-Change (Attachment Mounting System Requirements of ISO 12117: 2000 Zero Tall Swing • Falling abject Protective Stucture (FOPS) - Meets warranty: 2 years, or 2000 hours whichever Requirements of ISO 10261 occurs f rat Control Console Locks . Control Pattern Selector valve (IS QISTD) -Dozer Blade with Float Factory E66 Extendable Arm Package M3311-PaO-Eft 1 $14,793.80 $14,793.80 installed Extendable Arm Hydraulic X-Change ' Enclosed Cab with Auto HVAC Second Auxiliary Hydraulics s Deluxe instrument Panel with Keyloiss Start y Angle Blade Cloth Suspension Heated Beat Travel Motion Alarm Clamp Radio - Telematics US M3311-RSI-CO2 1 $0.00 $0400 Attachments 24" MX3 XCHG TEETH 7323530 1 $825:12 $826A2 48" MX3 xCHG GRADING 7333979 1 $958.84 $956.84 . ' s `total of Items (quoted . $501212M Frelght Charges $1,031.00 Dealer Assembly Charges $0.00 . Quote, Total - US dollars $51 p243-46 Notes: EXH I.B. tT PA E e;, OF ` From: 09/20/2019 14:45 # 709 P004/004 ORDER ACCEPTED BY: DATED PRINT NAME AND TITLE PURCHME ORDER # SHIP TO ADDRESS: . BILL TO ADDRESS (H different than Ship To): *Prices per the Sdurcewell Contract -040319-CEC *Terms Net 30 Days. Credit cards accepted. *FOB Origin within the 48 Con9guous States. Velivery. 60 to 90 days from ARC. *State Sales Taxes apply. Must include a Tax Exempt Certiricate with order placed. *TID# 38-0425350 r *Orders Must be Placed with: Clark Equipment dba Bobcat Company, Gout Sales, 250 E Beaton Drive, west Fargo, ND 56078. 0