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.
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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
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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.
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Title: R
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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