HomeMy Public PortalAbout072-2017 - BOW - Sanitary -Parks - Cates Auto Service - On call body shopAGREEMENT
THIS AGREEMENT made and entered into this 2^2-""� day of C/he , 2017, and referred to
as Contract No. 72-2017, by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety, its Board of Sanitary Commissioners,
and its Board of Parks and Recreation (hereinafter referred to as the "City") and Cates Auto Service,
Inc., 1215 South Q Street Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide on -call and as -needed services in connection with repairs to
vehicle collision damage (including, but not limited to, furnishing parts, vehicle refinishing, body
work, frame repair, and mechanical repair) for Police Department vehicles, Street Department
vehicles, Sanitation Department vehicles, and Parks Department vehicles.
Requests for Quotes were made March 28, 2017. Responses to said request are on file in the office
of Health and Safety Coordinator located at the Richmond Sanitary District and the Purchasing
Department. The response of Contractor dated April 11, 2017, to said request is attached hereto as
"Exhibit A" which response consists of two (2) pages, and is hereby incorporated by reference and
made a part of this Agreement. Contractor agrees to abide by the same.
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.
With the exception of the vehicle parts to be provided by the City, the Contractor shall furnish all
labor, material, equipment, and services necessary for the proper completion of all work specified.
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
work.
Contract No. 72-2017
Page 1 of 6
SECTION III. COMPENSATION
City shall pay Contractor the rates described on the attached Exhibit A.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
December 31, 2017.
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 five (5) working 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.
In the event of such termination, 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.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties 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
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.
Page 2 of 6
Coverage
Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
$1,000,000
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. 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;
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 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.
Page 3 of 6
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 VIII. 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 IX. 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 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. 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
Page 4 of 6
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.
(Remainder of page intentionally left blank.)
Page 5 of 6
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.
"CONTRACTOR"
CATES AUTO SERVICE, INC.
1215 South Q Street
Richmond, Indiana, 47374
By:
Printed:��j
Title: q
Date:
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks and Recreation
By:
Bill Engle, President %i
Date: o `,-1
APPROVED:
id M. Sno or
Date: ^ Z7� I�
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: I
Vicki Robinson, President
' � � • - " ����I=ice
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of nitary Commissioners
By:
Sue Miller, President
Date: 1,,,, ` a� fI r
Page 6 of 6
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CM OF RICHMOND
IIEALTII ANDSAFF.TY DEPARTMENT
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PRICE REQUEST
THIS IS NOT AN ORDER
VENDOR
INSTRUCTIONS
This is a request for a price for the services of materials
described below. Any additional specifications may be
Cates Auto Body
attached hereto. This is NOT an order and the City reserves
the right to accept all or part, or decline the entire proposal.
1215 South Q street.
Please complete your full name and phone number below
Richmond, IN 47374
with signature; itemize all prices and charges where
requested; and attach any explanation for any substitution to
ATTN : Chuck
specifications altered. Return in a sealed envelope, in care of
Richmond Health and Safety Department 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:
March 28, 2017
10:00 A.M. on APRIL 11, 2017
UPON RECEIPT OF INVOICE
DELIVERED
DESCRIPTION
This is a price request for the 2017 Calendar year in regards to vehicle collision damage repair of Park, RSD, Street,
and Police Dept. City owned vehicles. Please include pricing for each of the following separately. (1) % parts mark up.
(2) Vehicle Refinishing per hour. (3) Body work per hour. (4) Frame repair per hour. (5) Collision related mechanical
repair per hour. (6) Storage per day. (7) Please include a statement of what priority city of Richmond would receive if
your company is the successful bidder. Please include a Certificate of Insurance which must include Workers
Compensation. Also include all warranty information with quote.
Return this sheet in a sealed envelope addressed to: Richmond Health and Safety Department
William Tandy
2380 Liberty Avenue
Richmond, IN 47374
Re: Quote
Questions? Call William Tandy at 765-983-7476.
STATE TAX EXEMPTION # 003121909-001
Richmond Sanitary District
NAME OF FiKm UU(A I INu:
BY: AUTHORIZED BY SIGNATURE
�lrt,�jr-
TITLE
Y-ll-) 7 '7<-5' 3c h ,Te,F,
DATE PHONE NUMBER
PAGE
Cates Auto Service, Inc.
1215 South Q Street
Richmond, IN 47374
(765)966-1502
April 11, 2017
City of Richmond
Richmond Health and Safety Department
Attn: William Tandy
2380 Liberty Avenue
Richmond, IN 47374
The following is in response to your Price Request:
1. % parts mark up = 25%
2. Vehicle Refinishing per hour = $46.00
3. Body Work per hour = $46.00
4. Frame repair per hour = $60.00
5. Collision related mechanical repair per hour = $70.00
6. Storage per day =$0.00
7. The City of Richmond will receive TOP PRIORITY,
8. Please see attached Certificate of Liability Insurance for Workers Compensation per your
request.
9. Manufacturer warranty on all parts and one year warranty on body repairs and
refinishing labor.
As always, should you have any questions, please do not hesitate to contact us. We thank you
for opportunity to provide you with this Price Request.
We greatly appreciate your business!
c. e'er a Gs Ci�l/�Z
Charles Cate
Owner
Cates Auto Service, Inc.
(765)966-1502
EXHIBIT PAGE�OF —