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HomeMy Public PortalAbout039-2018 - Sanitation - Advantage Ford - S250 TruckPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this � day of March, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Advantage Ford -Lincoln, Inc., 2350 Park Road, Connersville, Indiana 47331 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) new vehicle, delivered to 2380 Liberty Ave., Richmond, Indiana, with said vehicle being a 2018 Ford F-250 4x4 3/4 ton pick-up truck, with said vehicle being more specifically described in Exhibit `B" attached hereto and incorporated by reference herein. City sent Request for Quotes containing certain specifications to Contractor on February 5, 2018. A copy of said Request for Quote is attached hereto and incorporated herein by reference as Exhibit "A". The response of Contractor to said Request for Quotes, dated February 15, 2018, is attached hereto and incorporated by reference herein as Exhibit `B", consisting of fourteen (14) typewritten pages. 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION H. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. PURCHASE PRICE City shall pay Contractor a sum not to exceed Twenty -Six Thousand Six Hundred Twenty -Four Dollars and No Cents ($26,624.00) for a 2018 F-250 4 X 4 3/4 ton pick-up truck. The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. The estimated delivery time for the above described equipment is within ninety (90) days after the execution of this Purchase Agreement. Contract No. 39-2018 Page 1 of 3 SECTION IV. PROHIBITION AGAINST DISCRIMINATION 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. SECTION V. 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 remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. If any portion of this agreement is declared unenforceable by a com 1 or tribunal, all other portions shall remain in full force and effect. Page 2 of 3 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 By: Sue Miller, President e Steins, Member Dated: .3 �1_ 7,-/g APPROV Pff now, - Dated: A(P "CONTRACTOR" ADVANTAGE FORD-LINCOLN, INC. B Printed: Title: Dated: Page 3 of 3 PRICE REQUEST CITY OF MCI MOM DEPARTMENTOFSANITATION THIS IS NOT AN ORDER 2380 LMOrrY AVENU13•RICHMQ� INDIANA47374 PHONE (765) 983 7450•FA7:(76S) 962 2b69 NDOR Advantage Ford Mike Blaut 23 S 0 Park Road Connersville, IN 47331 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 DATE: REPLY MUST BE IN BY: PAYMENT TERMS: JDELIVERY REQUIRED: February 6, 2018 10:00 A.M. on February 27, 2018 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase One (1) V4 ton container mechanic delivery truck. 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 address to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: % ton pick up truck Quote Valid Until elh Questions? Call Tim Linear at 766.983-7478. $ ew . STATE TAX EXEMPTION # 003f 21909-001 Richmond Sanitary District NAM F FIRM QUOTING: AUTHORIZED BY SIGNATURE (11-' h/1" TITLE DATE PHONE NUMBER Minimum Specifications for 3/4 Ton Pick-up Truck The Richmond Sanitary District wishes to obtain one (1) 2018 3/4 ton container mechanic delivery truck for use at the Richmond Sanitary District, Richmond Indiana. For additional Information, call Tim Lingar at (765) 983-7468. IV9 Minimum Specifications Four Wheel Drive: Regular Cab (2 doors) V-6 Eco Boost or Equivalent: Power Steering: Yes V/ No Yes r/ No Yes f No Yes—/ No "l yllri!���fL� ��ewe. Trailer tow PKG class IV trailer hitch receiver with a 7 & 4 straight pin wiring harness, brake control not needed Yes_ .No AM/FM Stereo: Yes_ / No Power Windows/Locks: Yes No Heater & Air Conditioning: Yes_ No Tilt Wheel: Yes No Cruise Control: Yes No Automatic Transmission: Yes- No Spray -In Bed Liner (Black): Yes No Strobe LED Lights (hide away mount in front grill): Yes No Strobe LBD Lights (into rear backups): Yes No Warranty Information Included: Yes No Owner Manual Included: Yes V/ No All Other Standard Options Included: Yes7 No PROPOSAL SHEET 3/4 Ton Pickup Truck Department of Sanitation, Richmond, Indiana Year, Brand and Model Number oV 0/k /;- -d v?1i Price of Unit Bid Price Firm for How Long Delivery estimate $ Price to include all shipping, handling, and set up charges. To be delivered to The Richmond Sanitary District 2380 Liberty Avenue, Richmond, Indiana. jug6�ritSignature Contact erson (print) Company n affie Date Phone number Indiana Local Preference Claim: Definitions: Affected Couniy— Wayne County or an adjacent county. Local Indiana Business — A business whose principal place of business is in an Affected County; a business that pays a majority of its payroll (in dollar volume) to residents of Affected Counties; or a business that employees residents of Affected Counties as a majority of its employees. Local kreferenee Documentation If the Bidder is claiming local preference as defined by Indiana Code S 22-15-20.9, it shall include such claim with its Bid. In addition the Bidder shall submit, as a Post -Bid submittal, all documentation required. by the Local Indiana Preference form. If the Bidder is a Joint Venture and is claiming local preference pursuant to�Indiana Code 5-22-15-20.9, the Bidder shall submit all post bid documentation as required by the Post Bid submittals. In determining whether the Joint Venture qualifies as a Local Indiana Business, as defined by Indiana Code S 22-15 20.9, the Owner will evaluate the Joint Venture by combining each business's total payroll, payroll paid to residents of Affected Counties, total number of employees, and total number of employees who are residents of Affected Counties. Ihuther, each part of the Joint Venture shall subunit the location of it's principal place of business will be a consideration in whether the Joint Venture qualifies as a local Indiana business, The Owner will determine whether the Joint Venture qualifies as a Local Indiana business. The total overall. Joint Venture must qualify as a Local Indiana Business to receive the local preference w defined in Indiana Code 5-22-15-20.9. Subject to Indiana Code 5-22-1 S 209, award of the Contract will be made to the lowest, responsive and responsible Bidder, where the Bid is reasonable and does not exceed the funds available for the project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other intgularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. MIANA LOCAL PREFERRNCE CLAIM (Only fill out this Part if claiming to be a Local Indiana Business) Pursuant to Indiana Code 5 22-15 209, nc �4i'Z (Name of Business) - q Claims a local Indiana business preference for the bid for Project /af J✓ Di A -15j,wawd__ �,,,,% �,►,f ; in Wayne County, Indiana. (Name of Project) The Claim of applicability of the Local Indiana Business preference is based upon the following (Check all that apply) 1. The location of the Business's principal place of business is: A) in Wayne County, or / B) in an adjacent county W 2. The majority of the business's payroll, for the previous twelve (12) months from the / date of this Bid, is to residents in Wayne or an adjacent county. �f 3. The majority of the business's employee's, for the previous twelve (12) monf from the date of ibis Bid, are residents of Wayne or an adjacent county. If business is deemed to be the apparent low bidder, business shall provide information pursuant to Post -Bid submittal (Local Indiana Business Preference), to substantiate the claim of a local Indiana business. POST BID SUBMITTAL Local Indiana Business Preference Pursuant to the City of Richmond Bidding and Contract Requirements, this application for the local Indiana business, pursuant to Indiana Code section 5-22-15-20.9, is hereby submitted for the Project listed below by Bidder/Applicant (hereinaf%r Bidder). (Use additional sheets if necessary.) Date Bid Submitted: n ZI-6- zk Project Number: Project I Bidder: ContactName: /her- ie Phone Number: Principal Place of Business: Number of Months Address has been Principal Place of Business: oV ,/gg�/ Number of all Employees for the twelve (12) months prior to the date of Bid submission: Number of Employees who were residents of Affected Counties for the twelve (12) months prior to the date of Bide submission: 3 : If the Bidder claims it is a local Indiana business because the Bidder's principal place of business is in Wayne County or an adjacent county, give a statement explaining the reasons the business considers the.locationnamea as the business's principal_ place of business: 2. In order to claim local preference pursuant to Indiana Code section 5 22-15 209, the Bidder must supply below its total payroll and the amount of the business's payroll paid t residents of Affected Counties for the previous twelve (12) months from the date of the Bid, a. Total Amount of payroll paid to all employees of Bidder in the previous twelve (12) months from the date of the Bid: $ b. Total Amount of payroll paid to residents of affected counties for the previous twelve (12) months fiom the date of the Bid: DV d Bidder shall supply supporting payroll records sufficient for Owner to establish the above representations. When supplying supporting records, Bidder shall redact all Social Security Numbers E-Verify Requirements: Definitions: E-Veriiy Proms — A electrnnio verification of work authorization program of the Illegal Immigration Reform and hunnigration Responsibility Act -of 1996 (P.L. 104 208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). 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. an a a a own noun a Knox unman own a maxo noun N Nunn* NUNN a &anus a am noun "a "*ANN MR no Nunn am a an woux ANNE COMPLIANCE WITH INDIAN.A► Lr-VERI Y 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 tp verify the work eligibility status of all newly hired employees of the contractor through the Indiana IU Verify program if the Indiana E—Verify program no longer exists. Prior to the performance of the 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 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the Contractor Mails to remedy the violation within, the thirty (3 0) 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 orpublic properly, 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. Affidavit of Employment Eligibility Verification The Contractor, v . g�4' r�,Z& j,J, affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Veo * program. The Contractor has requited Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain ibis certification throughout the duration of the tmm of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. Dated this ,�2a_ day of 201. signature) (printed naan ) IRAN Ii4MTAHM ACTIVITIES Pursuant to Indiana Code (IC) S 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 aft -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 notrefuted 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. Exception Item: The % ton (F250) the ecoboost engine is not available only the 6.2 L gas and the 6.7 diesel are available on the 3/4ton(F250) . In a clarification with Tim Ungar he really like the ecoboost engine so I quoted both the F250 with the 6.2 liter gas engine and also included a quote for the F150(1/2 ton) with the 3.5 ecoboost engine. VIRTC10p CNGP530 VEHICLE ORDER CONFIRMATION 02/14/18 10:41:36 Dealer: F47779 2018 F-SERIES SD Page: 1 of 2 Order No: 0001 Priority: D3 Ord FIN: QS029 Order Type: 5B Price Level: 820 Ord Code: 600A Cust/Flt Name: RICHMOND PO Number: RETAIL RETAIL F2B F250 4X4 SD R/C $35685 JOB #1 BUILD 142" WHEELBASE 10000# GVWR PKG Z1 OXFORD WHITE 425 50 STATE EMISS NC A VNYL 40/20/40 512 SPARE TIRE/WHL2 NC S MEDIUM EARTH GR 525► CRUISE CONTROL 235 600A PREF EQUIP PKG TELE TT MIR-PWR .XL TRIM JACK ,TRAILER TOW PKG 85S; TOUGH BED 540 572 .AIR CONDITIONER NC .AM/FM STER/CLK TOTAL BASE AND OPTIONS 38670 996 .6.2L EFI V8 ENG NC TOTAL 38670 44S• 6-SPD AUTOMATIC NC *THIS IS NOT AN INVOICE* TD8 .LT245 BSW AS 17. X37 3.73 REG AXLE NC * MORE ORDER INFO NEXT PAGE 90L4 PWR EQUIP GROUP 915 FB=Next F1=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit FS=Add to Library 5006 - MORE DATA IS AVAILABLE. QC03347 VlDP0235 2,6 i CNGP530 1ART OP 'S.112 EN VEHICLE ORDER CONFIRMATION 02/14/18 10:42:22 2018 F-SERIES SD Order No: 0001 Priority: D3 Ord FIN: QS029 Ord Code: 600A Cust/Flt Name RETAIL SP DLR ACCT• ADJ SP FLT ACCT CR FUEL CHARGE B4A NET INV FLT OPT NC PRICED DORA NC DEST AND DELIV 1295 TOTAL BASE AND OPTIONS 38670 TOTAL 38670 *THIS IS NOT AN INVOICE* F1=Help F2=Return to Order F4=Submit FS=Add to Library Dealer: F47779 Page: 2 of 2 Order Type: 5B Price Level: 820 PO Number: RETAIL F7=Prev F3/F12=Veh Ord Menu S099 - PRESS F4 TO SUBMIT QC03347 VlDP0235 2,6 ****** INVOICE ****** # REMIT TO: 10100 BALLENTINE PIKE NEW CARLISLE, OHIO 45344 2929 NORTHLAWN AVE DAYTON, OHIO 45439 KTEC KAFFENBARGER TRUCK EQUIPMENT COMPANY www.kaffenbarger.com REMIT TO: 3260 E. KEMPER ROAD CINCINNATI, OHIO 45241 2265 REFUGEE RD. COLUMBUS,OHIO 43207 INVOICE#: SOLD TO: 1111 INVOICE DATE: 02/14/18 ROSS BUICK INC., BOB TERMS: N30 85 Loop Road P • O A : COUNTY: 0 Centerville OH 45459 SALESPERSON: 0 JOB ORDER#: 0214181301 PART # DESCRIPTION QTY. UNIT PRICE AMOUNT EQM EQUIPMENT -MUNICIPALITY I MUNCIPALITY - CITY OF RICHMOND, IN SANITARY DISTRICT 4 CORNER STROBE LIGHT KIT 2) ECCO AMBER LED SURFACE MOUNT STROBES IN FRONT GRILL (3510A) 2) ECCO AMBER LED STROBES IN REAR TAIL LIGHTS (ED0010A) WIRED TA FACTORY UPFITTER SWITCH IF SO EQUIPPED. IF NOT WIRED TO SWITCH ON THE DASH. TERMS: 30 DAY NET. THANK YOU CUSTOMER'S SIGNATURE SUBTOTAL I ACKNOWLEDGE REDEIPT OF OWNER, SALES TAX OPERATOR AND MAINTENANCE MANUALS TOTAL: TERMS NET 30 DAYS FROM DATE OF THE INVOICE. A FINANCE CHARGE OF 2% PER MONTH AFTER 30 DAYS. THE. ANNUAL PERCENTAGE RATE IS 241. NOTE: NO REFUNDS OR CREDITS WILL BE ISSUED UNLESS COPY OF INVOICE IS RETURNED. CNGP530 VIRTCI DP 'ti; 2" ja VEHICLE ORDER CONFIRMATION 02/14/18 10:43:22 2018 F-150 Order No: 0001 Priority: E2 Ord FIN: QS029 Ord Code: 100A Cust/Flt Name: RICHMOND RETAIL Dealer: F47779 Page: 1 of 1 Order Type: 5B Price Level: 820 PO Number: RETAIL F1E F150 4X4 R/C •$32555 53A' TRAILER TOW PKG $595 141" WHEELBASE 85A' POWER EQUIP GRP 970 YZ OXFORD WHITE 96Wi SPRAY- IN LINER 495 A VINYL 40/20/40 NC SP DLR ACCT ADJ G MED EARTH GRAY SP FLT ACCT CR 100A. EQUIP GRP FUEL CHARGE ,XL SERIES B4A NET INV FLT OPT NC .17"SILVER STEEL PRICED DORA NC 99G. 3.5L V6 GTDI 2595 DEST AND DELIV 1395 44Gi ELEC 10-SPDAUTO TOTAL BASE AND OPTIONS 38830 .265/70R-17 XL BASE DISCT PEG & TT (500) X27 3.31 REG AXLE NC TOTAL 38330 _.. 7050# GVWR *THIS IS NOT AN INVOICE* JOB #2 ORDER 50Si CRUISE CONTROL 225 F1=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit FS=Add to Library S099 - PRESS F4 TO SUBMIT QC03347 VlDP0235 2,6 to*w/oro 7.25 o a