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HomeMy Public PortalAbout050-2016 - Sanitary - Apple Farm Service Inc - Manure SpreaderAGa..mFN. ORIGINAL THIS AGREEMENT made and entered into this 9:3 day of , 2016, and referred to as Contract No. 50-2016 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"), and Apple Farm Service, Inc., 10120 W. Versailles Road, Covington, OH 45318 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor a Meyer's Manure Spreader with the specifics of such equipment being more specifically described on Exhibit "B" attached hereto and incorporated by reference herein. A Request for Quotes has been made available for inspection by Contractor, is on file in the office of the Department of Sanitation for the City of Richmond, consisting of one (1) typewritten page, which is attached hereto and incorporated by reference herein as Exhibit "A". The response of Contractor to said Request for Quotes is attached hereto and incorporated by reference herein as Exhibit `B", consisting of two (2) typewritten pages. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish the equipment described on Exhibit `B" attached hereto and deliver and set up the equipment upon payment by the City to Contractor of the agreed upon sum, which is set forth below. 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(s) signed by Contractor in accordance with I.C. § 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 relative to the delivery and set up the equipment described herein. SECTION III. COMPENSATION City shall pay Contractor the sum of Sixteen Thousand Three Hundred Seventy-five Dollars and 00/100 ($16,375.00) in consideration for the manure spreader, inclusive of delivery and set up, with said compensation being more specifically described on the exhibits attached hereto. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue until such time that the Contractor delivers and sets up the equipment, in new condition, to the City. 1 1 Page Contract No. 50-2016 Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time before the delivery of the equipment described above specifying 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 manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement 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 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 Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence 2 1 Page Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 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 (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) 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. SECTION VHI. 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 Board determines during the course of this Agreement that this certification is no longer valid, Board 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 Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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. 3 1 Page SECTION IX. 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: 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; 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 money 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 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 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. Any such delegation or assignment, 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 4( Pa g e parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained 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 out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, 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" "CONTRACTOR" The City of Richmond, Indiana, by and through its Board of Sanitary Commissioners Sne Miller_ President Dated: -C-12 3116 APPROVED: Apple Farms Service, Inc. LM (Pry Title: R .L.IDWT Dated: ( -A - 20) 4 5 1 Page D , May Dated: 6 1 Page CONTRACT REQUEST FORM 1. Date contract needed (Clerk or agenda deadline): 05-06-2016 Date Submitted to Law*: 05-05-2016 2. Board/Commission that will approve contract Board of Sanitary Commissioners and Storer Water Management Board 3. Has bid been awarded? YES Date awarded or expected: 04-Z6-2016 4. Is this a Common Construction Wage Project? No 5. Brief description of work to be performed or supplies to be furnished: New 2016 Meyor's Manure Snrcadcr. 6. Name and address of Contractor to be retained: Apple Farms Service Inc. 10120 W. Versailles Road Covington. OH 45318 7. What method was used to request bids? (check one) Request for Proposals (REP) a Request for Quotes (RFQ) Bid Specifications State Quantity Purchase Agr. Bid (QPA) 8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? RM was sent 03-23-2016 9. Date of Contractor's Response/Proposal/Bid. 04-12-2016 10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes included on Spec sheet 11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? Sanitary 12. Attach Contractors response unless longer than ten (10) pages. If longer than ten (10) pages, in what office is Contractor's response filed? 13. Amount to be paid to Contractor $16,375. Term of Contract Until Delivered_ 14. Any other relevant information: 15. Submitted By: Jeff Lohmoeller Department: Sanitation *Please complete and return, along with all attachments or exhibits, at least one (1) week before the contract is needed for its Agenda deadline. March 2009 Exhibit A PRICE REQUES Ja - i OPV CITY OF RICHMOND DEPARTMENT' OF SANITATION 2330 LMERTY AVEM E.RICHMONIJ, INDLANA 47374 PHONE (765) 983 7450.FAX (765) 962 2669 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This Is a request for a price for the services of materials Apple Farm Service, Inc. described below. Any additional specifications may be attached hereto. This Is NOT an order and the City reserves 10I201 Versailles Road the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below Covington, OH 45318 with signature; Itemize all prices and charges where requested, and attach any explanation for any substitution to specifications altered. Return In a sealed envelope, In care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the s ecitled date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: March 23, 2016 10.00 A.M. on April 12, 2016 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase a Tandem Axle Box Manure Spreader. Please see attached specifications. Please include all warranty information with quote. E-Verify requirements and Indiana Local Preference Claims will apply to this quote, information enclosed. Return this sheet and the proposal sheet in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: Manure Spreader 4 � IJ1(1lfold Quote Valid Until It Questions? Call Jeff Lohmoeller at 765-983 7464. Cost $ I b NAME OF FIRM QUOTING: Apei Fktm SwKc irtL- t STATE TAX EXEMPTION A 003121909-001 Richmond Sanitary District DATE PHONENUMBER The Richmond Sanitary District Landfill is requesting Quotes for a Tandem Axle Box Manure Spreader Vendor Name: - APA l:;r op sayice I�u Date IV-6 - �G Person Quoting: Name DQA4 `TDk,j&n Title S-,k% Coh3u1AH7^ Specifications: Manure Spreader Meyer's 350 Brand or Equivalent: Tire Size 425-65R X 22.5: Top Beater Assembly: HD #67P11 Apron Chain -Mechanical Drive Hydraulic End Gate w/2 Hydraulic Lift Cylinders 540 PTO Drive '/" Single Piece HDPE Poly Floor 1I" Poly Sides 164 Struck Cu. Ft Holding Capacity Price Includes set up and Delivery of Spreader E- Verification form filled out: Indiana Local Preference Claim Forms: Brand:.�V�,S New. !/ Used Yes _/ No Yes ✓ No Yes v/ No Yes V/ No Yes 'f No Yes f No Yes V1 No Yes V No Yes No Yes No _ .. `_`Iran Investment -Activities: - - Yes.. - No TOTAL COST OF UNIT s �6 3s- Price Valid Tili Ur,1- ` 1 5.1 Exhibit B 8EW HOLLAIID E�5 GCHL>,1.. ���AW le KUBOTA HUM HOG' juofi 10120 W- Varsaff as Road 18161 Kenter Ftd. 12446 OH-29 3827 US-27 Covington. OH 45318 Sotkins, OH 45306 Meahantsburg, OH 43044 W. College Comer. IN 47003 1837) 526-4851 (937) 693-3849 (937) 834-2307 (765) 732-3081 D ACE L k JAPPLE ��R 1NC. H A R RETAILQUOTATION QUOTE GOOD UNTIL Unit is sold "' Cityof Richmond Department of Sanitation AMOFSS 2380 Liberty Ave. 0YWATE Richmond, IN.47374 COMM Wayne Ph# 765-969-1154- Darren DELONIABOUT DATE INVOICE# ACCT# Oqr nlu Make Model DescrlpHon Unit# Serial# Amount 1 N Meyer's 350 Tandem Axle Box Manure Spreader 55905 47T15 18,589.00 425-65R X 22.5 Used Truck Tires 1,172.00 ToD Beater Assembly 1,022.00 HD #671311 Apron Chain- Mechanical Drive - H draulic End Gate w/2 Hydraulic Lift Cylinders - 540 PTO Drive - 1/2' Single Piece NDPE Poly Floor - 3/4° Poly Sides - 184 Struck Cu. Ft. Holding Capaclty- Price Includes set up and delivery of spreader LIST PRICE $ 20.783.00 ALL M=%;MANU=r- IA ',ULU -755 i.7 -, CJllrCl- I A7 CX'RC.3JL l rRV Yl{/GI.I 11� T�R1111V�1. AI'1"4G rR,sM O=RYI\. G.111V,. MIf,J,CJ ,�4J Y1lVl,�N.. ,W EXPRESS OR IMPLIED. INCLUDINGSPECIFICALLY.ANY WARRANTY OF MERCHANTASIUTY OR FITNESS FOR A PARTICULAR PURPOSE. APPLE FARMSERVICEJNC. THROUGH n`S AGENI AND OR EMPLOYEES. HAVE NOT MADE ANY 0WRESS OR ORAL WARRANTIES REGUARDING THE MERCHANDISE BEING PURCHASED. (SERVICE CALLS. DELIVERY. OR PARTS FREIGHT CHARGES ARE NOT COVERED BY ANY WARRANTIES BILL OF SALE FOR PROPERTY TAKEN IN TRADE Forvabe mcelvad IJWc hereby bargain and sell, grant and dolvorto DEALER named above the fowwwc fisted machines and veruty that each is he of Ian or encumbance unless noted here. YEARI DESCRIPTION UNITIA SERIAL# AMOUNT No Trade ! $ - $ - I $ - I $ I $ $ I $ - IN ANYEVENT, APPLE FARM SERVICE,INC.'S LIABILITY WILL NOT EXCEED THE AMOUNTS PAW UUr THE BUYER TO APPLE FARM SERVICE INC. IN NO EVENT SHALL APPLE FARM SERVICE.INC. BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGESJNCLUDING BUT NOT LIMITED TO, LOST PROFITS. s PAYOFF $ - tADE RIFF $ 16,375. K_ s YG FEE s :E $ HOLEGOODS ARE SOLD C0D-C.OP_ OR WRH THE FOU.OWNG AGREEMENT. Accepted by: THIS ORDER IS SUBJECT TO ACCERANCEBY THE DEALER