HomeMy Public PortalAbout007-2017 - Fire - Spartan Motors - Pump TruckPURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this /? day of � q 12017,
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 Spartan Motors USA,
Inc., 907 71h Avenue North, Brandon, SD 57005 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish one (1) Spartan 1500 GPM Custom Pumper (Star Series on
a Gladiator Chassis) Fire Truck (hereinafter "Vehicle") for the City of Richmond Fire Department.
City had solicited certain Bid Specifications dated October 14, 2016, for a first unit, which
Specifications have been made available for inspection by Contractor, are on file with the Director of
the Office of Purchasing and Fire Department, are hereby incorporated by reference, and made a part
of this Agreement. Contractor agrees to abide by the same. The City determined in accordance with
Indiana Code 5-22-10-5 that it would be in the best interest of the City and the Fire Department to
seek confirmation from Contractor that it would honor a purchase of an identical custom pumper
Vehicle (or "second unit") for the 2017 calendar year and Contractor has agreed to honor the same
pricing and delivery terms for said second unit. The parties agree that the purchase of the second unit
in accordance with IC 5-22-10-5 represents a substantial savings of time and funds. Said second unit
is the Vehicle purchased pursuant to this Agreement and Contractor agrees to abide by the above -
described Bid Specifications for the second unit Vehicle.
Portions of the response of Contractor to said Bid Specifications and Contractor's confirmation
agreeing to honor the same pricing and delivery terms for the second unit Vehicle are attached hereto
as "Exhibit A", consists of eight (8) 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 its
response to the Bid Specifications and "Exhibit A." Delivery of any vehicle that does not meet all
specifications listed on its response to the Bid Specifications and "Exhibit A" will be considered a
breach of this Agreement.
Contractor shall not modify or alter any standard warranty of the above described Vehicle. Nothing
contained herein shall prevent Contractor from providing any additional or supplemental warranty.
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.
Contract No. 7-2017
Page 1 of 6
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;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 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
completion of this Purchase Agreement.
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 Five Hundred Thousand Four Hundred Thirty-
three Dollars and Zero Cents ($500,433.00) for purchase of the Vehicle pursuant to this
Agreement. Payment shall not be made until the Vehicle has been fully accepted by the Richmond
Fire Department after delivery and after receipt of invoice from Contractor. City shall retain the
option of partially financing the purchase of the Vehicle through a financial banking institution and
in the event the City exercises said option to partially finance the purchase, said partial payment shall
be accepted by Contractor from the financial banking institution as a partial payment on City's
behalf. The payment of the sum from the financial banking institution and the payment of the
remaining balance payable by the City to Contractor shall constitute payment in full of the above -
referenced total compensation amount.
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. Delivery of the Vehicle is anticipated to be on or before
December 31, 2017, or within three hundred and seventy-five (375) days from the execution of this
Agreement, whichever is longer. The length of the term of this Agreement may be extended by
mutual agreement of the Parties.
This Agreement may be terminated, in whole or in part, only by mutual Agreement of the parties and
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
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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.
Coverase Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 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 $30,000,000 each occurrence
$30,000,000 each aggregate
F. Garagekeepers Coverage $1,500,000
Direct/Primary $5,000
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.
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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 VIII. 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 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.
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:
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;
Page 4 of 6
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 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 for negligence 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. 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 5 of 6
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 Works and Safety
By:
Vicki Robinson, President
Richard Foore, Member
Date: ! —/Z—/ 7
APPROVED: I
M. Sn a r
Date: I`4 T�
"CONTRACTOR"
SPARTAN MOTORS USA, INC.
907 7th Avenue North
Brandon, SD 57005
Printed: "CLA—`/�Di
Date: // 7
Page 6 of 6
EMERGENCY RESPONSE
CharioZe, i1141 I Brandon, SD I Ephrata, PA I. P:Si7.S4-.EaIDD
SPA, RTL. NE R. C 6 M -
December 7, 2016
Richmond Fire Department
Chief Jerry Purcell
101 S. 5' Street
Richmond, IN 47374
Dear Chief Purcell:
I would like to first take this opportunity to thank you and your department for allowing us to work
with you on your recent pumper specifications. We look forward to continue to work with you on this
important project.
Please accept this letter as confirmation that Spartan will hold the pricing and delivery terms on a
second unit, if the order for that unit is submitted to Donley Safety prior to January 27, 2017.
Should you have any questions or concerns, please feel free to contact me directly 570-728-4743. I
look forward to working with you and your department in the very near future. Thank you for your
time and anticipated cooperation.
Best Regards,
Brian Connely
Account Manager
Spartan Emergency Response
Spartan Motors USA, Inc.
SPARTAN ERV
907 7s' Ave. North — Brandon, SD 57005
(605) 582-4000 Phone - (605) 582-4001 Fax
PROPOSAL for PURCHASE SINGLE UNIT
November 10, 2016
City of Richmond
50 North 51' St.
Richmond, IN 47374
Gentlemen/Ladies:
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Spartan Emergency
Response at its headquartered office in Brandon, South Dakota The apparatus and equipment herein named and for the following prices:
Quantity: One (1) Spartan Star Series Pumper on a Gladiator Chassis
For the sum of: FIVE HUNDRED THOUSAND FOUR HUNDRED THIRTY-THREE AND 00/100 Dollars each.
BID TRUCK: $500,433.00
No State, Federal or local taxes included.
The Apparatus and Equipment shall be ready for delivery from a Spartan Emergency Response factory, within 360-375 days after the
Effective Date. This delivery timeframe is contingent on completion of a pre -construction meeting and corresponding signed change
order returned to the factory as required. Spartan Emergency Response commits to have all information necessary for the pre -
construction to meet the requirements. Any further delays after the pre -construction has been completed in providing additional desired
specifications, change approvals, inspection timelines, or other required information for the Apparatus and Equipment may result in an
extension of the above referenced delivery timeline by the amount of time Spartan Emergency Response requires, in its sole but reasonable
discretion, to provide the Apparatus and Equipment following Customers delay, but in any event by at least the duration of Customers delay.
The penalty clause will stop once apparatus has shipped from Spartan Emergency Response.
The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such
alterations are interlined prior to the acceptance by the company of the offer to purchase, and provided such alterations do not materially
affect the cost of the construction of the apparatus.
If this proposal is not accepted by the purchaser within 90 days from the bid date, we reserve the right to withdraw this proposal.
Spartan Motors USA, Inc. (d/b/a Spartan Emergency Response)
Respectfully submitted by,
Cindy VanGordon
Sales Representative
Donley Safety
5546 Elmwood Court
Indianapolis IN 46203
800/345-2268/Cell 317/910-7104
Phone Number
Spartan Motors USA Inc
907 It" Ave. North
Brandon SD 57005
605-582-4000
Phone Number
Part of State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013)
BID OF
Spartan Motors
(contractor
907 7th Avenue North
Brandon, SD 57005
FOR
PUBLIC WORKS PROJECTS
OF
City of Richmond
50 N 5th St
Richmond IN 47374
Filed
Action taken
(Address)
CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96
Slate Form 52414 (R2 / 2-13) / Form 96 (Revised 2013)
s. Prescribed by State Board of Accounts
PART
(To be completed for all bids. Please type or print)
Date (month, day, year): November 10, 2016
1. Govemmental Unit (Owner): City of Richmond
2. County: Wayne
3. Bidder (Firm): Spartan Motors
Address: 907 7th Avenue North
City/StatelZlPcode: Brandon, SD 57005
A T..1....1.,...... AI. ..... V.. f1o�-`582-Li.000
4. i e!ephone lNumber:
5. Agent of Bidder (if applicable): Donley
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of City of Richmond
(Governmental Unit) in accordance with plans and specifications prepared by
Spartan Motors and dated
(See Proposal Page)
11/10/2016 for the sum of
$ -(See Proposal Page)
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the
notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the
= - notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as
that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit
basis, the itemization of the units shall be shown on a separate attachment.
The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee,
or applicant for employment, to be employed in the performance of this contract, with respect to any matter
directly or -indirectly related to employment because of race, religion, color, sex, national origin or ancestry.
- Breach of this covenant may be regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(If applicable)
1, the undersigned bidder or agent as a contractor on a public works project, understand my statutory
obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I
understand that violations hereunder may result in forfeiture of contractual payments.
The above bid is accepted this
following conditions:
Contracting Authority Members:
ACCEPTANCE
day of
PART 11
(For projects of $150,000 or more — lC 36-1-12-4)
subject to the
Governmental Unit: City of Richmond
Bidder (Firm) Spartan Motors
Date (month, day, year): 11/10/16
These statements to be submitted under oath by each bidder with and as a part of his bid.
Attach additional pages for each section as needed.
1
`A
SECTION I EXPERIENCE QUESTIONNAIRE
What public works projects has your organization completed for the period of one (1) year prior to the
date of the current bid?
Contract Amount
Class of Work
Completion
Date
Name and Address of Owner
N/A
What public works projects are now in process of construction by your organization?
Contract Amount
Class of Work
Expected
Completion
Date
Name and Address of Owner
N/A
3. Have you ever failed to complete any work awarded to you?
N/A
No
4. List references from private firms for which you have performed work.
N/A
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
If so, where and why?
Explain your plan or layout for performing proposed work. (Examples could include a narrative of when
you could begin work, complete the project, number of workers, etc. and any other information which you
believe would enable the governmental unit to consider your bid.)
See Specifications
2, Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own, firm
who have performed part of the work) that you have used on public works projects during the past five (5)
years along with a brief description of the work done by each subcontractor.
N/A
If you intend to sublet any portion of the work, state the name and address of each subcontractor,
equipment to be used by the subcontractor, and whether you will require a bond. However, if you are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the completion of the proposed project, you are under a continuing obligation to
immediately notify the govemmental unit in the event that you subsequently determine that you will use a
subcontractor on the proposed project.
N/a
4, What equipment do you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit.
We do not sub contract.
We will utilize cranes, paint booths, welding machines, various tooling
Have you entered into contracts or received offers for all materials which substantiate the prices used in
preparing your proposal? If not, please explain the rationale used which would corroborate the prices
listed.
Yes
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial
statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to
the governing body awarding the contract must be specific enough in detail so that said governing body can make
a proper determination of the bidder's capability for completing the project if awarded.
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other
member, representative, or agent of the firm, company, corporation or partnership represented by him, entered
into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is
made without reference to any other bid and without any agreement, understanding or combination with any other
person in reference to such bidding.
He further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.
SECTION V OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT.
Dated at Charlotte this 7th day of November 2016
Spartan tors
(Name of Organization)
By l
Presid t of Emergency Response
(Title of Person Signing
ACKNOWLEDGEMENT
STATE OF Michigan
) ss
COUNTY OF Eaton
Before me, a Notary Public, personally appeared the above -named
John Slawson
and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 7 day of November 2016
6,Qc� 46 &1229�tt —
Notary Public
My Commission Expires: I?
County of Residence:
DOLORE$ F: CLEMENTS,
NOTARY PUBLIC'- 6TATE OF MICHIGAN .
COUNTY OF-EATON
fgy--.Gornrnissicn-Expires Dec._7, 2021 .
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