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Home My Public Portal About200-2019 - Bobcat of Anderson - purchase of Bobcat 5600 Tool Cat with bedPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this , day of , 20 f 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) Bobcat 5600 Tool Cat with Bed (hereinafter referred to as "Vehicle" or "Equipment" ) for the City of Richmond Street Department. Requests for Quotes were made October 17, 2019. Responses to said request are on file in the office of the Richmond Street Department and Richmond Purchasing Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor dated October 18, 2019, is attached hereto as "Exhibit A", which Exhibit 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..200-2019 .Page I 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 --two Thousand Seventy --four Dollars and Zero Cents ($52,074.00) 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. Page 2 of 5 r 4 1 1 Coverag Limits A. worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $15000,000 each occurrence $2,0003000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability 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--16.51 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 DISC ATION 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. r Page 4 of 5 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 'CORKS AND SAFETY By: & Vicki Robinson, President By: Emily P er, Member By: Matt Evans, Member APPROVED: C,Da*i . Sn Date:- Page 5 of 5 "CONTRACTOR" BOBCAT OF ANDERS ON 2075 East County Road 67 Anderson, IN 4601.7 Printed: 41"&Oam a-V��yv� Title: ��a-Lf, G Date: 121) 3 CITY OF RICHMON.D 50 North Fifth PRICE REQUEST RicknionA. Indiana 47374 (765) 983--7200 . • • • , THISINOT AN [. INSTRITCTIONS . , • • . rrhis is a tt,quesi for a price or cfwte for fe services or: - Bobcat of Anderson. ' • c�tatexia described befo�v. }fin addidoa i - a . y Road 67 ' spo ifxcations nay be attaeiied hereto. This is 'iy& aa- �a75 •'Last County ' • - • ' . ; . order mid- the • city reserves ' e � �3e right �o aceeia�•aii et• Anderson In - dtana , 45of7 dart, or �3ecfi� fie en fte proposal. Please complete.' . ' your full niii)e, address, and phone unbar• beiges wig, • ' . • : signattire; itOMIX6 all ptices and cf w ges 'when e t 'nested; and altaait. explanatjort Byr any substitution to SpecxficationsAtered. Please Mturn tn.care of • Parchasing to the address abase by foie specified date • . - . artd ti= ta•be considered uffl* s otherwise sp di ted.: REPLY MUST= IN V' r. s TERMS QUANTITY . • CATSx16 No, � �z . , PRIG D, . . . Bobcat 5 600 Tool Cat 'w/ 13 ed : . • (see attache:) $52074 00. $52074' 00 • )$fds may be inai.led or faied to t1je City of Richmond, ATM Kara :E essf ez; 50.Noilh • _ - , • 98j--7212 or =Qed to ' . bnesslerrr ichmond idiana.gcv PR- --ICE R-E.Q. UEST' V ro W W 0 B�lvo' - Bobcat o ot)fAnderson . PURCHASING SING MANAGER � • HY dreg. Hoffman sales - Stag:, a xemptioxtr No. 031219 9- 001 SATE - • . ! Phone No., 765-643-4222 . Bobcat of Ander�on,Anderson,IN �''' ' 2075 EAST COUNTY ROAD 67 r . ANDERSON IN46017. - Phone: (765i� 643-•4222 - ' Fax: (765) 643-511 Y • ur�aber: 27396D02S17S. '. Quotation _ Date: 20 19•-10�x7 10:47:1� • Ship to Boboat Specialist Ci of Richmond Street Dept ' ' dreg Hoffman ' 'Phone: 76 5 •- 643 -4222 Att is T L Bosell. • 6a• Richmond A�renue 7 : • Fax: •765--643�5�! 'i 9 - Rldhmand, IN 47374 • Cellular: 7155-288-D326 E•Ma i�f. �reghhoffrnanjgqma il.cvm' . Phonei: (765) 983-7225 . ' ' Description • Bart I�Ta Qty Price Ea. Total • • ' = . M1221 1 $53•,404.00 $53,404.00. . Bobcat 5.600 . ' Adjustable Vinyl Seats • Hydraulic Dump Bvx A11•-fteel Steer Automatically Activated Glow Plugs instrumentation: . v hour meter, Job Hours, Speedometer, . A:u iliarrl Hydraulics v Tadiometer, Fuel •Gauge, Engine . ' •o variable Flow with -dual directlon decent • • - 9 Temperature Gauge;- and wamin.g Lights , Bever a I•Iol Viers • Joystick Manually Controlled with Lift Arno Float Bob•-Tach Lift Arm Support ' ' � ' ' • $oom Float 'Parking Brake, automatic . Cargo fox S.uppor� ' Power Steerhag with Tilt Steering feel Cruise Control Radiator Screen . Deluxe Operator Canopy includes: Rear Receiver Bitch ' . Front window, pear Window, ; Seat Belts, Shoulder Harness ■ Front. Wipers, and -Electrical Power Port Spark Arrestor Muffler . • 'Lower Engine Guard*. � ' Suspension, 4 wheel indep endent ' ansaxxe •• Limited Slip Tr 1 Tires: 27 x 10.5-15 (8 ply), Lug Tread - ' Engine and Hydraulic Monitor with Shutdown Toalca Znterlack Control System (TICS) ' ' Front mark Lights • Full-time Four-wheel Drive `• Two --Speed Transinissxon Machine Warranty. 12 Months, unlimited hours _ HatseP ower Management Bobcat Engine w' uanty: Additional 12 Months or total • • Roll Over Protective Structure (ROPS) . Meets of 2000 hours ai�er inxtxa112 rxxonth warranty • - Requirements of SAE•-J 1040 &ISO 3471 . • Falling Object Protective Structure (FOPS) - Meets . • ' kequirements of SAE--JI 043 &' ZSO3449, Levels . Dome Light Factory 1nstandd Deluxe Road Package , M1a21 'Po1-Cox 1 $2,322.00 $2,322.0'0- , - . Backup Alaxzn Side Mirrors Turn Signals • - • ' .. ;. Horn :. Lover Engine Guard `•. • - Flashers • Tail Lights' ' , . Rear 'Fork Lights •. . • Brae •Lights .R Headlights ' • • ' • - Rear View Mirror . -r ' ' Cab Enclosure with Neater , & Air; M1?2 R02-0O3 1 $42864.00 $4,864.00 Conditioning .' . - High Flow Package ' ' • . M1221-R03-cot x $1,73-6 a0 $1,736 00 • . ion keyless Ignit -M1221••R06-Co2 1 $336.40 $336.06 . . Heavy Duty Battery . M122x-ROT-00 1 $97.00 $97.00 ' • Attachment control ' M1221 P08-CO2 I $236.00, . $236-00 • Power Bob--Tach • M1221-R12-c02 •i $L099-00 $12099.00. Radio'Option M1221�R15••CO2 Z $533.00 $533.00 • Traction Control R� m1221--cat 1 $545.00 $545.00 . • Interior Trim. • = M1221•-AA01-C45 1 $205.00 .$205.00 OF 3 • ' J ' Dealer hastened Rotating Beacon - Atta.chnients ■ 58" Standard Du '• 68152518 . $ 58.00 .$ 1 55.00 • � r adex P 12 Said and 'Salt Spread" • � 714 � 6? •• $735.00 ' K932.00 . . Rear. Spreader Light Yjt .. 7I 64478 , •$ ,�932.QO . $285.00 2'8S.gp , atafl .4telS Quoted . . DeatdrP.D.I. • . • $71 a '4S7M . �.. Freight -Charges . SZ5a:aa:. ' . • . • •o93.00, . Dealer Ass6mbly • y�� q ' $a� . . Discount • �Dxseatx�it ' .. Total y US dollars- . ($2-19446.00Quote $52,074:40 . All Pridos sub'ect to* change � - •! an a without, rior notice or obfi atio"..''T`his Piice notes , ersedes a� Preceding • is ' . g r ,e uotcs. Customer ApCeptance,.. ' f ' Purchase. Order. . . 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