HomeMy Public PortalAbout049-2017 - Sanitation - Greensfork Alignment - Tires„.„,,,,Erv, ORIGINAL
THIS AGREEMENT made and entered into this -� day of April, 2017, and referred to as
Contract No. 49-2017 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
Greens Fork Alignment & Service, Inc., 2441 Centerville Road North, Centerville, IN 47330
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for supplying and delivery of tires for use by the Sanitary District
for a period ending December 31, 2017.
A Request for Quotes has been made available for inspection by City, is on file in the office of
the Department of Sanitation for the City of Richmond, consisting of four (4) typewritten pages,
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 four (4) 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 all labor, material, equipment, and services necessary for the proper
completion of all work specified. Contractor shall submit statements or bills monthly.
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.
SECTION 11I. COMPENSATION
City shall pay Contractor at the rates indicated in Exhibit `B" in an amount not to exceed Eighty -
Five Thousand Dollars and 00/100 ($85,000.00).
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall continue
in effect until in effect to an including December 31, 2017 unless the parties extend this
Agreement by a written and signed Addendum.
Contract No. 49-2017
1 1 Page
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 thirty (30) 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 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.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty (30) days written notice to the other party.
In the event of termination of this Agreement, the City shall be required to make payment for all
work performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
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.
Coveraee Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
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W
E.
Section 1. Bodily Injury
Section 2. Property Damage
Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Comprehensive Umbrella Liability
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$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 VIIL IRAN INVESTMENT ACTIVITIES
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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.
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;
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
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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
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.
5 1 Page
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
Sue Miller, President
man Bakshi, Vice resident
re tiens, Member
Dated:
APPROVED:
w, Mayor
Dated: q I 2 - 1
"CONTRACTOR"
Greens Fork Alignment &
Service, Inc.
By:yG�'Yvvw.L/
(Printed):
Title: f f Lei 444 mr,C✓
Dated: 7— -a B / -)
6 1 Page
0
PRICE REQUEST
s
u o
t
CITY OF MCHMOND
2380 1 ��AVENUEF SANrFATION
.RICHMOND, INDIANA47374 THIS IS NOT AN ORDER
PHONE (765) 983-7450.FAX (765) 962-2669
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
Please complete your full name and phone number below
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
specified date and time to be considered.
DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED:
February 17, 2017 10:OOAM on February 28, 2017 UPON RECEIPT OF INVOICE DELIVERED
This is a request for quote valid for the Year 2017 ending December 31, 2017.
E-verify requirements and Indiana Local Preference Claims will apply to this quote. Must include a
Certificate of Insurance which must include Workers Compensation (insurance limits enclosed).
Also include all warranty information with quote.
SEE ATTACHED SPECIFICATION LISTING AND PRICE QUOTE SHEET.
"Send with Quote, a tire manufacturing specification/rating and guarantee
information."
Questions? Call Jeff Lohmoeller at 765-983-7464
Send back in a sealed envelope by date listed to: DENISE JOHNSON, CUSTOMER SERVICE MGR.
STATE TAX EXEMPTION # 003121909-001
QUOTE VALID UNTIL
Richmond Sanitary District
Board of Sanitary Commissioners
2380 Liberty Avenue
Richmond, IN 47374 NAME OF FIRM QUOTING:
Re: 2017 Tire Quote
AUTHORIZED BY SIGNATURE
TITLE
Richmond Sanitary District
Exhibit "A -
DATE
PHONE NUMBER
RICHMOND SANITARY DISTRICT
Request for Quote for "Tires"
2017 PROPOSAL SHEET
RICHMOND SANITARY DISTRICT
TIRE QUOTE SPECIFICATIONS
1) Front and Rear Tires for International Impac Trash Trucks (approx. 20 tires)
Size: 11-R-22.5 G(14 ply)
G622 Goodyear $
FD663 Firestone $
2) Front and Rear Tires for International Impac Trash Trucks (approx. 20 tires)
Size: 11-R-22.5 H (16 ply)
G661 Goodyear Endurance RSA $
F5S 561 Firestone $
3) Front and Rear Tires for McNeil's Trash Trucks (approx. 20 tires)
Size: 11-R-22.5 H (16 ply)
G177 Armor Max MSD $
T831 Firestone $
4) Front and Rear Floatation Tires for EVO Local Trash Trucks (approx. 20 tires)
Size: 425/65R22.5 L (20ply)
G296 MSA Goodyear $
T839 AP Firestone $
Exhibit ,A,, 1
5) Front and Rear Tires for Pickup Trucks and SUV's (approx. 16 tires)
Size: 315/80-1122.5 L (20 ply)
G289 WHA Goodyear $
FS 400 Firestone $
6) Front and Rear Tires for Pickup Trucks and SUV's (approx. 16 tires)
Size: LT235/80 R17 SL E (10 ply)
Goodyear Wrangler ADV $
Transforce AT Firestone $
7) Front and Rear Tires for Pickup Trucks and SUV's (approx. 25 trucks for LT
tires)
Size: LT245/751117 SL E (10 Ply)
Goodyear ARM TRAC $
Transforce AT Firestone $
8) Front and Rear Tires for Pickup Trucks and SUV's ( LT truck tires)
Size: LT225/751116 E (10 Ply)
Goodyear Wrangler SRA $
Transforce AT Firestone $
9) Front and Rear Tires for Pickup Trucks and SUV's ( LT truck tires)
Size: LT245/751116 SL E (10 Ply)
Goodyear Wrangler SRA $
Transforce AT Firestone $
10) Front and Rear Tires for Pickup Trucks and SUV's (LT truck tires)
Size: LT245/70R19.5 H (14 Ply)
G661 AP Goodyear $
FS 560 Firestone $
Exhibit 2
11) Front and Rear Tires for Pickup Trucks and SUV's (LT truck tires)
Size: LT245/751116 E (10 Ply)
Goodyear Wrangler SRA $
Transforce AT Firestone $
COST OF MOUNTING AND BALANCING OF TIRES
QUOTED COST PER TIRE:
• 2017 PRICE PER TIRE:
Big Truck
Medium Truck
Car/SUV
Please include the following with quote:
Vendor Name:
Date:
Quote Valid Till:
Include Warranties
E-Verify: YES NO
Indiana Local Preference YES NO
Iran Investment Activities YES NO
Exhibit "A" 3
PRICE REQUE'geopy
o y
0 0
ie
i
CITY OF RICE MOND
o� TMEAVENU S
ANrFATION
223RICHMOND,INDIANA47374 THIS IS NOT AN ORDER
PHONE P65) 983-7450.FAX 065) 962-2669
VENDOR
INSTRUCTIONS
(3KCCINJI-UKK HLIUIVIVICIV I This is a request for a price for the services of materials
2441 CENTERVILLE ROAD NORTH described below. Any additional specifications may be
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
CENTERVILLE, IN. 47330 Please complete your full name and phone number below
with signature; itemize all prices and charges where
ATTN: DANNY HALL 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
specified date and time to be considered.
PLY MUST
Feb uary 17, 2017 I OEOOAM on F brB ary 8, 2017 I IN BY: PAYMUPON RECEIPT OF INVOICE I DELIVERY
DE DELIVEREDREQUIRED:
I
This is a request for quote valid for the Year 2017 ending December 31, 2017.
E-Verify requirements and Indiana Local Preference Claims will apply to this quote. Must include a
Certificate of Insurance which must include Workers Compensation (insurance limits enclosed).
Also include all warranty information with quote.
SEE ATTACHED SPECIFICATION LISTING AND PRICE QUOTE SHEET.
"Send with Quote, a tire manufacturing specification/rating and guarantee
information."
Questions? Call Jeff Lohmoeller at 765-983-7464
Send back in a sealed envelope by date listed to: DENISE JOHNSON, CUSTOMER SERVICE MGR.
Richmond Sanitary District
Board of Sanitary Commissioners
2380 Liberty Avenue
Richmond, IN 47374
STATE TAX EXEMPTION # 003121909-001 Re: 2017 Tire Quote
QUOTE VALID UNTIL 1 Z - 3 1-) 7 .
NAME OF FIRM QUOTING:
AUTHORIZED BY SIGNATURE
TITLE
Richmond Sanitary District Exhibit " B"
DATE PHONE NUMBER
RICHMOND SANITARY DISTRICT
Request for Quote for "Tires"
2017 PROPOSAL SHEET
RICHMOND SANITARY DISTRICT
TIRE QUOTE SPECIFICATIONS
1) Front and Rear Tires for International Impac Trash Trucks (approx. 20 tires)
Size: 11-R-22.5 G(14 ply)
G622 Goodyear $
FD663 Firestone $
2) Front and Rear Tires for International Impac Trash Trucks (approx. 20 tires)
Size: 11-R-22.5 H (16 ply)
G661 Goodyear Endurance RSA $
F5S 561 Firestone $
3) Front and Rear Tires for McNeil's Trash Trucks (approx. 20 tires)
Size: 11-R-22.5 H (16 ply)
G177 Armor Max MSD $
T831 Firestone $
4) Front and Rear Floatation Tires for EVO Local Trash Trucks (approx. 20 tires)
Size: 425/65R22.5 L (20ply)
G296 MSA Goodyear $ -5/ to ' g
T839 AP Firestone $
Exhibit "B"
1
5) Front and Rear Tires for Pickup Tracks and SUV's (approx. 16 tires)
Size: 315/80-R22.5 L (20 ply)
G289 WRA Goodyear $ �p
FS 400 Firestone $
6) Front and Rear Tires for Pickup Trucks and SUV's (approx. 16 tires)
Size: LT235180 R17 SL E (10 ply)
Goodyear Wrangler ADV
Transforce AT Firestone
$ 123 33
7) Front and Rear Tires for Pickup Trucks and SUV's (approx. 25 trucks for LT
tires)
Size: LT245/75R17 SL E (10 Ply)
Goodyear ARM TRAC
Transforce AT Firestone
$ 1,2
8) Front and Rear Tires for Pickup Trucks and SUV's ( LT truck tires)
Size: LT225/75R16 E (10 Ply)
Goodyear Wrangler SRA $
3�,
Transforce AT Firestone $ 11q
9) Front and Rear Tires for Pickup Trucks and SUV's ( LT truck tires)
Size: 1,1245/751116 SL E (10 Ply)
Goodyear Wrangler SRA
Transforce AT Firestone
10) Front and Rear Tires for Pickup Trucks and SUV's (LT truck tires)
Size: LT245/70R19.5 R (14 Ply)
G661 AP Goodyear
FS 560 Firestone
$ ,Z2 3 ! -�
Exhibit "B" 2
11) Front and Rear Tires for Pickup Trucks and SUV's (LT truck tyres)
Size: LT245/75R16 E (10 Ply)
Goodyear Wrangler SRA $
p - q9
Transforce AT Firestone $ % /
COST OF MOUNTING AND BALANCING OF TIRES
QUOTED COST PER TIRE:
• 2017 PRICE PER TIRE:
Big Truck $ 1 5• w
Medium Truck $ 5. c'
Car/SUV $'
Please include the following with quote:
Vendor Name:'=sac
Date: ;Z 7-1-7
Quote Valid Till: i 2. - 31 - 17
Include Warranties /
E-Verify: YES NO ✓
Indiana Local Preference YES ✓ NO
Iran Investment Activities YES NO
Exhibit "B"
3