Loading...
HomeMy Public PortalAbout159-2009 - Sanitary - MacDonald Machinery - wheel loader purchase agreementPURCHASE AGREEMENT THIS AGREEMENT made and entered into this _18'h _ day of November 2009, 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 MacDonald Machinery Company, Inc., 3911 Limestone Drive, Fort Wayne, Indiana 46809 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one Case 821E Wheel Loader with broom attachment and four (4) Michelin tires, with trade-in of City's 1989 Volvo Michigan L120 Wheel Loader, serial number 6046IAH, for a trade-in value of $15,000.00. Certain Bid Specifications sent out September 11, 2009, have been made available for inspection by Contractor, are on file in the offices of the Richmond Sanitary District, 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 Bid Specifications is attached hereto as Exhibit "A," which exhibit is dated October 9, 2009, consists often (10) pages, and is also hereby incorporated by reference and made a part of this Agreement. Delivery of any vehicle that does not meet all specifications listed on "the Bid Specifications" 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 or equipment. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. 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. No work 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 IL 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. COMPENSATION City shall pay Contractor a total sum not to exceed One Hundred Fifty -Six Thousand Four Hundred Seventy -Three Dollars and Zero Cents ($156,473.00) for the above described equipment. Contract No. 159-2009 Pagel 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 assignment or delegation 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. Both parties expressly agree that this document supersedes all previous negotiations, discussions, or conversations relating to the subject matter 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 under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped from bringing any action in alternative courts or venues. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne County Circuit or Superior Court. 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. 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. If any portion of this agreement is declared unenforceable by a court 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 By:_S/S Richard Bodiker Richard Bodiker, President S/S Gilbert Klose Gilbert Klose, Vice President _S/S Greg Stiens Greg Stiens, Member Date: APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: November 10. 2009 "CONTRACTOR" MACDONALD MACHINERY COMPANY, INC. By:_S/S Melvin Cra_og 11 Printed name: (Melvin Cra _go III Title Chief Operations Officer Date: November 18, 2009 Page 3 of 3